(a) Before making a demand that the Governor of another slate surrender an individual charged criminally in the Virgin Islands with having failed to provide for the support of an obligee, the Governor of the Virgin Islands may require a prosecutor of the Virgin Islands to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this subchapter or that the proceeding would be of no avail.
(b) If, under this subchapter or a law substantially similar to this subchapter, the Governor of another state makes a demand that the Governor of the Virgin Islands surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.