When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated. The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section
54-179 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
(1957, P.A. 362, S. 5.)
Cited. 186 C. 404; 190 C. 631.
Plain language of section makes it clear that Connecticut's extradition law does not make it mandatory to extradite a nonfugitive; section governs extradition of persons who have been removed involuntarily from the demanding state by government compulsion and such persons properly are treated as nonfugitives. 88 CA 178.
Notes of Decisions
Clark v. Comm'r of Corr., 917 A.2d 1 (Conn. 2007).
· cites it 47× “*384 Thereafter, the petitioner appealed to the Appellate Court, claiming that, under General Statutes § 54-161, 5 a person who is removed involuntarily from the demanding state by government compulsion is not a fugitive, and, therefore, the extradition demand by Texas, which…”
Clark v. Comm'r of Corr., 868 A.2d 798 (Conn. App. Ct. 2005).
· cites it 20× “The petitioner argues that § 5 of the act, 11 enacted in this state as General Statutes § 54-161, 12 plainly establishes the principle that a person is not a fugitive if he was removed involuntarily from the demanding state by government compulsion.”
Small v. Going Forward, Inc., 915 A.2d 298 (Conn. 2007).
· cites it 4× “In Clark , we noted a linguistic difference between the title of Connecticut's extradition statute, General Statutes § 54-161, and the title to the Uniform Criminal Extradition Act, but concluded that "[n]o inference regarding legislative intent may be drawn from this linguistic…”
Clark v. Comm'r of Corr., 875 A.2d 42 (Conn. 2005).
· cites it 2× “178 (AC 24683), is granted, limited to the following issue: “Did the Appellate Court properly determine that the extradition warrant in the present case was void and that the extradition was governed by General Statutes § 54-161?””
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