Title 46, Title 46

The governor of this state may also surrender on requisition of the executive authority of any other state any person in this state who is charged in the manner provided in 46-30-401 with having violated the laws of the state whose executive authority is making the requisition, e…

The governor of this state may also surrender, on requisition of the executive authority of any other state, any person in this state charged in such other state in the manner provided in 46-30-211 with committing an act in this state or in a third state intentionally resulting i…

After the person is arrested upon a governor's warrant of arrest and rendition of this state, or a waiver of extradition has been executed, the timeline for the transfer of the person to the agent or agents of another state must be set as provided in the federal Extradition Act, …

(1) A requisition for the extradition of a person charged with a crime in another state may not be recognized by the governor of this state unless it is in writing alleging that the accused was present in the requisitioning state at the time of the commission of the alleged crime…

When a requisition is made upon the governor of this state by the executive authority of another state for the surrender of a person charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigat…

(1) If the governor decides that the requisition should be complied with, the governor shall sign a warrant of arrest and rendition, which must be sealed with the state seal and be directed to any peace officer or other person whom the governor may think fit to entrust with the e…

The governor may recall the governor's warrant of arrest and rendition or may issue another warrant whenever the governor considers it proper.

The governor's warrant of arrest and rendition must authorize the peace officer or other person to whom it is directed to arrest the accused at any time and any place where the accused may be found within the state, to command the aid of all peace officers or other persons in the…

Every such peace officer or other person empowered to make the arrest shall have the same authority to command assistance in arresting the accused as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse…

(1) A person arrested in this state upon a governor's warrant of arrest and rendition pursuant to this chapter may not be delivered over to the agent whom the executive authority requisitioning the person has appointed to receive the person unless the person is first taken withou…

An officer who delivers to the agent for extradition of the requisitioning state a person in custody under the governor's warrant in willful disobedience of 46-30-217 shall be guilty of a misdemeanor and on conviction shall be fined not more than $1,000 or be imprisoned not more …

The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the requisition for extradition provided for in 46-30-211 has been presented to the governor except as it may be involved in i…

(1) The officer or persons executing the governor's warrant of arrest and rendition or the agent of the requisitioning state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which the prisoner may pas…

(1) A judge or magistrate of this state shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named in the warrant wherever the person may be found in this state and to bring the person before the issuer or any other judge, magistrate,…

(1) Any person of this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of the person's bail, probation, or parole in another state may waive the issuance and service of the warrant provided for in 46-3…

(1) When a court is presented with a prior waiver of extradition executed in another state for a person who is alleged to have violated the terms of the person's bail, probation, parole, or any other conditional release from another state and who is held in this state, the person…

The arrest of a person may also 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 term of 1 year or more. When arr…

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 46-30-204, that the person has fled from justice, the judge or magistrate shall by a warrant rec…

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 person arrested to bail by bond or undertaking with su…

If the accused is not arrested under the governor's warrant of arrest and rendition by the expiration of the time specified in the warrant, bond, or undertaking issued under 46-30-302 and 46-30-303, a judge or magistrate may discharge the accused or may recommit the accused for a…

If the prisoner is admitted to bail and fails to appear and surrender according to the conditions of the prisoner's bond, the judge or magistrate by proper order shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner is within t…

(1) When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the governor a written application for a requisition for the return of the person charged. The application must state the name of the person cha…

Whenever the governor of this state requisitions a person charged with crime or with escaping from confinement or breaking the terms of the person's bail, probation, or parole in this state from the chief executive of any other state or from the chief justice or an associate just…

When it is desired to have returned to this state a person charged in this state with a crime and the person is imprisoned or is held under criminal proceedings then pending against the person in another state, the governor of this state may agree with the executive authority of …

A person brought into this state on or after waiver of extradition based on a criminal charge is not subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding that the person is being or has been returned to answer until the …

After a person has been brought back to this state by extradition proceedings, the person may be tried in this state for other crimes that the person may be charged with having committed here as well as that specified in the requisition for the person's extradition.

(1) When a person charged or convicted of crime in this state has been found and arrested in another state and is to be returned to this state by requisition of the governor or by a waiver of extradition or by a prior waiver of extradition, the expenses payable by this state to t…

No compensation, fee, or reward of any kind may be paid to or received by a public officer of this state or other person for a service rendered in procuring from the governor the requisition mentioned in 46-30-411(1), for the surrender of the person, or for conveying the fugitive…

Every person who violates any of the provisions of 46-30-412 is guilty of a misdemeanor.

When a person is arrested on a judicial warrant after being returned to this state under 46-30-411, the following conditions must apply: (1) a person may not be admitted to bail without first appearing before the judge who issued the warrant, unless that judge is unavailable, in …