22-2723.Application for issuance of requisition; by whom made;contents. (a) When the return to this state of a person charged with crime inthisstate is required, the prosecuting attorney shall present to the governor suchattorney's written application for a requisition for the return of the personcharged, in which application shall be stated the name of the person socharged, the crime charged against the person, the approximate time, place andcircumstances of its commission and the state in which the person is believedto be, including the location of the accused therein, at the time theapplication is made. Such application shall certify that, in the opinionof the prosecuting attorney the ends of justice require the arrest andreturn of the accused to this state for trial and that the proceeding isnot instituted to enforce a private claim.
(b) When the return to this state is required of a person whohas beenconvicted of a crime in this state and has escaped from confinement orbroken the terms of such person's bail, probation,assignment to a community correctional services program, postreleasesupervision or parole or is under sentence,some portion of which remains unexecuted, from which suchperson has not beenparoled, placed on postrelease supervision discharged or otherwisereleased, the prosecuting attorney of thecounty in which the offense was committed,thesecretary of corrections, the director of the institution fromwhich escape was made or the sheriff ofthe county from which escape was made shall present to the governor a writtenapplication for a requisition for the return of such person, in whichapplication shall be stated the name of the person, the crime of which theperson was convicted, the circumstances of the person's escape from confinementor other removal from the custody of this state or of the breach of the termsof such person's bail, probation, assignment to acommunity correctional services program, postrelease supervision or paroleand the state in which the person isbelieved to be, including the location of the person therein, at the timeapplication is made.
(c) The application shall be verified by affidavit, shall beexecuted intriplicate and shall be accompanied by three certified copies of theindictment returned, or of information and affidavit filed, or of thecomplaint made to the judge or magistrate, stating the offense with whichthe accused is charged, or of the judgment of conviction or of thesentence.
The applicant may also attach such further affidavits and other documents intriplicate as the applicant considers properto be submitted with suchapplication. One copy of the application, with the action of the governorindicated by endorsement thereon, and one of the certified copies of theindictment, complaint, information, and affidavits, or of the judgmentof conviction or of the sentence shall be filed in the office of thegovernor's pardon attorney to remain of record in that office. Theother copies of all papers shall be forwarded with the governor'srequisition.
History: L. 1970, ch. 129, § 22-2723; L. 1976, ch. 166, § 1;L. 1986, ch. 123, § 20;L. 1992, ch. 239, § 255; July 1, 1993.
22-2723.Application for issuance of requisition; by whom made;contents. (a) When the return to this state of a person charged with crime inthisstate is required, the prosecuting attorney shall present to the governor suchattorney's written application for a requisition for the return of the personcharged, in which application shall be stated the name of the person socharged, the crime charged against the person, the approximate time, place andcircumstances of its commission and the state in which the person is believedto be, including the location of the accused therein, at the time theapplication is made. Such application shall certify that, in the opinionof the prosecuting attorney the ends of justice require the arrest andreturn of the accused to this state for trial and that the proceeding isnot instituted to enforce a private claim.
(b) When the return to this state is required of a person whohas beenconvicted of a crime in this state and has escaped from confinement orbroken the terms of such person's bail, probation,assignment to a community correctional services program, postreleasesupervision or parole or is under sentence,some portion of which remains unexecuted, from which suchperson has not beenparoled, placed on postrelease supervision discharged or otherwisereleased, the prosecuting attorney of thecounty in which the offense was committed,thesecretary of corrections, the director of the institution fromwhich escape was made or the sheriff ofthe county from which escape was made shall present to the governor a writtenapplication for a requisition for the return of such person, in whichapplication shall be stated the name of the person, the crime of which theperson was convicted, the circumstances of the person's escape from confinementor other removal from the custody of this state or of the breach of the termsof such person's bail, probation, assignment to acommunity correctional services program, postrelease supervision or paroleand the state in which the person isbelieved to be, including the location of the person therein, at the timeapplication is made.
(c) The application shall be verified by affidavit, shall beexecuted intriplicate and shall be accompanied by three certified copies of theindictment returned, or of information and affidavit filed, or of thecomplaint made to the judge or magistrate, stating the offense with whichthe accused is charged, or of the judgment of conviction or of thesentence.
The applicant may also attach such further affidavits and other documents intriplicate as the applicant considers properto be submitted with suchapplication. One copy of the application, with the action of the governorindicated by endorsement thereon, and one of the certified copies of theindictment, complaint, information, and affidavits, or of the judgmentof conviction or of the sentence shall be filed in the office of thegovernor's pardon attorney to remain of record in that office. Theother copies of all papers shall be forwarded with the governor'srequisition.
History: L. 1970, ch. 129, § 22-2723; L. 1976, ch. 166, § 1;L. 1986, ch. 123, § 20;L. 1992, ch. 239, § 255; July 1, 1993.
22-2723.Application for issuance of requisition; by whom made;contents. (a) When the return to this state of a person charged with crime inthisstate is required, the prosecuting attorney shall present to the governor suchattorney's written application for a requisition for the return of the personcharged, in which application shall be stated the name of the person socharged, the crime charged against the person, the approximate time, place andcircumstances of its commission and the state in which the person is believedto be, including the location of the accused therein, at the time theapplication is made. Such application shall certify that, in the opinionof the prosecuting attorney the ends of justice require the arrest andreturn of the accused to this state for trial and that the proceeding isnot instituted to enforce a private claim.
(b) When the return to this state is required of a person whohas beenconvicted of a crime in this state and has escaped from confinement orbroken the terms of such person's bail, probation,assignment to a community correctional services program, postreleasesupervision or parole or is under sentence,some portion of which remains unexecuted, from which suchperson has not beenparoled, placed on postrelease supervision discharged or otherwisereleased, the prosecuting attorney of thecounty in which the offense was committed,thesecretary of corrections, the director of the institution fromwhich escape was made or the sheriff ofthe county from which escape was made shall present to the governor a writtenapplication for a requisition for the return of such person, in whichapplication shall be stated the name of the person, the crime of which theperson was convicted, the circumstances of the person's escape from confinementor other removal from the custody of this state or of the breach of the termsof such person's bail, probation, assignment to acommunity correctional services program, postrelease supervision or paroleand the state in which the person isbelieved to be, including the location of the person therein, at the timeapplication is made.
(c) The application shall be verified by affidavit, shall beexecuted intriplicate and shall be accompanied by three certified copies of theindictment returned, or of information and affidavit filed, or of thecomplaint made to the judge or magistrate, stating the offense with whichthe accused is charged, or of the judgment of conviction or of thesentence.
The applicant may also attach such further affidavits and other documents intriplicate as the applicant considers properto be submitted with suchapplication. One copy of the application, with the action of the governorindicated by endorsement thereon, and one of the certified copies of theindictment, complaint, information, and affidavits, or of the judgmentof conviction or of the sentence shall be filed in the office of thegovernor's pardon attorney to remain of record in that office. Theother copies of all papers shall be forwarded with the governor'srequisition.
History: L. 1970, ch. 129, § 22-2723; L. 1976, ch. 166, § 1;L. 1986, ch. 123, § 20;L. 1992, ch. 239, § 255; July 1, 1993.
