2014 Kentucky Revised Statutes CHAPTER 440 - ESCAPES, FUGITIVES FROM JUSTICE, AND EXTRADITION 440.370 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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