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440.090 Return to this state of fugitive from justice.
When the Governor of this state makes requisition upon the Governor of another
state for a fugitive from justice, the person named in the requisition as the agent of
this state shall, unless a different condition is contained in his commission, be
allowed as compensation from the State Treasury for his services a mileage
allowance at the same rate fixed by regulations adopted by the secretary of the
Finance and Administration Cabinet pursuant to KRS 44.060, plus an additional sum
calculated at the rate of five cents ($0.05) per mile for the distance he travels to and
from the jail of the county designated in the proclamation to the place where the
fugitive is arrested, and any other necessary expenses he pays in reclaiming and
returning the fugitive. If, in attempting to reclaim the fugitive, the agent is acting
within the course and scope of his employment, the amount due shall be paid over
to the agent's employer instead of the agent. When a fugitive is to be returned to this
state from a location out of state which is in excess of five hundred (500) miles from
the jail to which he is to be returned, commercial air transportation may be utilized in
lieu of ground transportation, unless the agent undertaking the transportation
decides to utilize ground transportation. Payment for air transportation shall be in
lieu of the mileage payment for ground transportation only for that portion of the
journey for which air transportation is used. Ground transportation and other
expenses shall be paid as authorized herein. If the agent is not given possession of
the fugitive for reasons beyond the agent's control, he, or his employer, shall
nevertheless be allowed the compensation prescribed by this section. Upon the
return of the fugitive to the county in which the jail named in the proclamation is
located, the person having him in charge shall go before a judge, who shall issue a
mittimus to the jailer to receive the prisoner and keep him until he is discharged.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 30, sec. 1, effective July 14, 2000. -Amended 1990 Ky. Acts ch. 228, sec. 1, effective July 13, 1990. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 451, effective January 2, 1978. -Amended 1976 Ky. Acts ch. 53, sec. 1. -- Amended 1960 Ky. Acts ch. 16,
sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 1934.
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