§832-23  Application for issuance of
requisition; by whom made; contents.  When the return to this State of a
person charged with crime in this State is required, the prosecuting attorney
shall present to the governor his written application for a requisition for the
return of the person charged, in which application shall be stated the name of
the person so charged, the crime charged against him, the approximate time,
place, and circumstances of its commission, the state in which he is believed
to be, including the location of the accused therein at the time the
application is made and certifying that, in the opinion of the prosecuting
attorney the ends of justice require the arrest and return of the accused to
this State for trial and that the proceeding is not instituted to enforce a
private claim.



When the return to this State is required of a
person who has been convicted of a crime in this State and has escaped from
confinement or broken the terms of his bail, probation, or parole, the
prosecuting attorney of the county in which the offense was committed, the
Hawaii paroling authority, the director of public safety, the sheriff, or chief
of police of the county, from which escape was made, shall present to the
governor a written application for a requisition for the return of the person,
in which application shall be stated the name of the person, the crime of which
he was convicted, the circumstances of his escape from confinement or of the
breach of the terms of his bail, probation, or parole, the state in which he is
believed to be, including the location of the person therein at the time
application is made.



The application shall be verified by affidavit,
shall be executed in duplicate, and shall be accompanied by two certified
copies of the indictment returned, or information and affidavit filed, or of
the complaint made to the judge, stating the offense with which the accused is
charged, or of the judgment of conviction or of the sentence.  The prosecuting
officer, paroling authority, director of public safety, sheriff, or chief of
police may also attach such further affidavits and other documents in duplicate
as he shall deem proper to be submitted with the application.  One copy of the
application, with the action of the governor indicated by endorsement thereon,
and one of the certified copies of the indictment, complaint, information, and
affidavits, or of the judgment of conviction or of the sentence shall be filed
in the office of the lieutenant governor to remain of record in that office.  The
other copies of all papers shall be forwarded with the governor's requisition.
[L 1941, c 99, §23; RL 1945, §10653; RL 1955, §250-23; am L Sp 1959 2d, c 1,
§§9, 20; am L 1963, c 34, §1; HRS §713-23; am L 1970, c 188, §39; ren L 1972, c
9, pt of §1; am L 1976, c 92, §8; am L 1987, c 338, §10; am L 1989, c 211, §§8,
10; am L 1990, c 281, §11]



 



Cross References



 



  Sheriff, etc., see §26-14.6.