O.C.G.A. § 17-13-37 (2019)
Procedure where accused not arrested within time specified in warrant
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and surrender as provided for in Code Section 17-13-36, but within a period not to exceed 60 days after the date of such new bond.
History
Ga. L. 1951, p. 726, § 17.
Annotations
JUDICIAL DECISIONS Purpose. - Purpose of Ga. L. 1951, p. 726, §§ 15-17 (see O.C.G.A. §§ 17-13-35 17-13-37) of the extradition law is to prevent unreasonably lengthy periods of confinement of fugitives pending consummation of extradition proceedings by the demanding state. There is, however, no indication of any legislative intent to restrict the period within which the Governor of another state may issue a rendition warrant to the period within which the court which issues the fugitive warrant may commit the accused or require the accused to give bond. Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720 (1978).
Section only limits confinement pending extradition. - Ga. L. 1951, p. 726, §§ 15-17 (see O.C.G.A. §§ 17-13-35 17-13-37) only limit the time during which one arrested as a fugitive may be kept in jail or on bail in lieu thereof, pending the completion of extradition proceedings and the issuance of the Governor’s arrest warrant. Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720 (1978). Cited in Bearden v. State, 223 Ga. 381, 155 S.E.2d 5 (1967); Ward v. Jarvis, 240 Ga. 668, 242 S.E.2d 134 (1978); Powell v. Brown, 281 Ga. 609, 641 S.E.2d 519 (2007).
RESEARCH REFERENCES Am. Jur. 2d. - 31A Am. Jur. 2d, Extradition, §§ 51, 57 et seq. C.J.S. - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.
U.L.A. - Uniform Criminal Extradition Act (U.L.A.) § 17.