HB586 By Representatives Baker and Jones RFD Local Legislation Rd 1 03-MAY-17

A BILL TO BE ENTITLED AN ACT

Relating to Escambia County; to authorize the extradition of a tribal fugitive to the Poarch Band of Creek Indians upon certain conditions; to provide procedures for the extradition of a tribal fugitive; to provide for an extradition proceeding under certain conditions; and to authorize the confinement of a tribal fugitive in a county jail under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. For the purposes of this act, the following terms shall have the following meanings:

(1) COUNTY. Escambia County.

(2) DISTRICT ATTORNEY. The District Attorney for the 21st Judicial Circuit.

(3) RESERVATION. The reservation of the tribe or any land held in trust for the tribe by the United States of America.

(4) TRIBE. The tribe of Indians recognized as the Poarch Band of Creek Indians by the federal government and by the State of Alabama as a tribal government.

(5) TRIBAL FUGITIVE. Any Indian, as defined by Section 5129 of Title 25 of the United States Code, charged with the commission of a crime alleged to have taken place within the reservation, who is not currently within the boundaries of the reservation.

Section 2. If a tribal fugitive is found within the county, he or she may be extradited to the tribe as provided for by this act.

Section 3. (a) No demand for extradition of a tribal fugitive shall be recognized unless a written request is received by the district attorney.

(b) The written request shall contain all of the following:

(1) A sworn statement stating that the accused tribal fugitive was alleged to be present on the reservation at the time of the commission of the alleged crime and that the accused tribal fugitive is no longer on the reservation.

(2) A copy of an arrest warrant issued for the accused tribal fugitive.

(3) A copy of the conviction or sentence imposed, if applicable.

(4) A sworn statement that the accused tribal fugitive has broken the terms of bail, probation, or parole, or has been charged with committing a specific offense under the laws of the tribe.

(5) Any waiver of extradition validly executed as a bond condition or as a term or condition of parole or probation, if applicable.

(6) Any identifying information that may assist law enforcement and the district court judge in a determination of whether the accused tribal fugitive is the person who is sought to be extradited by the tribe.

Section 4. If a criminal prosecution has been instituted under the laws of this state against a person demanded by the tribe as a tribal fugitive for extradition, and the prosecution is still pending, the district attorney may either commence extradition or demand that the accused tribal fugitive be held until tried and discharged or convicted and any punishment served.

Section 5. If the district attorney complies with the demand for extradition, the district attorney shall submit the documents specified in Section 3 to the district court and the district court judge shall issue a warrant of arrest directed to any law enforcement officer for the arrest of the tribal fugitive.

Section 6. The district court judge may call upon the district attorney to investigate the demand for extradition, to report the situation and circumstances of the person so demanded, and to recommend whether the person should be surrendered.

Section 7. (a) No tribal fugitive shall be delivered to an agent appointed by the tribe to receive the tribal fugitive until first being taken before the district court judge, who shall inform the accused tribal fugitive of the demand for extradition, the crime charged, and of his or her right to request counsel.

(b)(1) If the accused tribal fugitive or his or her counsel state the desire to test the legality of the arrest, the accused tribal fugitive shall be taken before the district court judge within 72 hours for an extradition proceeding.

(2) The time and place of the extradition proceeding shall be given by the court conducting the proceeding to the district attorney of the county and to the Office of the Attorney General of the tribe.

(c)(1) A formal extradition proceeding under this act may be waived if the accused tribal fugitive making the waiver, knowingly, and in the presence of the district court judge, signs a statement that the accused tribal fugitive consents to return to the demanding authority.

(2) Before a waiver under this subsection may be executed, the district court judge shall inform the accused tribal fugitive of his or her rights and the procedures available to him or her under this section.

(d) Nothing in this section shall be construed to imply that an accused tribal fugitive is entitled to an attorney at the expense of the state.

Section 8. (a) If the district court judge determines the accused person is a tribal fugitive, then the tribal fugitive shall be surrendered to an agent of the tribe.

(b) The guilt or innocence of the accused tribal fugitive may not be inquired into by the district court judge in an extradition proceeding except as may be necessary to identify the person held as being the tribal fugitive charged of a crime by the tribe.

Section 9. Notwithstanding Sections 5 and 8, a law enforcement or corrections agency in the county holding an accused tribal fugitive may deliver the accused tribal fugitive to the duly accredited agent of the tribe without the requirement of a warrant if both of the following requirements are met:

(1) The accused tribal fugitive has signed a prior waiver of extradition in the tribal court of the tribe as a condition of bond, parole, or probation.

(2) The law enforcement or corrections agency holding the accused tribal fugitive has received a copy of the prior waiver of extradition and any information identifying the accused tribal fugitive as the person who signed the waiver.

Section 10. The law enforcement officer or person executing the warrant of arrest or the agent of the tribe to whom the tribal fugitive may have been delivered, if necessary, may confine the tribal fugitive in a jail of the county and the keeper of the jail shall receive and safely keep the tribal fugitive in accordance with any applicable Memoranda of Understanding between the tribe and the county.

Section 11. An extradition proceeding provided for by this act may not interfere with or supersede a formal proceeding under Article 2 of Chapter 9 of Title 15 of the Code of Alabama 1975, relating to extradition by the Governor of Alabama.

Section 12. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Escambia County

Indians

District Attorneys

Judge, District

Court, District

Judicial Circuits

Jails

Extradition

Fugitives