Who may be extradited

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§ 9102. Who may be extradited

A person alleged to be of unsound mind found in this State, who has fled from another state, shall, on demand of the executive authority of the state from which he or she fled, be delivered up to be removed thereto, if at the time of his or her flight:

(1) He or she was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind; or

(2) He or she had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of his or her person having been acquired by a court of competent jurisdiction of the state from which he or she fled; or

(3) He or she was subject to detention in such state, being then his or her legal domicile (personal service of process having been made) based on legal proceedings there pending to have him or her declared of unsound mind. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)


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