HB586 Alabama 2017 Session

Summary

Primary Sponsor

Alan BakerRepresentative

Republican

Session

Regular Session 2017

Title

Escambia Co., extradition, tribal fugitive, 21st Jud. Cir. district attorney authorized to extradite to Poarch Band of Creek Indians under certain conditions, procedures, extradition proceedings, confinement in county jail authorized

Summary

HB586 lets Escambia County extradite tribal fugitives to the Poarch Band of Creek Indians under defined conditions, with specific procedures and potential confinement in a county jail.

What This Bill Does

Defines terms and states that a tribal fugitive found in Escambia County may be extradited to the Poarch Band under this act. Requires a written extradition demand with a detailed list of items and documents, and sets procedures for extradition hearings (including a 72-hour appearance and right to counsel). Allows surrender to tribal agents and may permit confinement in a county jail under state–tribal agreements; permits delivery without a warrant if a prior tribal waiver exists; notes the act does not override Governor extradition processes and takes effect immediately after approval.

Who It Affects

• Tribal fugitives (members of the Poarch Band of Creek Indians) located in Escambia County: may be extradited to the tribe, with rights to an extradition proceeding and possible confinement in a county jail.
• Escambia County and its law enforcement system (District Attorney of the 21st Judicial Circuit, county jail, and officers): responsible for processing extradition requests, conducting hearings, and potentially holding the fugitive in jail under intergovernmental agreements.
• Poarch Band of Creek Indians: can obtain extradition of tribal fugitives from Escambia County under the procedures outlined in the act.
• The district court and judge: oversee the extradition process, inform the fugitive of rights, and determine whether surrender should occur.

Key Provisions

• Extradition authority: If a tribal fugitive is found in Escambia County, they may be extradited to the Poarch Band of Creek Indians under this act.
• Written demand requirements: A demand for extradition must be in writing and include sworn statements, arrest warrants, any convictions, bail/probation/parole terms, waivers, and identifying information.
• Extradition hearing framework: The district court judge must ensure the fugitive is present (within 72 hours), inform them of rights, and that the extradition proceeding may be waived only with informed consent; the judge may require the district attorney to investigate and report.
• Surrender and guilt inquiry: If the court determines the person is a tribal fugitive, they shall be surrendered to the tribal agent, and the court may not inquire into guilt beyond identifying the person as the tribal fugitive.
• Delivery without warrant: A fugitive may be delivered to the tribal agent without a warrant if there is a prior waiver of extradition and proper identification documents are provided.
• County jail confinement: If necessary, the fugitive may be confined in a county jail under applicable intergovernmental memoranda of understanding.
• Non-override of Governor process: The act does not interfere with or supersede a Governor-based extradition process under existing Alabama law.
• Effective date: The act becomes law immediately after the Governor signs it.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Escambia County