§ 52C-8-802. Conditions of rendition. - North Carolina Statutes

§52C‑8‑802.  Conditions of rendition.

(a)        Before makingdemand that the governor of another state surrender an individual chargedcriminally in this State with having failed to provide for the support of anobligee, the Governor of this State may require a prosecutor of this State todemonstrate that at least 60 days previously the obligee has initiatedproceedings for support pursuant to this Chapter or that the proceeding wouldbe of no avail.

(b)        If, under thisChapter or a law substantially similar to this Chapter, the Uniform ReciprocalEnforcement of Support Act, or the Revised Uniform Reciprocal Enforcement ofSupport Act, the governor of another state makes a demand that the Governor ofthis State surrender an individual charged criminally in that state with havingfailed to provide for the support of a child or other individual to whom a dutyof support is owed, the governor may require a prosecutor to investigate thedemand and report whether a proceeding for support has been initiated or wouldbe effective. If it appears that a proceeding would be effective but has notbeen initiated, the governor may delay honoring the demand for a reasonabletime to permit the initiation of a proceeding.

(c)        If a proceeding forsupport has been initiated and the individual whose rendition is demandedprevails, the governor may decline to honor the demand. If the petitionerprevails and the individual whose rendition is demanded is subject to a supportorder, the governor may decline to honor the demand if the individual iscomplying with the support order. (1995, c. 538, s. 7(c).)