ESCAPES, FUGITIVES FROM JUSTICE, AND EXTRADITION

KRS tit. XL, ch. 440

in effect

KRS 440.010 Warrant for escaped or inadvertently-released convict -- Reward

440.010. Warrant for escaped or inadvertently-released convict -- Reward (1) If a convict escapes from a penitentiary, or is inadvertently released prior to the expiration of the sentence, the warden of that penitentiary shall issue a warrant directed to all peace officers and other persons authorizing and requiring them to capture and convey the convict to the penitentiary. (2) If a convict who is committed to the custody of the Department of Corrections, but is not actually confined in a facility operated by the Department of Corrections, escapes, or is inadvertently released prior to the expiration of the sentence, the commissioner of the Department of Corrections, or the commissioner's designee, shall issue a warrant directed to all peace officers and other persons authorizing and requiring them to capture and convey the convict to the penitentiary. (3) Any person who captures and conveys an escaped convict back to the penitentiary shall be paid a reward of one hundred dollars ($100), and all reasonable expenses, by the state out of appropriations for that purpose. The warden may employ persons to go in pursuit of the convict, and they shall be paid a reasonable compensation for their services. (4) Any officer who refuses or willfully neglects to obey the warrant of the warden shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100). Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 334, sec. 3, effective July 15, 1996. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1936.

KRS 440.020 Confinement of captured convict

440.020. Confinement of captured convict An escaped convict, after he is reconfined, shall remain in the penitentiary until the time of his trial for the escape without an examining trial or bail. His acquittal for the offense of escape shall not affect the original sentence. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1937.

KRS 440.030 Escape of person from custody -- Warrant for capture

440.030. Escape of person from custody -- Warrant for capture If any person in custody under an execution, on mesne or final process, by any order of a judge or on a charge of crime escapes, any judge, upon complaint and affidavit made of the fact, shall issue as many warrants for his capture directed to all peace officers as he deems necessary. The cause of the person's original commitment shall be mentioned in the warrant, and it shall command all peace officers to capture the prisoner and forthwith to convey and commit him to the prison of the county from which he escaped, to be safely kept there, without bail, until discharged by due course of law. The warrant, with the proper endorsement thereon, shall be returned by the proper officer to the clerk of the court having jurisdiction of the cause for which the prisoner was in custody. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 450, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1600, 1601, 1602, 1603.

KRS 440.040 Liability of officer for permitting escape of prisoner in custody

440.040. Liability of officer for permitting escape of prisoner in custody Any officer and his sureties shall be liable, in an action upon his official bond, for the use of the parties aggrieved, in any damages resulting from his voluntarily or negligently permitting the escape of a prisoner in custody. No judgment in such action shall be given unless the jury, by its verdict, finds "that the escape was with the consent of the officer, or by his negligence, or that the prisoner might have been retaken if the officer had, in good faith, made proper efforts to do so." Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1604.

KRS 440.050 Liability for aiding escape of prisoner

440.050. Liability for aiding escape of prisoner Any person who aids a prisoner to escape, or knowingly conceals him after he escapes, or in any way hinders or prevents his capture shall be liable to the party aggrieved for any damages sustained. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1605.

KRS 440.060 Capture and return of fugitive from house of reform

440.060. Capture and return of fugitive from house of reform (1) The officer of a house of reform and any peace officer or citizen may arrest, without warrant, and return to the institution, any child who escapes from a house of reform or home in which an inmate has been placed on parole. (2) A peace officer shall arrest any child known by him to have escaped from a house of reform, and return him to the institution. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2095b-12, 2095b-15, 2095b-31.

KRS 440.070 Repealed, 1960

440.070. Repealed, 1960 Catchline at repeal: Fugitive from another state; duty of Governor; determination of identity; delivery; discharge; payment of costs. History: Repealed 1960 Ky. Acts ch. 135, sec. 30. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1926, 1927, 1928, 1929.

KRS 440.080 Repealed, 1960

440.080. Repealed, 1960 Catchline at repeal: Arrest and delivery of person guilty of felony in another state. History: Repealed 1960 Ky. Acts ch. 135, sec. 30. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1930, 1931.

