SISSETON-WAHPETON SIOUX TRIBE
CHAPTER 30
JOINT EXERCISE OF POWERS AGREEMENT
RECIPROCAL EXTRADITION ORDINANCE
The ordinance authorizes the Tribal Chairman of the Sisseton-Wahpeton Sioux Tribe to enter into reciprocal agreements with the Executive Authority of any Reservation, State or Federal Government to provide for a more orderly and more uniform law enforcement in the area commonly referred to as the Lake Traverse Reservation.
30-01-01 DEFINITION OF TERMS
30-01-02 Executive Authority - includes any person performing the functions of Tribal Chairman of any federally recognized Indian Tribe or the Governor of any State or the United States Attorney representing any Federal District.
30-01-03 Fugitives from Justice - shall mean any person charged in any other jurisdiction with any crime, who has fled from that jurisdiction in order to avoid prosecution, any person who has fled from another jurisdiction while under a cash bail bond, personal recognizance bond, any person who has failed to appear for sentencing in another jurisdiction, probation violators, parole violators, inmates on temporary release from any State penitentiary or jail.
30-01-04 Jurisdiction - shall mean any other reservation, state or the federal government that has charged a fugitive from justice.
30-02-01 FUGITIVES FROM JUSTICE: DUTY TO CAUSE ARREST AND DELIVERY
It is the duty of the Tribal Chairman of the Sisseton-Wahpeton Sioux Tribe to
have arrested and delivered up to the demanding Executive Authority of any other
jurisdiction any fugitive from justice that has committed an offense in another
jurisdiction. The Tribal Chairman shall also have the authority to demand from
any other jurisdiction, a fugitive from justice that has committed an offense
within the jurisdiction of the Lake Traverse Reservation and fled to another
jurisdiction in order to avoid prosecution, sentencing or jail time or other
proceedings.
30-02-02 Form of Demand
No demand for extradition of a person charged with a crime in another
jurisdiction shall be honored unless in writing alleging that the accused was
present in the demanding jurisdiction at the time of the commission of the
offense. The demand shall be accompanied by:
1. an indictment/complaint
2. an affidavit from the Executive Authority requesting the extradition,. with a
statement that the person has committed the offense claimed
3. copy of the warrant-signed by a Judge
4. copy of the judgement or conviction or sentence imposed or of the probation
violation, parole violation or bond violation
30-03-01 INVESTIGATION BY THE TRIBAL CHAIRMAN
When a demand is made upon the Tribal Chairman for a fugitive from justice, the
Tribal Chairman shall call upon the Prosecutor of the Tribe to investigate or
assist in investigating the demand and submit a report to him in writing of the
circumstances of the person so demanded.
30-04-01 PROCEDURE FOR ARREST AND TRANSFER
30-04-02 Warrant of Arrest if it is determined by the Tribal Chairman that the fugitive should be transferred to the demanding jurisdiction the Chairman shall sign a warrant of arrest.
30-04-03 The warrant of arrest must substantially cite the facts necessary to the validity to its issuance.
30-05-01 MANNER AND PLACE OF ARREST
30-05-02 The Chairman's warrant of arrest shall authorize a Tribal Police officer to arrest the accused at any time and anywhere within the jurisdiction of the Tribe and deliver the accused up to the demanding jurisdiction in accordance with the provisions of this chapter.
30-05-03 Tribal Police Officers are empowered with all rights and privileges accorded them under color of law and any resistance by the accused shall be subject to tribal violations.
30-06-01 HEARING OF EXTRADITION: RIGHTS OF ACCUSED PRIOR TO DELIVERY
Every person arrested on the Tribal Chairman's warrant of arrest shall be taken
before a Tribal Judge, who shall inform the accused of the demand made for
his/her surrender and of the crime with which he/she is charged, and the right
to demand and procure legal counsel.
30-07-01 APPLICATION FOR HABEAS CORPUS
When an accused is taken before a Tribal Judge, the accused shall be fully
informed of his/her rights including the right to habeas corpus relief.
30-07-02 The Tribal Judge shall fix a reasonable time to be allowed for, the accused to apply for a writ of habeas corpus in Tribal Court. When such a writ is applied for, notice thereof, and of time and place of hearing shall be given to the-accused, office of Prosecutor of the Tribe, and to the agent of the demanding jurisdiction.
30-08-01 CONFINEMENT IN JAIL
After the issuance of the warrant of arrest by the Tribal Chairman, the accused
shall be lodged in the Tribal Detention Center no longer than seventy-two (72)
hours pending the hearing before the Tribal Judge who will fully inform the
accused of his/her rights.
30-09-01 RIGHT TO BAIL
The accused shall not have a right to bail upon arrest by a Tribal Police
officer pending the hearing on transfer to the demanding jurisdiction. Bail may
be set at the hearing on the transfer in accordance with Section 30-06-01, after
which bail may be set if the accused is applying for a writ of habeas corpus.
30-09-02 Unless the offense with which the accused is charged is punishable by death or life imprisonment under the laws of the demanding jurisdiction, the Judge may, set bail in accordance with bail set for offenses under Tribal law. If the offense is an offense not covered by Tribal law then it is left to the discretion of the Judge to set bail at a reasonable amount.
30-10-01 NO INQUIRY INTO GUILT OR INNOCENCE
The guilt or innocence of the accused of the crime charged may not be inquired,
into by the Chairman or by the Tribal Judge in any proceeding after the demand
for extradition is submitted, other than to the identification of the accused.
30-11-01 WRITTEN WAIVER OF EXTRADITION PROCEEDINGS
Any person arrested on this reservation and charged with an offense committed in
another jurisdiction, may, before a Tribal Judge waive all extradition
proceedings by signing a written Waiver of Extradition before two witnesses,
thereby waiving all rights to habeas corpus belief and consenting to be
delivered up to the Executive Authority or his/her agent of the demanding
jurisdiction, whereupon the accused shall be delivered up to a law enforcement
officer of the demanding jurisdiction within twenty-four hours.
30-12-01 COSTS ASSOCIATED WITH THE TRANSFER OF AN ACCUSED
Any and all costs associated with transportation of an accused shall be borne by
the demanding jurisdiction:.
30-13-01 DOCUMENTS ON FILE
All documents-associated with the extradition proceedings shall be kept on file
in. the Office of the Clerk of Courts.
30-14-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for any
reason be adjudicated by any Court of competent jurisdiction, to be invalid or
unconstitutional, such judgement shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof directly involved in the
controversy in which the judgement shall have been rendered.