What is Extradition?
Extradition is the surrender, by one nation or state to another, of an individual accused or convicted of an offense outside its own territory and within the territorial jurisdiction of the other, which being competent to try and punish him, demands the surrender.
In Pennsylvania, the extradition is governed by the Pennsylvania Uniform Criminal Extradition Act, 42 Pa.C.S. § 9121.
In extradition matters, an asylum state must comply with the rendition clause of the U.S. Constitution per Article IV, Section 2, Clause 2, the Federal Statute of the U.S. Code per Title 18, Part II, Chapter 209, Section 3182, and the asylum state's statute of the Uniform Criminal Extradition Act (UCEA).
For Pennsylvania, the UCEA is Title 42 - Chapter 91. The constitutional and federal statutory provisions are referred jointly as the Federal Act and control the extradition process. All states must follow the Federal Act.
The Federal Act governs extradition between states or between a territory or district and a state. The act does not apply to the transfer of individuals between a state and a federal jurisdiction. The Constitution provides for extradition, which includes ―treason, felony or other crimes, thus including misdemeanors.
The Supreme Court has said that while states may provide for extradition in situations not governed by federal law, they may not impose undue restrictions upon the constitutional rights of sister states to seek extradition under federal law.
Except for Louisiana, North Dakota and South Carolina, the 47 other states and the territories of the United States have adopted their version of UCEA. As expected, there are slight differences between the states.
Louisiana, North Dakota and South Carolina have enacted extradition laws similar to those set forth in the UCEA. As such, the National Association of Extradition Officials (NAEO) was established with a primary focus on minimum, uniform and legally sufficient extradition requirements.
NAEO publishes a yearly law report, which summarizes case rulings involving extradition law while making procedural recommendations in response to those rulings. It is important to note that within the NAEO Manual there is reference to the corresponding UCEA section.
The NAEO organization seeks concurrence from each state to promote uniformity in the interpretation and application of extradition laws and procedures. NOT all states choose to be members of the NAEO organization.
Consistent with the majority of states, the NAEO Manual is the guidance for all states. The point of discussion is with the nuances of our own UCEA while coordinating and satisfying the nuances of the asylum states with whom we are conducting an extradition.
NAEO's Mission
The National Association of Extradition Officials (NAEO) is a nonprofit corporation organized to educate, train, and support extradition officials in its represented members; to exchange information; to develop effective practices, procedures and policies relating to interstate and international rendition; and to enable such officials to become personally acquainted, thus promoting cooperation in securing uniformity in the adoption and interpretation of laws and procedures relating to interstate and international rendition.
What is Interstate Rendition?
Interstate Rendition is the right of one state to demand from the asylum state the surrender of a fugitive from justice from the demanding state when the fugitive is found in the asylum state. The asylum state is where the fugitive or defendant is found and the demanding state is the state which seeks to extradite the fugitive.
Extraditable Offense refers to any criminal offense, felony or misdemeanor, in the demanding state regardless of whether the offense is a crime in the asylum state.
Over time, each state has developed their own special requirements that a demanding state has to satisfy in order to extradite a person from that asylum state. The Uniform Criminal Extradition Act (UCEA) was proposed in an effort to reduce confusion and uncertainty about what was required by the various states.
The original version of the UCEA along with annotations may be found in Volume 11, Uniform Laws Annotated, Master Edition (2003), Appendix I, pages 294-660. Every state has the right to impose rules that they deem necessary, but must minimally comply with the Federal Act.
- A specific provision is made for the extradition of a convicted person in that a requisition is sufficient, if it is supported by a certified copy of a judgment or sentence together with a statement by the executive authority of the demanding state that the person has escaped or violated the terms of his/her parole or probation;
- Extradition is now possible even though the accused was never personally present in the demanding state, since he/she may be extradited if he/she did acts outside that state intentionally resulting in a crime in the demanding state;
- Procedures have been established for the orderly rendition of a fugitive requiring an arraignment and an opportunity to petition for a writ of habeas corpus; and
- Procedures have been established for the detention of a fugitive for a period of time to allow the respective Governors to issue their requisitions and rendition warrants.
