CHAPTER 3. UNIFORM ACT FOR THE EXTRADITION OF PERSONS OF UNSOUND MIND
IC 12-28-3
Chapter 3. Uniform Act for the Extradition of Persons of UnsoundMind
IC 12-28-3-1
Flight and fled defined
Sec. 1. As used in this chapter, "flight" and "fled" mean:
(1) any voluntary or involuntary departure from the jurisdictionof the court where the proceedings mentioned in this chaptermay have been instituted and are still pending, with the effectof avoiding, impeding, or delaying the action of the court inwhich the proceedings may have been instituted or may bepending; or
(2) any departure from the state where the individual demandedthen was under the detention by law as an individual of unsoundmind and subject to detention.
As added by P.L.2-1992, SEC.22.
IC 12-28-3-2
Repealed
(Repealed by P.L.1-1993, SEC.154.)
IC 12-28-3-3
Executive authority, governor, and chief magistrate defined
Sec. 3. As used in this chapter and as applied to a request to returnany individual within the purview of this chapter to or from theDistrict of Columbia, "executive authority", "governor", and "chiefmagistrate" respectively, includes a justice of the Supreme Court ofthe District of Columbia and other authority.
As added by P.L.2-1992, SEC.22.
IC 12-28-3-4
Conditions requiring delivery of fugitive
Sec. 4. An individual alleged to be of unsound mind found inIndiana, who has fled from another state in which at the time of theindividual's flight the individual:
(1) was under detention by law in a hospital, asylum, or otherinstitution for the insane as an individual of unsound mind;
(2) had been determined by legal proceedings to be of unsoundmind, the finding being unreversed and in full force and effect,and the control of the individual having been acquired by acourt of competent jurisdiction of the state from which theindividual fled; or
(3) was subject to detention in the other state, being then theindividual's legal domicile (personal service of process havingbeen made) based on legal proceedings there pending to havethe individual declared of unsound mind;
shall, on demand of the executive authority of the state from whichthe individual fled, be delivered up to be removed to that state.
As added by P.L.2-1992, SEC.22.
IC 12-28-3-5
Procedure on documented demand for fugitive; delivery to agentof demanding state; discharge for delay; costs and expenses;authority to transmit fugitive to other state; authority to demandreturn to this state
Sec. 5. (a) Whenever the executive authority of any state demandsof the executive authority of Indiana any fugitive described in section4 of this chapter and produces a copy of commitment, decree, orother judicial process and proceedings, certified as authentic by thegovernor or chief magistrate of that state, with an affidavit madebefore a proper officer showing the individual to be a fugitive, theexecutive authority of Indiana shall cause the individual to beapprehended and secured (if found in Indiana) and to causeimmediate notice of the apprehension to be given to the executiveauthority making the demand (or to the agent of that authorityappointed to receive the fugitive) and to cause the fugitive to bedelivered to the agent when the fugitive appears.
(b) If no agent appears within thirty (30) days from the time of theapprehension, the fugitive may be discharged.
(c) All costs and expenses incurred in the apprehending, securing,maintaining, and transmitting the fugitive to the state making thedemand shall be paid by that state.
(d) Any agent so appointed who receives the fugitive into theagent's custody is empowered to transmit the fugitive to the statefrom which the fugitive has fled.
(e) The executive authority of Indiana is vested with the power,on the application of any person interested, to demand the return toIndiana of any fugitive described within the scope of this chapter.
As added by P.L.2-1992, SEC.22.
IC 12-28-3-6
Statute of limitations
Sec. 6. Any proceedings under this chapter must begin within one(1) year after the flight referred to in this chapter.
As added by P.L.2-1992, SEC.22.