Virginia Extradition Manual Secretary of the Commonwealth Commonwealth of Virginia 2022 The Virginia Extradition Manual is available from the Secretary of the Commonwealth, Post Office Box 2454, Richmond, Virginia 23218 1 TABLE OF CONTENTS PART I Introduction Chapter 1 Chapter 2 PART II 3 4 Sources of the Law Extraditable Offenses Interstate Agreement on Detainers 10 11 13 Roles and Responsibilities Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 PART IV Overview of the Manual The Extradition Process Legal Issues Chapter 3 Chapter 4 Chapter 5 PART III Page The Law Enforcement Officer The Magistrate The Clerk of the Court The Commonwealth’s Attorney Judges of the District and Circuit Courts 17 20 23 25 29 Cases Requiring Special Consideration Chapter 11 Chapter 12 Extradition of Juveniles Other Cases Requiring Special Consideration 34 35 Appendix A Appendix B Sample Extradition Forms Other State’s Special Requirements And Time Limits Requisition Application Checklist Travel Order Request Policy and Form Code of Virginia Excerpts Terminology International Extradition Information 39 52 Appendices Appendix C Appendix D Appendix E Appendix F Appendix G 2 60 63 67 80 84 CHAPTER 1 OVERVIEW OF THE MANUAL Extradition has a long and distinguished history. The U.S. system of extradition is empowered by the U.S. Constitution and is administered under applicable federal and state law. In Virginia, the provisions governing extradition procedures are set forth in Sections 19.2 through 19.2118 of the Code of Virginia (1950) as amended. While the concept of extradition is easily understood, the procedures to be followed in any particular extradition case can become quite complex. This is due to the myriad of legal issues associated with extradition, the number of actors involved in the extradition process, and the fact that each extradition case is unique. This manual is designed to help guide state and local officials through this process. The manual is divided into four distinct but interrelated parts. Part I is designed to provide the reader with an introduction to both the manual and to the extradition process as practiced within the Commonwealth. Part II is concerned with legal issues. It contains chapters dealing with the following subjects: sources of law, extraditable offenses and the interstate agreement on detainers. This part is supplemented by several appendices, which are also concerned with legal issues. Appendix A provides a series of sample formats, which can be used by Virginia officials in performing extradition actions. Appendix C of the manual contains relevant excerpts of the Code of Virginia, the document which governs extradition practice within the Commonwealth. Appendix D provides definitions of legal terms and acronyms associated with this subject. Part III of the manual is, in some respects, the most important. Within its five chapters are detailed discussions of the roles and responsibilities of major actors involved in the extradition process. Actors discussed include: law enforcement officials, magistrates, clerks of courts, Commonwealth’s Attorneys and judges of the district and circuit courts. Part IV examines extradition cases with require special consideration. Discussed within the two chapters of this section are the extradition of juveniles, parolees, fugitives, military personnel, Native Americans and offenders transferred under the Interstate Compact for Adult Offender Supervision. This section is supplemented by Appendix B, which outlines the special requirements of other states. While this manual attempts to cover the myriad of issues associated with extradition, questions will nevertheless arise. The Office of the Secretary of the Commonwealth will gladly assist Virginia officials in obtaining the answers to such questions. The office can be reached at (804) 7862441. 3 CHAPTER 2 THE EXTRADITION PROCESS Extradition is the legal surrender of an alleged criminal, apprehended in one jurisdiction, to another state, country or other governmental unit for trial. Two distinct processes are used to achieve this end one when Virginia is the state of asylum for the fugitive, the other when Virginia is the state from which the fugitive fled, and the Commonwealth is seeking his or her return. A. WHEN VIRGINIA IS THE STATE OF ASYLUM Figure A, on the following page, outlines what typically occurs when a fugitive from another state is found in Virginia. As suggested by this