Subchapter II-Uniform Criminal Extradition Act

§ 5021. Definitions

In this subchapter, the term "Governor" includes any person performing the functions of Governor by authority of the law applicable in the Canal Zone. The term "Executive Authority" includes the governor and any person performing the functions of governor in a state other than the Canal Zone, and the term "State", referring to a state other than the Canal Zone, includes any state or territory, organized or unorganized, of the United States of America.

§ 5022. Fugitives from justice; duty of Governor

Subject to this subchapter, the provisions of the Constitution of the United States controlling, and acts of Congress in pursuance thereof, it is the duty of the Governor of the Canal Zone to have arrested and delivered up to the Executive Authority of a State any person charged in that State with treason, felony, or other crime, who has fled from justice and is found in the Canal Zone.

§ 5023. Form of demand

A demand for the extradition of a person charged with crime in another State may not be recognized by the Governor unless in writing alleging, except in cases arising under section 5026 of this title, 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 there, together with a copy of any warrant which was issued thereupon; or by 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. 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 of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand. § 5024. Governor may investigate case

When a demand is made upon the Governor of the Canal Zone by the Executive Authority of a State for the surrender of a person so charged with crime, the Governor may call upon the United States attorney 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.

§ 5025. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion

When it is desired to have returned to the Canal Zone a person charged in the Canal Zone with a crime, and he is imprisoned or is held under criminal proceedings then pending against him in another State, the Governor of the Canal Zone may agree with the Executive Authority of the other State for the extradition of the person before the conclusion of the proceedings or his term of sentence in the other State, upon condition that he be returned to the other State at the expense of the Canal Zone as soon as the prosecution in the Canal Zone is terminated.

The Governor of the Canal Zone may also surrender on demand of the Executive Authority of a State any person in the Canal Zone who is charged in the manner provided by section 5023 of this title with

having violated the laws of the State whose Executive Authority is making the demand, even though the person left the demanding State involuntarily.

§ 5026. Extradition of persons not present in demanding state at time of commission of crime

The Governor of the Canal Zone may also surrender, on demand of the Executive Authority of a State, any person in the Canal Zone charged in that State in the manner provided by section 5023 of this title with committing an act in the Canal Zone, 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 subchapter not otherwise inconsistent, 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.

§ 5027. Issue of Governor's warrant of arrest; its recitals

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the Canal Zone, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.

§ 5028. Manner and place of execution

The warrant prescribed by section 5027 of this title shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the Canal Zone 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 subchapter, to the duly authorized agent of the demanding State.

§ 5029. Authority of arresting officer

A peace officer or other person empowered to make the arrest has the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

§ 5030. Rights of accused person; application for writ of habeas

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A person arrested upon such a warrant may not be delivered over to the agent whom the Executive Authority demanding him has appointed to receive him unless he is first taken forthwith before the judge of the district court, 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 states that he or they desire to test the legality of his arrest, the judge of the district court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such a writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the United States attorney. and to the agent of the demanding State.

During the absence of the district judge, the powers conferred upon the district court by this section may be exercised by a magistrate or a magistrate's court.

§ 5031. Penalty for non-compliance with preceding section

An officer who delivers to the agent for extradition of the demanding State a person in his custody under the Governor's warrant in willful disobedience to section 5030 of this title, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000 or be imprisoned in jail not more than six months, or both.

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A the other State, and who is pasing then the Cal Zone such a prisoner for the purpose of mometacAT MULING B to the deca ng State mij, WÖHE DECESSLY, xoize the prosider = In the Canal Zone: and the keeper of the just recente and safely kup the prister un the never or aget hang my f i ready to prowed a la more, the frer * get bang marescie with the expense of keeping. of the of ver or agen prodans and shows to the keeper of the jall satisfandry wrineo evideone of the farm that be is actually transporting the prisoner to the demanding Stare afer a reputation by the Executive Authority of the demanding State. The proner is not entitled to demand a new regulatxo vie Carai Zote.

