§ 4963. Manner of applying for requisition
(a) When the return to this State of a person charged with a crime in this State is required, the State’s Attorney of the county in which the offense is committed, or the Attorney General shall present to the Governor his or her written application for a requisition for the return of the person so charged, in which application shall be stated the name of the person so charged, the crime charged against him or her, and the approximate time, place and circumstances of its commission, the state in which he or she 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 State’s Attorney or the Attorney General 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.
(b) 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 his or her bail, probation, or parole, the Attorney General or the State’s Attorney of the county in which the offense was committed, the State probation officer 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 or she was convicted, the circumstances of his or her escape from confinement or of the breach of the terms of his or her bail, probation or parole, the state in which he or she is believed to be, including the location of the person therein at the time application is made.
(c) 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, stating the offense with which the accused is charged or of the judgment of conviction or of the sentence. The State’s Attorney, the Attorney General, the State probation officer, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he or she 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 or complaint or information and affidavit, 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.
Structure Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 159 - Extradition and Fresh Pursuit
§ 4903. Transporting prisoner through State
§ 4905. By officers of New York state
§ 4906. By officers of New Hampshire
§ 4907. Service of criminal process returnable in Massachusetts
§ 4908. Powers of officers from another state
§ 4909. Impeding officers of other states
§ 4910. Receiving person from officer of another state
§ 4946. Extradition of person not in demanding state at time crime committed
§ 4947. Governor to issue warrant
§ 4948. Manner and place of executing warrant
§ 4949. Authority of arresting officer
§ 4950. Rights of accused person; application for writ of habeas corpus
§ 4951. Penalty for noncompliance
§ 4952. Confinement in jail when necessary
§ 4953. Arrest prior to requisition
§ 4954. Arrest without a warrant
§ 4955. Commitment to await extradition; bail
§ 4957. Extending time of commitment
§ 4959. Persons under prosecution in this State at time of requisition
§ 4960. Guilt or innocence of accused not in issue
§ 4961. Governor may recall or reissue warrant
§ 4962. Fugitives from this State; duty of governors
§ 4963. Manner of applying for requisition
§ 4964. Immunity from civil process
§ 4965. No immunity from other criminal prosecutions
§ 4967. Written waiver of extradition proceedings
§ 4968. Nonwaiver by this State
§ 4969. Uniform interpretation
§ 5042. Powers of law enforcement officers
§ 5043. Hearing, commitment, discharge