(a) No demand for extradition of a tribal fugitive shall be recognized unless a written request is received by the district attorney.

Terms Used In Alabama Code 45-27-84.02

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) The written request shall contain all of the following:

(1) A sworn statement stating that the accused tribal fugitive was alleged to be present on the reservation at the time of the commission of the alleged crime and that the accused tribal fugitive is no longer on the reservation.
(2) A copy of an arrest warrant issued for the accused tribal fugitive.
(3) A copy of the conviction or sentence imposed, if applicable.
(4) A sworn statement that the accused tribal fugitive has broken the terms of bail, probation, or parole, or has been charged with committing a specific offense under the laws of the tribe.
(5) Any waiver of extradition validly executed as a bond condition or as a term or condition of parole or probation, if applicable.
(6) Any identifying information that may assist law enforcement and the district court judge in a determination of whether the accused tribal fugitive is the person who is sought to be extradited by the tribe.
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