KRS 440.090 Return to this state of fugitive from justice

440.090. Return to this state of fugitive from justice When the Governor of this state makes requisition upon the Governor of another state for a fugitive from justice, the person named in the requisition as the agent of this state shall, unless a different condition is contained in his commission, be allowed as compensation from the State Treasury for his services a mileage allowance at the same rate fixed by regulations adopted by the secretary of the Finance and Administration Cabinet pursuant to KRS 44.060, plus an additional sum calculated at the rate of five cents ($0.05) per mile for the distance he travels to and from the jail of the county designated in the proclamation to the place where the fugitive is arrested, and any other necessary expenses he pays in reclaiming and returning the fugitive. If, in attempting to reclaim the fugitive, the agent is acting within the course and scope of his employment, the amount due shall be paid over to the agent's employer instead of the agent. When a fugitive is to be returned to this state from a location out of state which is in excess of five hundred (500) miles from the jail to which he is to be returned, commercial air transportation may be utilized in lieu of ground transportation, unless the agent undertaking the transportation decides to utilize ground transportation. Payment for air transportation shall be in lieu of the mileage payment for ground transportation only for that portion of the journey for which air transportation is used. Ground transportation and other expenses shall be paid as authorized herein. If the agent is not given possession of the fugitive for reasons beyond the agent's control, he, or his employer, shall nevertheless be allowed the compensation prescribed by this section. Upon the return of the fugitive to the county in which the jail named in the proclamation is located, the person having him in charge shall go before a judge, who shall issue a mittimus to the jailer to receive the prisoner and keep him until he is discharged. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 30, sec. 1, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 228, sec. 1, effective July 13, 1990. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 451, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 53, sec. 1. -- Amended 1960 Ky. Acts ch. 16, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1934.

KRS 440.100 Reward for apprehension of fugitive from justice

440.100. Reward for apprehension of fugitive from justice In aggravated cases of murder and other felonies against the person when the accused flees from justice, the Governor, on petition of the Circuit or District Judge of the county, may issue a proclamation offering a reward of not more than five hundred dollars ($500) for the apprehension of the accused. This reward shall be paid upon production of a receipt from the officer named in the Governor's proclamation, showing delivery of the fugitive to him, approved and certified by the Circuit Court of the county of that officer's residence. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 452, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 344, 1932.

KRS 440.110 Proclamation offering reward -- Publication

440.110. Proclamation offering reward -- Publication (1) Whenever the Governor issues a proclamation offering a reward for a fugitive from justice or anyone charged with crime, he shall designate in his proclamation the jail to which the prisoner shall be delivered. It need not be the jail of the county where the offense was committed. (2) The Governor may order the proclamation published in a newspaper if he deems it proper under the circumstances and to the interest of the state. If he orders it published, he shall designate the paper or papers in which the publication shall be made and the number of times it shall be inserted. The account for such publication, with the approval of the Governor endorsed on it, shall be paid out of the State Treasury. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1933.

KRS 440.120 Reward is payment in full

440.120. Reward is payment in full Anyone claiming a reward for the apprehension of a fugitive from justice shall be paid the amount of the reward as full compensation for all services and expenses in arresting and returning the fugitive. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1935.

KRS 440.130 Deputizing of agency head of another state for return of escapee or probation or parole violator

440.130. Deputizing of agency head of another state for return of escapee or probation or parole violator (1) The secretary of corrections may deputize the head of an agency of another state which is charged by that state with enforcement of penal laws to act as an agent of this state in effecting the return to this state of any person who has violated the conditions of his probation or parole or who has escaped from a penal institution of this state. In all matters relating to the return of such person to this state, such agent shall have the powers afforded a police officer of this state. (2) Any deputization pursuant to this section shall be in writing. Any person authorized to act as an agent of this state under the terms of this section shall carry on his person such written evidence of his authorization, and shall display the same upon demand. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 331, sec. 54, effective July 15, 1986. -- Created 1954 Ky. Acts ch. 239, secs. 1 and 2.

KRS 440.150 Citation of KRS 440.150 to 440.420

440.150. Citation of KRS 440.150 to 440.420 KRS 440.150 to 440.420 may be cited as the Uniform Criminal Extradition Act. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 1, effective June 16, 1960.

KRS 440.160 Definitions for KRS 440.150 to 440.420

440.160. Definitions for KRS 440.150 to 440.420 Where appearing in KRS 440.150 to 440.420, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor, and any person performing the functions of Governor in a state other than this state, and the term "state," referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 2, effective June 16, 1960.

KRS 440.170 Duty of Governor

440.170. Duty of Governor Subject to the provisions of KRS 440.150 to 440.420, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 3, effective June 16, 1960.

KRS 440.180 Conditions of demand for extradition

440.180. Conditions of demand for extradition No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under KRS 440.210, 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 the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or 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 broken 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 authenticated by the executive authority making the demand. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 4, effective June 16, 1960.

KRS 440.190 Investigation by Attorney General

440.190. Investigation by Attorney General When a demand shall be 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 other officer of 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. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 5, effective June 16, 1960.

