Extradition Policy in Virginia
Article IV, Section 2, Clause 2, of the United States Constitution defines extradition in the following way: "A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime."
The extradition process can be used to return those convicted of a crime, those charged with a crime, persons who escape from the Department of Corrections, and parole and probation violators.
In Virginia, the provisions governing extradition procedures are set forth in Sections 19.2-84 through 19.2-118 of the Code of Virginia (1950), as amended.
When Virginia is the demanding state, all extradition requests are reviewed by the Extradition Specialist in the Office of the Secretary of the Commonwealth to ensure that they are complete and comply with the requirements of the asylum state. Once all the documents are complete, it is the Governor who formally requests the extradition. Finally, if the extradition is granted, the Governor requests one or more law enforcement officers, designated by the local Commonwealth's Attorney, to retrieve the fugitive.
When Virginia is the asylum state, the extradition request is received by the Office of the Secretary of the Commonwealth from the demanding state. The extradition request is then forwarded to the Office of the Attorney General where it is reviewed for legal sufficiency. Once the Governor's Office is satisfied that the demanding state has met the necessary requirements for extradition, a Governor's Warrant is issued.
Please direct all extradition correspondence in care of: Patricia Tucker, Director of Extradition and Clemency Office of the Secretary of the Commonwealth Post Office Box 2454 Richmond, Virginia 23218-2454 (804) 692-0105
_________________ Domestic Security Investigations P.O. Box 4462 Rockville, MD 20849 Tel: 1-800-387-0787 Anti-Moral Majority Club President "Fear not the unknown, Fear the person who controls the unknown" Gene 7:14
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