Legislation/Policy/Procedure
Parties: Fort McDowell Yavapai Community, States, and Other Indian Tribes
Date enacted/published: July 9, 1990; revisions 2000
Description:
Law and Order Code of the Fort McDowell Yavapai Community, Arizona, Chapter 7: Extradition. This code provides the conditions under which the tribe will extradite an accused person to a state or different Indian tribe’s jurisdiction. Key provisions include:
- Requirement for written request from the requesting jurisdiction.
- Requirement that the crime committed be a felony, except that any act made a crime by any Indian tribe will be interpreted as a felony for extradition purposes.
- The accused is not required to have been present at the scene of the crime if his or her actions intentionally resulted in the crime occurring in the requesting jurisdiction.
- Accused has right to file for habeas corpus.
- Accused has right to hearing in tribal court.
- Process for community to request extradition from other jurisdictions.
Parties: Navajo Nation, Other State Jurisdictions, and Other Tribal Jurisdictions
Date enacted/published: January 27, 1956; revisions May, 14, 1970
Description:
Navajo Nation Law and Order Code, Subchapter 7: Extradition. This code provides that the Navajo Nation will extradite an accused non-Navajo Indian to state authorities at the Navajo Reservation boundary.
- Extradition is limited to accused Indians.
- The accused has a right to a hearing in tribal court.
Parties: Navajo Nation and Other State Jurisdictions
Date enacted/published: May 14, 1970
Description:
The Navajo Nation Tribal Code concerning extradition originally limited extradition to the states of Arizona, New Mexico, and Utah, and therefore permitted Indians who committed crimes in other states to use the Navajo Nation as an asylum. The Navajo Tribal Council therefore issued this resolution to edit the provision to include any Indian who has committed a crime outside of Indian country.
Parties: Salt River Pima-Maricopa Indian Community, State of Arizona, and Other Tribal Jurisdictions
Date enacted/published: 1976
Description:
Salt River Pima-Maricopa Indian Community Tribal Code, Chapter 7: Extradition.
This code provides the conditions under which the tribe will extradite an accused person to a different Indian tribe’s jurisdiction or to the state of Arizona. Key provisions include:
- Requirement for written request from the requesting jurisdiction.
- Requirement that the crime committed be a felony, except that any act made a crime by any Indian tribe will be interpreted as a felony for extradition purposes.
- If Salt River desires to extradite an individual who is currently being held by another Indian tribe or by the state of Arizona, the corresponding executive authorities may agree to extradition without a written request.
- The accused is not required to have been present at the scene of the crime if his or her actions intentionally resulted in the crime occurring in the requesting jurisdiction.
- Accused has right to file for habeas corpus.
- Accused has right to hearing in tribal court.
- Any officer who wrongfully delivers an accused is guilty of an offense punishable by up to a $500 fine and/or imprisonment for up to six months.
- An officer may arrest the accused without a warrant if there is reasonable information that the accused is charged with a crime that is punishable by death or imprisonment for more than one year.
- Process for the community to request extradition from other jurisdictions.
Parties: Arizona tribal courts, Arizona courts
Date enacted/published: unknown
Description:
This is a chart that describes the method of serving process established by each Indian nation in Arizona.
For additional information contact:David Withey
dwithey@courts.az.gov
State, Tribal and Federal Court Forum
Arizona Judicial Branch
Parties: White Mountain Apache Tribe, Any State of the United States, and Other Tribal Jurisdictions
Description:
White Mountain Apache Criminal Code, Chapter 3: Extradition. This code provides the conditions under which the tribe will extradite an accused person to a state or different Indian tribe’s jurisdiction. Key provisions include:
- Requirement for written request and a copy of the indictment.
- Accused has right to file for habeas corpus.
- Nontribal law enforcement in “close pursuit” has authority to enter the reservations and arrest the fleeing person.
