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DATE: 6 June ].980 <br /> <br />SUBJECT: Extradition; Reimbursement of extradition <br /> expenses for the'return of a fugitive <br /> misdemeanant probationer; N.C.G.S. ~ 15A-744 <br /> <br />REQUESTED BY: Mr. Jack Cozort <br /> Legal Counsel to the Governor <br /> <br />QUESTION: Shall the State Treasury or the appropriate <br /> County Treasury pay the costs and expenses <br /> for the return of a fugitive misdemeanant <br /> probationer? <br /> <br />CONCLUSION: The appropriate County Treasury where the <br /> misdemeanor allegedly occurred is responsible <br /> for the payment of expenses involved in the <br /> extradition of a fugitive misdemeanant <br /> probationer from an asylum state. <br /> <br /> An extradition agent is ordinarily entitled to reimburse- <br />ment for travel expenses and subsistence costs involved in <br />returning a fugitive to North Carolina from an asylum state. <br />However, the question arises as to who is ultimately responsible <br />for this reimbursement, the State or County wherein the <br />extraditable crime allegedly occurred? <br /> <br /> North Carolina is a party to the Uniform Criminal <br />Extradition Act, codified in Article 37 of Chapter 1SA of <br />the General Statutes of North Carolina. N.C.G.S. ~ 15A-721 <br />et seq. Although the rendition laws are generally uniform, <br />the cost and expense provisions for the reimbursement of <br />extradition agents vary among the different states. The <br />reimbursement provision adopted in North Carolina is a variation <br />of the suggested uniform rule. N.C.G.S. ~ 15A-744 provides <br />in part, the following: <br /> <br /> <br />