Extradition is the process by which a fugitive found in one country or state is surrendered to another country or state for trial or punishment. For foreign countries the process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country.
In order for a person to be extradited interstate, 18 U.S.C. § 3182 requires:
- An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.
- The requesting executive must produce a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, and
- Such document must charge the fugitive demanded with having committed treason, felony, or other crime, and
- Such document must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.
- The executive receiving the request must then cause the fugitive to be arrested and secured, and notify the requesting executive authority or agent to receive the fugitive.
- An agent of the executive of the State demanding extradition must appear to receive the prisoner, which must occur within a certain period of time from time of arrest or the prisoner may be released.