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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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