§ 12-28-3-5 — Procedure on documented demand for fugitive; delivery to agent of demanding state; discharge for delay; costs and expenses; authority to transmit fugitive to other state; authority to demand return to this state

Indiana § 12-28-3-5

• Jurisdiction: Indiana
• Art. 28: MISCELLANEOUS PROVISIONS CONCERNING
• Ch. 3: Uniform Act for the Extradition of Persons of Unsound

Text

(a) Whenever the executive authority of any
state demands of the executive authority of Indiana any fugitive
described in section 4 of this chapter and produces a copy of
commitment, decree, or other judicial process and proceedings,
certified as authentic by the governor or chief magistrate of that state,
with an affidavit made before a proper officer showing the individual
to be a fugitive, the executive authority of Indiana shall cause the
individual to be apprehended and secured (if found in Indiana) and to
cause immediate notice of the apprehension to be given to the
executive authority making the demand (or to the agent of that
authority appointed to receive the fugitive) and to cause the fugitive to
be delivered to the agent when the fugitive appears.
(b) If no agent appears within thirty (30) days from the time of the
apprehension, the fugitive may be discharged.
(c) All costs and expenses incurred in the apprehending, securing,
maintaining, and transmitting the fugitive to the state making the
demand shall be paid by that state.
(d) Any agent so appointed who receives the fugitive into the agent's
custody is empowered to transmit the fugitive to the state from which
the fugitive has fled.
(e) The executive authority of Indiana is vested with the power, on
the application of any person interested, to demand the return to
Indiana of any fugitive described within the scope of this chapter.
[Pre-1992 Revision Citation: 16-13-9-4.]

Legislative History

As added by P.L.2-1992, SEC.22.