(a) (1) 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.
(2) The application shall state:
(i) the name of the person charged;
(ii) the crime charged against the person;
(iii) the approximate time, place, and circumstances of its commission; and
(iv) the state in which the person is believed to be, including the location of the accused therein, when the application is made.
(3) 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.
(b) (1) 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.
(2) The application shall state:
(i) the name of the person;
(ii) the crime of which the person was convicted;
(iii) the circumstances of the escape from confinement or of the breach of the terms of bail, probation, or parole; and
(iv) the state in which the person is believed to be, including the location of the person therein when application is made.
(c) (1) The application shall be verified by affidavit, be executed in duplicate, and be accompanied by two certified copies of:
(i) the indictment returned;
(ii) the information and affidavit filed;
(iii) the complaint made to the judge or District Court commissioner, stating the crime with which the accused is charged;
(iv) the citation, stating the incarcerable crime with which the accused is charged; or
(v) the judgment of conviction or the sentence.
(2) The applicant may also attach further affidavits and other documents in duplicate.
(3) 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.
(4) The other copies of all papers shall be forwarded with the Governor’s requisition.
Structure Maryland Statutes
Section 9-102 - Fugitives From Justice; Duty of Governor
Section 9-103 - Form of Demand
Section 9-104 - Governor May Call for Investigation
Section 9-106 - Extradition of Persons Not Present in Demanding State at Time of Commission of Crime
Section 9-107 - Governor's Warrant of Arrest
Section 9-108 - Manner and Place of Execution
Section 9-109 - Authority of Arresting Officer
Section 9-110 - Rights of Accused Person; Application for Writ of Habeas Corpus
Section 9-111 - Noncompliance With Delivery Procedures
Section 9-112 - Confinement in Correctional Facility When Necessary
Section 9-113 - Arrest Before Requisition
Section 9-114 - Arrest Without Warrant
Section 9-115 - Commitment to Await Requisition; Bail
Section 9-117 - Discharge, Recommitment, or Renewal of Bail
Section 9-118 - Forfeiture of Bail
Section 9-119 - Persons Under Criminal Prosecution in This State at Time of Requisition
Section 9-120 - Inquiry Into Guilt or Innocence of Accused Prohibited
Section 9-121 - Governor May Recall Warrant
Section 9-122 - Fugitives From This State; Duty of Governor
Section 9-123 - Application for Issuance of Requisition; by Whom Made; Contents
Section 9-124 - Waiver of Extradition Proceedings
Section 9-125 - No Waiver by This State
Section 9-126 - No Right of Asylum or Immunity From Other Criminal Prosecutions While in This State