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“Retaking” vs. “Extradition”. Offender Application for Transfer (Waiver of Extradition) MUST be signed PRIOR to leaving/transferring States party to this compact waive all legal requirements to extradition of offenders who are fugitives from justice. Rule 3.109 . Discretionary Retaking.
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“Retaking” vs. “Extradition” • Offender Application for Transfer (Waiver of Extradition) • MUST be signed PRIOR to leaving/transferring • States party to this compact waive all legal requirements to extradition of offenders who are fugitives from justice. • Rule 3.109
Discretionary Retaking • Sending State retains authority to retake at ANYTIME unless offender is charged with a new felony or violent crime in the receiving state. • Offender charged with a new criminal offense cannot be retaken: • until charges have been dismissed • sentence has been satisfied • offender released to supervision for new offense • sending and receiving state mutually agree to retake/return Rule 5.101 & 5.101-1
Retaking Responsibilities • Rule 5.104, 5.105, 5.106, 5.107, 5.108, 5.110 & 5.111