Okla. Stat. tit. 22, § 22-731
This is the official text of Okla. Stat. tit. 22, § 22-731, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Transfer order - Determinations necessary - Copy of
Official statutory text
certificate attached - Directions and prescriptions -
Responsibilities of requesting jurisdiction.
A. A judge may issue a transfer order if, at the hearing, the
judge determines as follows:
1. The witness may be material and necessary to the proceeding;
2. His attendance and testimony are not adverse to the interest
of this state or to the health or legal rights of the witness;
3. The laws of the state in which he is requested to testify
will give him protection from arrest and the service of civil and
criminal process due to any act committed prior to his arrival in
the state under the order; and
4. The possibility is negligible that the witness may be
subject to arrest or to the service of civil or criminal process in
any state through which he will be required to pass.
B. If a judge issues an order under subsection A of this
section, the judge shall attach to the order a copy of the
certificate presented pursuant to Section 3 of this act. The order
shall:
1. Direct the witness to attend and testify;
2. Except as provided by subsection C of this section, direct
the person having custody of the witness to produce him in the court
where the criminal proceeding is pending or where the grand jury is
sitting at a time and place specified in the order; and
3. Prescribe such other conditions as the judge shall
determine.
C. The judge, in lieu of directing the person having custody of
the witness to produce him in the requesting jurisdiction's court,
may direct and require in the order as follows: 1. An officer of
the requesting jurisdiction to come to the Oklahoma penal
institution in which the witness is confined to accept custody of
the witness for physical transfer to the requesting jurisdiction;
2. The requesting jurisdiction provide proper safeguards for
his custody while in transit;
3. The requesting jurisdiction be liable for and pay all
expense incurred in producing and returning the witness, including
but not limited to food, lodging, clothing, and medical care; and
4. The requesting jurisdiction promptly deliver the witness
back to the same or another Oklahoma penal institution as specified
by the Department of Corrections at the conclusion of his testimony.
Responsibilities of requesting jurisdiction.
A. A judge may issue a transfer order if, at the hearing, the
judge determines as follows:
1. The witness may be material and necessary to the proceeding;
2. His attendance and testimony are not adverse to the interest
of this state or to the health or legal rights of the witness;
3. The laws of the state in which he is requested to testify
will give him protection from arrest and the service of civil and
criminal process due to any act committed prior to his arrival in
the state under the order; and
4. The possibility is negligible that the witness may be
subject to arrest or to the service of civil or criminal process in
any state through which he will be required to pass.
B. If a judge issues an order under subsection A of this
section, the judge shall attach to the order a copy of the
certificate presented pursuant to Section 3 of this act. The order
shall:
1. Direct the witness to attend and testify;
2. Except as provided by subsection C of this section, direct
the person having custody of the witness to produce him in the court
where the criminal proceeding is pending or where the grand jury is
sitting at a time and place specified in the order; and
3. Prescribe such other conditions as the judge shall
determine.
C. The judge, in lieu of directing the person having custody of
the witness to produce him in the requesting jurisdiction's court,
may direct and require in the order as follows: 1. An officer of
the requesting jurisdiction to come to the Oklahoma penal
institution in which the witness is confined to accept custody of
the witness for physical transfer to the requesting jurisdiction;
2. The requesting jurisdiction provide proper safeguards for
his custody while in transit;
3. The requesting jurisdiction be liable for and pay all
expense incurred in producing and returning the witness, including
but not limited to food, lodging, clothing, and medical care; and
4. The requesting jurisdiction promptly deliver the witness
back to the same or another Oklahoma penal institution as specified
by the Department of Corrections at the conclusion of his testimony.
Status: in_force · Read it on the official government site
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