FSMC, TITLE 6.  JUDICIAL PROCEDURE

CHAPTER 17
Reciprocal Enforcement of Support

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SUBCHAPTER II
Criminal Enforcement

SECTIONS

§ 1721. Interstate rendition—Authority of High Commissioner.
§ 1722. Interstate rendition—Investigations of circumstances.

§ 1721. Interstate rendition—Authority of High Commissioner.

The High Commissioner of the Trust Territory may:

(1) demand of the Governor of another State the surrender of a person found in that State who is charged criminally in the Trust Territory with the failure to abide by an order of a court ordering him to provide for the support of any person; or

(2) surrender on demand by the Governor of another State a person found in the Trust Territory who is charged criminally in that State with failing to provide for the support of any person. Provisions for extradition of criminals not inconsistent with this chapter apply to the demand even if the person whose surrender is demanded was not in the demanding State at the time of the commission of the crime and has not fled therefrom. The demand, the oath, and any proceedings for extradition pursuant to this section need not state or show that the person whose surrender is demanded has fled from justice or that at the time of the commission of the crime said person was in the demanding State.

Source: COM PL 4C-37 § 1; TT Code 1980, 39 TTC 351.

§ 1722. Interstate rendition—Investigations of circumstances.

(1) Before making the demand upon the Governor of another State for the surrender of a person charged criminally in the Trust Territory with the failure to abide by an order of a court ordering him to provide for the support of a person, the High Commissioner of the Trust Territory may require the Attorney General of the Trust Territory to satisfy him that at least sixty days prior thereto the obligee initiated proceedings for support under this chapter or that any such proceeding would be of no avail.

(2) If, under a substantially similar act, the Governor of another State makes a demand upon the High Commissioner of the Trust Territory for the surrender of a person charged criminally in that State with failure to provide for the support of a person, the High Commissioner may require the Attorney General to investigate the demand and to report to him whether proceedings for support have been initiated or would be effective. If it appears to the High Commissioner that a proceeding would be effective but has not been initiated, he may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(3) If proceedings have been initiated, and the person demanded has prevailed therein, the High Commissioner may decline to honor the demand. If the obligee prevailed and the person demanded is subject to a support order, the High Commissioner may decline to honor the demand if the person demanded is complying with the support order.

Source: COM PL 4C-37 § 1; TT Code 1980, 39 TTC 352.