Extradition

Sysop — Tue, 11 Aug 2026 03:52:45 GMT

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	The extradition clause affords no discretion to the executive officers or courts of the asylum state, but, rather, creates a mandatory duty to deliver up fugitives on proper demand. Puerto Rico v. Branstad, 483 U.S. 219, 226, 107 S. Ct. 2802, 97 L. Ed. 2d 187 (1987).		The extradition clause affords no discretion to the executive officers or courts of the asylum state, but, rather, creates a mandatory duty to deliver up fugitives on proper demand. Puerto Rico v. Branstad, 483 U.S. 219, 226, 107 S. Ct. 2802, 97 L. Ed. 2d 187 (1987).

			If a criminal prosecution has been instituted against a person charged pursuant to statute under the laws of California and is still pending, the Governor, with the consent of the Attorney General, may surrender the person on demand of the executive authority of another state or hold him or her until the person has been tried and discharged or convicted and served his or her sentence in California. The defendant does not have a choice as to which of the two prosecutions may proceed first. (People v. Albin (1970) 9 Cal. App. 3d 31. If a criminal prosecution has been instituted under the laws of California against the person, the restrictions on the length of commitment will not be applicable during the period that the criminal prosecution is pending in the state.

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