5003. Arrest prior to requisition

When a person within the Canal Zone is charged on the oath of credible person before a judge or magistrate of the Canal Zone with the commission of a crime in another State and, except in cases arising under section 5026 of this title, with having fed from justice, or with having been convicted of a crime in that State and having escaped from confinement, or having broken the terms of his bail probation or parole, or when complaint has been made before a judge or magistrate of the Canal Zone setting forth on the af davit of a credile person in another State that a crime has been committed in the other State and that the accused has been charged in that State with the commission of the crime, and, except in cases arising under section 3026 of this title, has fled from justice, or with having beer, convicted of a crime in that State and having escaped from confinement, or having broken the terms of his bail, probation or parole and is believed to be in the Canal Zone, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in the Canal Zone, and bring him before the same or any other judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

§ 5034. Arrest without a warrant

The arrest of a person may be lawfully made also by any peace officer or a private person, 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 exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 5033 of this title; and thereafter his answer shall be heard as if he had been arrested on a warrant.

§ 5035. Commitment to await requisition; bail

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 5026 of this title, that he has fled from justice, the judge or magistrate shall, by a warrant reciting the accusation, commit him to jail for such time not exceeding 30 days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the Executive Authority of the State having jurisdiction of the offense, unless the accused gives bail as provided by section 5036 of this title, or until he is legally discharged.

§ 5036. Bail; in what cases; 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, a judge or magistrate in the Canal Zone may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in the bond, and for his surrender, to be arrested upon the warrant of the Governor of the Canal Zone.

§ 5037. Extension of time of commitment; adjournment

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and surrender, as provided by section 5036 of this title, but within a period not to exceed 60 days after the date of the new bond.

§ 5038. Forfeiture of bail

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the Canal Zone. Recovery may be had on the bond as in the case of other bonds given by the accused in criminal proceedings within the Canal Zone. § 5039. Persons under criminal prosecution in Canal Zone at time of requisition

If a criminal prosecution has been instituted against the person under the laws applicable in the Canal Zone and is still pending the Governor, in his discretion, may either surrender him on demand of the Executive Authority of a State or hold him until he has been tried and discharged or convicted and punished in the Canal Zone. § 5040. Guilt or innocence of accused, when inquired into

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided has been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.

§ 5041. Governor may recall warrant or issue alias

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems it proper.

§ 5042. Fugitives from Canal Zone; duty of Governor

When the Governor of the Canal Zone demands a person charged with crime, other than an offense against the United States,

or with escaping from confinement or breaking the terms of his bail or breaking the terms of probation granted by a magistrate's court, in the Canal Zone, from the Executive Authority of a State, or from the chief judge or an associate judge of the United States District Court for the District of Columbia authorized to receive the demand under the laws of the United States, he shall issue a warrant under the seal of the Canal Zone, to an agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the Canal Zone.

§ 5043. Application for issuance of requisition; by whom made; contents

(a) When the return to the Canal Zone of a person charged with crime in the Canal Zone, other than an offense against the United States, is required, the United States 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 United States attorney the ends of justice require the arrest and return of the accused to the Canal Zone for trial and that the proceeding is not instituted to enforce a private claim.

(b) When the return to the Canal Zone is required of a person who has been convicted of a crime in the Canal Zone, other than an offense against the United States, and has escaped from confinement or broken the terms of his bail or broken the terms of probation granted by a magistrate's court, the United States attorney, probation officer, or peace officer from whom, or warden of the institution from which, escape was made, shall present to the Governor a written application for a requisition for the return of the 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 or probation, and the State in which he is believed to be, including the location of the person therein at the time application is made.

(c) 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 magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The United States attorney or other officer making the application may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with the application. One copy of the application, with the action of the Governor indicated by indorsement 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 executive secretary of the Canal Zone Government to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.

§ 5044. Costs and expenses

When the Governor of the Canal Zone demands a person pursuant to this subchapter, costs and expenses shall be paid as provided by section 4983 of this title.

§ 5045. Immunity from service of process in certain civil actions A person brought into the Canal Zone by, or after waiver of, extradition based on a criminal charge is not subject to service of personal