An individual has a warrant in two US states (Colorado and Illinois) for running away from probation for a domestic abuse/stalking issue. This person is now in Arizona. Are there systems whereby they can be "deported" to CO to deal with their crime or do they have immunity while away?
Article IV, Section 2, Clause 2 of the US Constitution says
A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
18 USC 3182 then says that when a governor demands any person as a fugitive, coupled with appropriate paperwork (an indictment or the like), then the governor of the state where the accused is to be arrested and returned to the charging state. The Uniform Criminal Extradition Act is designed to harmonize extradition across jurisdictions: here is the Washington version, and this is the Illinois instantiation. Arizona has an extradition law ARS 13.3841-13.3870.02: if there is a warrant, then that indicates that the offense counts as a crime.
The process is called rendition and is similar to extradition between sovereign nations.
Uniform laws to give effect to this are in place in 48 of 50 states (the only exceptions being South Carolina and Missouri). The process in these states is:
- A valid arrest warrant issued by the demanding state
- A request from the Executive Authority of the demanding state (typically the Governor)
- A judicial hearing in the state having custody of the wanted person
- A waiver of extradition by the wanted person or a judicial finding that the Governor’s request follows all legal requirements if extradition is not waived
- Custody taken by the demanding state of the wanted person within 30 days
- If the demanding state does not take custody within 30 days, the prisoner may be discharged.
For other states and for rendition between states and the Federal government slightly different processes apply.