KRS 440.200 Demand by this state -- Agreement with other state -- Demand on involuntary departure

440.200. Demand by this state -- Agreement with other state -- Demand on involuntary departure (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated. (2) 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 KRS 440.180 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 6, effective June 16, 1960.

KRS 440.210 Demand when act in this state results in crime in other state

440.210. Demand when act in this state results in crime in other state 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 such other state in the manner provided in KRS 440.180 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, and the provisions of KRS 440.150 to 440.420 not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 7, effective June 16, 1960.

KRS 440.220 Warrant of arrest by Governor

440.220. Warrant of arrest by Governor If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 8, effective June 16, 1960.

KRS 440.230 Execution of warrant

440.230. Execution of warrant Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of KRS 440.150 to 440.420, to the duly authorized agent of the demanding state. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 9, effective June 16, 1960.

KRS 440.240 Assistance in making arrest

440.240. Assistance in making arrest Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 10, effective June 16, 1960.

KRS 440.250 Procedure upon arrest

440.250. Procedure upon arrest No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a Circuit Court or District Court in this state, 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 legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting attorney of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 453, effective January 2, 1978. -- Created 1960 Ky. Acts ch. 135, sec. 11, effective June 16, 1960.

KRS 440.260 Confinement of prisoner en route -- Duty of jailer -- Evidence of extradition

440.260. Confinement of prisoner en route -- Duty of jailer -- Evidence of extradition (1) The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and 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 being chargeable with the expense of keeping. (2) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have 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, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and 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, however, being chargeable with the expense of keeping; provided, however, that 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 of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 13, effective June 16, 1960.

KRS 440.270 Person charged with crime in other state may be arrested in this state -- Procedure -- Warrant required

440.270. Person charged with crime in other state may be arrested in this state -- Procedure -- Warrant required (1) Whenever any person within this state shall be charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under KRS 440.210, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge 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, and, except in cases arising under KRS 440.210, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole and is believed to be in this state, the judge 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 Circuit or District Judge of the county in which he was arrested who may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. (2) No bail bondsman or his agent shall arrest, detain, imprison, or remove from the state any person for having broken the terms of his bail unless a warrant for that person's arrest has been issued as provided for in subsection (1) of this section. (3) Any violation of subsection (2) of this section shall be deemed as a Class D felony and punishable thereas. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 454, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 95, sec. 1. -- Created 1960 Ky. Acts ch. 135, sec. 14, effective June 16, 1960.

KRS 440.280 Arrest may be made without warrant -- Conditions -- Procedure

440.280. Arrest may be made without warrant -- Conditions -- Procedure The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one (1) year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 15, effective June 16, 1960.

KRS 440.290 Commitment in jail pending Governor's warrant issued on requisition

440.290. Commitment in jail pending Governor's warrant issued on requisition If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under KRS 440.210, that he has fled from justice, the judge must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty (30) 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 KRS 440.300, or until he shall be legally discharged. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 16, effective June 16, 1960.

KRS 440.300 Bail permitted -- Conditions

440.300. Bail permitted -- Conditions 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, a judge in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this state. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 17, effective June 16, 1960.

KRS 440.310 Failure to arrest under warrant of Governor -- Discharge -- Recommitment

440.310. Failure to arrest under warrant of Governor -- Discharge -- Recommitment If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, the judge may discharge him or may recommit him for a further period not to exceed sixty (60) days, or may again take bail for his appearance and surrender, as provided in KRS 440.300, but within a period not to exceed sixty (60) days after the date of such new bond. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 18, effective June 16, 1960.

KRS 440.320 Forfeiture of bond

440.320. Forfeiture of bond If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, 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 state as in the case of other bonds given by the accused in criminal proceedings within this state. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 19, effective June 16, 1960.

KRS 440.330 Extradition may be granted person accused or convicted in this state -- Conditions

440.330. Extradition may be granted person accused or convicted in this state -- Conditions The Governor may in his discretion surrender upon demand of the executive authority of another state, any person found in this state, notwithstanding the fact that a criminal prosecution or charges under the laws of this state are pending against such person, or that such person has been convicted in this state and is serving a sentence in any penal institution of this state. The Governor may condition the release of such prisoner to the demanding state upon such terms as he may stipulate, including the condition that the prisoner be returned to this state immediately after trial and before commencing the service of sentence, if any, in the demanding state; provided, however, in no case shall surrender of such prisoner be construed as a complete relinquishment of jurisdiction by this state, but such prisoner shall forthwith be returned to the custody of this state at expense of the demanding state, immediately after trial in the demanding state, or the completion of sentence therein, as the case may be. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 20, effective June 16, 1960.

