§ 14-5-802 — Conditions of rendition

(a) Before making a 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 article
or that the proceeding would be of no avail.

(b) If, under this article or a law substantially similar to this article, 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.

(c) 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 petitioner 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.

Legislative History

Source: L. 93: Entire article R&RE, p. 1601, � 1, effective January 1, 1995. L. 2003: (a) and (b) amended, p. 1263, � 45, effective July 1, 2004.