Uniform Criminal Extradition Act
Utah · 77 · §§ 77-30-1 to 77-30-9 · 30 sections
Overview
The act governs interstate extradition — the arrest, custody, and surrender of people charged with or convicted of crimes in one state and found in another. It sets out how a governor responds to a demand from another state, investigating the request and issuing a warrant of arrest for delivery of the accused to the demanding state's agent, and how a governor makes the same demand for fugitives from the governor's own state, including the verified application and supporting documents a prosecuting attorney must supply. It also covers arrest before a requisition arrives, commitment and bail while one is awaited, the rights of an accused person before delivery and the ability to test the legality of the arrest by habeas corpus, written waiver of proceedings and voluntary return, passage of prisoners through the state, immunity from civil process, and the limited scope of the hearing, which turns on whether the person held is the one charged rather than on guilt.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 6 court decisions.
Most-cited authority: 2003 UT 52 - Hutchings v. State
Sections covered
- Utah Code § 77-30-1Definitions3 cites
- Utah Code § 77-30-10Time to apply for habeas corpus allowed
- Utah Code § 77-30-11Penalty for disobedience of habeas corpus
- Utah Code § 77-30-12Officers entitled to use local jails
- Utah Code § 77-30-13Fugitives from justice -- Warrant of arrest
- Utah Code § 77-30-14Arrest without warrant
- Utah Code § 77-30-15Commitment pending arrest under warrant of governor
- Utah Code § 77-30-16Amount of bail
- Utah Code § 77-30-17Procedure when no arrest made under warrant of governor
- Utah Code § 77-30-18Forfeiture of bail
- Utah Code § 77-30-19Procedure if prosecution pending in this state
- Utah Code § 77-30-2Duty of governor to deliver person charged with crime upon demand by other state1 cite
- Utah Code § 77-30-20Governor not to inquire into guilt or innocence
- Utah Code § 77-30-21Governor's warrant of arrest recalled or another issued
- Utah Code § 77-30-22Fugitives from this state -- Issuance of governor's warrant
- Utah Code § 77-30-23Fugitives from this state -- Applications for requisition for return
- Utah Code § 77-30-24Payment of expenses -- Extradition costs
- Utah Code § 77-30-25Individual brought into state on extradition exempt from civil process -- Waiver of extradition proceedings -- Nonwaiver by this state
- Utah Code § 77-30-2.5Assistance from Department of Criminal Justice
- Utah Code § 77-30-26Prosecution not limited to crime specified in requisition
- Utah Code § 77-30-26.5Person who has violated parole or probation agreement with demanding state
- Utah Code § 77-30-27Uniformity of interpretation1 cite
- Utah Code § 77-30-28Citation -- Uniform Criminal Extradition Act
- Utah Code § 77-30-3Form of demand -- What documents presented must show
- Utah Code § 77-30-4Governor may investigate demand
- Utah Code § 77-30-5Extradition for prosecution before conclusion of trial or term in other state -- Return of person involuntarily leaving demanding state
- Utah Code § 77-30-6Extradition for crime committed in another state by person while in this state1 cite
- Utah Code § 77-30-7Governor's warrant of arrest -- Recitals
- Utah Code § 77-30-8Execution of warrant of arrest
- Utah Code § 77-30-9Authority of officers under warrant of arrest
Enacted in other states
Alaska, Arkansas, California, Colorado, Connecticut, Iowa, Idaho, Illinois, Indiana, Maine, North Carolina, New Mexico, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Virginia, Washington, West Virginia
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