Section 570.54. Application for issuance of requisition; by whom made; contents  


Latest version.
  • 1.  When the return to this state of a person charged  with  crime  in
      this state is required, the district attorney of the county in which the
      offense  was committed, or, if the offense is one which is cognizable by
      him, the attorney general 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  district  attorney  or
      attorney  general  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.
        2.    When  there is required the return to this state 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
      district 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, or the commissioner of the state department
      of correctional services or his designee 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 the application is made.
        3.  The application shall be verified by affidavit, shall be  executed
      in  duplicate  and  shall  be accompanied by two certified copies of the
      accusatory instrument stating the offense  with  which  the  accused  is
      charged,  or  of  the  judgment  of conviction or of the sentence.   The
      district attorney, attorney general, parole board,  warden,  sheriff  or
      the commissioner of the state department of correctional services or his
      designee  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
      accusatory instrument, or of the judgment of conviction or 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.