SECTIONS 1547-1558 - California Statutes

PENAL CODE

SECTION 1547-1558

1547. (a) The Governor may offer a reward of not more than fifty
thousand dollars ($50,000), payable out of the General Fund, for
information leading to the arrest and conviction of any of the
following:
(1) Any convict who has escaped from a state prison, prison camp,
prison farm, or the custody of any prison officer or employee or as
provided in Section 3059 or 4530.
(2) Any person who has committed, or is charged with the
commission of, an offense punishable by death.
(3) (A) Any person engaged in the robbery or hijacking of, or any
attempt to rob or hijack, any person upon or in charge of, in whole
or in part, any public conveyance engaged at the time in carrying
passengers within this state.
(B) As used in this paragraph, "hijacking" means an unauthorized
person causing, or attempting to cause, by violence or threat of
violence, a public conveyance to go to an unauthorized destination.
(4) Any person who attempts to murder either in the first or
second degree, assaults with a deadly weapon, or inflicts serious
bodily harm upon a peace officer or firefighter who is acting in the
line of duty.
(5) Any person who has committed a crime involving the burning or
bombing of public or private property, including any public hospital
housed in a privately owned facility.
(6) Any person who has committed a crime involving the burning or
bombing of any private hospital. A reward may be offered by the
Governor in conjunction with that crime only if a reward in
conjunction with the same crime is offered by the hospital, or any
other public or private donor on its behalf. The amount of the reward
offered by the Governor shall not exceed the aggregate amount
offered privately, or fifty thousand dollars ($50,000), whichever is
less. Nothing in this paragraph shall preclude a private hospital, or
any public or private donor on its behalf, from offering a reward in
an amount exceeding fifty thousand dollars ($50,000). If a person
providing information for a reward under this paragraph so requests,
his or her name and address shall remain confidential. This
confidentiality, however, shall not preclude or obstruct the
investigations of law enforcement authorities.
(7) Any person who commits a violation of Section 11413.
(8) Any person who commits a violation of Section 207.
(9) Any person who has committed a crime involving the burning or
bombing of any bookstore or public or private library not subject to
Section 11413. A reward may be offered by the Governor in conjunction
with that crime only if a reward in conjunction with the same crime
is offered by the bookstore or library, or any other public or
private donor on its behalf. The amount of the reward offered by the
Governor shall not exceed the aggregate amount offered privately, or
fifty thousand dollars ($50,000), whichever is less. Nothing in this
paragraph shall preclude a bookstore or public or private library, or
any public or private donor on its behalf, from offering a reward in
an amount exceeding fifty thousand dollars ($50,000). If a person
providing information for a reward under this paragraph so requests,
his or her name and address shall remain confidential. This
confidentiality, however, shall not preclude or obstruct the
investigations of law enforcement authorities.
(10) Any person who commits a violation of Section 454 or 463.
(11) Any person who willfully and maliciously sets fire to, or who
attempts to willfully and maliciously set fire to, any property that
is included within a hazardous fire area designated by the State
Board of Forestry and Fire Protection pursuant to Section 4252 of the
Public Resources Code or by the Director of Forestry and Fire
Protection pursuant to Section 4253 of the Public Resources Code, if
the fire, or attempt to set a fire, results in death or great bodily
injury to anyone, including fire protection personnel, or if the fire
causes substantial structural damage.
(12) Any person who has committed, or is charged with the
commission of, a felony that is punishable under Section 422.75 and
that resulted in serious bodily injury or in property damage of more
than ten thousand dollars ($10,000).
(13) Any person who commits an act that violates Section 11411, if
the Governor determines that the act is one in a series of similar
or related acts committed in violation of that section by the same
person or group.
(b) The Governor may offer a reward of not more than one hundred
thousand dollars ($100,000) for information leading to the arrest and
conviction of any person who kills a peace officer or firefighter
who is acting in the line of duty.
(c) The Governor may offer a reward of not more than one hundred
thousand dollars ($100,000), payable out of the General Fund, for
information leading to the arrest and conviction of any person who
commits arson upon a place of worship.
(d) The reward shall be paid to the person giving the information,
promptly upon the conviction of the person so arrested, after a
recommendation from the United States Attorney, or the California
Attorney General, or the district attorney and the chief law
enforcement officer, or his or her designate, in the jurisdiction
where the crime occurred. Rewards shall only be paid to the person if
the information is given voluntarily, at the person's own
initiative. Rewards shall not be paid as part of any plea bargain.
(e) The reward may also be paid to the person giving the
information if both of the following are met:
(1) The arrest or conviction of the person for an offense
described in subdivision (a), (b), or (c) is rendered impossible by
an intervening event, including, but not limited to, the death of the
person during a pursuit by law enforcement, or while in custody.
(2) The appropriate law enforcement officials, after reviewing the
evidence related to the crime or crimes, determine that the person
is the individual responsible for the crime or crimes for which the
reward was offered, and that the information would have reasonably
led to the arrest and conviction of that person.
(f) If more than one claimant is eligible for any reward issued
pursuant to this section, the Governor may apportion the reward money
in a manner the Governor deems appropriate.

