If a criminal prosecution against the demanded person is pending under the laws of this state, or if he has been convicted in a court of this state but has not completely satisfied his sentence, the governor may, in his discretion, surrender him on demand of the executive authority of the other state. The surrender must be pursuant to a re-extradition agreement, and: (1) If a prosecution is pending the district attorney must agree to the surrender; or (2) If the person demanded has been convicted but has not been sentenced, the court of the conviction must agree to the surrender.
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