KRS § 440.370 — KY Code / Title XL / Chapter 440 / Section 440.370
440.370 Application for return of person charged with crime -- Person convicted -- Requisites and procedures
Status: in_force

440.370 Application for return of person charged with crime -- Person convicted --

Requisites and procedures.

(1) When the return to this state of a person charged with crime in this state is required,

the Commonwealth's attorney or county attorney shall present to the Governor his

written application for a requisition for the return of the person charged, in which

application shall be stated the name of the person so charged, the crime charged

against him, the approximate time, place and circumstances of its commission, the

state in which he is believed to be, including the location of the accused therein at

the time the application is made and certifying that, in the opinion of the said

prosecuting attorney the ends of justice require the arrest and return of the accused

to this state for trial and that the proceeding is not instituted to 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 escaped from confinement or broken the terms of his bail,

probation or parole, the Commonwealth's attorney or county attorney of the county

in which the offense was committed, the chairman of the parole board, or the

warden of the institution or county attorney of the county from which escape was

made, shall present to the Governor a written application for a requisition for the

return of such person, in which application shall be stated the name of the person,

the crime of which he was convicted, the circumstances of his escape from

confinement or of the breach of the terms of his bail, probation or parole, the state

in which he is believed to be, including the location of the person therein at the time

application is made.

(3) The application shall be verified by affidavit, shall be executed in triplicate and

shall be accompanied by three (3) certified copies of the indictment returned, or

affidavit made before a judge and warrant of arrest issued thereon, stating the

offense with which the accused is charged, or of the judgment of conviction or of

the sentence. The Commonwealth's attorney or county attorney, chairman of the

parole board or warden shall also attach such further affidavits and other documents

in triplicate as he or the Attorney General may deem proper to be submitted with

such application. When the application is made pursuant to subsection (1) of this

section, the prosecuting attorney shall, unless the case is of the type mentioned in

KRS 440.210, submit to the Governor proof in the form of an affidavit that the

accused was personally present in this state at the time of commission of the crime

charged. One (1) copy of the application, with the action of the Governor indicated

by endorsement thereon, and one (1) of the certified copies of the indictment,

affidavit and warrant, or of the judgment of conviction or of the sentence shall be

filed in the Office of the Secretary of State to remain of record in that office. The

other copies of all papers shall be forwarded with the Governor's requisition.