Idaho State Statutes - Idaho Attorney Directory

RENDITION OF ACCUSED PERSONS -- AFFIDAVIT FOR WARRANT --
DOCUMENTS REQUIRED -- NOTICE TO PROSECUTING ATTORNEY. (a) If a person who has
been charged with crime in another state and released from custody prior to
final judgment, including the final disposition of any appeal, is alleged to
have violated the terms and conditions of his release, and is present in this
state, a designated agent of the court, judge or magistrate which authorized
the release may request the issuance of a warrant for the arrest of the person
and an order authorizing his return to the demanding court, judge or
magistrate. Before the warrant is issued, the designated agent must file with
the clerk of the district court of the county wherein the person is, or is
alleged to be, located, the following documents:
(1) an affidavit stating the name and whereabouts of the person whose
removal is sought, the crime with which the person was charged, the time and
place of the crime charged, and the status of the proceedings against him; (2)
a certified copy of the order or other document specifying the terms and
conditions under which the person was released from custody; and (3) a
certified copy of an order of the demanding court, judge or magistrate stating
the manner in which the terms and the conditions of the release have been
violated and designating the affiant its agent for seeking removal of the
person.
(c) Upon initially determining that the affiant is a designated agent of
the demanding court, judge or magistrate, and that there is probable cause for
believing that the person whose removal is sought has violated the terms or
conditions of his release, the district judge of the county where the
documents are filed shall issue a warrant to a law enforcement officer of this
state for the person's arrest.
(d) The district judge shall notify the prosecuting attorney of the
county where the documents are filed of his action and shall direct him to
investigate the case to ascertain the validity of the affidavits and documents
required by subsection (a) and the identity and authority of the affiant.

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