Title 17, Chapter 13, Section 39
( 17-13-39)
The Governor may, in his discretion, surrender, upon demand of the
executive authority of another state, any person found in this
state, notwithstanding the fact that a criminal prosecution or
charges under the laws of this state are pending against the person,
that the person has already been convicted in this state and is
serving a sentence in any jail or penal institution of this state or
of any county or municipality thereof, or that the person is serving
a suspended or probationary sentence. The Governor may condition the
release of the prisoner to the demanding state upon such terms as he
may stipulate, including the condition that the prisoner be returned
to this state immediately after trial and before commencing the
service of sentence, if any, in the demanding state. In no case
shall surrender of the prisoner be construed as a complete
relinquishment of jurisdiction by this state, but the prisoner shall
forthwith be returned to the custody of this state at the expense of
the demanding state immediately after trial in the demanding state
or the completion of sentence therein, as the case may be, except
where the sentence of death has been executed in the demanding
state. |