Extradition Act of 1981

(Measure passed Senate, amended)

Extradition Act of 1981 - Amends the Federal criminal code to set forth new procedures governing the extradition of persons from the United States for alleged criminal activity.

Authorizes only the Attorney General to initiate an extradition complaint. (Current law permits any authority of a foreign government to do so.)

Permits filing of a complaint in the District of Columbia Federal Court if the location of the person is unknown.

Allows the Attorney General to request issuance of a summons rather than an arrest warrant.

Requires detention of a person pending the extradition hearing unless such person shows that "special circumstances" require his release. Requires the court to impose conditions of release that will assure the person's appearance and the safety of the community and any other person.

Permits the court to release a person if the evidence and documents required by treaty are not filed within 60 days of the arrest.

Provides for waiver of the extradition hearing and consent to removal.

Requires the court to hold a hearing to determine whether the person against whom a complaint is filed is extraditable. Limits the scope of the hearing by denying jurisdiction to the court to determine the merits of the charge against the person. Entitles persons subject to extradition hearings to representation by counsel and indigents to appointment of counsel.

Authorizes the Federal court, as under current law, to determine whether the foreign state seeks extradition of a person for a "political offense." Requires the person to establish the "political offense" exception by clear and convincing evidence. Requires the court to determine whether the person is otherwise extraditable before receiving any such evidence.

Continues current law permitting the Secretary of State to determine whether extradition is sought on account of the person's political opinions, race, religion, or nationality.

Permits either party to appeal the findings of the district court on a complaint of extradition to the U.S. court of appeals. (Neither side may appeal under current law.)

Requires the detention pending appeal of a person found extraditable unless such person establishes that "special circumstances" require his release.

Permits the temporary extradition to the United States of a person whose delivery has been conditioned by a foreign state on such person's return to its custody.