The Governor may, in his discretion, surrender, upon demand of the executive authority of another state, any person found in this state, notwithstanding the fact that a criminal prosecution or charges under the laws of this state are pending against the person, that the person has already been convicted in this state and is serving a sentence in any jail or penal institution of this state or of any county or municipality thereof, or that the person is serving a suspended or probationary sentence. The Governor may condition the release of the prisoner to the demanding state upon such terms as he may stipulate, including the condition that the prisoner be returned to this state immediately after trial and before commencing the service of sentence, if any, in the demanding state. In no case shall surrender of the prisoner be construed as a complete relinquishment of jurisdiction by this state, but the prisoner shall forthwith be returned to the custody of this state at the expense of the demanding state immediately after trial in the demanding state or the completion of sentence therein, as the case may be, except where the sentence of death has been executed in the demanding state.
History. Ga. L. 1951, p. 726, § 19; Ga. L. 1955, p. 587, § 2.
Structure Georgia Code
Chapter 13 - Criminal Extradition
Article 2 - Uniform Criminal Extradition Act
§ 17-13-23. Form of Demand for Extradition of Person Charged With Crime in Another State
§ 17-13-25. Extradition of Persons Not Present in Demanding State at Time of Commission of Crime
§ 17-13-26. Investigation of Case Upon Receipt of Demand for Extradition
§ 17-13-27. Issue of Governor’s Warrant of Arrest; Recitals
§ 17-13-28. Manner and Place of Execution of Warrant
§ 17-13-29. Authority of Arresting Officers; Penalties for Refusal to Assist Arresting Officers
§ 17-13-30. Rights of Accused Person; Application for Writ of Habeas Corpus; Hearing; Penalty
§ 17-13-31. Duty of District Attorney to Answer and Defend Habeas Corpus Action
§ 17-13-32. Confinement in Jail of Person Being Extradited to Another State When Necessary
§ 17-13-34. Arrest Without Warrant of a Person Charged With a Crime in Another State
§ 17-13-37. Procedure Where Accused Not Arrested Within Time Specified in Warrant
§ 17-13-38. Forfeiture of Bail Bond
§ 17-13-40. Conduct of Inquiry as to Guilt or Innocence of Accused
§ 17-13-41. Recall of Warrant of Arrest or Issuance of Another Warrant by Governor
§ 17-13-43. Application for Issuance of Demand
§ 17-13-44. Payment of Expenses
§ 17-13-47. Effect of Article as to Right, Power, or Privilege of State to Try Demanded Person
§ 17-13-48. Trial of Person Brought Into State for Other Criminal Prosecutions While in State