Md. Code, Criminal Procedure, Title 9

Md. Code, Criminal Procedure, Title 9
in effect

Md. Code, Criminal Procedure § 9-101

(a) In this subtitle the following words have the meanings indicated. (b) In this title, “executive authority” includes the Governor and any person performing the functions of governor in a state other than this State. (c) (1) “State” means a state other than this State. (2) “State” includes the District of Columbia and any other state or territory of the United States of America.

Md. Code, Criminal Procedure § 9-102

Subject to the provisions of this title, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this State.

Md. Code, Criminal Procedure § 9-103

(a) A demand for the extradition of a person charged with crime in another state may not be recognized by the Governor unless it is: (1) in writing and alleging, except in cases arising under § 9-106 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from the state; and (2) accompanied by: (i) a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a justice of the peace or magistrate there, together with a copy of any warrant which was issued thereupon; or (ii) a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person’s bail, probation, or parole. (b) (1) The indictment, information, or affidavit made before the magistrate or justice of the peace must substantially charge the person demanded with having committed a crime under the law of that state. (2) The copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.

Md. Code, Criminal Procedure § 9-104

When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State: (1) to investigate or assist in investigating the demand; and (2) to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.

Md. Code, Criminal Procedure § 9-105

(a) When it is desired to have returned to this State a person charged in this State with a crime, and the person is imprisoned or is held under criminal proceedings then pending in another state, the Governor of this State may agree with the executive authority of the other state for the extradition of the person before the conclusion of proceedings or term of sentence in the other state, upon condition that the person be returned to the other state at the expense of this State as soon as the prosecution in this State is terminated. (b) The Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State who is charged in the manner provided in § 9-123 of this title with having violated the laws of the state whose executive authority is making the demand, even though the person left the demanding state involuntarily.

Md. Code, Criminal Procedure § 9-106

(a) (1) Except as provided in subsection (b) of this section, the Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State charged in the other state in the manner provided in § 9–103 of this title with committing an act in this State or in a third state that intentionally results in a crime in the state whose executive authority is making the demand. (2) The provisions of this title that are not otherwise inconsistent shall apply to cases described in paragraph (1) of this subsection, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom. (b) (1) In this subsection, “legally protected health care services” has the meaning stated in § 2–312 of the State Personnel and Pensions Article. (2) Unless compelled by a writ of mandamus issued by a federal court, the Governor may not surrender a person on demand of the executive authority of any other state if the alleged act for which surrender is being demanded relates to providing, procuring, or aiding another in providing or procuring legally protected health care services and the act would not be a crime in the State.

Md. Code, Criminal Procedure § 9-107

(a) If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest. The warrant shall be sealed with the State seal and be directed to any law enforcement officer or other person whom the Governor may think fit to entrust with the execution thereof. (b) The warrant must substantially recite the facts necessary to the validity of its issuance.

Md. Code, Criminal Procedure § 9-108

A warrant issued under § 9-107 of this title shall authorize the law enforcement officer or other person to whom it is directed: (1) to arrest the accused at any time and any place where the accused is found within the State; (2) to command the aid of all law enforcement officers or other persons in the execution of the warrant; and (3) to deliver the accused, subject to the provisions of this title, to the duly authorized agent of the demanding state.

Md. Code, Criminal Procedure § 9-109

A law enforcement officer or other person empowered to make the arrest under § 9-108 of this title has the same authority in arresting the accused to command assistance as law enforcement officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

Md. Code, Criminal Procedure § 9-110

(a) (1) A person arrested upon a warrant issued under § 9–107 of this title may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record in this State, who shall inform the person: (i) of the demand made for surrender; (ii) of the crime charged; and (iii) of the right to demand and procure legal counsel. (2) If the person arrested or the person’s counsel shall state a desire to test the legality of the arrest, the judge shall fix a reasonable time within which the person can apply for a writ of habeas corpus. (b) When the writ is applied for, notice thereof and of the time and place of hearing thereon shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state. (c) If the application for a writ of habeas corpus after an extradition hearing only is denied by the trial court, the denial may be appealed to the Appellate Court of Maryland

Md. Code, Criminal Procedure § 9-111

(a) An officer may not deliver to the agent for extradition of the demanding state a person in the officer’s custody under the Governor’s warrant in willful disobedience to § 9-110 of this title. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both. (c) The trial of a case brought for a violation of this section shall be conducted in the circuit court of the county in which the violation was committed.

