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Code · Massachusetts · Part IV — CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES · Title II — PROCEEDINGS IN CRIMINAL CASES · Chapter 276

Section 20L: Application for requisition

457 words·~2 min read·/ma/part-iv/title-ii/chapter-276/20l

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Section 20L.
(a)Whenever the return to this commonwealth of a person charged with crime herein is required, the attorney general, or the district attorney for the district in which the crime is alleged to have occurred, shall present to the governor his written application for a requisition for the return of the person charged, in which application there shall be included a statement of the name of the person so charged and the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein, at the time the application is made, and a certificate that, in the opinion of the said attorney general or district attorney, the ends of justice require the arrest and return of the accused to this commonwealth for trial, and that the proceeding is not instituted to enforce a private claim.
(b)Whenever the return to this commonwealth is required of a person who has been convicted of a crime herein and has escaped from confinement or has broken the terms of his bail, probation or parole, the district attorney for the district in which the crime is alleged to have occurred, the parole board or the warden or superintendent of the institution from which escape was made, shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, and the state in which he is believed to be, including the location of the person therein, at the time the application is made.
(c)The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or of the complaint made to a court or justice, stating the offence with which the accused is charged, or of the judgment of conviction or of the sentence. The attorney general, district attorney, parole board, warden or superintendent may also attach such further affidavits or other documents in duplicate as he or it may deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment or complaint, or of the judgment of conviction or of the sentence shall be filed in the office of the state secretary to remain of record in that office. The other copies of all such papers shall be forwarded with the requisition of the governor.
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