Prosecutors hope extradition policy ends ‘a bet we simply do not have to wager’

CEDAR RAPIDS — Earlier this month, the Linn County Attorney's Office launched a policy of asking 6th Judicial District judges to recognize pre-signed waivers of extradition for fugitives wanted for a parole or probation violation in another state.

First Assistant Linn County Attorney Nick Maybanks wanted this policy because he was concerned it was becoming a 'trend' for defense lawyers to fight these waivers and ask the court to give fugitives bail pending a governor's warrant, which is a time- consuming process. Prosecutors are also, as part of the policy, asking the court to deny bail for these defendants.

This is a follow-up with Maybanks to see what has changed since the new policy has been put in place.

Q: Does the new policy also address other fugitives, besides those on probation and parole?

A: The Linn County Attorney's Office has adopted a policy where the state would agree to bail only in exceptional cases where the demanding state explicitly indicates that out-of-state bail is acceptable, the crime for which they are wanted is not a felony, the fugitive can demonstrate significant ties to the community and they agree to turn themselves in to the demanding state immediately.

The policy we have adopted regarding fugitives from justice is to ask that all fugitives from justice, whether it be those wanted for violations of probation or parole, or for other offenses, be held without bond unless those fugitive cases fall within the category of exceptional cases described above.

Q: Can you explain the pre-signed waivers?

A: A pre-signed waiver is a document where an individual on probation or parole (and sometimes even as a condition of posting bond) agrees that if they are charged with a violation of their probation or parole and are arrested in another state, they agree to be extradited back to the arresting state without any further procedures. In other words, they waive formal extradition procedures.

Q: Do the judges seem like they are willing to recognize the pre-signed waivers of extradition?

A: I cannot answer on behalf of the judges, but in a recent case, 6th Judicial District Chief Judge (Patrick) Grady made a specific finding that a pre-signed waiver that complies with the law is valid. Our office has agreed to provide pre-signed waivers as expeditiously as possible for the court's review.

Q: What is the process to get a governor's warrant, if they fight extradition?

A: When a fugitive is arrested on an out-of-state warrant from the arresting state and they do not waive extradition, their other option is to demand the issuance of a governor's warrant. The prosecuting authorities of the other state must gather various certified documents together and submit a written application for the return of the person charged, or in other words, a governor's warrant. The governors of both states must review and sign off on the warrant before it is valid to be served upon the fugitive. This process takes up to 90 days to complete.

Q: Do you think a fugitive who has violated parole or probation has the right to bail? Defense attorneys seem to believe it is a constitutional right.

A: A fugitive who has violated parole or probation in another state has already been convicted of a crime. There is no constitutional right to bail for violating parole or probation on a crime for which they have already been convicted, particularly if they have already waived extradition as a condition of being placed on probation or parole.

Q: Why should the public care about fugitives being allowed to post bail?

A: Prosecutors and judges often have little to no information on the background of fugitives arrested in our state other than unverified information provided by a fugitive. By law, bail is permissible, but not required, because a fugitive action is not similar to a criminal accusation where there is a presumption of innocence and a right to trial.

The state of Iowa has a constitutional obligation under the U.S. Constitution to deliver fugitives that have fled justice. When a fugitive is allowed to post bail, a bet is being placed on whether a fugitive will voluntarily return to turn himself or herself in when the governor's warrant issues or to the demanding state upon release. There is a substantial risk of flight in these scenarios and the presence of wanted subjects in our community poses an unnecessary risk to public safety. Since bond is not required, this is a bet we simply do not have to wager.

Also, for the fugitive held in custody pending the issuance of a governor's warrant, our county assumes a financial burden of housing them while the fugitive hopes to beat the technical deadline or negotiate the requisite bond money.

l Comments: (319) 398-8318; trish.mehaffey@thegazette.com