DRAFT CSC, Title 12.  Crimes and Punishment
 
CHAPTER 40
Criminal Extradition

9401.  Definitions.
9402.  Fugitives from justice; duty of the Governor High Commissioner.
9403.  Form of demand.
9404.  Official investigation of demand for extradition.
9405.  Extradition of person imprisoned or awaiting trial in a state.
9406.  Extradition of persons who have left demanding state involuntarily.
9407.  Extradition of persons not present in demanding state at time of commission of crime.
9408.  Governor High Commissioner's warrant of arrest; issuance; recitals.
9409.  Same; manner and place of execution.
9410.  Same; assistance to arresting officer.
9411.  Same; rights of accused persons; application for writ of habeas corpus.
9412.  Same; penalty for noncompliance.
9413.  Same; confinement in jail authorized when necessary.
9414.  Arrest prior to requisition; by warrant.
9415.  Same; without a warrant.
9416.  Same; commitment to await requisition.
9417.  Bail; when allowed; conditions of bond.
9418.  Same; discharge, recommitment or renewal.
9419.  Same; forfeiture.
9420.  Persons under criminal prosecution in the State of Chuuk Trust Territory at time of  requisition.
9421.  Inquiry into guilt or innocence of accused.
9422.  Governor High Commissioner may recall warrant or issue additional warrant.
9423.  Fugitives from the State of Chuuk Trust Territory; issuance of warrant to receive and  convey.
9424.  Same; applications for requisition; return of person charged with crime.
9425.  Same; same; escaped convict.
9426.  Same; same; form of applications; copies, etc.
9427.  Same; costs and expenses.
9428.  Immunity from service of process in certain civil actions.
9429.  Waiver of extradition proceedings.
9430.  Procedures of Chapter not deemed waiver of State of Chuuk Trust Territory's rights.
9431.  Immunity from other criminal prosecutions while in the State of Chuuk Trust Territory.

      9401.  Definitions.
     Where appearing in this Chapter:

     (1)  Governor High Commissioner.  The term "Governor High Commissioner" includes any person performing the functions of the Governor High Commissioner by authority of the law of the State of Chuuk Trust Territory;

     (2)  Executive authority.  The term "executive authority" includes the governor, and any person performing the functions of governor in any state, territory or possession of the United States of America;

     (3)  State.  The term "state" refers to any state of the United States of America, its territories and possessions, organized or unorganized, including the District of Columbia, Virgin Islands, Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, and Guam.

          Source:  (Code 1970, tit. 12, 451.) 12 TTC 10 451, modified.

      9402.  Fugitives from justice; duty of the GovernorHigh Commissioner.
     Subject to the provisions of this Chapter the Governor High Commissioner shall have arrested and delivered up to the executive authority of any state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in the State of Chuuk Trust Territory.

          Source:  (Code 1970, tit. 12, 452.) 12 TTC 10 452, modified.

      9403.  Form of demand.

     (1)  No demand for the extradition of a person charged with or convicted of crime in a state shall be recognized by the Governor High Commissioner unless in writing alleging, except in cases arising under Section 9407 457 of this Chapter, 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 such state.  Such demand shall be accompanied by:

     (a)  A copy of an indictment found;

     (b)  A copy of an information supported by an affidavit filed in the state having jurisdiction of the crime;

     (c)  A copy of an affidavit made before a magistrate in such state together with a copy of any warrant which was issued thereon; or

     (d)  A copy of a judgment of conviction or of 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.

     (2)  The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.

          Source:  (Code 1970, tit. 12, 453.) 12 TTC 10 453, modified.

      9404.  Official investigation of demand for extradition.
     When a demand shall be made upon the Governor High Commissioner by the executive authority of a state for the surrender of a person charged with or convicted of a crime, the Governor High Commissioner may call upon the Attorney General or any prosecuting officer in the State of Chuuk Trust Territory 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.

          Source:  (Code 1970, tit. 12, 454.) 12 TTC 10 454, modified.

      9405.  Extradition of person imprisoned or awaiting trial in a state.
     When it is desired to have returned to the State of Chuuk Trust Territory a person charged in the State of Chuuk Trust Territory with a crime and such person is imprisoned or is held under criminal proceedings then pending against him in a state, the Governor High Commissioner may agree with the executive authority of such state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such state, upon condition that such person be returned to such state at the expense of the State of Chuuk Trust Territory as soon as the prosecution in the State of Chuuk Trust Territory is terminated.

