407.5802 Conditions of rendition.

249 words·~1 min read·/ky/chapter-407/407-5802

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Before making a demand that the governor of another state surrender an individual

charged criminally in this state with having failed to provide for the support of an

obligee, the governor of this state may require a prosecutor of this state to

demonstrate that at least sixty

(60)days previously the obligee had initiated

proceedings for support pursuant to KRS 407.5101 to 407.5902 or that the

proceedings would be of no avail.

(2)If, under KRS 407.5101 to 407.5902, or a law substantially similar to KRS

407.5101 to 407.5902, the governor of another state makes a demand that the

governor of this state surrender an individual charged criminally in that state with

having failed to provide for the support of a child or other individual to whom a

duty of support is owed, the governor may require a prosecutor to investigate the

demand and report whether a proceeding for support has been initiated or would be

effective. If it appears that a proceeding would be effective but has not been

initiated, the governor may delay honoring the demand for a reasonable time to

permit the initiation of a proceeding.

(3)If a proceeding for support has been initiated and the individual whose rendition is

demanded prevails, the governor may decline to honor the demand. If the petitioner

prevails and the individual whose rendition is demanded is subject to a support

order, the governor may decline to honor the demand if the individual is complying

with the support order.