- Consolidated Laws - Family Court
Part 8. Interstate rendition.
S 580-801. Grounds for rendition. (a) For purposes of this article,
"governor" includes an individual performing the functions of governor
or the executive authority of a state covered by this article.
(b) The governor of this state may:
(1) demand that the governor of another state surrender an individual
found in the other state who is charged criminally in this state with
having failed to provide for the support of an obligee; or
(2) on the demand by the governor of another state, surrender an
individual found in this state who is charged criminally in the other
state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with
this article applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the crime was
allegedly committed and has not fled therefrom.
S 580-802. Conditions of rendition. (a) Before making demand that the
governor of another state surrender an individual charged criminally in
this state with having failed to provide for the support of an obligee,
the governor of this state may require a prosecutor of this state to
demonstrate that at least sixty days previously the obligee had
initiated proceedings for support pursuant to this article or that the
proceeding would be of no avail.
(b) If, under this article or a law substantially similar to this
article, the Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of Support Act, the governor of
another state makes a demand that the governor of this state surrender
an individual charged criminally in that state with having failed to
provide for the support of a child or other individual to whom a duty of
support is owed, the governor may require a prosecutor to investigate
the demand and report whether a proceeding for support has been
initiated or would be effective. If it appears that a proceeding would
be effective but has not been initiated, the governor may delay honoring
the demand for a reasonable time to permit the initiation of a
proceeding.
(c) If a proceeding for support has been initiated and the individual
whose rendition is demanded prevails, the governor may decline to honor
the demand. If the petitioner prevails and the individual whose
rendition is demanded is subject to a support order, the governor may
decline to honor the demand if the individual is complying with the
support order.
