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440.380 Waiver of extradition -- Procedure -- Expenses.
(1)
(2)
When a person charged with commission of a felony in this state or with having
been convicted of a felony here and having escaped from confinement or broken the
terms of his bail, probation or parole is arrested in another state and waives
extradition proceedings, the county judge/executive of the county in which the
felony was committed, or from which the escape was made, may, upon filing of a
verified application by the Commonwealth's attorney or county attorney setting
forth the fact of waiver and making all statements required by subsection (1) or
subsection (2) of KRS 440.370, enter an order designating an officer to return the
fugitive to this state without benefit of any procedure incidental to extradition
proceedings. Upon entry of such order the officer so designated shall be authorized
to go after and return the fugitive as the agent of this state and shall receive from the
State Treasury the same payment for his expenses as is provided by KRS 440.090
for agents acting under requisition of the Governor. 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. Claims
for reimbursement of expenses under this subsection shall be accompanied by
certified copies of the verified application for appointment of the agent and the
order of appointment, together with a copy of any process showing delivery of the
fugitive to the jailer upon return to this state. If the agent is not given possession of
the fugitive for reasons beyond the agent's control, he, or his employer, shall
nevertheless be reimbursed as provided herein, if it is shown that prior to his
appointment as agent and before departure from the state the fugitive had executed
in the presence of any officer authorized to administer an oath a written waiver
stating that he consents to return to this state without extradition.
All legal costs incurred in apprehending and securing in this state a fugitive wanted
in another state shall be paid by the agent of the state demanding him before the
agent is permitted to remove him or receive him into custody.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 30, sec. 2, effective July 14, 2000. -- Created
1960 Ky. Acts ch. 135, sec. 25, effective June 16, 1960.
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