1548. As used in this chapter:
(a) "Governor" means any person performing the functions of
Governor by authority of the law of this State.
(b) "Executive authority" means the Governor or any person
performing the functions of Governor in a State other than this
State.
(c) "State," referring to a State other than the State of
California, means any other State or Territory, organized or
unorganized, of the United States of America.
(d) "Laws of the United States" means: (1) those laws of the
United States passed by Congress pursuant to authority given to
Congress by the Constitution of the United States where the laws of
the United States are controlling, and (2) those laws of the United
States not controlling the several States of the United States but
which are not in conflict with the provisions of this chapter.

1548.1. Subject to the provisions of this chapter, the Constitution
of the United States, and the laws of the United States, it is the
duty of the Governor of this State to have arrested and delivered up
to the executive authority of any other State any person charged in
that State with treason, felony, or other crime, who has fled from
justice and is found in this State.

1548.2. No demand for the extradition of a person charged with
crime in another State shall be recognized by the Governor unless it
is in writing alleging that the accused was present in the demanding
State at the time of the commission of the alleged crime, and that
thereafter he fled from that State. Such demand shall be accompanied
by a copy of an indictment found or by information or by a copy of an
affidavit made before a magistrate in the demanding State together
with a copy of any warrant which was issued thereon; or such demand
shall be accompanied by a copy of a judgment of conviction or of a
sentence imposed in execution thereof, together with a statement by
the executive authority of the demanding State that the person
claimed has escaped from confinement or has violated the terms of his
bail, probation or parole. The indictment, information, or affidavit
made before the magistrate must substantially charge the person
demanded with having committed a crime under the law of that State;
and the copy of indictment, information, affidavit, judgment of
conviction or sentence must be certified as authentic by the
executive authority making the demand.

1548.3. When a demand is made upon the Governor of this State by
the executive authority of another State for the surrender of a
person so charged with crime, the Governor may call upon the Attorney
General or any district attorney in this State to investigate or
assist in investigating the demand, and to report to him the
situation and circumstances of the person so demanded, and whether he
ought to be surrendered according to the provision of this chapter.

1549. When it is desired to have returned to this state a person
charged in this state with a crime, and the person is imprisoned or
is held under criminal proceedings then pending against him or her in
another state, the Governor of this state may agree with the
executive authority of the other state for the extradition of the
person before the conclusion of the proceedings or his or her term of
sentence in the other state, upon the condition that the person be
returned to the other state at the expense of this state as soon as
the prosecution in this state is terminated.
The Governor of this state may also surrender on demand of the
executive authority of any other state any person in this state who
is charged in the manner provided in Section 1548.2 with having
violated the laws of the demanding state even though such person left
the demanding state involuntarily.

1549.1. The Governor of this state may also surrender, on demand of
the executive authority of any other state, any person in this state
charged in the other state in the manner provided in Section 1548.2
with committing an act in this state, or in a third state,
intentionally resulting in a crime in the state whose executive
authority is making the demand. The provisions of this chapter, not
otherwise inconsistent, shall apply to those cases, even though the
accused was not in the demanding state at the time of the commission
of the crime, and has not fled therefrom. Neither the demand, the
oath, nor any proceedings under this chapter pursuant to this section
need state or show that the accused has fled from justice from, or
at the time of the commission of the crime was in, the demanding or
other state.

