Extradition Restriction

NCIC policy states that before entering a record of a wanted person in NCIC, the entering agency must attempt to determine, to the maximum extent possible, if extradition will be authorized if the individual is located in another state. For NCIC purposes, extradition is the surrender by one state to another of an individual charged or convicted of an offense outside its own territory and within the territorial jurisdiction of the other. If at the time of entry there is a limitation concerning extradition of the wanted person; e.g., will only extradite if located within 1,000 miles, such information must be placed in the record entry. If at some future time the entering agency learns that the individual definitely will not be extradited, the NCIC record must be canceled or modified to reflect this new information. In instances where an agency is absolutely certain that the wanted person will not be extradited, NCIC policy requires that the individual’s record may be entered in NCIC if NOEX is placed in the remarks to indicate that extradition is not authorized. The record may still be placed on the NCIC files for the purposes of officer safety. A firm commitment by the prosecutor or specific guidelines on when and under what circumstances extradition will be authorized would aid in assuring that the wanted person is not unnecessarily detained as a result of the entry in the NCIC System.

Prior to entering a felony warrant, the entering law enforcement agency should determine that extradition would be authorized if the individual were located in another state. This is accomplished by obtaining “a forecast of extradition” from the District Attorney. The CIB recommends agencies develop a form in concert with their county DA’s Office which the DA completes and provides to the enforcement agencies instructing them to enter the record to NCIC as extradition is forecast. When an individual is arrested in another state in response to a hit on a warrant entry to the TIME System, the individual is held on “probable cause to arrest” until local authorities can initiate their legal process. If the individual refuses to waive extradition and return voluntarily to Wisconsin, extradition proceedings are commenced to have the individual returned. When the individual is back in Wisconsin, the warrant is executed.

By national policy, the NCIC Files are “locator files.” When an individual is arrested on the basis of a computerized NCIC warrant entry, the entry must immediately be cancelled. The only exception is when the subject has been released pending the outcome of extradition proceedings.  In such a case, the wanted person entry may remain on the NCIC files, but the remarks field must be modified to include a statement describing the circumstances, such as “DO NOT ARREST IN (name of state) PENDING EXTRADITION.”