Request By:
Ms. Judith A. Blevins
General Delivery
Hager Hill, Kentucky 41222
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: K. Gail Leeco, Assistant Attorney General
You have requested an opinion as to whether a county can obtain reimbursement for certain expenses arising from the extradition of a fugitive from another state to the county. The expenses arose when a fugitive being extradited from Florida challenged his extradition in a habeas corpus proceeding in that state. It therefore became necessary for the county to send an identification witness, accompanied by her custodian and the sheriff, to Florida to testify in the proceeding. The county is seeking to recover the costs of their transportation, lodging, and meals.
In our opinion, such expenses are recoverable from the state under KRS 440.090, which provides:
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 commissioner of the executive department for finance and administration pursuant to KRS 44.060, plus an additional sum calculated at the rate of five cents (5 ) 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. . .
The expenses of sending an identification witness to testify in a habeas corpus proceeding would be considered "necessary expenses in reclaiming and returning the fugitive. " Thus, the state will reimburse the county for the actual costs of transportation, meals, and lodging for the witness and her custodian.
Reimbursement for the costs of the sheriff will depend on his function on the trip. If he went merely as a guard for the witness, his costs would be reimbursed as "necessary expenses. " The actual costs of his transportation, meals, and lodging would be recoverable. If, however, he went as the agent to transport the fugitive back to the county after a favorable decision in the habeas corpus proceeding, his costs would be reimbursed as costs for the agent's services. He would receive his mileage and the additional sum mentioned in KRS 440.090, but not the costs of his meals and lodging. See OAG 67-379.
You have also inquired as to the procedure to be followed to obtain reimbursement for these expenses. When the County or Commonwealth's Attorney believes that an identification witness is required at an out-of-state habeas corpus proceeding, he should prepare an affidavit so swearing. The affidavit should include the names of all those being sent and the reasons why the presence of each is thought necessary. The request for reimbursement together with the affidavit should be submitted by the agent to the Department of Finance, County Fee Systems, Division of Accounts, Capitol Annex, Room 228.
I trust this opinion answers your questions.