252K.802 - CONDITIONS OF RENDITION.
252K.802 CONDITIONS OF RENDITION.
1. Before making demand that the governor of another state
surrender an individual charged criminally in this state with having
failed to provide for the support of an obligee, the governor of this
state may require a prosecutor of this state to demonstrate that at
least sixty days previously the obligee had initiated proceedings for
support pursuant to this chapter or that the proceeding would be of
no avail.
2. If, under this chapter, or a law substantially similar to this
chapter, the Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of Support Act, the governor
of another state makes a demand that the governor of this state
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 prosecutor
to investigate the demand and report whether a proceeding for support
has been initiated or would be effective. If it appears that a
proceeding would 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.
3. If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the governor may
decline to honor the demand. If the movant prevails and the
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. Section History: Recent Form
97 Acts, ch 175, §177