Maryland Extradition Manual
Maryland Extradition Manual
Susan C. Lee Secretary of State State House Annapolis, Maryland 21401
Wes Moore Governor State House Annapolis, Maryland 21401
Anthony Brown Attorney General 200 St. Paul Place Baltimore, Maryland 21202-2021
2023
EXTRADITION OFFICIALS
Benjamin A. Harris Extradition Hearing Officer Assistant Attorney General Office of the Attorney General Criminal Appeals Division 200 St. Paul Place, 18th Floor Baltimore, MD 21202 (410) 576-7294 FAX (410) 576-6476 bharris@oag.state.md.us
Kelly M. Donoho Interstate Detainers Assistant Attorney General Department of Public Safety and Correctional Services 6776 Reisterstown Road, Suite 313 Baltimore, MD 21215
(410) 585-3544 FAX (410) 484-5939 kelly.donoho@
Shawn Estrada Extradition Coordinator Office of the Secretary of State
State House Annapolis, MD 21401
(410) 260-3974 FAX (410) 974-5527 shawn.estrada@
Written by Nolan H. Rogers with revisions by Edward O. Siclari and William J. Elman
TABLE OF CONTENTS
FLOW CHART OF EXTRADITION PROCESS, p. iii
UNIFORM CRIMINAL EXTRADITION ACT - GENERAL INFORMATION
I. Useful Definitions, p. 1 II. Sources of Law, p. 2 III. History, p. 3 IV. Reference Materials on Extradition, p. 4 V. Persons Subject to Extradition, p. 5 VI. Extraditable Offenses, p. 6
UNIFORM CRIMINAL EXTRADITION ACT - PROCEDURES
I. Summary, p. 8 II. Procedures for Return of Fugitive to Maryland, p. 9 III. Procedures for Extradition of Fugitive from Maryland, p. 16 IV. Provisions for Extradition Between Maryland and the District of Columbia, p.
31
DETAINERS
I. General Information, p. 38 II. Applicability of the Interstate Agreement on Detainers, p. 39 III. Maryland as Incarceration (Sending) State, p. 40 IV. Maryland as Requesting (Receiving) State, p. 44 V. Intrastate Detainers, p. 49
THE MARYLAND DETAINER STATUTES, p. 52
EXECUTIVE AGREEMENTS, p. 62
UNIFORM ACTS
I. Introduction; Statutory Citations, p. 63 II. Uniform Interstate Family Support Act, p. 63 III. Interstate Compact for Adult Offender Supervision, p. 64 IV. Interstate Compact on Juveniles, p. 64 V. Uniform Act for the Extradition of Persons of Unsound Mind, p. 64 VI. Act to Secure the Attendance of Witnesses from Without the State in Criminal
Proceedings, p. 65 VII. Mandatory Disposition of Detainers Act, Rendition of Accused Persons Act,
Rendition of Prisoners as Witnesses in Criminal Proceedings Act, p. 65
- i -
INTERNATIONAL EXTRADITION
I. II. III. IV. V. VI. VII. VIII.
International Extradition in General, p. 66 Determining if Extradition is Possible, p. 66 Provisional Arrest, p. 68 Documents Needed for Extradition, p. 69 Transmission of the Completed Documents to Washington, p. 75 Presentation of the Extradition Request, p. 75 Arrangements for Taking Custody After Extradition, p. 76 Alternatives to Extradition, p. 78
MILITARY PERSONNEL
I. Introduction, p. 79 II. Steps in the Process, p. 79 III. Additional Procedures (re: Military Location), p. 80
- ii -
Begin
FLOW CHART OF EXTRADITION PROCESS
Crime Committed
Governor Signs Requisition and Agent's Commission
Charge Filed
Request Sent to Governor of Asylum State
Warrant, Information or Indictment Issued
Secretary of State & Assistant Attorney General Examine for Deficiencies
NCIC Notified
Governor's Hearing Held by Extradition Officer
Suspect Located in Asylum State
Governor Issues Warrant
Authorities in Demanding State Notified
Warrant Sent to Appropriate State or Local Law Enforcement Agency
Authorities Request that Suspect be Arrested
Habeas Corpus Hearing Available by Statute
Fugitive Warrant Issued by Maryland Commissioner or Judge
Appeal Available After Denial
Arrest & Appearance before Commissioner or Judge: Commitment, Release, or Bail Waiver
Authorities in Demanding State Notified
Possible Habeas Corpus Attacking Arrest
Agents Arrive for Fugitive
Prosecutor Prepares Application for Requisition
Fugitive Returned
Prosecutor Sends Papers to Demanding Governor
Governor's Staff & Counsel Examine Papers for Deficiencies
Fugitive now Available for First Step in the Regular Criminal Judicial Process
End
- iii -
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