941.15
Commitment to await requisition; bail.
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941.15 Commitment to await requisition; bail.—If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under s. 941.06, that the person has fled from justice, the judge must, by a warrant reciting the accusation, commit the person to the county jail for such a time not exceeding 30 days and specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in s. 941.16, or until the accused shall be legally discharged.
History.—s. 15, ch. 20460, 1941; s. 7, ch. 22858, 1945; s. 1606, ch. 97-102; s. 46, ch. 2004-11.
Notes of Decisions
Cited in 12
cases, 1960–2018 · leading case: Sands v. McCormick
Sands v. McCormick (2007)
“After the arrest, the defendant must be brought before a Florida judge, Fla. Stat. § 941.15 , who may grant bail or jail the individual for such a time “as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive…”
Basulto Vargas v. Junior (2018)
“According to section 941.15, while a fugitive awaits requisition, “the judge must, by a warrant reciting the accusation, commit the person to the county jail for such a time not exceeding 30 days .”
Paley v. Bieluch (2001)
“See § 941.15. Section 941.17 allows for an extension of the commitment period for up to another sixty days, if there is no arrest by the governor within the time specified in the warrant or bond.”
State v. Fulkerson (1974)
“Pursuant to F.S. 941.15, F.S.A., Judge Seaver determined that Fulkerson was the person sought in the warrant and ordered him committed to the Pasco County Jail for a period not exceeding thirty days.”
Lewis v. Boone (1982)
“As a defense to the escape charge, Fulkerson argued that because he was held beyond the thirty-day limit in § 941.15, and was not recommitted under § 941.”
Carter v. Coleman (1984)
“§§ 941.15, 941.16, Fla.Stat. (1981). Because no Governor’s warrant was issued during this thirty-day period, the trial court again admitted appellant to bail for the maximum sixty-day extension period.”
Murphy v. Boehm (1983)
“See §§ 941.15 and 941.17, Florida Statutes (1981).”
Tomarchin v. Kelly (1960)
“Compare the provisions of the Uniform Interstate Extradition Law (§§ 941.15, 941.16, Fla.Stat., F.S.A.), which appear to limit the right of a fugitive to enlargement on bail to the period before issuance of executive warrant for his rendition to the demanding state.”
Treadway v. Heidtman (1973)
“, Section 941.15, F.S.A. Upon completion of this period of thirty days, and because the Governor’s warrant had not been received, the court thereupon remanded petitioner to the custody of the respondent for a further thirty-day period pursuant to, F.”
France v. Judd (2006)
“When an accused fugitive is arrested pre-requisition, whether pursuant to a fugitive warrant or not, section 941.15 requires the judge to perform an examination to determine whether "it appears that the person held is the person charged with having committed the crime alleged…”
Burkhart v. Jenne (2001)
“See § 941.15, Fla. Stat. (2000). The circuit court has discretion to grant bail to a person detained on an out-of-state warrant pending the issuance of the warrant of extradition, unless the offense charged is punishable by death or life imprisonment.”
Sands v. McCormick (2007)
“” Fla. Stat. § 941.15 . The person may be released on bail “conditioned for the prisoner's appearance before .”
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