818.3  Definitions.

As used in this compact, unless the context clearly requires otherwise:

1.  "State" means any state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

2.  "Demanding state" means the state in which a crime has been committed and where a charge has been filed against a fugitive whose return for trial is sought.

3.  "Asylum state" means the state in which a person for whom the warrant was issued has been found or arrested and from which the person's return to the demanding state is sought.

4.  "Fugitive" means any person who is charged with a crime in the demanding state, or any person who has been convicted of a crime in the demanding state and has escaped from confinement or has broken the terms of the person's bail, probation or parole, and is no longer within the demanding state, whether the person's leaving the demanding state was voluntary or involuntary. For purposes of this division the term "fugitive" further includes a person in the asylum state charged with committing a crime in the demanding state by the doing of an intentional act outside the demanding state which resulted in such crime, as set forth in section 818.15.

5.  "Local prosecuting authority" means the chief prosecuting attorney or the attorney's designee, of the governmental unit of the demanding state which has jurisdiction over the crime committed by the fugitive. When the return to the demanding state is required of a person who has been convicted of a crime in the demanding state and the fugitive has escaped from confinement or broken the terms of bail, probation or parole, the term "local prosecuting authority" includes the chief prosecuting attorney of the county in which the offense was committed, the parole board, and in the case of escapes the warden of the institution or the sheriff of the county from which the escape was made, and in such cases these officials may make demand for return of the fugitive in accordance with the provisions of this compact.

6.  "Chief law enforcement officer" means county sheriff, chief of police or other chief law enforcement officer in the local governmental unit wherein the fugitive is located, and when the fugitive is confined in a penitentiary or reformatory, it includes the warden or chief administrative officer of that institution.

Section History: Early form

  [C79, 81, § 818.3]


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