CHAPTER 964*
UNIFORM CRIMINAL EXTRADITION ACT

      *Cited. 149 C. 70. Cited. 157 C. 407. Cited. 171 C. 366. Cited. 180 C. 153. Cited. 182 C. 470. Cited. 185 C. 562. Cited. 186 C. 404. Cited. 188 C. 364. Burden of proof for contesting fugitive states discussed. 190 C. 631. Violation of rights under Ch. 965 and its effect on requested extradition discussed. 193 C. 116. Uniform Criminal Extradition Act cited. 193 C. 270. Cited. 194 C. 702. Remanding state rather than custodial state must determine if arrest is constitutionally defective for lack of probable cause. 195 C. 465. Cited. 196 C. 309. Under the Uniform Criminal Extradition Act, Sec. 54-157 et seq., a person who leaves the demanding state involuntarily under government compulsion is a fugitive from justice subject to mandatory extradition provisions of the act. 281 C. 380.

      Uniform criminal extradition act (UCEA) Sec. 54-157 et seq. cited. 26 CA 254. Uniform criminal extradition act, Sec. 54-157 et seq. cited. 33 CA 41.

      Cited. 26 CS 470. Discussed. 34 CS 78. Sec. 54-157 et seq., uniform criminal extradition act (UCEA), cited. 41 CS 320. Uniform criminal extradition act, Sec. 54-157 et seq. cited. 42 CS 569.


Table of Contents

Sec. 54-157. Definitions.
Sec. 54-158. Governor's duty to arrest and deliver up fugitive.
Sec. 54-159. Requirements for recognition of extradition demand.
Sec. 54-160. State's attorney and prosecuting attorney to assist Governor.
Sec. 54-161. Return to this state of person imprisoned or held in another state.
Sec. 54-162. Return to another state of person whose act in this state caused crime.
Sec. 54-163. Arrest warrant signed by Governor.
Sec. 54-164. Authorization under warrant.
Sec. 54-165. Power of arresting officer.
Sec. 54-166. Appearance of accused in court. Habeas corpus.
Sec. 54-167. Penalty for failure of officer to present accused in court.
Sec. 54-168. Confinement, when.
Sec. 54-169. Arrest warrant of judge.
Sec. 54-170. Arrest without warrant.
Sec. 54-171. Commitment pending Governor's warrant.
Sec. 54-172. Allowance and conditions of bail bond.
Sec. 54-173. Discharge or recommitment after expiration of period specified in warrant or bond.
Sec. 54-174. Forfeiture of bond.
Sec. 54-175. Surrender of person against whom criminal prosecution pending in this state.
Sec. 54-176. Governor not to inquire into guilt or innocence of accused.
Sec. 54-177. Recall or new issuance of Governor's warrant.
Sec. 54-178. Governor seeking extradition to issue warrant to agent to receive accused.
Sec. 54-179. Application by state's attorney, Board of Pardons and Paroles or Correction Commissioner for return of accused.
Sec. 54-180. Immunity of accused to process in civil action arising from same facts.
Sec. 54-181. Waiver by accused.
Sec. 54-182. State's rights not waived.
Sec. 54-183. Trial for crimes other than those specified in extradition requisition.
Sec. 54-184. Interpretation of chapter.
Sec. 54-185. Short title: Uniform Criminal Extradition Act.

      Sec. 54-157. Definitions. Where appearing in this chapter, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor and any person performing the functions of Governor in a state other than this state. The term "state", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.

      (1957, P.A. 362, S. 1.)

      Annotations to former statute: One who escapes from imprisonment considered still to be "charged with crime" within meaning of this statute. 68 C. 441; 105 C. 374. What crimes included. 84 C. 370; 92 C. 542; 100 C. 292; 105 C. 374; 109 C. 404. One residing in Connecticut as a paroled prisoner of California is not immune from liability to extradition by Michigan for a crime committed there. 105 C. 374. Prior extradition statutes, 1949 Rev., S. 8855 to 8869, inclusive.

      Annotations to present section:

      Cited. 186 C. 404. Cited. 190 C. 631.

      Cited. 26 CA 254.


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      Sec. 54-158. Governor's duty to arrest and deliver up fugitive. Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this state.

      (1957, P.A. 362, S. 2.)

      Cited. 163 C. 394. Cited. 186 C. 404. Cited. 190 C. 631. Cited. 193 C. 116.

      Cited. 3 CA 512.