          Source:  (Code 1970, tit. 12, 455.) 12 TTC 10 455, modified.

      9406.  Extradition of persons who have left demanding state involuntarily.
     The Governor High Commissioner may also surrender on demand of the executive authority of any state any person in the State of Chuuk Trust Territory who is charged, in the manner provided in Section 9424 474, with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.

          Source:  (Code 1970, tit. 12, 456.) 12 TTC 10 456, modified.

      9407.  Extradition of persons not present in demanding state at time of commission of crime.
     The Governor High Commissioner may also surrender, on demand of the executive authority of any state, any person in the State of Chuuk Trust Territory charged in such state, in the manner provided in Section 9403 453 of this Chapter, with committing an act in the State of Chuuk Trust Territory, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand.  The provisions of this Chapter 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.

          Source:  (Code 1970, tit. 12, 457.) 12 TTC 10 457, modified.

      9408.  GovernorHigh Commissioner's warrant of arrest; issuance; recitals.
     If the Governor High Commissioner decides that a demand for extradition of a person charged with, or convicted of, a crime in a state should be complied with, he shall sign a warrant of arrest, which shall be sealed with the State of Chuuk Trust Territory seal, and be directed to the Attorney General, superintendent of public safety, chief of police, or other person whom he may think fit to be entrusted with the execution thereof.  The warrant must substantially recite the facts necessary to the validity of its issuance.

          Source:  (Code 1970, tit. 12, 458.) 12 TTC 10 458, modified.

      9409.  Same; manner and place of execution.
     Such warrant shall authorize the officer or other person to whom it is directed to arrest the accused at any time and at any place where he may be found within the State of Chuuk Trust Territory, and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this Chapter, to the duly authorized agent of the demanding state.

          Source:  (Code 1970, tit.12, 459.) 12 TTC 10 459, modified.

      9410.  Same; assistance to arresting officer.
     Every officer or other person empowered to make the arrest, as provided in Section 9409 459 of this Chapter, shall have the same authority in arresting the accused to command assistance therein as the Attorney General, superintendent of public safety, the chief of police and other officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

          Source:  (Code 1970, tit. 12, 460.) 12 TTC 10 460, modified.

      9411.  Same; rights of accused persons; application for writ of habeas corpus.
     No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a justice of the Chuuk State Supreme judge of the High Court of the Trust Territory, who shall inform him of the demand made for his surrender and of the crime with which he is charged and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus.  When such writ is applied for, notice thereof and of the time and place of hearing thereon shall be given to the Attorney General of the State of Chuuk Trust Territory and to the agent of the demanding state.

          Source:  (Code 1970, tit. 12, 461.) 12 TTC 10 461, modified.

      9412.  Same; penalty for noncompliance.
     Any officer who shall deliver a person in his custody under the Governor's High Commissioner's warrant to the agent for extradition of the demanding state in disobedience of Section 9411 461 of this Chapter shall be guilty of a misdemeanor, and on conviction thereof shall be fined not more than one thousand dollars, or be imprisoned not more than six months, or both.

          Source:  (Code 1970, tit. 12, 462.) 12 TTC 10 462, modified.

      9413.  Same; confinement in jail authorized when necessary.
     The officer or person executing the Governor's High Commissioner's warrant of arrest, or the agent of the demanding state to whom the prisoner is to be delivered may, when necessary, confine the prisoner in any jail of the government of the State of Chuuk Trust Territory and the warden of such jail shall receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping the prisoner.

          Source:  (Code 1970, tit. 12, 463.) 12 TTC 10 463, modified.

      9414.  Arrest prior to requisition; by warrant.
     A justice or magistrate shall issue a warrant directed to the Attorney General, superintendent of public safety or chief of police commanding him to apprehend the person named therein wherever he may be found in the State of Chuuk Trust Territory and to bring him before the Chuuk State Supreme Court high court to answer the charge or complaint and affidavit.  A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant whenever:

     (1)  Any person within the State of Chuuk Trust Territory shall be charged on the oath of any credible person before any judge or magistrate of the State of Chuuk Trust Territory with the commission of a crime in any state, and, except in cases arising under Section 9407 457 of this Chapter, with having fled from justice, with having been convicted of a crime in that state and with having escaped from confinement, or with having broken the terms of his bail, probation, or parole; or

     (2)  Complaint shall have been made before the Chuuk State Supreme Court high court setting forth on the affidavit of any credible person in a state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under Section 9407 457 of this Chapter, has fled from justice, or that the accused has been convicted of a crime in that state and has escaped from confinement, or has broken the terms of his bail, probation or parole, and that the accused is believed to be in the State of Chuuk Trust Territory.