1549.2. If a demand conforms to the provisions of this chapter, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State shall sign a
warrant of arrest, which shall be sealed with the State Seal, and
shall be directed to any peace officer or other person whom he may
entrust with the execution thereof. The warrant must substantially
recite the facts necessary to the validity of its issuance. The
provisions of Section 850 shall be applicable to such warrant, except
that it shall not be necessary to include a warrant number, address,
or description of the subject, provided that a complaint under
Section 1551 is then pending against the subject.

1549.3. Such warrant shall authorize the peace officer or other
person to whom it is directed:
(a) To arrest the accused at any time and any place where he may
be found within the State;
(b) To command the aid of all peace officers or other persons in
the execution of the warrant; and
(c) To deliver the accused, subject to the provisions of this
chapter, to the duly authorized agent of the demanding State.

1550. Every peace officer or other person empowered to make the
arrest hereunder shall have the same authority, in arresting the
accused, to command assistance therefor as the persons designated in
Section 150. Failure or refusal to render that assistance is a
violation of Section 150.

1550.1. No person arrested upon such warrant shall be delivered
over to the agent of the executive authority demanding him unless he
is first taken forthwith before a magistrate, who shall inform him of
the demand made for his surrender, and of the crime with which he is
charged, and that he has the right to demand and procure counsel. If
the accused or his counsel desires to test the legality of the
arrest, the magistrate shall remand the accused to custody, and fix a
reasonable time to be allowed him within which to apply for a writ
of habeas corpus. If the writ is denied, and probable cause appears
for an application for a writ of habeas corpus to another court, or
justice or judge thereof, the order denying the writ shall remand the
accused to custody, and fix a reasonable time within which the
accused may again apply for a writ of habeas corpus. When an
application is made for a writ of habeas corpus as contemplated by
this section, a copy of the application shall be served as provided
in Section 1475, upon the district attorney of the county in which
the accused is in custody, and upon the agent of the demanding state.
A warrant issued in accordance with the provisions of Section 1549.2
shall be presumed to be valid, and unless a court finds that the
person in custody is not the same person named in the warrant, or
that the person is not a fugitive from justice, or otherwise subject
to extradition under Section 1549.1, or that there is no criminal
charge or criminal proceeding pending against the person in the
demanding state, or that the documents are not on their face in
order, the person named in the warrant shall be held in custody at
all times, and shall not be eligible for release on bail.

1550.2. Any officer or other person entrusted with a Governor's
warrant who delivers to the agent of the demanding State a person in
his custody under such Governor's warrant, in wilful disobedience to
the preceding section, is guilty of a misdemeanor and, on conviction
thereof, shall be fined not more than $1,000 or be imprisoned not
more than six months, or both.

1550.3. The officer or persons executing the Governor's warrant of
arrest, or the agent of the demanding State to whom the prisoner has
been delivered may confine the prisoner in the jail of any county or
city through which he may pass. The keeper of such jail must receive
and safely keep the prisoner until the officer or person having
charge of him is ready to proceed on his route. Such officer or
person shall be charged with the expense of keeping the prisoner.
The officer or agent of a demanding State to whom a prisoner has
been delivered following extradition proceedings in another State, or
to whom a prisoner has been delivered after waiving extradition in
such other State, and who is passing through this State with such a
prisoner for the purpose of immediately returning such prisoner to
the demanding State may confine the prisoner in the jail of any
county or city through which he may pass. The keeper of such jail
must receive and safely keep the prisoner until the officer or agent
having charge of him is ready to proceed on his route. Such officer
or agent shall be charged with the expense of keeping the prisoner.
Such officer or agent shall produce and show to the keeper of such
jail satisfactory written evidence of the fact that he is actually
transporting such prisoner to the demanding State after a requisition
by the executive authority thereof. Such prisoner shall not be
entitled to demand a new requisition while in this State.

