[§576B-802]  Conditions of rendition.
 (a)  Before making a demand that the governor of another state surrender
an individual charged criminally in this State with having failed to provide
for the support of an obligee, the governor of this State may require a
prosecutor of this State to demonstrate that at least sixty days previously the
obligee had initiated proceedings for support pursuant to this chapter or that
the proceeding would be of no avail.



(b)  If, under this chapter or a law
substantially similar to this chapter, the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the
governor of another state makes a demand that the governor of this State
surrender an individual charged criminally in that state with having failed to
provide for the support of a child or other individual to whom a duty of
support is owed, the governor may require a prosecutor to investigate the
demand and report whether a proceeding for support has been initiated or would
be effective.  If it appears that a proceeding would be effective but has not
been initiated, the governor may delay honoring the demand for a reasonable
time to permit the initiation of a proceeding.



(c)  If a proceeding for support has been
initiated and the individual whose rendition is demanded prevails, the governor
may decline to honor the demand.  If the petitioner prevails and the individual
whose rendition is demanded is subject to a support order, the governor may
decline to honor the demand if the individual is complying with the support
order. [L 1997, c 295, pt of §1]