      Words "or other crime" necessarily include misdemeanors. 25 CS 179.


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      Sec. 54-159. Requirements for recognition of extradition demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under section 54-162, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.

      (1957, P.A. 362, S. 3.)

      So long as copy of judgment recited plaintiff's conviction and sentence as second offender, copy of information upon which he was presented as second offender not essential to validity of extradition request. 149 C. 73. Cited. 157 C. 407. Cited. 161 C. 329. Cited. 186 C. 404. Cited. 188 C. 364. Cited. 190 C. 631. Cited. 193 C. 270. Cited. 194 C. 702. Provisions of Sec. 1-36 not applicable to extradition documentation. 195 C. 465. Cited. 196 C. 557. Cited. 201 C. 162.

      Recognition of extradition requests under federal law and this statute discussed. 3 CA 512. Cited. 26 CA 254. Cited. 33 CA 41. Cited. 36 CA 678.

      Affiant's statement she "believes" the plaintiff to be the perpetrator of the crimes charged in Florida is not a substantial charge hereunder and writ of habeas corpus releasing plaintiff was granted. 31 CS 412. Implements Art. 4, Sec. 2 of U.S. Const. Person demanded may resist extradition by proving, in habeas corpus proceeding, that he was not present in demanding state at time of alleged offense and is, therefore, not a fugitive from its justice. 34 CS 78. Judicial finding of probable cause should be explicitly made. 40 CS 179. Cited. 42 CS 569.


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      Sec. 54-160. State's attorney and prosecuting attorney to assist Governor. When a demand is made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon any state's attorney or prosecuting attorney in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.

      (1957, P.A. 362, S. 4; P.A. 75-221.)

      History: P.A. 75-221 added reference to prosecuting attorneys.

      Cited. 186 C. 404. Cited. 190 C. 631. Cited. 234 C. 539.

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      Sec. 54-161. Return to this state of person imprisoned or held in another state. When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated. The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section 54-179 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.

      (1957, P.A. 362, S. 5.)

      Cited. 186 C. 404. Cited. 190 C. 631.

      Plain language of section makes it clear that Connecticut's extradition law does not make it mandatory to extradite a nonfugitive. 88 CA 178. Section governs extradition of persons who have been removed involuntarily from the demanding state by government compulsion and such persons properly are treated as nonfugitives. Id.


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      Sec. 54-162. Return to another state of person whose act in this state caused crime. The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 54-159 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom.

      (1957, P.A. 362, S. 6.)

      Cited. 157 C. 414. Cited. 186 C. 404. Cited. 190 C. 631. Cited. 201 C. 162.

      Governor of rendering state exercises informed legal discretion, as extradition is not required by U.S. Const. (Art. 4, Sec. 2); where both governors falsely believed person was a fugitive, extradition will not be granted under this section and person must be released, as discretion was not exercised. 34 CS 78.


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      Sec. 54-163. Arrest warrant signed by Governor. If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant shall substantially recite the facts necessary to the validity of its issuance.

      (1957, P.A. 362, S. 7.)

      Procedure before governor and effect of issuance of warrant by him. 78 C. 150; 84 C. 370; 160 U.S. 231. Warrant necessary for arrest under uniform criminal extradition act. 146 C. 509. Cited. 157 C. 38. In habeas corpus challenging detention under warrant, indigent plaintiff entitled to assistance to assert his legal rights. Id., 403. Cited. 161 C. 329. Cited. 163 C. 394. Cited. 168 C. 274. Cited. 180 C. 153. Cited. 182 C. 470. Cited. 186 C. 404. Cited. 190 C. 631. Cited. 201 C. 162.

      Cited. 26 CS 469.


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      Sec. 54-164. Authorization under warrant. Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he is found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state.

      (1957, P.A. 362, S. 8.)

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-165. Power of arresting officer. Every such officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

      (1957, P.A. 362, S. 9.)

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-166. Appearance of accused in court. Habeas corpus. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he is first taken forthwith before a judge of any court having criminal jurisdiction in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of such court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the state's attorney of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.

      (1957, P.A. 362, S. 10; 1959, P.A. 28, S. 156.)

      History: 1959 act deleted reference to trial justice.