1551. (a) Whenever any person within this State is charged by a
verified complaint before any magistrate of this State with the
commission of any crime in any other State, or, with having been
convicted of a crime in that State and having escaped from
confinement, or having violated the terms of his bail, probation or
parole; or (b) whenever complaint is made before any magistrate in
this State setting forth on the affidavit of any credible person in
another State that a crime has been committed in such other State and
that the accused has been charged in such State with the commission
of the crime, or that the accused has been convicted of a crime in
that State and has escaped from bail, probation or parole and is
believed to be in this State; then the magistrate shall issue a
warrant directed to any peace officer commanding him to apprehend the
person named therein, wherever he may be found in this State, and to
bring him before the same or any other magistrate who is available
in or convenient of access to the place where the arrest is made. A
certified copy of the sworn charge or complaint and affidavit upon
which the warrant is issued shall be attached to the warrant.

1551.05. (a) Any person on outpatient status pursuant to Title 15
(commencing with Section 1600) of Part 2 or pursuant to subdivision
(d) of Section 2972 who leaves this state without complying with
Section 1611, or who fails to return to this state on the date
specified by the committing court, shall be subject to extradition in
accordance with this section.
(b) When the return to this state is required by a person who is
subject to extradition pursuant to subdivision (a), the Director of
Mental Health shall present to the Governor a written application for
requisition for the return of that person. In the requisition
application there shall be stated the name of the person, the type of
judicial commitment the person is under, the nature of the
underlying criminal act which was the basis for the judicial
commitment, the circumstances of the noncompliance with Section 1611,
and the state in which the person is believed to be, including the
specific location of the person, if known.
(c) The application shall be verified, shall be executed in
duplicate, and shall be accompanied by two certified copies of the
court order of judicial commitment and of the court order authorizing
outpatient status. The director may also attach any affidavits or
other documents in duplicate as are deemed proper to be submitted
with the application. One copy of the application, with the action of
the Governor indicated by endorsement thereon, and one copy of the
court orders shall be filed in the office of the Secretary of State.
The other copies of all papers shall be forwarded with the Governor's
requisition.
(d) Upon receipt of an application under this section, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State, may sign a
requisition for the return of the person.

1551.1. The arrest of a person may also be lawfully made by any
peace officer, without a warrant, upon reasonable information that
the accused stands charged in the courts of any other state with a
crime punishable by death or imprisonment for a term exceeding one
year, or that the person has been convicted of a crime punishable in
the state of conviction by imprisonment for a term exceeding one year
and thereafter escaped from confinement or violated the terms of his
or her bail, probation or parole. When so arrested the accused shall
be taken before a magistrate with all practicable speed and
complaint shall be made against him or her under oath setting forth
the ground for the arrest as in Section 1551.

1551.2. At the initial appearance of a person arrested under
Section 1551 or 1551.1, he shall be informed of the reason for his
arrest and of his right to demand and procure counsel. If the person
denies that he is the same person charged with or convicted of a
crime in the other state, a hearing shall be held within 10 days to
determine whether there is probable cause to believe that he is the
same person and whether he is charged with or convicted of a crime in
the other state. At the hearing, the magistrate shall accept a
certified copy of an indictment found, an information, a verified
complaint, a judgment or sentence, or other judicial proceedings
against that person in the state in which the crime is charged or the
conviction occurred, and such copy shall constitute conclusive proof
of its contents. Witnesses from the other state shall not be
required to be present at the hearing.

1551.3. Immediately upon the arrest of the person charged, the
magistrate must give notice thereof to the district attorney. The
district attorney must immediately thereafter give notice to the
executive authority of the State, or to the prosecuting attorney or
presiding judge of the court of the city or county within the State
having jurisdiction of the offense, to the end that a demand may be
made for the arrest and surrender of the person charged.

1552. If at the hearing before the magistrate, it appears that the
accused is the person charged with having committed the crime
alleged, the magistrate must, by a warrant reciting the accusation,
commit him to the county jail for such a time, not exceeding thirty
days and specified in the warrant, as will enable the arrest of the
accused to be made under a warrant of the Governor on a requisition
of the executive authority of the State having jurisdiction of the
offense, unless the accused give bail as provided in section 1552.1,
or until he shall be legally discharged.

