23-9,802. Conditions of rendition.
23-9,802
23-9,802. Conditions of rendition.(a) Before making demand that the governor of another statesurrender an individual charged criminally in this state with having failed toprovide for the support of an obligee, the governor of this state may require aprosecutor of this state to demonstrate that at least 60 days previously theobligee had initiated proceedings for support pursuant to this act or that theproceeding would be of no avail.
(b) If, under this act or a law substantially similar to this act, theuniform reciprocal enforcement of support act, or the revised uniformreciprocal enforcement of support act, the governor of another state makes ademand that the governor of this state surrender an individual chargedcriminally in that state with having failed to provide for the support of achild or other individual to whom a duty of support is owed, the governor mayrequire a prosecutor to investigate the demand and report whether a proceedingfor support has been initiated or would be effective. If it appears that aproceeding would be effective but has not been initiated, the governor maydelay honoring the demand for a reasonable time to permit the initiation of aproceeding.
(c) If a proceeding for support has been initiated and the individual whoserendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded issubject to a support order, the governor may decline to honor the demand if theindividual is complying with the support order.
History: L. 1994, ch. 301, § 80; July 1.