      Prior to 1960: Court of common pleas may, in its discretion, admit prisoner to bail pending appeal from its decision dismissing writ of habeas corpus. 100 C. 291. Demanding state is forum in which issue of violation of due process must be raised. 151 C. 155. Argument re arrest must be confined to legalities. Id. Indigent must be afforded means to assert his rights on such hearings. 157 C. 403. Cited. 159 C. 150. United States court will not ordinarily issue writ pending final determination of case in state courts. 160 U.S. 231. Cited. 171 C. 366. Cited. 186 C. 404. Cited. 188 C. 364. Cited. 190 C. 631. Cited. 193 C. 270. Cited. 196 C. 309. Cited. 218 C. 791. Sec. 10 of uniform criminal extradition act cited. Id.

      Scope and limits of the hearing on habeas corpus discussed. 21 CS 12. In habeas corpus proceeding plaintiff argued that his return to North Carolina would be in violation of his constitutional rights, particularly those relating to cruel and unusual punishment, excessive fines and right to counsel; held that, if his constitutional rights were violated, his remedy lies in an appeal from the decision of the North Carolina court. Id.


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      Sec. 54-167. Penalty for failure of officer to present accused in court. Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in wilful disobedience to section 54-166, shall be fined not more than one thousand dollars or be imprisoned not more than six months or both.

      (1957, P.A. 362, S. 11.)

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-168. Confinement, when. The officer or person executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner has been delivered, may, when necessary, confine the prisoner in any community correctional center or in the jail of any city through which he passes; and the Community Correctional Center Administrator or the keeper of such jail shall receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping. The officer or agent of a demanding state to whom a prisoner has been delivered following extradition proceedings in another state, or to whom a prisoner has been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in any community correctional center or in the jail of any city through which he passes; and the Community Correctional Center Administrator or keeper of such jail shall receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent being chargeable with the expense of keeping; provided such officer or agent shall produce and show to the Community Correctional Center Administrator or the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.

      (1957, P.A. 362, S. 12; 1963, P.A. 642, S. 82; 1969, P.A. 297.)

      History: 1963 act substituted state jail for county jail and included jail administrator; 1969 act replaced jails and jail administrators with community correctional centers and their administrators.

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-169. Arrest warrant of judge. Whenever any person within this state is charged on the oath of any credible person before any judge of any court of this state having criminal jurisdiction with the commission of any crime in any other state and, except in cases arising under section 54-162, with having fled from justice, or having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint has been made before such judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime and, except in cases arising under section 54-162, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, and is believed to be in this state, the judge shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

      (1957, P.A. 362, S. 13; 1959, P.A. 28, S. 157.)

      History: 1959 act deleted references to trial justice.

      Warrant necessary for arrest under uniform criminal extradition act. 146 C. 509. Cited. 157 C. 38. Cited. 186 C. 404. Cited. 190 C. 631. Cited. 193 C. 116; Id., 270.

      Cited. 26 CS 469.


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      Sec. 54-170. Arrest without warrant. The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused shall be taken before such a judge with all practicable speed and complaint shall be made against him under oath setting forth the ground for the arrest as in section 54-169; and thereafter his answer shall be heard as if he had been arrested on a warrant.

      (1957, P.A. 362, S. 14; 1959, P.A. 28, S. 196.)

      History: 1959 act deleted reference to trial justice.

      Cited. 186 C. 404. Cited. 190 C. 631. Cited. 193 C. 270.

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      Sec. 54-171. Commitment pending Governor's warrant. If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 54-162, that he has fled from justice, the judge shall, by a warrant reciting the accusation, commit him to a community correctional center for such a time, not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in section 54-172, or until he is legally discharged.

      (1957, P.A. 362, S. 15; 1959, P.A. 28, S. 158; 1969, P.A. 297.)

      History: 1959 act deleted reference to trial justice; 1969 act substituted "community correctional center" for "jail".

      Cited. 180 C. 153. Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-172. Allowance and conditions of bail bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, such a judge in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this state.

      (1957, P.A. 362, S. 16; 1959, P.A. 28, S. 159.)

      History: 1959 act deleted reference to trial justices.

      Court may, in its discretion, admit accused to bail pending appeal from dismissal of writ of habeas corpus. 100 C. 297. Under Uniform Criminal Extradition Act judge may admit to bail a person arrested as a fugitive from another state pending issuance of governor's warrant in extradition proceeding unless the offense is punishable by death or life imprisonment under law of the demanding state. It is silent, however, concerning authority of court or judge to admit a fugitive to bail after governor's warrant has been signed. 171 C. 366. Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-173. Discharge or recommitment after expiration of period specified in warrant or bond. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, such judge may discharge him or may recommit him for a further period not to exceed sixty days, or a judge may again take bail for his appearance and surrender as provided in section 54-172, but within a period not to exceed sixty days after the date of such new bond.

