§3182 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When a state's governor or other top official asks another state, district, or territory to return someone who ran away and gives a copy of the charge or a sworn complaint that has been certified as authentic by the governor or chief magistrate of the original state, the place where the person fled must arrest and hold them and tell the requesting official or their agent. The person must be handed over to that agent when the agent arrives. If no agent shows up within 30 days after the arrest, the prisoner can be released.

Title 18, §3182

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 662 (R.S. § 5278). Last sentence as to costs and expenses to be paid by the demanding authority was incorporated in section 3195 of this title. Word “District” was inserted twice to make section equally applicable to fugitives found in the District of Columbia. “Thirty days” was substituted for “six months” since, in view of modern conditions, the smaller time is ample for the demanding authority to act. Minor changes were made in phraseology.

Editorial Notes

Amendments

1996—Pub. L. 104–294 inserted comma after “District” in section catchline and in two places in text.

§3182 Fugitives From State or Territory to State, District, or Territory