Maine Revised Statutes Title 15 Sec. 223 – Application for issuance of requisition
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1. Person charged with crime. When it is required to return to this State a person charged with a crime in this State, the prosecuting attorney shall present to the Governor a written application for a requisition for the return of the person charged. The application shall state:
A. The name of the person charged; [PL 1977, c. 671, §18 (RPR).]
B. The crime with which he is charged; [PL 1977, c. 671, §18 (RPR).]
C. The approximate time, place and circumstances of its commission; and [PL 1977, c. 671, §18 (RPR).]
D. The state in which the accused is believed to be, including his location therein at the time the application is made. [PL 1977, c. 671, §18 (RPR).]
The prosecuting attorney shall certify in his application that in his opinion 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.
[PL 1977, c. 671, §18 (RPR).]
Terms Used In Maine Revised Statutes Title 15 Sec. 223
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Application: means a request, by any person specified in section 223, to the Governor of this State to make a requisition to the executive authority of another state for the extradition of a fugitive from justice. See Maine Revised Statutes Title 15 Sec. 201
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Governor: includes any person performing the functions of Governor by authority of the law of this State. See Maine Revised Statutes Title 15 Sec. 201
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Person convicted of a crime. When it is required to return to this State a person who has been convicted of a crime in this State and who has escaped from confinement or broken the terms of his bail, probation or parole, the prosecuting attorney, the State Parole Board, the warden of the institution or the sheriff of the county from which the escape was made shall present to the Governor a written application for a requisition for the return of that person. The application shall state:
A. The name of the person; [PL 1977, c. 671, §18 (RPR).]
B. The crime of which he was convicted; [PL 1977, c. 671, §18 (RPR).]
C. The circumstances of his escape from confinement, or of the breach of the terms of his bail, probation or parole; and [PL 1977, c. 671, §18 (RPR).]
D. The state in which he is believed to be, including his location therein at the time the application is made. [PL 1977, c. 671, §18 (RPR).]
[PL 1977, c. 671, §18 (RPR).]
3. Verification; filing. The application shall be verified by affidavit, executed in duplicate and accompanied by 2 certified copies of:
A. The indictment return; [PL 1977, c. 671, §18 (RPR).]
B. The information filed or the complaint made to the judge or magistrate stating the offense with which the accused is charged, together with the affidavit in support of the information or complaint; or [PL 1977, c. 671, §18 (RPR).]
C. The judgment of conviction. [PL 1977, c. 671, §18 (RPR).]
The prosecuting attorney, State Parole Board, warden or sheriff may attach any further affidavits and other documents which he shall deem proper to be submitted with the application, including affidavits with attached photographs or fingerprints which serve to establish that the person named and shown therein is the person for whom a requisition is sought. One copy of the application with the action of the Governor indicated 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 Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition.
[PL 1977, c. 671, §18 (RPR).]
4. Prosecuting attorney; defined. As used in this section, the term “prosecuting attorney” means:
A. The district attorney or the deputy district attorney of the county in which the offense was committed; or [PL 1977, c. 671, §18 (NEW).]
B. The Attorney General or a Deputy Attorney General. [PL 1977, c. 671, §18 (NEW).]
[PL 1979, c. 663, §90 (AMD).]
SECTION HISTORY
PL 1971, c. 622, §§57,58 (AMD). PL 1977, c. 671, §18 (RPR). PL 1979, c. 663, §90 (AMD).