WEST VIRGINIA CODE
§5-1-7. Extradition of persons charged with crime in another state
or imprisoned or awaiting trial in another state.
(a) Where appearing in this article, the term "governor"
includes any person performing the functions of governor by
authority of the law of this state. The term "executive authority"
includes the governor, and any person performing the functions of
governor in a state other than this state. The term "state,"
referring to a state other than this state, includes any other
state or territory, organized or unorganized, of the United States
(b) Subject to the provisions of this article, the provisions
of the constitution of the United States controlling, and any and
all acts of Congress enacted in pursuance thereof, it is the duty
of the governor of this state to have arrested and delivered up to
the executive authority of any other state of the United States any
person charged in that state with treason, felony, or other crime,
who has fled from justice and is found in this state: Provided,
That the demand or application of the executive authority of such
other state is accompanied by an affidavit or sworn evidence that
the demand or application is made in good faith for the punishment
of crime, and not for the purpose of collecting a debt or pecuniary
mulct, or of removing the alleged fugitive to a foreign
jurisdiction with a view to serve him there with civil process.
(c) No demand for the extradition of a person charged with
crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under subdivision (g)
of this section, that the accused was present in the demanding
state at the time of the commission of the alleged crime, and that
thereafter he fled from the state, and accompanied by a copy of an
indictment found, or by information supported by affidavit, in the
state having jurisdiction of the crime, or by a copy of an
affidavit made before a magistrate or justice there, together with
a copy of any warrant which was issued thereupon; or by a copy of
a judgment of conviction or a sentence imposed in execution
thereof, together with a statement by the executive authority of
the demanding state that the person claimed has escaped from
confinement or has broken the terms of his bail, probation or
parole. The indictment, information, or affidavit made before the
magistrate or justice must substantially charge the person demanded
with having committed a crime under the law of that state; and the
copy of indictment, information, affidavit, judgment of conviction
or sentence must be authenticated by the executive authority making
(d) When a demand shall be made upon the governor of this
state by the executive authority of another state for the surrender
of a person so charged with crime, the governor may call upon the
attorney general, any prosecuting officer, or the department of
public safety, in this state to investigate or assist in
investigating the demand, and to report to him the situation and
circumstances of the person so demanded, and whether he ought to be surrendered.
(e) When it is desired to have returned to this state a person
charged in this state with crime, and such person is imprisoned or
is held under criminal proceedings then pending against him in
another state, the governor of this state may agree with the
executive authority of such other state for the extradition of such
person before the conclusion of such proceedings or his term of
sentence in such other state, upon condition that such person be
returned to such other state at the expense of this state as soon
as the prosecution in this state is terminated.
(f) The governor of this state may also surrender on demand of
the executive authority of any other state any person in this state
who is charged in the manner provided in subdivision (b) of section
ten of this article, with having violated the laws of the state
whose executive authority is making the demand, even though such
person left the demanding state voluntarily (involuntarily).
(g) The governor of this state may also surrender, on demand
of the executive authority of any other state, any person in this
state charged in such other state in the manner provided in
subdivision (c) of this section, with committing an act in this
state, or in a third state, intentionally resulting in a crime in
the state whose executive authority is making the demand, and the
provisions of this article not otherwise inconsistent, shall apply
to such cases, even though the accused was not in that state at the
time of the commission of the crime, and has not fled therefrom.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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