Arrest and Related Procedures

ORS 133.767
Extradition of person not present in demanding state at time of commission of crime

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in ORS 133.763 (Facts documents must show) with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled therefrom. [Formerly 147.060; 1985 c.565 §12; 2005 c.22 §105]

See also annotations under ORS 147.060 in permanent edition.

Notes of Decisions

Article IV, section 2, United States Constitution, does not prohibit state from discretionary extradition of person not technically fugitive from requesting state. Whelan v. Noelle, 966 F. Supp. 992 (D. Or. 1997)

§§ 133.743 to 133.857

See also annotations under ORS chapter 147 in permanent edition.

Notes of Decisions

This Act was adopted to facilitate the interjurisdictional transfer of prisoners. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)

Interjurisdictional transfers to clear up charges protect the prisoner's constitutional right to a speedy trial and the state's interest in the orderly administration of justice. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)

Source

Last accessed
Jun. 26, 2021

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