17-13-43
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17-13-43.
(a)
When the return to this state of a person charged with crime in this state is
required, the prosecuting attorney shall present to the Governor his written
application, in which application shall be stated the name of the person so
charged, the crime charged against him, the approximate time, place, and
circumstance 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 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 who has escaped from confinement or broken the terms
of his bail, probation, or parole, the prosecuting attorney of the county in
which the offense was committed, the State Board of Pardons and Paroles, or the
warden of the institution 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. The application shall state 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, executed in duplicate, and
accompanied by two certified copies of the indictment returned, information and
affidavit filed, or of the complaint made to the judge or magistrate, stating
the offense with which the accused is charged, or of the judgment of conviction
or of the sentence. The prosecuting officer, parole board, warden, 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 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 Governor, to remain of record in that office. The other
copies of all papers shall be forwarded with the Governor´s requisition.