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.