CHAPTER 8. INTERSTATE RENDITION
IC 31-18-8
Chapter 8. Interstate Rendition
IC 31-18-8-1
Grounds for rendition
Sec. 1. (a) As used in this chapter, "governor" includes:
(1) an individual performing the functions of governor; or
(2) the executive authority of a state covered by this article.
(b) The governor of Indiana may:
(1) demand that the governor of another state surrender an
individual found in the other state who is charged criminally in
Indiana with having failed to provide for the support of an
obligee; or
(2) on the demand by the governor of another state, surrender
an individual found in Indiana who is charged criminally in the
other state with having failed to provide for the support of an
obligee.
(c) A provision for extradition of individuals not inconsistent with
this article applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the
crime was allegedly committed and has not fled from the demanding
state.
As added by P.L.1-1997, SEC.10.
IC 31-18-8-2
Conditions of rendition
Sec. 2. (a) Before making demand that the governor of another
state surrender an individual charged criminally in Indiana with
having failed to provide for the support of an obligee, the governor
of Indiana may require a prosecuting attorney in Indiana to
demonstrate that:
(1) at least sixty (60) days previously the obligee had initiated
proceedings for support under this article; or
(2) the proceeding would be of no avail.
(b) If under:
(1) this article or a law substantially similar to this article;
(2) the Uniform Reciprocal Enforcement of Support Act; or
(3) the Revised Uniform Reciprocal Enforcement of Support
Act;
the governor of another state makes a demand that the governor of
Indiana surrender an individual charged criminally in that state with
having failed to provide for the support of a child or other individual
to whom a duty of support is owed, the governor may require a
prosecuting attorney to investigate the demand and report whether a
proceeding for support has been initiated or may be effective.
(c) If a proceeding for support may be effective but has not been
initiated, the governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
(d) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the governor may
decline to honor the demand.
(e) If the:
(1) petitioner prevails; and
(2) individual whose rendition is demanded is subject to a
support order;
the governor may decline to honor the demand if the individual is
complying with the support order.
As added by P.L.1-1997, SEC.10.