Home | Business4WV | News Center
FacebookFollow Secretary Tennant on Twitter Subscribe to Secretary Tennant's Videos on Vimeo   Font size: A-  A  A+

 Requisitions, Waivers and Extraditions

What are Requisitions, Waivers and Extraditions?

These official actions of a governor are used when the custody of accused or convicted criminals is transferred between states.

If a person is accused of committing a crime in West Virginia but has fled to another state, a fugitive warrant may be issued to bring that person back to face charges in West Virginia.   If that person is arrested, the "asylum state" contacts West Virginia law enforcement to determine whether our state, the "demand state," still wants to bring the accused back and is willing to extradite that person.   If so, a hearing is held on the fugitive warrant, and the accused has specific rights. 

During the extradition proceedings, the accused fugitive may agree to be returned to West Virginia to face charges without further court action by signing a waiver of extradition.  This agreement allows West Virginia law enforcement officials to take immediate custody of the fugitive and return to West Virginia. Click here to see an example of an extradition. 

(The examples shown represent actual documents, but the names of the individuals have been removed.)

 Click this icon to see an example of an extradition.

If the accused refuses to waive extradition, the county prosecutor where the crime was committed applies to the Governor for a requisition to be issued.   If the documents are in order, the Governor issues the requisition, and appoints an agent to take custody of the accused.

Click here to see an example of a requisition.
The requisition goes to the asylum state governor, who may issue a warrant to the sheriff of the county where the fugitive is held, ordering the fugitive turned over to the appointed agent.

Click this icon to see an example of an requisition.

The same series of events happens when another state seeks to have a person returned from West Virginia to face charges there.  Sometimes, differences in the severity of sentencing between states may result in contested extradition proceedings.  For example, if murders have been committed in two states and one of the states has a death penalty and the other does not, a fugitive may try to avoid extradition to the state with the death penalty.

Requisitions issued by the Governor of West Virginia are on file and entered in the Executive Journal.  Waivers signed by persons in West Virginia agreeing to be taken to another state are also on file but are not recorded in the Executive Journal.

Related Laws

Several sections of West Virginia Code refer to requisitions, waivers and extraditions.  To search other parts of the Code, visit the Legislature's web site and select WV Code

Requesting Information and Copies of Extraditions or Waivers 

These documents are public information and copies may be ordered.  To order a copy, please specify the individual's name, the other state involved, and the approximate date this occurred.

 

To request information by e-mail about requisition, waiver or extradition, click the icon.  Requests which require an extensive search of older records may be subject to search fees.

  Click here to request information by email about requisition, waiver or extradition 
       
 

 To order copies or certified copies on-line, click the icon.

   Click here to order copies or certified copies online

   Executive Records Main Page    Executive Records Services