Md. Code, Criminal Procedure § 9-112

(a) (1) The officer or person executing the Governor’s warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the correctional facility of any county or municipal corporation through which the officer, person, or agent may pass. (2) The managing official of the correctional facility must receive and safely keep the prisoner until the officer, person, or agent having charge of the prisoner is ready to proceed. (3) The officer, person, or agent is chargeable with the expense of keeping the prisoner. (b) (1) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in another state, and who is passing through this State with the prisoner for the purpose of immediately returning the prisoner to the demanding state may, when necessary, confine the prisoner in the correctional facility of any county or municipal corporation through which the officer or agent may pass. (2) The managing official of the correctional facility must receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed. (3) The officer or agent is chargeable with the expense of keeping the prisoner. (4) The officer or agent shall produce and show to the managing official of the correctional facility satisfactory written evidence of the fact that the officer or agent is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state. (5) The prisoner is not entitled to demand a new requisition while in this State.

Md. Code, Criminal Procedure § 9-113

(a) This section applies whenever: (1) it is charged on the oath of a credible witness before a judge or District Court commissioner that a person in this State: (i) has committed a crime in another state and, except in cases arising under § 9-106 of this title, has fled from justice; or (ii) has been convicted of a crime in another state and has escaped from confinement or has broken the terms of bail, probation, or parole; or (2) complaint is made before a judge or District Court commissioner in this State setting forth on the affidavit of a credible person in another state that a person is believed to be in this State and: (i) that a crime has been committed in the other state, the person has been charged in the other state with committing the crime and, except in cases arising under § 9-106 of this title, the person has fled from justice; or (ii) that the person has been convicted of a crime in the other state and has escaped from confinement or has broken the terms of bail, probation, or parole. (b) A judge or District Court commissioner shall issue a warrant directed to any law enforcement officer commanding the officer to apprehend the person named therein, wherever found in this State, and to bring the person before the judge, District Court commissioner, or any other judge or court available in or convenient to the place where the arrest may be made, to answer the charge or complaint and affidavit. (c) A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

Md. Code, Criminal Procedure § 9-114

(a) The arrest of a person may be lawfully made also by any law enforcement officer without a warrant upon reasonable information that the accused stands charged in a court of a state with a crime punishable by death or imprisonment for a term exceeding 1 year. (b) When an accused is arrested under subsection (a) of this section: (1) the accused must be taken before a judge or District Court commissioner with all practicable speed; (2) complaint must be made against the accused under oath setting forth the ground for the arrest as in § 9-113 of this title; and (3) thereafter, the answer of the accused shall be heard as if the accused had been arrested on a warrant.

Md. Code, Criminal Procedure § 9-115

If, from the examination before the judge or District Court commissioner, it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under § 9-106 of this title, that the person has fled from justice, the judge or District Court commissioner must, by a warrant reciting the accusation, commit the person to the local correctional facility for a term specified in the warrant but not exceeding 30 days, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the crime, unless the person gives bail as provided in § 9-116 of this title or until the person is legally discharged.

Md. Code, Criminal Procedure § 9-116

(a) Except as provided in subsection (b) of this section, and unless the crime with which the person arrested is charged is shown to be a crime punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this State may admit the person arrested to bail by bond, with sufficient sureties, and in the sum the judge deems proper, conditioned for the person’s appearance before the judge at a time specified in the bond, and for the person’s surrender, to be arrested upon the warrant of the Governor of this State. (b) A judge may not admit a person to bail by bond under subsection (a) of this section for the first 10 days following the person’s: (1) arrest under or service with a Governor’s warrant under this title; or (2) signing a waiver of extradition proceedings under this title.

Md. Code, Criminal Procedure § 9-117

If the accused is not arrested under warrant of the Governor within the time specified in the warrant or bond, a judge or District Court commissioner may discharge the accused or recommit the accused for a further period not to exceed 60 days, or a judge or District Court commissioner may again take bail for the accused’s appearance and surrender, as provided in § 9-116 of this title, but within a period not to exceed 60 days after the date of the new bond.

Md. Code, Criminal Procedure § 9-118

(a) If the accused is admitted to bail and fails to appear and surrender according to the conditions of the bond, the judge or District Court commissioner by proper order shall declare the bond forfeited and order the immediate arrest of the accused without warrant if the accused is within this State. (b) Recovery may be had on the bond in the name of the State as in the case of other bonds given by the accused in criminal proceedings within this State.

