Interstate extradition is often called rendition. Rendition acts help to reduce the need to rely on bondsmen to return a bail violator.
The Uniform Criminal Extradition Act and Article III of the Uniform Extradition and Rendition Act detail the procedure for all situations envisaged in the constitution’s extradition clause. But sometimes, it is a state law that lays down a procedure relating to summary proceedings in extradition. Likewise the Uniform Rendition of Accused Persons Act and the Uniform Extradition and Rendition Act provide for special procedures relating to rendition.
According to the Uniform Extradition and Rendition Act, an application for rendition must be filed with an office that is constituted for the purpose by an asylum state’s governor. The application must be filed by a prosecuting officer. In case of a fugitive who has escaped or violated the terms of release, an application can be made by any person authorized to issue an arrest warrant.
An application can be filed under Article IV of the Uniform Extradition and Rendition Act in relation to the following persons:
- person who is charged with or convicted of a crime in the demanding state and has escaped to asylum state violating bail bond terms;
- person who has escaped from the demanding state’s confinement;
- person who has violated the demanding state’s probation and parole terms;
- who has violated an order arising out of a criminal proceeding in a demanding state; and
- who is charged with felonies.
An application must contain the following particulars:
- that in a demanding state, a fugitive is charged with a crime punishable with death or imprisonment for a term exceeding one year;
- that a fugitive charged with or convicted of a crime has escaped from confinement;
- that a fugitive has violated bail bond terms, probation and parole terms;
- that a fugitive has violated an order passed in a demanding state’s criminal proceeding.
An application for rendition must be supported by a certified copy of an arrest warrant. It must also contain any one of the following:
- a statement that an arrest warrant was issued on proof of a crime. Such a statement should also contain the provisions under which a fugitive is punished;
- an indictment’s certified copy upon which an arrest warrant is issued;
- a statement that a warrant was issued on proof of bail bond terms violation;
- a statement that an arrest was issued on proof of probation terms violation;
- a statement that there is violation of a demanding state’s judicial order; or
- a certified copy of conviction judgment or sentencing order accompanied by a statement that a fugitive has escaped from confinement or violated parole terms.
The office with which an application is filed will forward the application to a proper prosecuting official. Upon verifying the application, a prosecuting official will apply for an arrest warrant. A governor can terminate the rendition proceedings before an order transferring a fugitive is passed.
The Uniform Rendition of Accused Persons Act deals with persons who violate conditions of a release prior to final judgment. Accordingly, an agent who is appointed by a court to release a fugitive must file with a judicial officer the following:
- an affidavit stating fugitive’s name, whereabouts, crime charged upon a fugitive, time and place where the offense is committed, and the status of proceedings;
- a certified copy of the order along with documents specifying terms and conditions of release; and
- a certified copy of the order designating an officer as its agent.
According to the Uniform Rendition of Accused Persons Act and the Uniform Extradition and Rendition Act, a fugitive against whom an arrest warrant is issued by an asylum state must be produced before a judge. Thereafter a judge will advise a fugitive about his/her rights. A fugitive who is informed about his/her right can waive the hearing and can consent to return to the demanding state. If a judge finds at the hearing that the conditions for rendition are met, then the judge will make an order for a fugitive’s return. However if a fugitive consents to return to a demanding state, then a judge can release the fugitive pending hearing.