WEST VIRGINIA CODE











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WVC 5-1-10

§5-1-10. Return of fugitive from this state.

(a) Whenever the governor of this state shall demand a person

charged with crime or with escaping from confinement, or breaking

the terms of his bail, probation, or parole in this state, from the

executive authority of any other state, or from the chief justice

or an associate justice of the supreme court of the District of

Columbia authorized to receive such demand under the laws of the

United States, he shall issue a warrant under the great seal of

this state affixed thereon by the secretary of state, to some

agent, commanding him to receive the person so charged if delivered

to him and to convey him to the proper officer of the county in

this state in which the offense was committed.

(b) When the return to this state of a person charged with

crime in this state is required, the prosecuting attorney shall

present to the governor his written application for a requisition

for the return of the person charged, in which application shall be

stated the name of the person so charged, the crime charged against

him, the approximate time, place and circumstances of its

commission, the state in which he is believed to be, including the

location of the accused therein, at the time the application is

made, and certifying that, in the opinion of the said prosecuting

attorney, the ends of justice require the arrest and return of the

accused to this state for trial and that the proceeding is not

instituted to enforce a private claim.

When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from

confinement or broken the terms of his bail, probation or parole,

the prosecuting attorney of the county in which the offense was

committed, the parole board, or the warden of the institution or

sheriff of the county, from which escape was made, shall present to

the governor a written application for a requisition for the return

of such person, in which application shall be stated the name of

the person, the crime of which he was convicted, the circumstances

of his escape from confinement or of the breach of the terms of his

bail, probation or parole, the state in which he is believed to be,

including the location of the person therein at the time

application is made.

The application shall be verified by affidavit, shall be

executed in duplicate and shall be accompanied by two certified

copies of the indictment returned, or information and affidavit

filed, or of the complaint made to the judge or justice, stating

the offense with which the accused is charged, or the judgment of

conviction or of the sentence. The prosecuting attorney, parole

board, warden or sheriff may also attach such further affidavits

and other documents in duplicate as he shall deem proper to be

submitted with such application. One copy of the application, with

the action of the governor indicated by endorsement thereon, and

one of the certified copies of the indictment, complaint,

information, and affidavits, or of the judgment of conviction or of

the sentence shall be filed in the office of the secretary of state, to remain of record in that office. The other copies of all

papers shall be forwarded with the governor's requisition.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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