Md. Code, Criminal Procedure § 9-119

If a criminal prosecution has been instituted against a person under the laws of this State and is still pending, the Governor may: (1) surrender the person on demand of the executive authority of another state; or (2) hold the person until the person has been tried and discharged or convicted and punished in this State.

Md. Code, Criminal Procedure § 9-120

The guilt or innocence of the accused of the crime charged may not be inquired into by the Governor or in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in this title, has been presented to the Governor, except as it may be involved in identifying the accused as the person charged with the crime.

Md. Code, Criminal Procedure § 9-122

Whenever the Governor demands a person charged with crime or with escaping from confinement or breaking the terms of bail, probation, or parole in this State from the executive authority of any other state, the Governor shall issue a warrant under the seal of this State to an agent, commanding the agent to receive the person so charged and convey the person to the proper officer of the county in which the crime was committed.

Md. Code, Criminal Procedure § 9-123

(a) (1) When the return to this State of a person charged with a crime in this State is required, the State’s Attorney shall present to the Governor a written application for a requisition for the return of the person charged. (2) The application shall state: (i) the name of the person charged; (ii) the crime charged against the person; (iii) the approximate time, place, and circumstances of its commission; and (iv) the state in which the person is believed to be, including the location of the accused therein, when the application is made. (3) The application shall certify that in the opinion of the State’s Attorney, the ends of justice require the arrest and return of the accused to this State for trial, and the proceeding is not instituted to enforce a private claim. (b) (1) When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of bail, probation, or parole, the State’s Attorney of the county in which the crime was committed, the parole commission, or the managing official of the correctional facility or sheriff of the county from which escape was made shall present to the Governor a written application for a requisition for the return of the person. (2) The application shall state: (i) the name of the person; (ii) the crime of which the person was convicted; (iii) the circumstances of the escape from confinement or of the breach of the terms of bail, probation, or parole; and (iv) the state in which the person is believed to be, including the location of the person therein when application is made. (c) (1) The application shall be verified by affidavit, be executed in duplicate, and be accompanied by two certified copies of: (i) the indictment returned; (ii) the information and affidavit filed; (iii) the complaint made to the judge or District Court commissioner, stating the crime with which the accused is charged; (iv) the citation, stating the incarcerable crime with which the accused is charged; or (v) the judgment of conviction or the sentence. (2) The applicant may also attach further affidavits and other documents in duplicate. (3) One copy of the application with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, affidavits, citation, judgment of conviction, or sentence shall be filed in the office of the Secretary of State, to remain of record in that office. (4) The other copies of all papers shall be forwarded with the Governor’s requisition.

Md. Code, Criminal Procedure § 9-124

(a) (1) Any person arrested in this State charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation, or parole, may waive the issuance and service of the warrant provided for in §§ 9-107 and 9-108 of this title, and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this State a writing that states that the person consents to return to the demanding state. (2) Before a waiver is executed or subscribed by the person, it shall be the duty of the judge to inform the person of the right to the issuance and service of a warrant of extradition and the right to obtain a writ of habeas corpus as provided in § 9-110 of this title. (b) (1) If and when a consent has been duly executed, it shall forthwith be forwarded to the office of the Governor of this State and filed therein. (2) The judge shall: (i) direct the officer having the person in custody to deliver forthwith the person to a duly accredited agent of the demanding state; and (ii) deliver or cause to be delivered to the agent a copy of the consent. (c) (1) This section does not limit the rights of the accused person to return voluntarily and without formality to the demanding state. (2) This waiver procedure is not an exclusive procedure and does not limit the powers, rights, or duties of the officers of the demanding state or of this State.

Md. Code, Criminal Procedure § 9-125

(a) Nothing in this title is a waiver by this State of its right, power, or privilege to try a demanded person for a crime committed within this State, or of its right, power, or privilege to regain custody of a person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this State. (b) A proceeding under this title that results in, or fails to result in, extradition is not a waiver by this State of any of its rights, privileges, or jurisdiction.

Md. Code, Criminal Procedure § 9-126

After a person has been brought back to this State by or after waiver of extradition proceedings, the person may be tried in this State for other crimes that the person may be charged with having committed here, as well as that specified in the requisition for extradition.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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