      (1957, P.A. 362, S. 17; 1959, P.A. 28, S. 160.)

      History: 1959 act deleted references to trial justice.

      Cited. 163 C. 394. Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-174. Forfeiture of bond. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.

      (1957, P.A. 362, S. 18; 1959, P.A. 28, S. 161.)

      History: 1959 act deleted reference to trial justice.

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-175. Surrender of person against whom criminal prosecution pending in this state. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, in his discretion, may either surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.

      (1957, P.A. 362, S. 19.)

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-176. Governor not to inquire into guilt or innocence of accused. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided has been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.

      (1957, P.A. 362, S. 20.)

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-177. Recall or new issuance of Governor's warrant. The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

      (1957, P.A. 362, S. 21.)

      Res judicata discussed. 182 C. 470. Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-178. Governor seeking extradition to issue warrant to agent to receive accused. Whenever the Governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the Chief Justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant, under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.

      (1957, P.A. 362, S. 22.)

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-179. Application by state's attorney, Board of Pardons and Paroles or Correction Commissioner for return of accused. (a) When the return to this state of a person charged with crime in this state is required, the state's attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances 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 state's 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 has escaped from confinement or broken the terms of his bail, probation or parole, the state's attorney of the county in which the offense was committed, the Board of Pardons and Paroles, or the Commissioner of Correction, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated 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, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The state's attorney, Board of Pardons and Paroles or Commissioner of Correction may also attach such further affidavits and other documents in duplicate as he deems 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 Secretary of the State, to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.

      (1957, P.A. 362, S. 23; 1961, P.A. 517, S. 52; 1967, P.A. 656, S. 64, 64a; June Sp. Sess. P.A. 98-1, S. 76, 121; P.A. 04-234, S. 2.)

      History: 1961 act amended subsection (c) by deleting obsolete reference to trial justice; 1967 act, effective July 1, 1968, amended subsections (b) and (c) to substitute correction commissioner for warden or sheriff; June Sp. Sess. P.A. 98-1 made technical changes in Subsecs. (b) and (c), effective June 24, 1998; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      Cited. 186 C. 404. Cited. 190 C. 631.

      Cited. 34 CS 219.

      Subsec. (c):

      Cited. 196 C. 557.


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      Sec. 54-180. Immunity of accused to process in civil action arising from same facts. A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned, until he has been convicted in the criminal proceeding or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.

      (1957, P.A. 362, S. 24.)

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-181. Waiver by accused. Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 54-163 and 54-164 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court having criminal jurisdiction within this state a writing which states that he consents to return to the demanding state; provided, before such waiver is executed or subscribed by such person, such judge shall inform such person of his rights to the issuance or service of a warrant of extradition and to obtain a writ of habeas corpus as provided in section 54-166. If and when such consent has been executed, it shall forthwith be forwarded to the office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.

      (1957, P.A. 362, S. 25; 1961, P.A. 517, S. 53.)

      History: 1961 act deleted obsolete references to trial justices.

      Cited. 186 C. 404. Cited. 190 C. 631. Cited. 196 C. 309.

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      Sec. 54-182. State's rights not waived. Nothing contained in this chapter shall be deemed to constitute a waiver by the state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction.

      (1957, P.A. 362, S. 26.)

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-183. Trial for crimes other than those specified in extradition requisition. After a person has been brought back to this state by, or after waiver of, extradition proceedings, he may be tried in this state for other crimes which he is charged with having committed here as well as that specified in the requisition for his extradition.

      (1957, P.A. 362, S. 27.)

      Cited. 186 C. 404. Cited. 190 C. 631.

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      Sec. 54-184. Interpretation of chapter. The provisions of this chapter shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact it.

      (1957, P.A. 362, S. 28.)

      Cited. 186 C. 404. Cited. 190 C. 631.

      Cited. 36 CS 327.


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      Sec. 54-185. Short title: Uniform Criminal Extradition Act. This chapter may be cited as the "Uniform Criminal Extradition Act".

      (1957, P.A. 362, S. 30.)

      Cited. 186 C. 404. Cited. 190 C. 631.

      Since this chapter is a uniform law, precedents from other states are particularly valuable in construing it. 34 CS 78.


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