Section 13-3859 - Persons under criminal prosecution in this state at time of requisitionA. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor either may surrender the person on demand of the executive authority of another state or may hold the person until the person has been tried and discharged or convicted and punished in this state.B. This article does not constitute a waiver by this state of its right, power or privilege to try a demanded person for a crime that was committed in this state or to regain custody of a demanded person by extradition proceedings or otherwise for the purposes of trial, sentencing or punishment for any crime that was committed in this state. A proceeding under this article that results or fails to result in extradition is not a waiver by this state of its right, power or privilege.