The Interstate Agreement on Detainers (IAD) is an interstate compact entered into by most states including the District of Columbia. It also includes interjurisdictional transfers between the states and federal jurisdictions. The states of Louisiana and Mississippi have not become parties to the IAD.
This compact provides for the temporary transfer of prisoners who are wanted by other states for trial on criminal charges. The purpose of the IAD is to encourage the expeditious and orderly disposition of outstanding criminal charges and determination of the proper status of any and all detainers based on untried indictments, information, or complaints.
The Interstate Compact for Adult Offenders Supervision (ICAOS) is a formal agreement between member states that seeks to promote public safety by systematically controlling and monitoring the interstate movement of eligible adult offenders. All states, Puerto Rico, the U.S. Virgin Islands, and Washington D.C. have adopted this Interstate Compact.
Interstate Commission for Adult Offender Supervision
The Interstate Compact for Adult Offender Supervision established the Interstate Commission for Adult Offender Supervision to achieve its purpose. The Commission has the authority to establish rules which will have the force and effect of statutory law and shall be binding on the compacting states. The Commission is also empowered to oversee, supervise, and coordinate the interstate movement of offenders eligible for transfer under the Interstate Compact.
Transfer or Relocation of Eligible Juveniles
The Interstate Compact for Juveniles (ICJ) provides for the transfer or relocation of eligible juveniles from one state to another.
It ensures that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state, ensure that the public safety interests in both the sending and receiving state are protected, and return the juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return.
All 50 states have enacted the Interstate Compact for Juveniles. As of April 2014, American Samoa, Guam, Northern Marina Islands and Puerto Rico have not enacted the revised Interstate Compact for Juveniles.
Interstate Commission for Juveniles
The Interstate Compact for Juveniles established the Interstate Commission for Juveniles consisting of commissioners appointed from each compacting state.
The Commission has the authority to establish rules to effect the purpose and obligations of the compact, which will have the force and effect of statutory law and shall be binding in the compacting states as provided in the compact.
Each state is responsible for developing policies and procedures on administering ICJ matters within their state.
Physical mailing address:
Pennsylvania Department of Corrections / CSCU
1101 S. Front Street, 5th Floor
Harrisburg, PA 17104
Department of Corrections Personnel:
General Fax Number:
717-728-0302
Denise Wood
Records Administrator
Email: dwood@pa.gov
Phone: 717-728-2040
Cell: 717-512-3919
Shelly Fox
Assistant Records Administrator
Email: shelfox@pa.gov
Phone: 717-728-2042
Cell: 717-262-3236
Irlene Ross
Assistant Records Administrator
Email: iross@pa.gov
Cell: 717-562-2956
Special State, District, or Territory Executive Requirements
On behalf of the Governor of Pennsylvania, the responsibility for directing extradition matters with other states lies with the Director of Extradition and Capital Case Management in the Criminal Justice Unit of the Pennsylvania Governor's Office of General Counsel.
Every State has "Special Executive Requirements" that the demanding jurisdiction must comply to facilitate extradition. Since the requirements are subject to change, it is recommended that you contact the OGC Criminal Justice Unit for direction.
The NAEO Manual, Appendix "D" is titled "Special State Requirements for Extradition" also captures some of the special state requirements.
International Extradition
International extradition is governed wholly by federal law, individual treaties, the documentary requirements, and the types of offenses, which are extraditable. When information is received that a fugitive is located in a foreign country, your first step should be to contact the Office of International Affairs.
When a foreign country is requesting extradition of a fugitive located in the United States, it is coordinated through the United States Department of Justice, Criminal Division, Office of International Affairs (OIA).
U.S. Department of Justice
Criminal Division
Office of International Affairs
1301 New York Avenue
Washington, DC 20530
Main Telephone: (202) 514-0000
After Hours Telephone: (202) 514-5000