Title 19, Chapter 11, Section 48
( 19-11-48)
(a) The Governor of this state may: (1) Demand from the governor of any other state the surrender of
any person found in the other state who is charged in this state
with the crime of failing to provide for the support of any person
in this state; and (2) Surrender, on demand by the governor of any other state, any
person found in this state who is charged in the other state with
the crime of failing to provide for the support of a person in the
other state. (b) The provisions for extradition of criminals not inconsistent
with this Code section shall apply to any such demand, even if the
person whose surrender is demanded was not in the demanding state at
the time of the commission of the crime and although he had not fled
therefrom. Neither the demand, the oath, nor any proceedings for
extradition pursuant to this Code section need state or show that
the person whose surrender is demanded has fled from justice or that
at the time of the commission of the crime he was in the demanding
or other state. (c) When the extradition of an obligor in this state has been
demanded by the governor of any other state, the obligor may be
relieved of extradition to the other state if he submits himself to
the jurisdiction of the superior court of this state in the county
where he is found and complies with the court's order of support. (d) In order to submit himself to the jurisdiction of the superior
court of this state, the obligor shall file with the court a
verified petition containing the following information: (1) His name and permanent address; (2) The names, addresses, and ages of his obligees in the
demanding state; (3) His financial circumstances; (4) That he is willing to submit himself to the jurisdiction of
the court of this state and to comply with its order of support;
and (5) Such other information as he believes to be pertinent and
material. (e) The court shall make a temporary order of support and shall
continue the matter pending the receipt of such further information
as the court may deem necessary or advisable. Two certified copies
of the temporary order of support shall be delivered to the office
of the Governor and one plain copy shall be delivered to the
district attorney. Upon receipt of the certified copies of the order
of support, the Governor may, in his discretion, suspend extradition
proceedings so long as the obligor complies with the temporary order
of support and with any other orders of support which may thereafter
be entered. |