Title 17, Chapter 13, Section 43
( 17-13-43)
(a) When the return to this state of a person charged with crime in
this state is required, the prosecuting attorney shall present to
the Governor his written application, in which application shall be
stated the name of the person so charged, the crime charged against
him, the approximate time, place, and circumstance of its
commission, the state in which he is believed to be, including the
location of the accused therein at the time the application is made,
and certifying that, in the opinion of the prosecuting attorney, the
ends of justice require the arrest and return of the accused to this
state for trial and that the proceeding is not instituted to enforce
a private claim. (b) When the return to this state is required of a person who has
been convicted of a crime in this state and who has escaped from
confinement or broken the terms of his bail, probation, or parole,
the prosecuting attorney of the county in which the offense was
committed, the State Board of Pardons and Paroles, or the warden of
the institution or sheriff of the county from which escape was made
shall present to the Governor a written application for a
requisition for the return of such person. The application shall
state the name of the person, the crime of which he was convicted,
the circumstances of his escape from confinement or of the breach of
the terms of his bail, probation, or parole and the state in which
he is believed to be, including the location of the person therein
at the time application is made. (c) The application shall be verified by affidavit, executed in
duplicate, and accompanied by two certified copies of the indictment
returned, information and affidavit filed, or of the complaint made
to the judge or magistrate, stating the offense with which the
accused is charged, or of the judgment of conviction or of the
sentence. The prosecuting officer, parole board, warden, or sheriff
may also attach such further affidavits and other documents in
duplicate as he shall deem proper to be submitted with such
application. One copy of the application, with the action of the
Governor indicated by endorsement thereon, and one of the certified
copies of the indictment, complaint, information and affidavits, or
of the judgment of conviction or of the sentence shall be filed in
the office of the Governor, to remain of record in that office. The
other copies of all papers shall be forwarded with the Governor's
requisition. |