Title 77, Title 77: Criminal Procedure

77-30-13. Fugitives from justice -- Warrant of arrest. Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state, and, except in cases arising under Se…

77-30-14. Arrest without warrant. The arrest of a person may be lawfully made also 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 …

77-30-15. Commitment pending arrest under warrant of governor. 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, that the accused person…

77-30-16. Amount of bail. (1) Except as provided in Subsection, a judge or magistrate in this state may admit the person arrested to bail by bond with sufficient sureties and in an amount the judge or magistrate considers proper, conditioned for the arrested person's appearance b…

77-30-17. Procedure when no arrest made under warrant of governor. If the accused person is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge the accused person or may recommit the accuse…

77-30-18. Forfeiture of bail. 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 warra…

77-30-19. Procedure if prosecution pending in this state. (1) If a criminal prosecution has been instituted against a defendant under the laws of this state and is still pending, the governor may either surrender the defendant on demand of the executive authority of another state…

77-30-2. Duty of governor to deliver person charged with crime upon demand by other state. Subject to the provisions of this act, 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 …

77-30-2.5. Assistance from Department of Criminal Justice. The governor may direct the Department of Criminal Justice created in Sectionto assist with the governor's responsibilities described in this chapter.

77-30-20. Governor not to inquire into guilt or innocence. The guilt or innocence of the accused person as to the crime of which the accused person is charged in another state may not be inquired into by the governor or in any proceeding after the demand for extradition accompani…

77-30-21. Governor's warrant of arrest recalled or another issued. The governor may recall the governor's warrant of arrest or may issue another warrant whenever the governor deems proper.

77-30-22. Fugitives from this state -- Issuance of governor's warrant. Whenever the governor of this state shall demand a person charged with a crime or with escaping from confinement or breaking the terms of bail, probation, or parole in this state from the executive authority o…

77-30-23. Fugitives from this state -- Applications for requisition for return. (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 his written application for a requisition for the r…

77-30-24. Payment of expenses -- Extradition costs. (1) When the punishment of an offense is the confinement of the defendant in prison, the expenses shall be paid out of the state treasury on the certificate of the governor and warrant of the auditor. In all other cases, the exp…

77-30-25. Individual brought into state on extradition exempt from civil process -- Waiver of extradition proceedings -- Nonwaiver by this state. (1) An individual brought into this state by or after waiver of extradition based on a criminal charge is not subject to service of pe…

77-30-26. Prosecution not limited to crime specified in requisition. After a person has been brought back to this state by or after waiver of extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here…

77-30-26.5. Person who has violated parole or probation agreement with demanding state. (1) A law enforcement agency that is holding a person subject to extradition based on having allegedly violated the terms of the person's probation, parole, bail, or other terms of release in …

77-30-27. Uniformity of interpretation. The provisions of this act shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.

77-30-28. Citation -- Uniform Criminal Extradition Act. This act may be cited as the Uniform Criminal Extradition Act.

77-30-3. Form of demand -- What documents presented must show. No demand for the extradition of a person charged with a crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under Section, that the accused was present in th…

77-30-4. Governor may investigate demand. 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 a crime, the governor may call upon the attorney general or any prosecuting officer in t…

77-30-5. Extradition for prosecution before conclusion of trial or term in other state -- Return of person involuntarily leaving demanding state. (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is…

77-30-6. Extradition for crime committed in another state by person while in this state. 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 section…

77-30-7. Governor's warrant of arrest -- Recitals. If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, directed to any peace officer or other person whom the governor may think fi…

77-30-8. Execution of warrant of arrest. Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the state and to command the aid of all peace officers or other persons i…

77-30-9. Authority of officers under warrant of arrest. 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 proc…