KRS 440.340 Inquiry as to guilt prohibited after demand for extradition

440.340. Inquiry as to guilt prohibited after demand for extradition The guilt or innocence of the accused as to the crime of 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 shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. Effective: June 16, 1960. History: Created 1960 Ky. Acts ch. 135, sec. 21, effective June 16, 1960.

KRS 440.350 Control of warrant

440.350. Control of warrant The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 22, effective June 16, 1960.

KRS 440.360 Warrant of Governor to receiving officer

440.360. Warrant of Governor to receiving officer Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 23, effective June 16, 1960.

KRS 440.370 Application for return of person charged with crime -- Person convicted -- Requisites and procedures

440.370. Application for return of person charged with crime -- Person convicted -- Requisites and procedures (1) When the return to this state of a person charged with crime in this state is required, the Commonwealth's attorney or county attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the said prosecuting 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. (2) When the return to this state is required of a person who has been convicted of a crime in this state and escaped from confinement or broken the terms of his bail, probation or parole, the Commonwealth's attorney or county attorney of the county in which the offense was committed, the chairman of the parole board, or the warden of the institution or county attorney of the county from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made. (3) The application shall be verified by affidavit, shall be executed in triplicate and shall be accompanied by three (3) certified copies of the indictment returned, or affidavit made before a judge and warrant of arrest issued thereon, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The Commonwealth's attorney or county attorney, chairman of the parole board or warden shall also attach such further affidavits and other documents in triplicate as he or the Attorney General may deem proper to be submitted with such application. When the application is made pursuant to subsection (1) of this section, the prosecuting attorney shall, unless the case is of the type mentioned in KRS 440.210, submit to the Governor proof in the form of an affidavit that the accused was personally present in this state at the time of commission of the crime charged. One (1) copy of the application, with the action of the Governor indicated by endorsement thereon, and one (1) of the certified copies of the indictment, affidavit and warrant, or of the judgment of conviction or of the sentence shall be filed in the Office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 455, effective January 2, 1978. -- Created 1960 Ky. Acts ch. 135, sec. 24, effective June 16, 1960.

KRS 440.375 Extradition of persons charged with custodial interference

440.375. Extradition of persons charged with custodial interference (1) The county attorney shall present to the Governor a written application prepared in accordance with KRS 440.370 for the return from any other state of any person charged with a violation of KRS 509.070. (2) Upon receipt of the county attorney's application, the Governor may immediately demand from the executive authority of any other state the return of any person charged with a violation of KRS 509.070. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 72, sec. 1, effective June 17, 1978.

KRS 440.380 Waiver of extradition -- Procedure -- Expenses

440.380. Waiver of extradition -- Procedure -- Expenses (1) When a person charged with commission of a felony in this state or with having been convicted of a felony here and having escaped from confinement or broken the terms of his bail, probation or parole is arrested in another state and waives extradition proceedings, the county judge/executive of the county in which the felony was committed, or from which the escape was made, may, upon filing of a verified application by the Commonwealth's attorney or county attorney setting forth the fact of waiver and making all statements required by subsection (1) or subsection (2) of KRS 440.370, enter an order designating an officer to return the fugitive to this state without benefit of any procedure incidental to extradition proceedings. Upon entry of such order the officer so designated shall be authorized to go after and return the fugitive as the agent of this state and shall receive from the State Treasury the same payment for his expenses as is provided by KRS 440.090 for agents acting under requisition of the Governor. If, in attempting to reclaim the fugitive, the agent is acting within the course and scope of his employment, the amount due shall be paid over to the agent's employer instead of the agent. Claims for reimbursement of expenses under this subsection shall be accompanied by certified copies of the verified application for appointment of the agent and the order of appointment, together with a copy of any process showing delivery of the fugitive to the jailer upon return to this state. If the agent is not given possession of the fugitive for reasons beyond the agent's control, he, or his employer, shall nevertheless be reimbursed as provided herein, if it is shown that prior to his appointment as agent and before departure from the state the fugitive had executed in the presence of any officer authorized to administer an oath a written waiver stating that he consents to return to this state without extradition. (2) All legal costs incurred in apprehending and securing in this state a fugitive wanted in another state shall be paid by the agent of the state demanding him before the agent is permitted to remove him or receive him into custody. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 30, sec. 2, effective July 14, 2000. -- Created 1960 Ky. Acts ch. 135, sec. 25, effective June 16, 1960.

KRS 440.390 Immunity from civil process

440.390. Immunity from civil process A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been 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. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 26, effective June 16, 1960.

