440.380 Waiver of extradition -- Procedure -- Expenses.

370 words·~2 min read·/ky/chapter-440/440-380

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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.

(2)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.