West Virginia Code § 48-16-802

Conditions of rendition
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(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 proceeding for support pursuant to this article
or that the proceeding would be of no avail. e
(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 suppuort 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 fort 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 initiatsed 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 gthe individual is complying with the support order.
Part IX. Miscellaneous Provisions.

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