2005 Idaho Code - 19-4523 — MANNER OF APPLYING FOR REQUISITION

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 45
                        PROCEEDINGS AGAINST FUGITIVES
                                 FROM JUSTICE
    19-4523.  MANNER OF APPLYING FOR REQUISITION. (a) When the return to this
state of a person charged with crime in this state is required, the
prosecuting attorney of the county in which the offense is committed 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, and the approximate
time, place and circumstances of its committal, 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 said
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 has escaped from confinement or broken
the terms of his bail, probation or parole, or who has an unsatisfied term of
imprisonment or other supervision remaining pursuant to his conviction of a
crime and who is absent from this state for any reason, the prosecuting
attorney of the county in which the offense was committed, the commission of
pardons and parole, the director of the department of correction or his
designee, or the head of any facility or institution operated by the
department of correction, 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, 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, or other circumstances of his absence from this state, 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 (2) certified copies of the
indictment returned, or information and affidavit filed, or of the complaint
made to the magistrate, stating the offense with which the accused is charged,
or of the judgment of conviction or of the sentence. The prosecuting officer,
commission of pardons and parole, director of the department of correction,
correctional facility head, 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 (1) copy of the application with the action of the
governor indicated by indorsement thereon, and one (1) of the certified copies
of the indictment or complaint or information, or judgment of conviction and
sentence, and affidavit, shall be filed in the office of the secretary of
state to remain of record in that office. The other copies of all papers shall
be forwarded with the governor's requisition.