13-3869. Extradition of persons to and from
Indian jurisdiction


A. If this state seeks the extradition of an Indian from within the jurisdiction of
an Indian tribe in this state, this state shall comply with any applicable requirements
of tribal extradition law.


B. An Indian tribe that permits extradition by this state of Indians from a tribal
jurisdiction may request the extradition of Indians from state jurisdiction pursuant to
this section.


C. An Indian tribe shall direct a demand for extradition to the county attorney of
the county in which the person demanded is thought to be located, or if the location of
the person is unknown, to the attorney general.


D. A written demand for extradition by an Indian tribe shall be recognized if the
demand is accompanied by both:


1. A copy of a warrant issued for the person.


2. A criminal complaint or sworn statement made before a tribal judge substantially
charging the person demanded with the commission of a crime under tribal law, with escape
from confinement or with a violation of probation or parole.


E. The provisions of this article relating to extradition from a state that are not
inconsistent with this section apply to extradition by an Indian tribe under this
section. The public officer who receives the written demand under this section shall
perform the functions of the governor under this article.