Wisconsin Statutes 976.07 – Agreements on extradition; Indian tribes
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Terms Used In Wisconsin Statutes 976.07
- 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.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) The attorney general may negotiate an agreement with any Indian tribe within the borders of this state exercising powers of self-government within the Indian country as defined in 18 U.S. Code § 1151 to which this state has retroceded jurisdiction under 25 U.S. Code § 1323, relating to the extradition of witnesses, fugitives and evidence found within the respective jurisdictions of this state and the tribe.
(2) An agreement negotiated under sub. (1) shall provide that a court of the sending jurisdiction, before issuing an order for the extradition of any person, shall:
(a) Notify the person named in the extradition warrant of the right to a hearing and to legal counsel.
(b) Hold a hearing to determine:
1. That the person named in the warrant is the person charged with the crime or is the witness demanded.
2. That there is probable cause to believe that the person named in a criminal extradition warrant was present in the demanding jurisdiction at the time of the alleged crime or that the person committed an act in any place with intent to commit a crime in the demanding jurisdiction.
(c) If the person contests the legality of his or her arrest, allow a reasonable time within which the person may commence an action for habeas corpus.
(3) The attorney general shall submit agreements negotiated under sub. (1) to the governor for approval. The governor shall have 30 days in which to review the agreement. If the governor takes no action within 30 days, the agreement becomes effective.
(4) The attorney general shall provide technical assistance and material support necessary to implement any agreement under this section.
(5) An agreement under this section may be revoked by the governor, after consulting with the attorney general, or by the tribal chairperson upon 6 months’ written notice to the other party unless a different period of time is specified in the agreement.
(6) This section does not:
(a) Enlarge the criminal or civil jurisdiction of either the state or a tribal government under federal law.
(b) Permit an Indian tribe to enter into agreements other than those authorized by its organizational documents and laws.
(c) Permit this state or any of its political subdivisions to enter into agreements prohibited by the state constitution.