Section 778 - Claims of Non-State Agents Transporting State Fugitives, Prisoners or Wards Detained in Other States Pursuant to Agreements Entered into Under the Computer Assisted Prisoner Transportation Index Service(a) Agent Designation. Claims under this section shall not be allowed unless the agent has been designated by the Administrator, Interstate Probation and Parole Compacts, or the Governor to return the prisoner or ward. Such designation may be issued before or after the claimed expenses were incurred.(b) Regular Extraditions. The Governor's Office shall approve all claims submitted by local agencies in regular extraditions.(c) Certificate. The claim of the agent shall not be allowed unless accompanied by one of the following, as applicable, except as in (b) above.(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 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.(d) 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) Subsistence expenses for the agent in accordance with Section 706(c) for not more than 24 hours unless approved by the Controller's Office because of extenuating circumstances.(4) When rail transportation is used, expenses for compartment accommodations on the return trip with the prisoner or ward.(5) 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.(6) Attorney fees, only when authorized in advance by the Attorney General.(7) Reasonable fees for the assistance of porters in watching prisoners en route.(8) Expenses for use of chartered aircraft not to exceed the equivalent cost of scheduled airline fares, except when the use of a chartered or agency-owned aircraft will reduce subsistence, care rental and other expenses to an amount below the combined cost of scheduled airline fares, car rental, subsistence, and other expenses for agents, prisoners or wards.(9) Expenses for use of private automobile, at the rate of 18.5 cents per 1.6 kilometer (mile).(e) 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.Cal. Code Regs. Tit. 2, § 778
1. New section filed 12-8-80; effective thirtieth day thereafter (Register 80, No. 50). Note: Authority cited: Section 13920, Government Code, and Section 1557, Penal Code. Reference: Sections 1389 and 1557, Penal Code; and Section 1300, Welfare and Institutions Code.
1. New section filed 12-8-80; effective thirtieth day thereafter (Register 80, No. 50).