Section 20. (a) The governor may upon demand deliver to the executive of any other state any person who has escaped from an institution for the mentally ill to which he has been committed under the laws of such state, and who may be dangerous to the safety of the public, or may upon application appoint an agent to demand of the executive authority of any other state any person who has escaped from an institution in this commonwealth. Such demand or application shall be accompanied by an attested copy of the commitment and sworn evidence of the superintendent or manager of the institution stating that the person demanded has escaped from such institution, and by such further evidence as the governor requires.
(b) If the governor is satisfied that the demand made upon him under the preceding paragraph conforms to law and ought to be complied with, he shall issue his warrant under the seal of the commonwealth to an officer authorized to serve warrants in criminal cases, directing him at the expense of the agent who makes the demand, and at a time designated in the warrant, to deliver custody of such person to such agent.
(c) A person arrested upon such a warrant shall not be delivered to the agent of another state until he has been notified of the demand for his surrender and has had an opportunity to apply for a writ of habeas corpus, if he claims such right of the officer making the arrest. If said writ is applied for, notice thereof and of the time and place of hearing shall be given to the attorney general or to the district attorney for the district where the arrest is made. An officer who delivers such person in his custody upon such warrant to such agent for rendition without having complied with this section shall forfeit not more than one thousand dollars. Pending the determination of the court upon an application for said writ, the person shall be detained in custody in a suitable facility.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 3 - Transfers; Notice; Emergencies
Section 4 - Periodic Review; Notice
Section 5 - Commitment or Retention Hearings; Right to Counsel; Medical Examination; Notice
Section 6 - Retention of Persons; Validity of Orders; Hearing
Section 7 - Commitment and Retention of Dangerous Persons; Petition; Notice; Hearing
Section 8 - Proceedings to Commit Dangerous Persons; Notice; Hearing; Orders; Jurisdiction
Section 9 - Review of Matters of Law; Application for Discharge; Notice; Hearing
Section 10 - Voluntary Admissions; Consultation With Attorney; Discharge; Outpatients; Veterans
Section 11 - Voluntary Admissions; Withdrawal; Notice; Examination; Retention
Section 14 - Transfers From Bridgewater State Hospital to Other Facilities
Section 18a - Facility Residents; Contribution Towards Cost of Counsel
Section 19 - Parties or Witnesses; Determination of Mental Condition
Section 20 - Extradition of Mental Institution Escapees
Section 21 - Transportation of Mentally Ill Persons; Restraint
Section 23a - Competent Interpreter Services in Hospitals Which Provide Acute Psychiatric Services
Section 24 - Legal Capacity of Persons Admitted or Committed
Section 25 - Guardian or Conservator; Appointment
Section 27 - Administration of Estate of Deceased Inpatient or Resident
Section 28 - Violent or Unnatural Death of Patients; Notice to District Attorney
Section 29 - Instruction and Education; Work Programs; Sale of Work Products
Section 30 - Unauthorized Absence of Patients; Notification of Police, Et al.; Return
Section 31 - Medicine and Drugs; Indigent Patients
Section 32 - Charges for Care of Persons in Facilities
Section 34 - Commitment or Transfer to Veterans Administration or Other Federal Agency
Section 35 - Commitment of Alcoholics or Substance Abusers
Section 36 - Patient Records; Inspection; Maintenance and Retention
Section 36a - Court Records of Examination or Commitment; Privacy
Section 36b - Duty to Warn Patient's Potential Victims; Cause of Action