§ 35-37-5-6 — Summoning prisoners in this state to testify in another state; prisoner from another state summoned to testify in this state

Indiana § 35-37-5-6

• Jurisdiction: Indiana
• Art. 37: TRIAL PROCEDURE
• Ch. 5: Uniform Act to Secure the Attendance of Witnesses

Text

(a) If a judge of a court of record in any other
state, which by its laws has made provision for commanding a prisoner
within that state to attend and testify in this state, certifies under the
seal of the court that:
(1) there is a criminal prosecution pending in such court or that a
grand jury investigation has commenced;
(2) a person confined by the department of correction (other than
a person awaiting execution of a sentence of death) is a material
witness in such prosecution or investigation; and
(3) his presence is required for a specified number of days;
a judge of a court with jurisdiction to try felony cases in the county
where the person is confined, after notice to the attorney general, shall
fix a time and place for a hearing and shall order the person having
custody of the prisoner to produce him at the hearing.
(b) If at such hearing the judge determines that the prisoner is a
material and necessary witness in the requesting state, the judge shall
issue an order directing that the prisoner attend the court where the
prosecution or investigation is pending, upon such terms and
conditions as the judge prescribes, including:
(1) provision for the return of the prisoner at the conclusion of his
testimony;
(2) proper safeguards on his custody; and
(3) proper financial reimbursement or other payment by the
demanding jurisdiction for all expenses incurred in the production
and return of the prisoner.
(c) The attorney general is authorized to enter into agreements with
authorities of the demanding jurisdiction to insure proper compliance
with the order of the court.
(d) If:
(1) a criminal action is pending in a court of record of this state by
reason of the filing of an indictment or affidavit or by reason of
the commencement of a grand jury proceeding or investigation;
(2) there is reasonable cause to believe that a person confined in
a correctional institution or prison of another state (other than a
person awaiting execution of a sentence of death or one confined
as mentally ill) possesses information material to such criminal
action;
(3) the attendance of such person as a witness in such action is
desired by a party; and
(4) the state in which such person is confined possesses a statute
equivalent to this section;
a judge of the court in which such action is pending may issue a
certificate certifying all such facts and that the attendance of such
person as a witness in such court is required for a specified number of
days. Such a certificate may be issued upon application of either the
state or defendant demonstrating all the facts specified in this section.
(e) Upon issuing such a certificate, the court may deliver it to a
court of such other state which, pursuant to the laws thereof, is
authorized to undertake legal action for the delivery of such prisoners
to this state as witnesses.

Legislative History

As added by P.L.311-1983, SEC.2.