1552.1. Unless the offense with which the prisoner is charged, is
shown to be an offense punishable by death or life imprisonment under
the laws of the state in which it was committed, or it is shown that
the prisoner is alleged to have escaped or violated the terms of his
parole following conviction of a crime punishable in the state of
conviction by imprisonment for a term exceeding one year, the
magistrate may admit the person arrested to bail by bond or
undertaking, with sufficient sureties, and in such sum as he deems
proper, conditioned upon the appearance of such person before him at
a time specified in such bond or undertaking, and for his surrender
upon the warrant of the Governor of this state. Nothing in this
section or in Section 1553 shall be deemed to prevent the immediate
service of a Governor's warrant issued under Section 1549.2.

1552.2. If the accused is not arrested under warrant of the
Governor by the expiration of the time specified in the warrant,
bond, or undertaking, a magistrate may discharge him or may recommit
him for a further period of 60 days. In the latter event a justice of
the Supreme Court or court of appeal or a judge of the superior
court may again take bail for his appearance and surrender, as
provided in Section 1552.1 but within a period not to exceed 60 days
after the date of such new bond or undertaking.

1553. If the prisoner is admitted to bail, and fails to appear and
surrender himself according to the conditions of his bond, the
magistrate, by proper order, shall declare the bond forfeited and
order his immediate arrest without warrant if he be within this
State. Recovery may be had on such bond in the name of the people of
the State as in the case of other bonds or undertakings given by a
defendant in criminal proceedings.

1553.1. (a) If a criminal prosecution has been instituted against a
person charged under Section 1551 under the laws of this state and
is still pending, the Governor, with the consent of the Attorney
General, may surrender the person on demand of the executive
authority of another state or hold him or her until he or she has
been tried and discharged or convicted and served his or her sentence
in this state.
(b) If a criminal prosecution has been instituted under the laws
of this state against a person charged under Section 1551, the
restrictions on the length of commitment contained in Sections 1552
and 1552.2 shall not be applicable during the period that the
criminal prosecution is pending in this state.

1553.2. The guilt or innocence of the accused as to the crime with
which he is charged may not be inquired into by the Governor or in
any proceeding after the demand for extradition accompanied by a
charge of crime in legal form as above provided has been presented to
the Governor, except as such inquiry may be involved in identifying
the person held as the person charged with the crime.

1554. The Governor may recall his warrant of arrest or may issue
another warrant whenever he deems it proper.

1554.1. Whenever the Governor of this State shall demand the return
of a person charged with crime in this State or with escaping from
confinement or violating the terms of his bail, probation or parole
in this State, from the executive authority of any other State or of
any foreign government or the chief justice or an associate justice
of the Supreme Court of the District of Columbia authorized to
receive such demand, he shall issue a warrant under the seal of this
State to an agent, commanding him to receive the person so demanded
and to convey him to the proper officer in the county in this State
in which the offense was committed.

1554.2. (a) When the return to this state of a person charged with
crime in this state is required, the district attorney shall present
to the Governor his written application for a requisition for the
return of the person charged. In such application there shall be
stated the name of the person so charged, the crime charged against
him, the approximate time, place and circumstances of its commission,
and the state in which he is believed to be, including the location
of the accused therein at the time the application is made. Such
application shall certify that, in the opinion of the district
attorney, the ends of justice require the arrest and return of the
accused to this state for trial and that the proceeding is not
instituted to enforce a private claim.
(b) When the return to this state is required of a person who has
been convicted of a crime in this state and who has escaped from
confinement or has violated the terms of his bail, probation or
parole the district attorney of the county in which the offense was
committed, the Board of Prison Terms, the Director of Corrections,
the California Institution for Women, the Youth Authority, or the
sheriff of the county from which escape from confinement was made,
shall present to the Governor a written application for a requisition
for the return of such person. In such application there shall be
stated the name of the person, the crime of which he was convicted,
the circumstances of his escape or of the violation of the terms of
his bail, probation or parole, and the state in which he is believed
to be, including the location of such person therein at the time
application is made.
(c) The application shall be verified, shall be executed in
duplicate, and shall be accompanied by two certified copies of the
indictment, the information, or the verified complaint made to the
magistrate stating the offense with which the accused is charged, or
the judgment of conviction or the sentence. The officer or board
requesting the requisition may also attach such affidavits and other
documents in duplicate as are deemed proper to be submitted with such
application. One copy of the application, with the action of the
Governor indicated by endorsement thereon, and one of the certified
copies of the indictment, verified complaint, information, or
judgment of conviction or sentence shall be filed in the office of
the Secretary of State. The other copies of all papers shall be
forwarded with the Governor's requisition.
(d) Upon receipt of an application under this section, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State, may sign a
requisition for the return of the person charged and any other
document incidental to that requisition or to the return of the
person charged.