          Source:  (Code 1970, tit. 12, 464.) 12 TTC 10 464, modified.

      9415.  Same; without a warrant.
     The arrest of a person may also be lawfully made by any policeman or private citizen without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term of exceeding one year.  When so arrested the accused must be taken before the Chuuk State Supreme Court high court with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding Section and thereafter his answer shall be heard as if he had been arrested on a warrant.

          Source:  (Code 1970, tit. 12, 465.) 12 TTC 10 465, modified.

      9416.  Same; commitment to await requisition.
     If from the examination before the Chuuk State Supreme Court high court it appears that the person held pursuant to either of the two preceding Sections is the person charged with having committed the crime alleged and, except in cases arising under Section 9407 457 of this Chapter, that he has fled from justice, the Chuuk State Supreme Court high court shall, by a warrant reciting the accusation, commit him to jail for such a time not exceeding 45 forty-five days specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor High Commissioner on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused shall give bail as provided in Section 9417 467 of this Chapter, or until he shall be legally discharged.

          Source:  (Code 1970, tit. 12, 466.) 12 TTC 10 466, modified.

      9417.  Bail; when allowed; conditions of bond.
     Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the Chuuk State Supreme Court high court may admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as the court deems proper, conditioned upon his appearance before it at a time specified in such bond or undertaking, and upon his surrender for arrest upon the warrant of the Governor High Commissioner.

          Source:  (Code 1970, tit. 12, 467.) 12 TTC 10 467, modified.

      9418.  Same; discharge, recommitment or renewal.
     If the accused is not arrested under warrant of the Governor High Commissioner by the expiration time specified in the warrant, bond, or undertaking, the Chuuk State Supreme Court high court may discharge him or may recommit him to a further day, or may again take bail for his appearance and surrender, as provided in Section 9417 467 of this Chapter.  At the expiration of the second period of commitment, or if he has been bailed and appeared according to the terms of his bond or undertaking, the court may either discharge him, or may require him to enter into a new bond or undertaking, to appear and surrender himself at another day.

          Source:  (Code 1970, tit.12, 468.) 12 TTC 10 468, modified.

      9419.  Same; forfeiture.
     If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the Chuuk State Supreme Court high court shall declare the bond forfeited and order his immediate arrest without warrant if he be within the State of Chuuk Trust Territory.  Recovery may be had on such bond in the name of the State of Chuuk Trust Territory as in the case of other bonds or undertakings given by the accused in criminal proceedings within the State of Chuuk Trust Territory.

          Source:  (Code 1970, tit. 12, 469.) 12 TTC 10 469, modified.

      9420.  Persons under criminal prosecution in the State of ChuukTrust Territoryat time of requisition.
     If a criminal prosecution has been instituted under the laws of the State of Chuuk Trust Territory against a person subject to extradition and is still pending, the Governor High Commissioner, in his discretion, either may surrender him on the demand of the executive authority of another state or may hold him until he has been tried and discharged or convicted and punished in the State of Chuuk Trust Territory.

          Source:  (Code 1970, tit. 12, 470.) 12 TTC 10 470, modified.

      9421.  Inquiry into guilt or innocence of accused.
     Except as that may be involved in identifying the person held as the person charged with the crime, the Governor High Commissioner shall make no inquiry into the guilt or innocence of the accused as to the crime of which he is charged, nor may any such inquiry be made in any proceeding after presentation to the Governor High Commissioner of the demand for extradition accompanied by a charge of crime in legal form as provided in this Chapter.

          Source:  (Code 1970, tit. 12, 471.) 12 TTC 10 471, modified.

      9422.  GovernorHigh Commissioner may recall warrant or issue additional warrant.
      The Governor High Commissioner may recall his warrant of arrest or may issue another warrant whenever he deems it proper.

          Source:  (Code 1970, tit. 12, 472.) 12 TTC 10 472, modified.