KRS 440.400 Waiver of extradition by person arrested in this state -- Procedure -- Effect

440.400. Waiver of extradition by person arrested in this state -- Procedure -- Effect (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 bail, probation or parole may waive the issuance and service of the warrant provided for in KRS 440.220 and 440.230 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any District or Circuit Court within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in KRS 440.250. (2) If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Secretary of State of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, however, that 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, nor shall this waiver procedure 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. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 456, effective January 2, 1978. -- Created 1960 Ky. Acts ch. 135, sec. 27, effective June 16, 1960.

KRS 440.410 Construction against waiver of any of this state's rights

440.410. Construction against waiver of any of this state's rights Nothing contained in KRS 440.150 to 440.420 shall be deemed to constitute a waiver by this state of its right, power, or privilege to try such 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 KRS 440.150 to 440.420 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 way whatsoever. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 28, effective June 16, 1960.

KRS 440.420 Returned person subject to prosecution for other crimes

440.420. Returned person subject to prosecution for other crimes After a person has been brought back to this state by or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 29, effective June 16, 1960.

KRS 440.450 Interstate agreement on detainers

440.450. Interstate agreement on detainers The agreement on detainers is hereby enacted into law and entered into by the Commonwealth of Kentucky with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that: ARTICLE I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures. ARTICLE II As used in this agreement: (1) "State" shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (2) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof. (3) "Receiving state" shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof. ARTICLE III (1) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty (180) days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint: provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. (2) The written notice and request for final disposition referred to in paragraph (1) hereof shall be given or sent by the prisoner to the warden, secretary of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by certified mail, return receipt requested. (3) The warden, secretary of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based. (4) Any request for final disposition made by a prisoner pursuant to paragraph (1) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, secretary of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. (5) Any request for final disposition made by a prisoner pursuant to paragraph (1) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (4) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. (6) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (1) hereof shall void the request. ARTICLE IV (1) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V(1) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request: and provided further that there shall be a period of thirty (30) days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner. (2) Upon receipt of the officer's written request as provided in paragraph (1) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. (3) In respect of any proceeding made possible by this Article, trial shall be commenced within one hundred twenty (120) days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. (4) Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (1) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery. (5) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V(5) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. ARTICLE V (1) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian. (2) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (a) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given. (b) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made. (3) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. (4) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one (1) or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. (5) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. (6) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow. (7) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law. (8) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one (1) or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. ARTICLE VI (1) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter. (2) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill. ARTICLE VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement. ARTICLE VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof. ARTICLE IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 331, sec. 55, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 114, sec. 106, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 219, sec. 1.

KRS 440.455 Repealed, 1990

440.455. Repealed, 1990 Catchline at repeal: Interstate agreement on detainers to apply to detainers based on affidavits and warrants charging violation of probation and parole. History: Repealed 1990 Ky. Acts ch. 497, sec. 30, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 211, sec. 1.

KRS 440.460 "Appropriate court" defined

440.460. "Appropriate court" defined The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean the Circuit Court of competent jurisdiction. History: Created 1974 Ky. Acts ch. 219, sec. 2.

KRS 440.470 Enforcement -- Cooperation of courts, agencies, etc

440.470. Enforcement -- Cooperation of courts, agencies, etc All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose. History: Created 1974 Ky. Acts ch. 219, sec. 3.

KRS 440.480 Construction

440.480. Construction Nothing in KRS 440.450 to 440.510 or in the agreement on detainers shall be construed to require the application of KRS 532.080 to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 188, sec. 301, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 219, sec. 4.

KRS 440.490 Escape -- Punishment

440.490. Escape -- Punishment An escape from custody in another state while in custody in another state pursuant to the agreement on detainers shall be deemed, for all purposes, as an escape from confinement in this state and may be punished as provided by KRS 520.020 to 520.040 and 506.010, or other provision of law, as applicable. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 188, sec. 302, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 219, sec. 5.

KRS 440.500 Warden's duties under agreement

440.500. Warden's duties under agreement It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers. History: Created 1974 Ky. Acts ch. 219, sec. 6.

KRS 440.510 Administrator

440.510. Administrator The Governor shall name a state officer or employee to serve as central administrator of and information agent for the agreement on detainers. History: Created 1974 Ky. Acts ch. 219, sec. 7.

KRS 440.990 Penalty

440.990. Penalty Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful disobedience to KRS 440.250, shall be guilty of a misdemeanor and, on conviction, shall be fined not less than one hundred ($100) nor more than one thousand dollars ($1,000) or imprisoned in the county jail not less than ten (10) nor more than thirty (30) days, or both. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 12, effective June 16, 1960.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39327Fetched: 10/20/2026