1555. A person brought into this State on, or after waiver of
extradition based on a criminal charge shall not be subject to
service of process in civil actions arising out of the same facts as
the criminal proceedings for which he is returned, until he has been
convicted in the criminal proceeding, or, if acquitted, until he has
had reasonable opportunity to return to the State from which he was
extradited.

1555.1. Any person arrested in this state charged with having
committed any crime in another state or alleged to have escaped from
confinement, or broken the terms of his or her bail, probation or
parole may waive the issuance and service of the Governor's warrant
provided for in this chapter and all other procedure incidental to
extradition proceedings, by subscribing in the presence of a
magistrate within this state a writing which states that he or she
consents to return to the demanding state; provided, however, that
before such waiver shall be subscribed by such person, the magistrate
shall inform him or her of his or her rights to require the issuance
and service of a warrant of extradition as provided in this chapter.
If such waiver is executed, it shall forthwith be forwarded to the
office of the Governor of this state, and filed therein. The
magistrate shall remand the person to custody without bail, unless
otherwise stipulated by the district attorney with the concurrence of
the other state, and shall direct the officer having such person in
custody to deliver such person forthwith to the duly authorized agent
of the demanding state, and shall deliver to such agent a copy of
such waiver.
Nothing in this section shall be deemed to limit the rights of the
accused person to return voluntarily and without formality to the
demanding state, provided that state consents, nor shall this
procedure of waiver be deemed to be an exclusive procedure or to
limit the powers, rights or duties of the officers of the demanding
state or of this state.

1555.2. (a) If the arrested person refuses to sign a waiver of
extradition under Section 1555.1, a hearing shall be held, upon
application of the district attorney, to determine whether the person
is alleged to have violated the terms of his release within the past
five years on bail or own recognizance while charged with a crime
punishable in the charging state by imprisonment for a term exceeding
one year, or on probation or parole following conviction of a crime
punishable in the state of conviction by imprisonment for a term
exceeding one year, and whether, as a condition of that release, the
person was required to waive extradition.
(b) At the hearing, the district attorney shall present a
certified copy of the order from the other state conditionally
releasing the person, including the condition that he was required to
waive extradition together with a certified copy of the order from
the other state directing the return of the person for violating the
terms of his conditional release. The magistrate shall accept these
certified copies as conclusive proof of their contents and shall
presume the validity of the extradition waiver condition.
(c) If the magistrate finds that there is probable cause to
believe that the arrested person is the same person named in the
conditional release order and the order commanding his return, the
magistrate shall forthwith issue an order remanding the person to
custody without bail and directing the delivery of the person to duly
accredited agents of the other state.
(d) Notwithstanding the provisions of subdivision (c), the
district attorney may stipulate, with the concurrence of the other
state, that the arrested person may be released on bail or own
recognizance pending the arrival of duly accredited agents from the
other state.
(e) If the arrested person or his counsel desires to test the
legality of the order issued under subdivision (c), the magistrate
shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. If the writ is denied and probable cause
appears for an application for a writ of habeas corpus to another
court, or justice or judge thereof, the order denying the writ shall
fix a reasonable time within which the accused may again apply for a
writ of habeas corpus. Unless otherwise stipulated pursuant to
subdivision (d), the arrested person shall remain in custody without
bail.

1555.3. Nothing in this chapter shall be deemed to constitute a
waiver by this state of its right, power or privilege to try any
demanded person for crime committed within this state, or of its
right, power or privilege to regain custody of such person by
extradition proceedings or otherwise for the purpose of trial,
sentence or punishment for any crime committed within this state; nor
shall any proceedings had under this chapter which result in, or
fail to result in, extradition be deemed a waiver by this state of
any of its rights, privileges or jurisdiction in any manner
whatsoever.

