State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-744

§15A‑744.  Costs and expenses.

Subject to the requirementsand restrictions set forth in this section, if the crime is a felony or if aperson convicted in this State of a misdemeanor has broken the terms of hisprobation or parole, reimbursements for expenses shall be paid out of the Statetreasury on the certificate of the Governor. In all other cases, such expensesor reimbursements shall be paid out of the county treasury of the countywherein the crime is alleged to have been committed according to suchregulations as the board of county commissioners may promulgate. In all cases,the expenses, for which repayment or reimbursement may be claimed, shallconsist of the reasonable and necessary travel expense and subsistence costs ofthe extradition agent or fugitive officer, as well as the fugitive, togetherwith such legal fees as were paid to the officials of the state on whosegovernor the requisition is made. The person or persons designated to returnthe fugitive shall not be allowed, paid or reimbursed for any expenses inconnection with any requisition or extradition proceeding unless the expensesare itemized, the statement of same be sworn to under oath, and shall not thenbe paid or reimbursed unless a receipt is obtained showing the amount, the purposefor which said item or sum was expended, the place, date and to whom paid, andsaid receipt or receipts attached to said sworn statement and filed with theGovernor. The Governor shall have the authority, upon investigation, toincrease or decrease any item or expenses shown in said sworn statement, or toinclude items of expenses omitted by mistake or inadvertence. The decision ordetermination of the Governor as to the correct amount to be paid for suchexpenses or reimbursements shall be final. When it is deemed necessary for morethan one agent, extradition agent, fugitive officer or person, to be designatedto return a fugitive from another state to this State, the district attorney orprosecuting officer shall file with his written application to the Governor ofthis State an affidavit setting forth in detail the grounds or reasons why itis necessary to have more than one extradition agent, fugitive officer orperson to be so designated. Among other things, and not by way of limitation,the affidavit shall set forth whether or not the alleged fugitive is adangerous person, his previous criminal record if any, and any record of saidfugitive on file with the Federal Bureau of Investigation or with the prisonauthorities of this State. As a further ground or reason for more than oneextradition agent or fugitive officer to be designated, it may be shown in saidaffidavit the number of fugitives to be returned to this State and any othergrounds or reasons for which more than one extradition agent or fugitiveofficer is desired. If the Governor finds or determines from his owninvestigation and from the information made available to him that more than oneextradition agent or fugitive officer is necessary for the return of a fugitiveor fugitives to this State, he may designate more than one extradition agent orfugitive officer for such purpose. All travel for which expenses orreimbursements are paid or allowed under this section shall be by the nearest,direct, convenient route of travel. If the extradition agent or agents orperson or persons designated to return a fugitive or fugitives from anotherstate to this State shall elect to travel by automobile, a sum not exceedingseven cents (7¢) per mile may be allowed in lieu of all travel expense, andwhich shall be paid upon a basis of mileage for the complete trip. The Governormay promulgate executive orders, rules and regulations governing travel, formsof statements, receipts or any other matter or objective provided for in thissection. The Governor may delegate any or all of the duties, powers andresponsibilities conferred upon him by this section to any executive agent orexecutive clerk on his staff or in his office, and such executive agent orexecutive clerk, when properly authorized, may perform any or all of theduties, powers and responsibilities conferred upon the Governor. Provided thatif the fugitive from justice is an alleged felon, and he be returned withoutthe service of extradition papers by the sheriff or the agent of the sheriff ofthe county in which the felony was alleged to have been committed, the expenseof said return shall be borne by the State of North Carolina under the rulesand regulations made and promulgated by the Governor of North Carolina or theexecutive agent or the executive clerk to whom the said Governor may havedelegated his duties under this section. (1937, c. 273, s. 24; 1953,c. 1203; 1955, c. 289; 1973, c. 1286, s. 16; 1975, c. 166, s. 27; 1981, c. 859,s. 13.9.)