      9423.  Fugitives from the State of ChuukTrust Territory; issuance of warrant to receive and convey.
      Whenever the Governor High Commissioner shall demand from the executive authority of any state a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in the State of Chuuk Trust Territory, he shall issue a warrant under the seal of the State of Chuuk Trust Territory to some agent commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the government of the State of Chuuk Trust Territory.

          Source:  (Code 1970, tit. 12, 473.) 12 TTC 10 473, modified.

      9424.  Same; applications for requisition; return of person charged with crime.
      When the return to the State of Chuuk Trust Territory of a person charged with a crime in the State of Chuuk Trust Territory is required, the Attorney General or his assistant shall present to the Governor High Commissioner 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 Attorney General or his assistant, the ends of justice require the arrest and return of the accused to the State of Chuuk Trust Territory for trial, and that the proceeding is not instituted to enforce a private claim.

          Source:  (Code 1970, tit. 12, 474.) 12 TTC 10 474, modified.

      9425.  Same; same; escaped convict.
      When the return to the State of Chuuk Trust Territory is required of a person who has been convicted of a crime in the State of Chuuk Trust Territory and who has escaped from confinement or broken the terms of his bail, probation or parole, the Attorney General shall present to the Governor High Commissioner 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, and the state in which he is believed to be, including the location of the person therein at the time application is made.

          Source:  (Code 1970, tit. 12, 475.) 12 TTC 10 475, modified.

      9426.  Same; same; form of applications; copies, etc.
     The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the information and affidavit filed, or of the complaint made to the judge or magistrate charged, or of the judgment of conviction, or of the sentence.  The Attorney General or his assistant 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 High Commissioner indicated by endorsement thereon, and one of the certified copies of the indictment, or complaint, or information and affidavits, or of the judgment of conviction, or of the sentence shall be filed in the office of the Lt. Governor deputy high commissioner of the State of Chuuk Trust Territory to remain of record in that office.  The other copies of all papers shall be forwarded with the Governor's High Commissioner's requisition.

          Source:  (Code 1970, tit. 12, 476.) 12 TTC 10 476, modified.

      9427.  Same; costs and expenses.
     The expenses incident to the extradition of any person under Sections 9423 to 9426 473 to 476 of this Chapter shall be paid out of the State of Chuuk Trust Territory treasury.

          Source:  (Code 1970, tit. 12, 477.) 12 TTC 10 477, modified.

      9428.  Immunity from service of process in certain civil actions.
     A person brought into the State of Chuuk Trust Territory by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had ample opportunity to return to the state from which he was extradited.

          Source:  (Code 1970, tit. 12, 478.) 12 TTC 10 478, modified.

      9429.  Waiver of extradition proceedings.

     (1)  Any person arrested in the State of Chuuk Trust Territory and charged with having committed any crime in any state, or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in Sections 9048 458 and 9049 459 of this Chapter and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of a trial justice of the Chuuk State Supreme Court high court within the Trust Territory a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed it shall forthwith be forwarded to the office of the Lt. Governor deputy high commissioner and filed therein.

     (2)  The justice shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent of the demanding state, and shall deliver or cause to be delivered to such agent a copy of such consent; provided, however, that nothing in this Section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an executive procedure or to limit the powers, rights or duties of the officers of the demanding state or of the State of Chuuk Trust Territory.

          Source:  (Code 1970, tit. 12, 479.) 12 TTC 10 479, modified.

      9430.  Procedures of Chapter not deemed waiver of State of Chuuk'sTrust Territory's rights.
     Nothing in this Chapter shall be deemed to constitute a waiver by the State of Chuuk Trust Territory of its right, power or privilege to try such demanded person for crime committed within the State of Chuuk Trust Territory, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within the State of Chuuk Trust Territory; nor shall any proceedings had under this Chapter which result in, or fail to result in, extradition be deemed a waiver by the State of Chuuk Trust Territory of any of its rights, privileges, or jurisdiction in any way whatsoever.

          Source:  (Code 1966, 30; Code 1970, tit. 12, 480.) 12 TTC 10 480, modified.

      9431.  Immunity from other criminal prosecutions while in the State of ChuukTrust Territory.
     After a person has been brought back to the State of Chuuk Trust Territory by or after waiver of extradition proceedings, he may be tried in the State of Chuuk Trust Territory for other crimes which he may be charged with having committed therein as well as that crime specified in the requisition for his extradition.

          Source:  (Code 1970, tit. 12, 481.) 12 TTC 10 481, modified.