19-4503. FORM OF DEMAND. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing, alleging, except in cases arising under section 19-4506, Idaho Code, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state. Such demand must be accompanied by a copy of an indictment or by information supported by affidavit of probable cause, judicial finding of probable cause, or plea of guilty, as reflected in any document from the court in the demanding state, or by affidavit made before a judge or magistrate, together with a copy of any warrant which was issued thereupon, or by a copy of a judgment of conviction or sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has fled the state after being charged with a crime, escaped from confinement, or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the judge or magistrate must substantially charge the person demanded with having committed a crime under the law of that state, and the copy of the indictment, information, affidavit, or judgment of conviction or sentence must be authenticated by the executive authority making the demand.
History:
[(19-4503) 1927, ch. 29, sec. 3, p. 31; I.C.A., sec. 19-4603; am. 2008, ch. 136, sec. 3, p. 386.]
Structure Idaho Code
Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE
Section 19-4501 - DEFINITIONS.
Section 19-4502 - FUGITIVES FROM JUSTICE — DUTY OF GOVERNOR.
Section 19-4503 - FORM OF DEMAND.
Section 19-4504 - GOVERNOR MAY INVESTIGATE CASE.
Section 19-4507 - ISSUE OF GOVERNOR’S WARRANT OF ARREST — RECITALS.
Section 19-4508 - MANNER AND PLACE OF EXECUTION — FACSIMILE AND ELECTRONIC SERVICE.
Section 19-4509 - AUTHORITY OF ARRESTING OFFICER.
Section 19-4510 - RIGHTS OF ACCUSED PERSON — APPLICATION FOR WRIT OF HABEAS CORPUS.
Section 19-4511 - PENALTY FOR NONCOMPLIANCE WITH SECTION 19-4510, IDAHO CODE.
Section 19-4512 - CONFINEMENT IN JAIL WHEN NECESSARY.
Section 19-4513 - ARREST PRIOR TO REQUISITION.
Section 19-4514 - ARREST WITHOUT A WARRANT.
Section 19-4515 - COMMITMENT TO AWAIT REQUISITION — BAIL.
Section 19-4516 - BAIL — IN WHAT CASES — CONDITIONS OF BOND.
Section 19-4517 - EXTENSION OF TIME OF COMMITMENT.
Section 19-4518 - FORFEITURE OF BAIL.
Section 19-4519 - PERSONS UNDER CRIMINAL PROSECUTION IN THIS STATE AT TIME OF REQUISITION.
Section 19-4520 - GUILT OR INNOCENCE OF ACCUSED — WHEN INQUIRED INTO.
Section 19-4521 - GOVERNOR MAY RECALL WARRANT OR ISSUE ALIAS.
Section 19-4522 - FUGITIVES FROM THIS STATE — DUTY OF GOVERNOR.
Section 19-4523 - APPLICATION FOR ISSUANCE OF REQUISITION — BY WHOM MADE — CONTENTS.
Section 19-4524 - IMMUNITY FROM SERVICE OF PROCESS IN CERTAIN CIVIL ACTIONS.
Section 19-4526 - INTERPRETATION.
Section 19-4528 - COSTS AND EXPENSES.
Section 19-4530 - WRITTEN WAIVER OF EXTRADITION PROCEEDINGS.