{"data":{"id":"us-ky/krs-440.380","jurisdiction":"us-ky","citation":"KRS 440.380","heading":"Waiver of extradition -- Procedure -- Expenses.","body":"(1) When a person charged with commission of a felony in this state or with having\nbeen convicted of a felony here and having escaped from confinement or broken the\nterms of his bail, probation or parole is arrested in another state and waives\nextradition proc eedings, the county judge/executive of the county in which the\nfelony was committed, or from which the escape was made, may, upon filing of a\nverified application by the Commonwealth's attorney or county attorney setting\nforth the fact of waiver and making  all statements required by subsection (1) or\nsubsection (2) of KRS 440.370, enter an order designating an officer to return the\nfugitive to this state without benefit of any procedure incidental to extradition\nproceedings. Upon entry of such order the off icer so designated shall be authorized\nto go after and return the fugitive as the agent of this state and shall receive from the\nState Treasury the same payment for his expenses as is provided by KRS 440.090\nfor agents acting under requisition of the Gover nor. If, in attempting to reclaim the\nfugitive, the agent is acting within the course and scope of his employment, the\namount due shall be paid over to the agent's employer instead of the agent. Claims\nfor reimbursement of expenses under this subsection sh all be accompanied by\ncertified copies of the verified application for appointment of the agent and the\norder of appointment, together with a copy of any process showing delivery of the\nfugitive to the jailer upon return to this state. If the agent is not given possession of\nthe fugitive for reasons beyond the agent's control, he, or his employer, shall\nnevertheless be reimbursed as provided herein, if it is shown that prior to his\nappointment as agent and before departure from the state the fugitive had ex ecuted\nin the presence of any officer authorized to administer an oath a written waiver\nstating that he consents to return to this state without extradition.\n(2) All legal costs incurred in apprehending and securing in this state a fugitive wanted\nin anoth er state shall be paid by the agent of the state demanding him before the\nagent is permitted to remove him or receive him into custody.","path":["KRS Chapter 440"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19258","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:54Z","sha256":"4373b21c3bd84bab23a32d91ef7762bc7d1c7e194d3396025bdc092122969350","source_id":"us-ky","stale":false,"prev":"us-ky/krs-440.375","next":"us-ky/krs-440.390"},"notice":"GroundRules: Original legal text. Not legal advice."}
