77-30-23 - Fugitives from this state -- Applications for requisition for return.
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 forthe return of the person charged, in which application shall be stated the name of the person socharged, the crime charged against him, the approximate time, place, and circumstances of itscommission, the state in which he is believed to be, including the location of the accused thereinat the time the application is made, and certifying that in the opinion of the said prosecutingattorney the ends of justice require the arrest and return of the accused to this state for trial andthat the proceeding is not instituted to enforce a private claim.
(2) When the return to this state is required of a person who has been convicted of acrime in this state and has escaped from confinement or broken the terms of his bail, probation,or parole, the prosecuting attorney of the county in which the offense was committed, the paroleboard, or the warden of the institution or sheriff of the county from which escape was made shallpresent to the governor a written application for a requisition for the return of such person, inwhich application shall be stated the name of the person, the crime of which he was convicted,the circumstances of his escape from confinement, or of the breach of the terms of his bail,probation, or parole, the state in which he is believed to be, including the location of the persontherein at the time application is made.
(3) The application shall be verified by affidavit, shall be executed in duplicate, and shallbe accompanied by two certified copies of the indictment returned, or information and affidavitfiled, or of the complaint made to the judge or magistrate stating the offense with which theaccused is charged, or of the judgment or conviction, or of the sentence.
(4) The prosecuting officer, parole board, warden, or sheriff may also attach such furtheraffidavits and other documents in duplicate as he shall deem proper to be submitted with suchapplication. One copy of the application with the action of the governor indicated byendorsement thereon and one of the certified copies of the indictment, complaint, information,and affidavits or of the judgment of conviction or of the sentence shall be filed in the office of thegovernor to remain of record in that office. The other copies of all papers shall be forwardedwith the governor's requisition.
Amended by Chapter 306, 2007 General Session