Tribal Extradition Procedures for State Warrants Sample Clauses

Tribal Extradition Procedures for State Warrants. 1. The Chairperson of the Judiciary Committee of the Three Affiliated Tribes Tribal Business Council (hereinafter “Judiciary Committee Chairperson”), or any individual designated by him/her to act in his/her absence, shall have the authority to have apprehended and delivered up to the executive authority of any Indian tribe, state, or the United States, any person charged with or convicted of a felony, who has fled from justice and is found within the exterior boundaries of the Reservation. 2. A formal demand for extradition must be made in writing by the demanding sovereign alleging that the individual was present within the jurisdiction of the demanding sovereign at the time of the commission of the alleged crime and that, thereafter, he/she fled from the jurisdiction of the sovereign. Accompanying the formal demand shall be a copy of any warrant outstanding against the individual, a copy of any judgment of conviction or any sentence imposed in execution thereof, or a statement by an appropriate agent of the demanding sovereign that the individual has escaped from confinement or has violated the terms or conditions of his bail, probation, or parole. Additionally, the Judiciary Committee Chairperson shall receive a copy of any indictment, a copy of any information or complaint supported by an affidavit, or a copy of an affidavit made before a magistrate or judge in said jurisdiction. The indictment, information, complaint, or affidavit made before a magistrate or judge must substantially charge the individual whose extradition is demanded with having committed a felony under the laws of that sovereign. The copy of the indictment, information, complaint, affidavit, judgment of conviction, or sentence shall be authenticated by an appropriate agent of the demanding sovereign. 3. If the Judiciary Committee Chairperson determines that the demand should be complied with, he/she shall cause a judge of the Tribe’s Court to sign a warrant for apprehension which shall be directed to each of the Tribe’s law enforcement officer for execution. The warrant shall authorize any of the Tribe’s law enforcement officers to apprehend the individual at any time and any place where he/she may be found within the Reservation, and to command the aid of all the Tribe’s law enforcement officers in the execution of the warrant. 4. No individual apprehended under such warrant shall be delivered directly over to an agent of the demanding sovereign. He/She shall first be taken forthwi...
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Related to Tribal Extradition Procedures for State Warrants

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