Conditions of rendition
This law is about what happens when one state wants another state to send back a person who is accused of not paying support (like child support). Before Missouri demands another state send someone back, Missouri may first check that support proceedings were started at least 60 days ago, or that starting them would not help. If another state asks Missouri to send someone back, Missouri may have a prosecutor look into it first. If support proceedings would work but have not been started yet, Missouri may wait a reasonable amount of time to let them get started. If the person accused of not paying wins the support case, Missouri may refuse to send them. If the person loses the case but is following the support order, Missouri may also refuse to send them.
454.1722. Conditions of . — (a) Before making a that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an , the governor of this state may require a of this state to demonstrate that at least sixty days previously the obligee had initiated s for support sections 454.1500 to 454.1728 or that the proceeding would be of no avail.
(b) If, under sections 454.1500 to 454.1728 or a law substantially similar to sections 454.1500 to 454.1728, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded , the governor may decline to honor the demand. If the prevails and the individual whose rendition is demanded is subject to a , the governor may decline to honor the demand if the individual is complying with the support order.
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Source & history notes
(L. 2011 H.B. 260) Effective 6-15-16, see § 454.1728
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.