Chapter 09 - Criminal Extradition
Chapter 09 - Criminal Extradition
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Where appearing in this chapter the following apply:
(a) “Executive authority” includes the Governor and any person performing the functions of Governor in any State or Territory other than this Territory.
(b) “Governor” includes any person performing the function of Governor by authority of the law of this Territory.
(c) “State” refers to any other State or Territory, organized or unorganized, of the United States of America other than the Territory of American Samoa.
Subject to the qualifications of this chapter and 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 this Territory to have arrested and delivered up to the United States Government authorities or executive authority of any other state of the United States Government any person charged in that state or by the United States Government with treason, felony or other crime, who has fled from justice and is found in this Territory.
The Governor of this Territory may also surrender on demand of the executive authority of any other State, any person in this Territory charged in such other state in the manner provided in 46.0909 with committing an act in this Territory 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 chapter not otherwise inconsistent shall apply to such notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled therefrom.
When a demand is made upon the Governor of this Territory by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this 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.
No demand for the extradition of a person charged with crime in another state may be recognized by the Governor unless it is in writing and is accompanied by a copy of an indictment found in the state having jurisdiction of the crime, or by an information supported by affidavit, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the laws 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.
A warrant of extradition may not be issued unless the documents presented by the executive authority making the demand show that:
(1) except in cases arising under 46.0905, the accused was present in the demanding state at the time of the commission of the alleged crime and thereafter fled from the state;
(2) the accused is now in this territory;
(3) the accused is lawfully charged, by indictment found, or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of a crime in that state and has escaped from confinement or broken his parole.
If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest which shall be sealed with the Territorial seal and be directed to the Attorney General, Public Safety Commissioner, sheriff 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 issue.
The warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the Territory and to command the aid of all peace officers in the execution of the warrant, and to deliver the accused subject to the provisions of this law, to the duly authorized agent of the demanding state.
Every officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as the Attorney General, Public Safety Commissioner, the sheriff and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance.
(a) No person arrested upon such warrant may be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he has been informed of the demand made for his surrender and of the crime with which he is charged and that he has the right to demand legal counsel.
(b) If the prisoner, his friends or counsel state that he or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before the High Court of American Samoa in this Territory, who 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 American Samoa and to the agent of the demanding state.
(c) An officer who delivers for extradition a person in his custody under the Governor’s warrant, in disobedience to this section, shall be guilty of a misdemeanor, and shall be fined not more than $1,000, or imprisoned not more than 6 months, or both.
The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of the government, and the warden of such jail must receive and safely keep the prisoner until the person having charge of him is ready to proceed on his route, such person being chargeable with the expense of keeping.
Whenever any person within this territory is charged, on the oath of any credible person before any judge or magistrate of this Territory, with the commission of a crime in any other state and, except in cases arising under 46.0905, with having fled from justice, or whenever complaint has been made before the High Court of American Samoa setting forth on the affi-davit of any credible person in another 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 46.0905, has fled therefrom and is believed to have been found in this territory, the judge or magistrate shall issue a warrant directed to the Attorney General, Public Safety Commissioner or sheriff directing him to apprehend the person charged wherever he may be found in this Territory and bring him before the High Court of American Samoa 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.
The arrest of a person may also be lawfully made by an officer or a private citizen without a warrant, upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding 1 year; but when so arrested the accused must be taken before the High Court of American Samoa with all practicable speed and complaint must be against him under oath setting forth the ground for the arrest as in 46.0914, and thereafter, his answer shall be heard as if he had been arrested on a warrant.
If, from the examination before the High Court of American Samoa, it appears that the person held is the person charged with having committed the crime alleged, that he probably committed the crime and, except in cases arising under 46.0905, that he has fled from justice, the High Court of American Samoa must commit him to jail by a warrant reciting the accusation, for such a time 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 in this chapter, or until he is legally discharged.
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 High Court of American Samoa must admit the person arrested to bail by bond or undertaking with sufficient sureties and in such sum as the court deems proper for his appearance before it at a time specified in such bond or undertaking, and for his surrender to be arrested upon the warrant of the Governor of this Territory.
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond or undertaking, the High Court of American Samoa may dis-charge him, or may recommit him to a further day, or may again take bail for his appearance and surrender. 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.
If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the High Court by proper order shall declare the bond forfeited; and recovery may be had thereon in the name of the Territory as in the case of other bonds or undertakings given by the accused in criminal proceedings within this Territory.
If a criminal prosecution has been instituted against an accused under the laws of this Terri-tory and is still pending, the Governor, at his discretion, may either 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 this Territory.
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 provided in this chapter has been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.
The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
Whenever the Governor of this Territory demands a person charged with crime in this territory from the chief executive of any other state or from the chief judge of the Superior Court of the District of Columbia, he shall issue a warrant under the seal of this Territory to some agent commanding him to receive the person charged and convey him to the proper officer of the government.
(a) When return to this Territory of a person charged with a crime in this Territory is required, the Attorney General or his assistant 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 and the approximate time, place and circumstances of its committal, 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 this Territory for trial and that the proceeding is not instituted to enforce a private claim.
(b) The application shall be verified by affidavit, executed in duplicate, and accompanied by two certified copies of the information and affidavit filed with the High Court of American Samoa stating the offense with which the accused is charged. 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.
(c) One copy of the application with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment or complaint or information and affidavit shall be filed in the office of the Secretary of American Samoa to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition.
A person brought into this Territory on 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 such criminal charge 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.
After a person has been brought back to this Territory upon extradition proceedings, he may be tried in this Territory for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.