| (1) |
A law enforcement agency that is holding a person subject to extradition based on having allegedly violated the terms of the person’s probation, parole, bail, or other terms of release in the demanding state shall immediately release the person to the authorized agent of the demanding state. A governor’s warrant is not required in order to return the person if:
Terms Used In Utah Code 77-30-26.5- 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.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Person: means :Utah Code 68-3-12.5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
the person has previously signed a waiver of extradition as a term of the person’s probation, parole, bail, or other terms of release in the demanding state; |
| (b) |
the law enforcement agency holding the person has received:
| (i) |
an authenticated copy of the prior waiver of extradition signed by the person; and |
| (ii) |
a photograph and fingerprints identifying the person as the person who signed the waiver. |
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| (2) |
Utah may, prior to releasing a person to the authorized agent of the demanding state, prosecute the person for any criminal offense committed in Utah. |
| (3) |
This section does not affect or limit:
| (a) |
the right of the person sought by the demanding state to return to the demanding state voluntarily and without governmental action; |
| (b) |
the authority of the law enforcement or parole officers of Utah or the demanding state; or |
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Enacted by Chapter 156, 2007 General Session
