Title XL, Crimes and Punishments

(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 conv…

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.

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 neces…

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 t…

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.

(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…

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…

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 appre…

(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 commit…

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.

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 t…

KRS 440.150 to 440.420 may be cited as the Uniform Criminal Extradition Act.

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 othe…

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…

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 allege…

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 investigatin…

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 e…

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…

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 substa…

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…

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 thos…

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 hi…

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 keep…

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 ju…

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, bu…

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 t…

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 su…

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…

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 s…

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 …

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, …

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

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 …

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 w…

(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 i…

(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 …

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…

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 a…

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 extraditi…

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.

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 charg…

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.

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.

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.

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 provisio…

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.

The Governor shall name a state officer or employee to serve as central administrator of and information agent for the agreement on detainers.

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…