Public-domain · open source
OpenJurist

N.Y. Correct. Law § 105

Acts not reviewable in receiving state; extradition

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2022). View current text →

§ 105. Acts not reviewable in receiving state; extradition. (a) Any\ndecision of the sending state in respect to any matter over which it\nretains jurisdiction pursuant to this compact shall be conclusive upon\nand not reviewable within the receiving state, but if at the time the\nsending state seeks to remove an inmate from an institution in the\nreceiving state there is pending against the inmate within such state\nany criminal charge or if the inmate is formally accused of having\ncommitted within such state a criminal offense, the inmate shall not be\nreturned without the consent of the receiving state until discharged\nfrom prosecution or other form of proceeding, imprisonment or detention\nfor such offense. The duly accredited officers of the sending state\nshall be permitted to transport inmates pursuant to this compact through\nany and all states party to this compact without interference.\n (b) Any inmate who escapes from an institution in which he is confined\npursuant to this compact shall be deemed a fugitive from the sending\nstate and from the state in which the institution is situated. In the\ncase of any escape to a jurisdiction other than the sending or receiving\nstate, the responsibility for institution of extradition or rendition\nproceedings shall be that of the sending state, but nothing contained\nherein shall be construed to prevent or affect the activities of\nofficers and agencies of any jurisdiction directed toward the\napprehension and return of the escapee.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.