(a) Return of accused.--When the return to this Commonwealth of a person charged with crime in this Commonwealth is required the prosecuting attorney shall present to the Governor his 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 him, the approximate time, place and circumstances of its commission, the state in which he 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 said prosecuting attorney the ends of justice require the arrest and return of the accused to this Commonwealth for trial, and that the proceeding is not instituted to enforce a private claim.
(b) Return of convict.--When the return to this Commonwealth is required of a person who has been convicted of a crime in this Commonwealth and has escaped from confinement or broken the terms of his 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 he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
(c) Procedure.--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 issuing authority 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 he 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 Department of State to remain of record in that office. The other copies of all papers shall be forwarded with the requisition of the Governor.
Cross References. Section 9144 is referred to in section 9126 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 91 - Detainers and Extradition
Section 9101 - Agreement on detainers
Section 9102 - Appropriate court
Section 9103 - Enforcement and cooperation
Section 9104 - Second and subsequent offenses
Section 9106 - Duty of warden or other official
Section 9107 - Administrator and information agent
Section 9108 - Transmission of subchapter
Section 9121 - Short title of subchapter
Section 9123 - Duty of Governor with respect to fugitives from justice
Section 9125 - Governor may investigate case
Section 9127 - Extradition of persons not present in demanding state at time of commission of crime
Section 9128 - Issue by Governor of warrant of arrest
Section 9129 - Manner and place of execution
Section 9130 - Authority of arresting officer
Section 9131 - Rights of accused person
Section 9132 - Penalty for noncompliance
Section 9133 - Confinement in jail
Section 9134 - Arrest prior to requisition
Section 9135 - Arrest without a warrant
Section 9136 - Commitment to await requisition
Section 9138 - Extension of time of commitment
Section 9139 - Forfeiture of bail
Section 9140 - Persons under criminal prosecution in this Commonwealth at time of requisition
Section 9141 - Inquiry into guilt or innocence of accused
Section 9142 - Governor may recall warrant or issue another
Section 9143 - Duty of Governor in case of fugitives from this Commonwealth
Section 9144 - Issuance of requisition
Section 9144.1 - Payment of expenses, costs and fees
Section 9145 - Immunity from service of process in certain civil actions
Section 9146 - Written waiver of extradition proceedings
Section 9146.1 - Presigned waiver of extradition
Section 9147 - Nonwaiver by Commonwealth
Section 9148 - Liability to further criminal prosecutions
Section 9161 - Arrest prior to requisition
Section 9162 - Arrest without a warrant
Section 9163 - Commitment to await requisition