820.23 Application for extradition.
1. 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 the prosecuting attorney’s 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 the person, the approximate time, place and circumstances of its commission, the state in which the person 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.
2. 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 the person’s bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, 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, in which application shall be stated the name of the person, the crime of which the person was convicted, the circumstances of the person’s escape from confinement or of the breach of the terms of the person’s bail, probation, or parole, and the state in which the person is believed to be, including the location of the person therein at the time application is made.
3. The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned, or 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 the prosecuting officer, parole board, warden, or sheriff 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.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.23; C79, 81, §820.23]
2017 Acts, ch 54, §71; 2019 Acts, ch 24, §94
Referred to in §820.5
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT
Section 820.2 - Arrest of fugitives.
Section 820.3 - Demand in writing.
Section 820.4 - Investigation by attorney general.
Section 820.5 - Persons imprisoned in another state.
Section 820.6 - Criminal acts committed in third state.
Section 820.7 - Warrant for arrest.
Section 820.8 - Authority of warrant.
Section 820.9 - Authority of peace officer.
Section 820.10 - Testing legality of arrest.
Section 820.11 - Penalty for willful disobedience.
Section 820.12 - Confinement in jail.
Section 820.13 - Arrest on affidavit.
Section 820.14 - Arrest without warrant.
Section 820.15 - Holding to await requisition.
Section 820.16 - Bail — exceptions.
Section 820.17 - Discharge or recommitment.
Section 820.18 - Forfeiture of bond.
Section 820.19 - Criminal prosecution pending.
Section 820.20 - Guilt or innocence of person held.
Section 820.21 - Warrant recalled.
Section 820.22 - Receiving person extradited.
Section 820.23 - Application for extradition.
Section 820.24 - Expenses — how paid.
Section 820.25 - Waiver by person arrested.
Section 820.26 - State’s rights not deemed waived.
Section 820.27 - Trial for other crimes.