1556. After a person has been brought back to this State by
extradition proceedings, he may be tried in this State for other
crimes which he may be charged with having committed in this State as
well as for the crime or crimes specified in the requisition for his
extradition.

1556.1. The provisions of this chapter shall be so interpreted and
construed as to effectuate its general purposes to make uniform the
law of those states which enact legislation based upon the Uniform
Criminal Extradition Act.

1556.2. This chapter may be cited as the Uniform Criminal
Extradition Act.

1557. (a) This section shall apply when this state or a city,
county, or city and county employs a person to travel to a foreign
jurisdiction outside this state for the express purpose of returning
a fugitive from justice to this state when the Governor of this
state, in the exercise of the authority conferred by Section 2 of
Article IV of the United States Constitution, or by the laws of this
state, has demanded the surrender of the fugitive from the executive
authority of any state of the United States, or of any foreign
government.
(b) Upon the approval of the Governor, the State Controller shall
audit and pay out of the State Treasury as provided in subdivision
(c) or (d) the accounts of the person employed to bring back the
fugitive, including any money paid by that person for all of the
following:
(1) Money paid to the authorities of a sister state for statutory
fees in connection with the detention and surrender of the fugitive.
(2) Money paid to the authorities of the sister state for the
subsistence of the fugitive while detained by the sister state
without payment of which the authorities of the sister state refuse
to surrender the fugitive.
(3) Where it is necessary to present witnesses or evidence in the
sister state, without which the sister state would not surrender the
fugitive, the cost of producing the witnesses or evidence in the
sister state.
(4) Where the appearance of witnesses has been authorized in
advance by the Governor, who may authorize the appearance in unusual
cases where the interests of justice would be served, the cost of
producing witnesses to appear in the sister state on behalf of the
fugitive in opposition to his or her extradition.
(c) No amount shall be paid out of the State Treasury to a city,
county, or city and county except as follows:
(1) When a warrant has been issued by any magistrate after the
filing of a complaint or the finding of an indictment and its
presentation to the court and filing by the clerk, and the person
named therein as defendant is a fugitive from justice who has been
found and arrested in any state of the United States or in any
foreign government, the county auditor shall draw his or her warrant
and the county treasurer shall pay to the person designated to return
the fugitive, the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(2) If the person designated to return the fugitive is a city
officer, the city officer authorized to draw warrants on the city
treasury shall draw his or her warrant and the city treasurer shall
pay to that person the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(3) The person designated to return the fugitive shall make no
disbursements from any funds advanced without a receipt being
obtained therefor showing the amount, the purpose for which the sum
is expended, the place, the date, and to whom paid.
(4) A receipt obtained pursuant to paragraph (3) shall be filed by
the person designated to return the fugitive with the county auditor
or appropriate city officer or State Controller, as the case may be,
together with an affidavit by the person that the expenditures
represented by the receipts were necessarily made in the performance
of duty, and when the advance has been made by the county or city
treasurer to the person designated to return the fugitive, and has
thereafter been audited by the State Controller, the payment thereof
shall be made by the State Treasurer to the county or city treasury
that has advanced the funds.
(5) In every case where the expenses of the person employed to
bring back the fugitive as provided in this section, are less than
the amount advanced on the recommendation of the district attorney,
the person employed to bring back the fugitive shall return to the
county or city treasurer, as appropriate, the difference in amount
between the aggregate amount of receipts so filed by him or her, as
herein employed, and the amount advanced to the person upon the
recommendation of the district attorney.
(6) When no advance has been made to the person designated to
return the fugitive, the sums expended by him or her, when audited by
the State Controller, shall be paid by the State Treasurer to the
person so designated.
(7) Any payments made out of the State Treasury pursuant to this
section shall be made from appropriations for the fiscal year in
which those payments are made.
(d) Payments to state agencies will be made in accord with the
rules of the California Victim Compensation and Government Claims
Board. No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.

1558. No compensation, fee, profit, or reward of any kind can be
paid to or received by a public officer of this state, a corporation
or firm, or other person, for a service rendered in procuring from
the Governor the demand mentioned in Section 1557, or the surrender
of the fugitive, or for conveying him or her to this state, or
detaining him or her therein, except as provided for in that section.
Every person who violates any of the provisions of this section is
guilty of a misdemeanor.