78B-14-802 - Conditions of rendition. - Utah Statutes

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78B-14-802. Conditions of rendition.
(1) Before making demand that the governor of another state surrender an individualcharged criminally in this state with having failed to provide for the support of an obligee, thegovernor of this state may require a prosecutor of this state to demonstrate that at least 60 dayspreviously the obligee had initiated proceedings for support pursuant to this chapter or that theproceeding would be of no avail.
(2) If, under this chapter or a law substantially similar to this chapter, the governor ofanother state makes a demand that the governor of this state surrender an individual chargedcriminally in that state with having failed to provide for the support of a child or other individualto whom a duty of support is owed, the governor may require a prosecutor to investigate thedemand and report whether a proceeding for support has been initiated or would be effective. Ifit appears that a proceeding would be effective but has not been initiated, the governor may delayhonoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition isdemanded prevails, the governor may decline to honor the demand. If the petitioner prevails andthe individual whose rendition is demanded is subject to a support order, the governor maydecline to honor the demand if the individual is complying with the support order.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-14 > 78b-14-802

78B-14-802. Conditions of rendition.
(1) Before making demand that the governor of another state surrender an individualcharged criminally in this state with having failed to provide for the support of an obligee, thegovernor of this state may require a prosecutor of this state to demonstrate that at least 60 dayspreviously the obligee had initiated proceedings for support pursuant to this chapter or that theproceeding would be of no avail.
(2) If, under this chapter or a law substantially similar to this chapter, the governor ofanother state makes a demand that the governor of this state surrender an individual chargedcriminally in that state with having failed to provide for the support of a child or other individualto whom a duty of support is owed, the governor may require a prosecutor to investigate thedemand and report whether a proceeding for support has been initiated or would be effective. Ifit appears that a proceeding would be effective but has not been initiated, the governor may delayhonoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition isdemanded prevails, the governor may decline to honor the demand. If the petitioner prevails andthe individual whose rendition is demanded is subject to a support order, the governor maydecline to honor the demand if the individual is complying with the support order.

Renumbered and Amended by Chapter 3, 2008 General Session

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-14 > 78b-14-802

78B-14-802. Conditions of rendition.
(1) Before making demand that the governor of another state surrender an individualcharged criminally in this state with having failed to provide for the support of an obligee, thegovernor of this state may require a prosecutor of this state to demonstrate that at least 60 dayspreviously the obligee had initiated proceedings for support pursuant to this chapter or that theproceeding would be of no avail.
(2) If, under this chapter or a law substantially similar to this chapter, the governor ofanother state makes a demand that the governor of this state surrender an individual chargedcriminally in that state with having failed to provide for the support of a child or other individualto whom a duty of support is owed, the governor may require a prosecutor to investigate thedemand and report whether a proceeding for support has been initiated or would be effective. Ifit appears that a proceeding would be effective but has not been initiated, the governor may delayhonoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition isdemanded prevails, the governor may decline to honor the demand. If the petitioner prevails andthe individual whose rendition is demanded is subject to a support order, the governor maydecline to honor the demand if the individual is complying with the support order.

Renumbered and Amended by Chapter 3, 2008 General Session