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Coushatta Tribe of Louisiana Judicial Codes

Approved: 1998; Last amended: 2004

TITLE IV - EXTRADITION


Section 1. Extradition Order. Whenever the Coushatta Tribal Court is informed and believes (after such investigation as it may consider appropriate) that a member of the Tribe or a member of another Indian tribe has committed a crime outside of the Coushatta Reservation and is present within the Coushatta Reservation and is using it (or any part of it) as an asylum from prosecution by any lawful authority and the proper authorities make written request for the arrest and delivery of such member specifying the crime with which he is charged, the Coushatta Tribal Court may order the Coushatta Public Safety Department to arrest such member and deliver him to the proper authorities. In deciding whether to issue an order, the Coushatta Tribal Court shall consider whether the jurisdiction requesting extradition has entered into an agreement with the Coushatta Tribe to deliver persons subject to tribal jurisdiction to tribal authorities upon an extradition request and may deny such requests from any jurisdiction which has not entered into such an agreement.


Section 2. Right to Hearing. Whenever any person who is arrested pursuant to the provisions of section 1 of this Title demands a hearing, he shall be taken before the Coushatta Court which shall hold a hearing promptly. If it appears that there is no probable cause to believe that the person is guilty of the crime with which he is charged by the jurisdiction requesting extradition, or if it appears that the person probably will not receive a fair trial in the courts of the jurisdiction, the Coushatta Court shall order the person released from the custody of the Coushatta Public Safety Department.

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