§ 820.23

820.23 Application for extradition. 1. When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor the prosecuting attorney’s writtenapplication for a requisition for the return of the person charged, in which application shallbe stated the name of the person so charged, the crime charged against the person, theapproximate time, place and circumstances of its commission, the state in which the person isbelieved to be, including the location of the accused therein at the time the application is madeand certifying that in the opinion of the prosecuting attorney the ends of justice require thearrest and return of the accused to this state for trial and that the proceeding is not institutedto enforce a private claim. 2. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of the person’sbail, probation, or parole, the prosecuting attorney of the county in which the offense wascommitted, the parole board, or the warden of the institution or sheriff of the county, fromwhich escape was made, shall present

parole, the prosecuting attorney of the county in which the offense wascommitted, the parole board, or the warden of the institution or sheriff of the county, fromwhich escape was made, shall present to the governor a written application for a requisitionfor the return of such person, in which application shall be stated the name of the person,the crime of which the person was convicted, the circumstances of the person’s escape fromconfinement or of the breach of the terms of the person’s bail, probation, or parole, and thestate in which the person is believed to be, including the location of the person therein atthe time application is made. 3. The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and affidavitfiled, or of the complaint made to the judge or magistrate, stating the offense with which theaccused is charged, or of the judgment of conviction or of the sentence. The prosecutingofficer, parole board, warden, or sheriff may also attach such further affidavits and otherdocuments in duplicate as the prosecuting officer, parole board, warden, or sheriff

sentence. The prosecutingofficer, parole board, warden, or sheriff may also attach such further affidavits and otherdocuments in duplicate as the prosecuting officer, parole board, warden, or sheriff shall deemproper to be submitted with such application. One copy of the application, with the actionof the governor indicated by endorsement thereon, and one of the certified copies of theindictment, complaint, information, and affidavits or of the judgment of conviction or of thesentence shall be filed in the office of the governor to remain of record in that office. Theother copies of all papers shall be forwarded with the governor’s requisition. [C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.23; C79, 81, §820.23]2017 Acts, ch 54, §71; 2019 Acts, ch 24, §94Referred to in §820.5 Sat Dec 23 12:35:51 2023 Iowa Code 2024, Section 820.23 (16, 0)