40-9-126 - Expenses paid by state. - Tennessee Statutes

40-9-126. Expenses paid by state.

(a)  (1)  The demanding agent appointed by the governor under § 40-9-121 to return any fugitive from justice under this chapter to this state for trial in the proper county in which the offense is alleged to have been committed or to other proper official or prison, as the case may be, is authorized to employ a guard or escort sufficient to so return the fugitive from justice to this state and contract the other expenses as are absolutely required in performing the duties of the agent.

     (2)  In no event shall more than one (1) person be named or designated as demanding agent in any extradition proceeding and only one (1) person shall be paid expenses in returning any fugitive to this state.

     (3)  An alternate agent may be named and designated, who shall be authorized to go and return the fugitive only when the original demanding agent named or designated is unable to make the trip and return the fugitive.

     (4)  No guard or escort shall be authorized, and no expenses for a guard or escort shall be paid, unless a request for a guard or escort is set forth and certified to by the district attorney general in the written application for the issuance of requisition papers as now authorized under §§ 40-9-123 40-9-125.

(b)  (1)  Except as provided in § 40-9-127, all of the costs and expenses incurred in the return of any fugitive from justice to this state under the provisions of this chapter shall be paid out of the treasury of the state of Tennessee on the certificate of the governor by the warrant of the commissioner of finance and administration.

     (2)  The costs and expenses incurred, subsequent to the issuance of the warrant or requisition by the governor of Tennessee when the demanding agent is unable to return the fugitive from justice to this state under the provisions of this chapter, after making a bona fide effort to do so, shall be paid in the manner provided for in subdivision (b)(1).

(c)  (1)  The mileage reimbursement for the demanding agent who returns the fugitive shall be the same as the reimbursement received by a state employee using a personal vehicle for the convenience of the state, in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter and all other actual and necessary expenses.

     (2)  “All other actual and necessary expenses” means and includes the actual expenses for meals and lodging for the demanding agent, alternate agent, guard, escort and the fugitive, plus any other actual expense that the demanding agent might be required to pay in the responding state as a prerequisite to the release of custody of the fugitive to the demanding agent. It also means and includes other items and the costs of those items as now allowed or which may be allowed regular employees of the state of Tennessee under current or subsequent state travel regulations.

     (3)  The mileage travel allowance shall include all miles traveled both inside or outside this state. No separate travel allowance shall be allowed any guard, escort or fugitive unless the travel is made by public transportation and in that event the actual cost of the public transportation will be reimbursed to the agent, guard or escort.

     (4)  No mileage travel allowance will be paid unless the personal automobile of the agent is actually used in travel.

     (5)  Any municipality or other governmental agency in this state which may own, lease or contract for the use of an airplane for the purpose of air travel facilities, and the airplane facilities are used in going after and returning any fugitive from another state, shall be reimbursed the cost of the plane fare for the demanding agent, alternate agent, guard and fugitive in the amount as may be charged by any regular commercial airline, plus other expenses as may be necessary for meals, lodging and the actual expenses incurred in going to and from the airport.

(d)  (1)  The demanding agent shall make out an itemized statement of the agent's actual and necessary expenses as to the number of miles traveled, including the compensation to be paid any guard and swear to those expenses.

     (2)  The itemized statement in subdivision (d)(1) shall be submitted to the governor of this state as a condition precedent to the certificate by the governor directing the payment of the account.

     (3)  Payment to the guard shall be by separate warrant based on the certificate of the governor.

[Code 1858, §§ 5341, 5342 (deriv. Acts 1847-1848, ch. 121); Acts 1901, ch. 96, §§ 1, 2; 1905, ch. 447, § 1; Shan., §§ 7319-7320 a1, a2; Code 1932, §§ 11921-11924; Acts 1939, ch. 70, § 1; mod. C. Supp. 1950, § 11924.3; Acts 1951, ch. 34, § 1; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1961, ch. 119, §§ 1, 2; 1963, ch. 121, § 1; 1971, ch. 244, § 1; T.C.A. (orig. ed.), §§ 40-102840-1031; Acts 1991, ch. 107, § 1.]