13-3859. Persons under criminal prosecution in
this state at time of requisition


A. If a criminal prosecution has been instituted against such person under the laws
of this state and is still pending the governor either may surrender the person on demand
of the executive authority of another state or may hold the person until the person has
been tried and discharged or convicted and punished in this state.


B. This article does not constitute a waiver by this state of its right, power or
privilege to try a demanded person for a crime that was committed in this state or to
regain custody of a demanded person by extradition proceedings or otherwise for the
purposes of trial, sentencing or punishment for any crime that was committed in this
state. A proceeding under this article that results or fails to result in extradition is
not a waiver by this state of its right, power or privilege.