The Vermont Statutes Online

Title 18: Health

Chapter 211: Uniform Act for Extradition of Persons of Unsound Mind

• § 9101. Definitions

  The words “flight” and “fled” as used in this chapter shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which such proceedings may have been instituted or be pending, or any such departure from the state where the person demanded then was, if he or she then were under detention by law as a person of unsound mind and subject to detention. The word “state” wherever used in this chapter, shall include states, territories, districts, and insular and other possessions of the United States. As applied to a request to return any person within the purview of this chapter to or from the District of Columbia, the words “executive authority,” “governor,” and “chief magistrate” respectively shall include a judge of the U.S. District Court for the District of Columbia and other authority. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)

• § 9102. Who may be extradited

  A person alleged to be of unsound mind found in this State, who has fled from another state, shall, on demand of the executive authority of the state from which he or she fled, be delivered up to be removed thereto, if at the time of his or her flight:

  (1) He or she was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind; or

  (2) He or she had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of his or her person having been acquired by a court of competent jurisdiction of the state from which he or she fled; or

  (3) He or she was subject to detention in such state, being then his or her legal domicile (personal service of process having been made) based on legal proceedings there pending to have him or her declared of unsound mind. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)

• § 9103. Duty of Governor

  When the executive authority of any state demands of the Governor any fugitive within the purview of section 9102 of this title and produces a copy of the commitment, decree, or other judicial process and proceedings, certified as authentic by the Governor or chief magistrate of the state whence the person so charged has filed, with an affidavit made before a proper officer showing the person to be such a fugitive, the Governor shall cause him or her to be apprehended and secured, if found in this State, and to cause immediate notice of his or her apprehension to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he or she shall appear. If such agent does not appear within 30 days from the time of the apprehension, the fugitive may be discharged. All costs and expenses incurred in apprehending, security, maintaining, and transmitting such fugitive to the state making such demand, shall be paid by such state. An agent so appointed who receives the fugitive into his or her custody shall be empowered to transport him or her to the state from which he or she has fled. The Governor is hereby vested with the power, on the application of any person interested, to demand the return to this State of any fugitive within the purview of this chapter. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)

• § 9104. Limitation on proceedings

  Any proceedings under this chapter shall be begun within one year after the flight therein referred to. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)

• § 9105. Uniformity of interpretation

  This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)