20-88.80 - Conditions of rendition. - Virginia Statutes

§ 20-88.80. Conditions of rendition.

A. Before making a demand that the governor of another state surrender anindividual charged criminally in the Commonwealth with having failed toprovide for the support of an obligee, the Governor of the Commonwealth mayrequire a prosecutor of the Commonwealth to demonstrate that at least 60 dayspreviously the obligee had initiated proceedings for support pursuant to thischapter or that the proceeding would be of no avail.

B. If, under this chapter or a law substantially similar to this chapter, thegovernor of another state makes a demand that the Governor of theCommonwealth surrender an individual charged criminally in that state withhaving failed to provide for the support of a child or other individual towhom a duty of support is owed, the Governor may require a prosecutor toinvestigate the demand and report whether a proceeding for support has beeninitiated or would be effective. If it appears that a proceeding would beeffective but has not been initiated, the Governor may delay honoring thedemand for a reasonable time to permit the initiation of a proceeding.

C. If a proceeding for support has been initiated and the individual whoserendition is demanded prevails, the Governor may decline to honor the demand.If the petitioner prevails and the individual whose rendition is demanded issubject to a support order, the Governor may decline to honor the demand ifthe individual is complying with the support order.

(1994, c. 673; 2005, c. 754.)