Pub. L. 83-85, tit. IV, sec. 407
extradition
extradition Sec. 407. (a) Section 930 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901, as amended (D. C. Code, sec. 23–401), is amended by inserting “(a)” after “Sec. 930. Extradition.—” and adding at the end thereof the following new subsections: “(b) The chief judge of the United States District Court, for the District of Columbia may also surrender, on demand of the executive authority of any State, any person in the District of Columbia charged in such State in the manner provided in subsection (a) of this section with committing an act in the District of Columbia, or in another State, intentionally resulting in a crime in the State whose executive authority is making the demand, even though the accused was not in that State at the time of the commission of the crime, and has not fled therefrom. “(c) No person apprehended in accordance with the provisions of Subsections (a) and (to) of this section shall be delivered over to the agent whom the executive authority demanding him shall have 67 Stat. 107appointed to receive him unless he shall first be taken before the chief judge of the United States District Court for the District of Columbia who shall inform him of the demand made for his surrender, and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if such person or his counsel shall state that he or they desire to test the legality of his arrest, the judge shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the United States attorney for the District of Columbia, and to the said agent, of the demanding State: Provided, however, That nothing contained in this subsection shall prevent such person from waiving his right to appear before the chief judge of the United States District Court for the District of Columbia and voluntarily returning in custody of a proper official to the jurisdiction of the State, Territory, or other possession of the United States which is demanding him.” (b) The Act entitled “An Act to provide for the detention of fugitives apprehended in the District of Columbia”, approved April 21, 1928 (D. C. Code, secs. 23–401–410), is amended by inserting at the end thereof the following new section: “Sec. 8. (a) The agent of the demanding State to whom the prisoner may have been delivered in accordance with the provisions of section 930 of the Act entitled ‘An Act to establish a code of law for the District of Columbia’, approved March 3, 1901, as amended, may, when necessary, confine the prisoner in the Washington Asylum and Jail; and the superintendent of the Washington Asylum and Jail must receive and safely keep the prisoner for such reasonable time as will enable the officer or person having charge of him to proceed on his route, such officer or person being chargeable with the expense of keeping. “(b) The officer or agent of a demanding State to whom a prisoner may have been delivered following extradition proceedings in another State, or to whom a prisoner may have been delivered after waiving extradition in such other State, and who is passing through the District of Columbia with such a prisoner for the purpose of immediately returning such prisoner to the demanding State, may, when necessary, confine the prisoner in the Washington Asylum and Jail; and the superintendent of the Washington Asylum and Jail must receive and safely keep the prisoner for such reasonable time as will enable the officer or agent to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping: Provided, however, That such officer or agent shall produce and show to the superintendent satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding State after a requisition by the executive authority of such demanding State. Such prisoner shall not be entitled to demand a new requisition while in the District of Columbia.”