<?xml version='1.0' encoding='utf-8'?>
<section article="gcp" article_name="Criminal Procedure" number="9-123" title_number="9" title_name="Extradition" subtitle_number="1">
  <level label="a">
    <level label="1">
      <text>When the return to this State of a person charged with a crime in this State is required, the State’s Attorney shall present to the Governor a written application for a requisition for the return of the person charged.</text>
    </level>
    <level label="2">
      <text>The application shall state:</text>
      <level label="i">
        <text>the name of the person charged;</text>
      </level>
      <level label="ii">
        <text>the crime charged against the person;</text>
      </level>
      <level label="iii">
        <text>the approximate time, place, and circumstances of its commission; and</text>
      </level>
      <level label="iv">
        <text>the state in which the person is believed to be, including the location of the accused therein, when the application is made.</text>
      </level>
    </level>
    <level label="3">
      <text>The application shall certify that in the opinion of the State’s Attorney, the ends of justice require the arrest and return of the accused to this State for trial, and the proceeding is not instituted to enforce a private claim.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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 bail, probation, or parole, the State’s Attorney of the county in which the crime was committed, the parole commission, or the managing official of the correctional facility 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 the person.</text>
    </level>
    <level label="2">
      <text>The application shall state:</text>
      <level label="i">
        <text>the name of the person;</text>
      </level>
      <level label="ii">
        <text>the crime of which the person was convicted;</text>
      </level>
      <level label="iii">
        <text>the circumstances of the escape from confinement or of the breach of the terms of bail, probation, or parole; and</text>
      </level>
      <level label="iv">
        <text>the state in which the person is believed to be, including the location of the person therein when application is made.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The application shall be verified by affidavit, be executed in duplicate, and be accompanied by two certified copies of:</text>
      <level label="i">
        <text>the indictment returned;</text>
      </level>
      <level label="ii">
        <text>the information and affidavit filed;</text>
      </level>
      <level label="iii">
        <text>the complaint made to the judge or District Court commissioner, stating the crime with which the accused is charged;</text>
      </level>
      <level label="iv">
        <text>the citation, stating the incarcerable crime with which the accused is charged; or</text>
      </level>
      <level label="v">
        <text>the judgment of conviction or the sentence.</text>
      </level>
    </level>
    <level label="2">
      <text>The applicant may also attach further affidavits and other documents in duplicate.</text>
    </level>
    <level label="3">
      <text>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, affidavits, citation, judgment of conviction, or sentence shall be filed in the office of the Secretary of State, to remain of record in that office.</text>
    </level>
    <level label="4">
      <text>The other copies of all papers shall be forwarded with the Governor’s requisition.</text>
    </level>
  </level>
</section>
