What states do not extradite to New York?

Answer 1

Realistically, in the budget crunch that all states are undergoing these days, they MAY not want to bother with bringing you back for a misdemeanor offense - HOWEVER - that being said - it cannot be 100% counted on to save you. All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states - It is impossible to know with certainty whether a particular state will choose to extradite you for a particular offense, or not, there are simply too many variables. It may depend, in part, on the offense and the seriousness of it, and/or how badly they want you returned - most states WILL extradite for felony offenses.

Answer 2

The US Constitution requires any state to deliver a fugitive from justice who has committed a "treason, felony, or other crime" in New York back to New York upon request by the executive authority of the state of New York.

In 1860, a US Supreme Court decision held that while it was the constitutional duty of the governor of a state to return a fugitive to a demanding state, the federal courts had no authority to enforce this duty, meaning states could, in practice, exercise discretion about whether or not they would honor an extradition request.

However, in 1987 another US Supreme Court decision reversed this and declared that federal courts did have authority to enforce extradition. The vast majority of cases you may have heard of where a state refused to honor an extradition request from another state occurred between 1860 and 1987; states no longer have the latitude to decide if they will or won't honor the request in most cases. A state is allowed to refuse extradition under certain very limited circumstances (most of which have to do with cases where there are errors of some sort in the extradition paperwork).

Also, if the fugitive is currently under sentence, he does not have to be released to New York until he has completed his sentence. This is a small loophole that could be exploited in extreme cases to allow a state to at least delay an extradition request.

Also, the state where the fugitive is is allowed to demand compensation for expenses associated with the extradition (e.g. housing the prisoner until extradition and transportation under guard). For this reason, Florida, Alaska, and Hawaii do not extradite for minor (non-felony) crimes; New York might make the decision not to based on expenses in any given case.