Executive Records
Requisitions, Waivers and Extraditions
What are Requisitions, Waivers and Extraditions?
These official actions of a
governor are used when the custody of accused or convicted criminals is
transferred between states.
If a person is accused of
committing a crime in West
Virginia but has fled to another state, a fugitive warrant may be issued to bring that person back to face charges in West Virginia.
If that person is arrested, the "asylum state" contacts West
Virginia law enforcement to determine whether our state, the "demand
state," still wants to bring the accused back and is willing to extradite
that person. If so, a hearing is held on the fugitive warrant, and
the accused has specific rights.
During the extradition
proceedings, the accused fugitive may agree to be returned to West Virginia to face
charges without further court action by signing a waiver of
extradition. This agreement allows West Virginia law enforcement officials to take
immediate custody of
the fugitive and return to West Virginia.
(The examples shown represent actual documents,
but the names of the individuals have been removed.)
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Click this icon to see an example of an extradition. |
If the accused refuses to waive extradition, the county
prosecutor where the crime was committed applies to the
Governor for a requisition to be
issued. If the documents are in order, the
Governor issues the requisition, and appoints an agent to
take custody of the accused.
The requisition goes to
the asylum state governor, who may issue a warrant to the
sheriff of the county where the fugitive is held, ordering
the fugitive turned over to the appointed agent. |
Click this icon to see an example of a requisition. |
The same series of events happens
when another state seeks to have a person returned from West Virginia to face
charges there. Sometimes, differences in the severity of sentencing
between states may result in contested extradition proceedings. For
example, if murders have been committed in two states and one of the states
has a death penalty and the other does not, a fugitive may try to avoid
extradition to the state with the death penalty.
Requisitions issued by the Governor of West Virginia are on file and entered in the
Executive Journal. Waivers signed by persons in West Virginia agreeing
to be taken to another state are also on file but are not recorded in the
Executive Journal.
Related Laws
Several sections of West
Virginia Code refer to requisitions, waivers and extraditions. To
search other parts of the Code, visit the Legislature's web site and select
WV Code.
Requesting Information and
Copies of Extraditions or Waivers
These documents are public
information and copies may be ordered. To order a copy, please specify
the individual's name, the other state involved, and the approximate date this
occurred.
To
request information by e-mail about requisition, waiver or extradition, click the icon.
Requests which require an extensive search of older records may be
subject to search fees. |
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To order
copies or certified copies on-line, click the icon. |
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