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Legislation/Policy/Procedure

Title: Sisseton-Wahpeton Sioux Tribe Joint Exercise of Powers Agreement Reciprocal Extradition Ordinance
Parties: Sisseton-Wahpeton Sioux Tribe and Any Reservation, State, or Federal Government

Description:

This tribal ordinance permits the tribal chairman to enter into reciprocal law enforcement agreements with any reservation, state, or federal government for the Lake Traverse Reservation. Key provisions of the agreement include:

  • It is the tribal chairman’s duty to demand extradition of fugitives from the reservation and to have any fugitives found in the reservation arrested and delivered to any demanding jurisdiction.
  • Extradition demands must be in writing and must include all of the enumerated elements.
  • Before answering any extradition demands, the prosecutor will investigate the demand.
  • Procedure for arresting and transferring fugitives.
  • Any arrestee will be taken before a tribal judge within seventy-two hours, during which there will be no inquiry into guilt or innocence. The arrestee has the right to apply for habeas corpus or to waive extradition.
  • An arrestee has the right to bail, unless the charge is punishable by life imprisonment.
  • The demanding jurisdiction will bear all of the costs.