2016 Kentucky Revised Statutes CHAPTER 440 - ESCAPES, FUGITIVES FROM JUSTICE, AND EXTRADITION .370 Application for return of person charged with crime -- Person convicted -- Requisites and procedures.
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440.370 Application for return of person charged with crime -- Person convicted -Requisites and procedures.
(1)
(2)
(3)
When the return to this state of a person charged with crime in this state is required,
the Commonwealth's attorney or county 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 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.
When the return to this state is required of a person who has been convicted of a
crime in this state and escaped from confinement or broken the terms of his bail,
probation or parole, the Commonwealth's attorney or county attorney of the county
in which the offense was committed, the chairman of the parole board, or the
warden of the institution or county attorney 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, the state
in which he is believed to be, including the location of the person therein at the time
application is made.
The application shall be verified by affidavit, shall be executed in triplicate and
shall be accompanied by three (3) certified copies of the indictment returned, or
affidavit made before a judge and warrant of arrest issued thereon, stating the
offense with which the accused is charged, or of the judgment of conviction or of
the sentence. The Commonwealth's attorney or county attorney, chairman of the
parole board or warden shall also attach such further affidavits and other documents
in triplicate as he or the Attorney General may deem proper to be submitted with
such application. When the application is made pursuant to subsection (1) of this
section, the prosecuting attorney shall, unless the case is of the type mentioned in
KRS 440.210, submit to the Governor proof in the form of an affidavit that the
accused was personally present in this state at the time of commission of the crime
charged. One (1) copy of the application, with the action of the Governor indicated
by endorsement thereon, and one (1) of the certified copies of the indictment,
affidavit and warrant, or of the judgment of conviction or of the sentence 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.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 455, effective January
2, 1978. -- Created 1960 Ky. Acts ch. 135, sec. 24, effective June 16, 1960.
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