407.5802 Condition of rendition.
(1)
(2)
(3)
Before making demand that the governor of another state surrender an individual
charged criminally in this state with having failed to provide for the support of an
obligee, the governor of this state may require a prosecutor of this state to
demonstrate that at least sixty (60) days previously the obligee had initiated
proceedings for support pursuant to KRS 407.5101 to 407.5902 or that the
proceedings would be of no avail.
If, under KRS 407.5101 to 407.5902, or a law substantially similar to KRS
407.5101 to 407.5902, the Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of Support Act, the governor of another
state makes a demand that the governor of this state surrender an individual charged
criminally in that state with having failed to provide for the support of a child or
other individual to whom a duty of support is owed, the governor may require a
prosecutor to investigate the demand and report whether a proceeding for support
has been initiated or would be effective. If it appears that a proceeding would be
effective but has not been initiated, the governor may delay honoring the demand
for a reasonable time to permit the initiation of a proceeding.
If a proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to honor the demand. If the petitioner
prevails and the individual whose rendition is demanded is subject to a support
order, the governor may decline to honor the demand if the individual is complying
with the support order.
Effective: March 23, 1998
History: Contingent effective date repealed 1998 Ky. Acts ch. 101, sec. 20, effective
March 23, 1998. -- Created 1996 Ky. Acts ch. 365, sec. 60, effective upon
contingency.
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