§ 35-33-10-6 — Defendants outside United States

Indiana § 35-33-10-6

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 10: Securing Attendance of Defendants and Uniform

Text

Securing Attendance of Defendants Who Are
Outside The United States. (1) When a criminal action for a crime
committed in this state is pending in a court of this state with
jurisdiction over the crime against a defendant who is in a foreign
country with which the United States has an extradition treaty, and
when the indictment or information charges a crime which is specified
in such treaty as an extraditable one, the prosecuting attorney of the
county in which such crime was allegedly committed may make an
application to the governor, requesting him to make an application to
the president of the United States to institute extradition proceedings
for the return of the defendant to this country and state for the purpose
of prosecution of such action. The prosecuting attorney's application
must comply with any rules, regulations and guidelines established by
the governor for such applications and must be accompanied by all the
documents required by such rules, regulations and guidelines.
(2) Upon receipt of the prosecuting attorney's application, the
governor if satisfied that the defendant is in the foreign country in
question, that the crime charged is an extraditable one pursuant to the
treaty in question, and that there are no factors or impediments which
in law preclude such an extradition, may in his discretion make an
application, addressed to the secretary of state of the United States,
requesting that the president of the United States institute extradition
proceedings for the return of the defendant from such foreign country.
The governor's application must comply with any rules, regulations and
guidelines established by the secretary of state for such applications
and must be accompanied by all the documents required by such rules,
regulations and guidelines.
(3) If the governor's application is granted and the extradition is
achieved or attempted, all expenses incurred therein must be borne by
the county from which the application emanated.
(4) The provisions of this section apply equally to extradition or
attempted extradition of a person who is a fugitive following the entry
of a judgment of conviction against him in a criminal court of this state.
As added by Acts 1981, P.L.298, SEC.2.