§ 580-802. Conditions of rendition. (a) Before making a demand that
the governor of another state surrender an individual charged criminally
in this state with having failed to provide for the support of an
obligee, the governor of this state may require a prosecutor of this
state to demonstrate that at least sixty days previously the obligee had
initiated proceedings for support pursuant to this article or that the
proceeding would be of no avail.

(b) If, under this article or a law substantially similar to this
article, the governor of another state makes a demand that the governor
of this state surrender an individual charged criminally in that state
with having failed to provide for the support of a child or other
individual to whom a duty of support is owed, the governor may require a
prosecutor to investigate the demand and report whether a proceeding for
support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not been initiated, the governor
may delay honoring the demand for a reasonable time to permit the
initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual
whose rendition is demanded prevails, the governor may decline to honor
the demand. If the petitioner prevails and the individual whose
rendition is demanded is subject to a support order, the governor may
decline to honor the demand if the individual is complying with the
support order.