§3195 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

The government that asks for a person's extradition must pay all costs of catching, holding, and sending that person. In international extradition hearings, the judge handling the case must list and certify all witness costs and the magistrate judge’s fees to the Secretary of State. Those fees are then paid from the money set aside for the courts or for the Department of Justice, as appropriate. The Attorney General must tell the Secretary of State how much a foreign government owes the United States for those fees and costs. The Secretary of State must collect that money from the foreign government and send it to the Attorney General to be put into the U.S. Treasury.

Title 18, §3195

Crimes and Criminal Procedure — Source: USLM XML via OLRC

All costs or expenses incurred in any extradition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the demanding authority. All witness fees and costs of every nature in cases of international extradition, including the fees of the magistrate judge, shall be certified by the judge or magistrate judge before whom the hearing shall take place to the Secretary of State of the United States, and the same shall be paid out of appropriations to defray the expenses of the judiciary or the Department of Justice as the case may be. The Attorney General shall certify to the Secretary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State shall cause said amounts to be collected and transmitted to the Attorney General for deposit in the Treasury of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 662, 662c, 662d, 668 (R.S. § 5278; Aug. 3, 1882, ch. 378, § 4, 22 Stat. 216;

June 28, 1902, ch. 1301, § 1, 32 Stat. 475; Mar. 22, 1934, ch. 73, §§ 2, 3, 48 Stat. 455). First paragraph of this section consolidates provisions as to costs and expenses from said section 662, 662c, and 662d. Minor changes were made in phraseology and surplusage was omitted. Remaining provisions of said section 662, 662c, and 662d of title 18, U.S.C., 1940 ed., are incorporated in section 752, 3182, 3183, and 3187 of this title. The words “or the Department of Justice as the case may be” were added at the end of the second paragraph in conformity with the appropriation acts of recent years. See for example act

July 5, 1946, ch. 541, title II, 60 Stat. 460.

Editorial Notes

Amendments

1968—Pub. L. 90–578 substituted “magistrate” for “commissioner” in two places.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge” substituted for “magistrate” wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later

Effective Date

is applicable, which is the earlier of a date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§3195 Payment of fees and costs

Summary

Title 18, §3195

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Citations & Metadata