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STATE OF NORTH CAROLINA <br /> <br /> OFFICE OF THE GOVERNOR <br /> RALEIGH 27611 <br /> <br /> August 18, 1980 <br /> <br /> Mr. Charles D. McGinnis <br /> Cabarrus County Manager <br /> Post Office Box 707 <br /> Concord, North Carolina 28025 <br /> <br /> RE: Payment of Expenses for the Return of Fugitive <br /> Misdemeanant Probationers <br /> <br /> Dear Mr. McGinnis: <br /> <br />The purpose of this letter is to inform you of a change which the State <br />of North Carolina was forced to mak'e in its policy concerning the return <br />of fugitive misdemeanant probationers to this state for court proceedings <br />when the probationer has fled to another state. <br /> <br />For many years, the State of North Carolina has paid for the expenses <br />involved in the return of these fugitives. In April of 1980, the <br />Division of Adult Probation and Parole~ which has responsibility in this <br />area, made a supplemental budget request for additional funds to provide <br />for the extradition of fugitive misdemeanant probationers. The Office <br />of State Budget and Management notified the Department of Correction <br />that under N.C.G.S. i5A-744, the Division of Adult Probation and ParoIe <br />was not permitted to pay for the expenses of the return of these fugitive <br />misdemeanant probationers. The Office of State Budget and Management <br />suggested that the Department of Correction request an opinion from the <br />State Attorney General to determine whetiter the expenses for returning <br />these individuals should be reimbursed by the county involved, or by the <br />State of North Carolina, through the Department of Correction. <br /> <br />I requested that opinion from the State Attorney General. The Attorney <br />General ruled that "the appropriate county treasury where the misdemeanor <br />allegedly occurred is responsible for the payment of expenses involved <br />in the extradition of a fugitive misdemeanant probationer from an asytum <br />state." I have enclosed a copy of the Attorney General's opinion for' <br />your information. <br /> <br />Based on the Attorney GeneraFs opinion, we had no alternative but to <br />institute two policy changes in our procedures for the extradition of <br />fugitive misdemeanant probationers: <br /> <br /> <br />