Delaware Code Title 11 Sec. 2512 – Confinement in jail
(a) The officer or persons executing the Governor‘s warrant of arrest, or the agent of the demanding state to whom the prisoner has been delivered, may, when necessary, confine the prisoner in the jail of any county, town or city through which the officer passes; and the keeper of such jail shall receive and safely keep the prisoner until the officer or person having charge of the prisoner is ready to proceed on the officer’s route, such officer or person being chargeable with the expense of keeping.
Terms Used In Delaware Code Title 11 Sec. 2512
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive authority: includes the governor and any person performing the functions of governor in a state other than this State. See Delaware Code Title 11 Sec. 2501
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Governor: includes any person performing the functions of Governor by authority of the law of this State. See Delaware Code Title 11 Sec. 2501
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) The officer or agent of a demanding state to whom a prisoner has been delivered following extradition proceedings in another state, or to whom a prisoner has been delivered after waiving extradition in such other state, and who is passing through this State with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county, town or city through which the officer passes; and the keeper of such jail shall receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the officer’s route, such officer or agent, however, being chargeable with the expense of keeping. Such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that the officer is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this State.
41 Del. Laws, c. 213, § ?12; 11 Del. C. 1953, § ?2512; 70 Del. Laws, c. 186, § ?1;