Uniform Criminal Extradition Act
Washington · Criminal Procedure · §§ 10.88.200 to 10.88.920 · 31 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 58 court decisions.
Most-cited authority: 12 Wash. App. 872 - Hystad v. Rhay
Sections covered
- RCW 10.88.200Definitions.2 cites
- RCW 10.88.210Authority of governor.6 cites
- RCW 10.88.220Demand for extradition—Requirements.8 cites
- RCW 10.88.230Investigation of demand—Report.
- RCW 10.88.240Return or surrender of person charged in another state.
- RCW 10.88.250Surrender of person charged with crime committed in state other than demanding state.3 cites
- RCW 10.88.260Warrant of arrest.3 cites
- RCW 10.88.270Authority of officer or other person under warrant.
- RCW 10.88.280Authority to command assistance.
- RCW 10.88.290Rights of person arrested.10 cites
- RCW 10.88.300Delivery of person in violation of RCW 10.88.290—Penalty.
- RCW 10.88.310Confinement of prisoner.
- RCW 10.88.320Charge or complaint—Warrant of arrest.10 cites
- RCW 10.88.330Arrest without warrant.6 cites
- RCW 10.88.340Preliminary examination—Commitment.1 cite
- RCW 10.88.350Bail.
- RCW 10.88.360Failure to make timely arrest or demand for extradition.3 cites
- RCW 10.88.370Failure to appear—Bond forfeiture—Arrest—Recovery on bond.
- RCW 10.88.380Pending criminal prosecution in this state.2 cites
- RCW 10.88.390Recall or reissuance of warrant.2 cites
- RCW 10.88.400Demand by governor of this state for extradition—Warrant—Agent.
- RCW 10.88.410Application for requisition for return of person—Contents—Affidavits—Copies.1 cite
- RCW 10.88.415Delivery without governor's warrant.
- RCW 10.88.420Civil process—Service on extradited person.
- RCW 10.88.430Waiver of extradition.1 cite
- RCW 10.88.440Rights, powers, privileges or jurisdiction of state not waived.
- RCW 10.88.450Trial for other crimes.
- RCW 10.88.460Extradition or surrender of obligor—Uniform interstate family support act.
- RCW 10.88.900Construction—1971 ex.s. c 46.
- RCW 10.88.910Short title.
- RCW 10.88.920Effective date—1971 ex.s. c 46.
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, Utah, Virginia, West Virginia
All Washington named statutes →
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