Cal. Code Regs. tit. 2 § 777

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 777 - Claims of Agents

Claims of agents returning fugitives from justice or prisoners or wards detained in other states.

(a) Warrant or Equivalent Document. Claims under this section shall not be allowed unless a warrant for the return of the prisoner or ward has been issued by the Governor or the Director of the Youth Authority or unless the agent has been designated by the Administrator, Interstate Probation and Parole Compacts, to return the prisoner or ward. Such warrant or designation may be issued before or after the claimed expenses were incurred.

(b) Certificate. The claim of the agent shall not be allowed unless accompanied by one of the following, as applicable:

(1) Where the prisoner or ward has not been arraigned or placed on trial after his return: a certificate of an authorized representative of the Director of Corrections, Community Release Board, or Youth Authority that the prisoner or ward has been convicted of crime; has violated his probation, parole, or bail, or has escaped from the custody of state authorities; and/or has been returned to the custody of the state agency represented by the certifying official.

(2) A certificate from an authorized representative of the sister state verifying the necessity to present witnesses or evidence in the sister state to gain the release of the fugitive.

(3) A certificate with advance approval by the Governor authorizing the appearance of witnesses, in unusual cases where the interest of Justice would be served, to appear in the sister state on behalf of the fugitive in opposition to his extradition.

(4) Where the prisoner or ward has not been returned: a certificate of the agent stating fully the reasons for the failure to make such a return.

(5) Where the prisoner or ward is returned to another state under the provisions of Section 1389 of the Penal Code after having been brought back from that state and tried in California, a receipt for the prisoner or ward from the agency or institution in the other state to which he was returned.

(c) Allowable Expenses. The following expenses shall be allowed:

(1) Statutory fees charged by other states in connection with the detention and surrender of the prisoner or ward.

(2) Necessary living expenses of the prisoner or ward only for the period from the date of detention until the arrival of the agent to take him into custody.

(3) When rail transportation is used, expenses for compartment accommodations on the return trip with the prisoner or ward.

(4) Expenses of an assistant when authorized by appointment by the Governor in extradition cases or by the Administrator, Interstate Probation and Parole Compacts, in detainer cases.

(5) Attorney fees, only when authorized in advance by the Attorney General.

(6) Reasonable fees for the assistance of porters in watching prisoners en route.

(7) Expenses for use of chartered aircraft not to exceed the equivalent cost of scheduled airline fares.

(8) Expenses for use of private automobile, at the rate of 18.5 cents per 1.6 kilometer (mile).

(d) Route. The agent shall take the most direct and economical route available. If delays occur, a full explanation stating the reason, length of time delayed, and all other relevant factors shall accompany the claim. If the explanation is satisfactory, the additional expense shall be allowed. No expenses incurred in Sacramento en route shall be allowed.

Cal. Code Regs. Tit. 2, § 777

1. Amendment of subsection (c)(8) filed 11-7-69; designated effective 1-1-70 (Register 69, No. 45).
2. Amendment of subsection (b) filed 5-29-75; effective thirtieth day thereafter (Register 75, No. 22).
3. Amendment and new NOTE: filed 2-25-77; effective thirtieth day thereafter (Register 77, No. 9).
4. Amendment of subsection (b) filed 6-8-79 as an emergency; designated effective 7-1-79 (Register 79, No. 23). Certificate of Compliance included.
5. Amendment of subsection (c)(8) filed 3-12-80; effective thirtieth day thereafter (Register 80, No. 11).

Note: Authority cited: Section 13920, Government Code; Section 1557, Penal Code. Reference: Sections 1389 and 1557, Penal Code; and Section 1300, Welfare and Institutions Code.