§ 15-23.1-802 - Conditions of rendition.
SECTION 15-23.1-802
§ 15-23.1-802 Conditions of rendition.– (a) Before demanding that the governor of another state surrender an individualcharged criminally in this state with having failed to provide for the supportof an obligee, the governor of this state may require a prosecutor of thisstate to demonstrate that at least sixty (60) days previously the obligee hadinitiated proceedings for support pursuant to this chapter or that theproceeding would be of no avail.
(b) If, under this chapter or a law substantially similar tothis chapter, the governor of another state demands that the governor of thisstate surrender an individual charged criminally in that state with havingfailed to provide for the support of a child or other individual to whom a dutyof support is owed, the governor may require a prosecutor to investigate thedemand and report whether a proceeding for support has been initiated or wouldbe effective. If it appears that a proceeding would be effective but has notbeen initiated, the governor may delay honoring the demand for a reasonabletime to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and theindividual whose rendition is demanded prevails, the governor may decline tohonor the demand. If the petitioner prevails and the individual whose renditionis demanded is subject to a support order, the governor may decline to honorthe demand if the individual is complying with the support order.