Title 19 — CRIMINAL PROCEDURE

19-4501. Definitions. Where appearing in this chapter: (1) The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state; (2) The term "governor" includes any person performing the functions of governor …

19-4502. Fugitives from justice — Duty of governor. Subject to the provisions of this chapter, and the provisions of the Constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to h…

19-4503. Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing, alleging, except in cases arising under section 19-4506, Idaho Code, that the accused was present in the demanding state a…

19-4504. Governor may investigate case. When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney-general or any prosecuting officer in this …

19-4506. Extradition of persons not present in demanding state at time of commission of crime. The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in se…

19-4507. Issue of governor’s warrant of arrest — Recitals. If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to …

19-4508. Manner and place of execution — Facsimile and electronic service. (1) Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peac…

19-4509. Authority of arresting officer. Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed …

19-4510. Rights of accused person — Application for writ of habeas corpus. No person arrested upon such warrant shall be delivered over to the appointed agent for the executive authority demanding him unless he shall first be taken forthwith before a judge or magistrate of a cour…

19-4511. Penalty for noncompliance with section 19-4510, Idaho Code. Any officer who shall deliver to the agent of the demanding state a person in his custody for extradition under the governor’s warrant, in willful disobedience to section 19-4510, Idaho Code, shall be guilty of …

19-4512. Confinement in jail when necessary. The officer or person executing the governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may when necessary, confine the prisoner in the jail of any county or city through whic…

19-4513. Arrest prior to requisition. (1) Except in cases arising under section 19-4506, Idaho Code, a judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to brin…

19-4514. Arrest without a warrant. The arrest of a person may be lawfully made by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a t…

19-4515. Commitment to await requisition — Bail. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 19-4506, Idaho Code, that he has fled f…

19-4516. Bail — In what cases — Conditions of bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the pe…

19-4517. Extension of time of commitment. If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, as provided in section 19-4515, Idaho Code, a judge or magistrate may discharge him or may recommit him for a fur…

19-4518. Forfeiture of bail. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is …

19-4519. Persons under criminal prosecution in this state at time of requisition. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor in his discretion, either may surrender such person on demand of the…

19-4520. Guilt or innocence of accused — When inquired into. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition is presented to the governor, except as it may …

19-4521. Governor may recall warrant or issue alias. The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

19-4522. Fugitives from this state — Duty of governor. Whenever the governor of this state shall demand a person charged with crime, escaping from confinement, or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, o…

19-4523. Application for issuance of requisition — By whom made — Contents. (1) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return …

19-4524. Immunity from service of process in certain civil actions. A person brought into this state by or after waiver of extradition based on a criminal charge, shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal pr…

19-4525. No right of asylum — No immunity from other criminal prosecution while in this state. After a person has been brought back to this state by or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having comm…

19-4526. Interpretation. The provisions of this chapter shall be so interpreted and construed as to effectuate the general purposes to make uniform the law of those states which enact it.

19-4528. Costs and expenses. When the governor of this state, in the exercise of the authority conferred by section 2 of article 4 of the Constitution of the United States, or by the laws of this state, demands from the executive authority of any state or territory of the United …

19-4529. Extradition of persons imprisoned or charged in another state or who have left demanding state involuntarily — Authorized signature of governor. (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprison…

19-4530. Written waiver of extradition proceedings. (1) Any person who is arrested in this state and who is charged with having committed a crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuan…

19-4531. Short title. This chapter may be cited as the "Uniform Criminal Extradition Act."