Probation Department Policy/Procedure Manual

1.12 Extradition Procedure

Location Division Wide
Section N/A
Subject 1.12 Extradition Procedure
Purpose The Probation Department is responsible for the extraditions of Interstate Compact (ICOTS) and Post Release Community Supervision (PRCS) offenders.
Effective Date 10/24/2022
Previous Effective Date

 

Once an ICOTS/PRCS offender, who is out of state, has been taken into custody on an active extraditable warrant from San Luis Obispo County, the following will be completed in a timely manner.

  1. Once the supervising DPO, or their SDPO, has been notified that an ICOTS/PRCS offender has been taken into custody out of state, it will be determined whether the offender was booked on new charges or the extraditable warrant.
    1. If new charges, extradition will not occur until the offender’s court and custody time are completed.
    2. If the offender is ICOTS, the ICOTS DPO will request the receiving state conduct a Probable Cause Hearing as provided in ICAOS Rule 5.108 via the ICAOS system.
      1. A signed document needs to be sent to the ICOTS DPO from the receiving state of the results of the Probable Cause Hearing, to include if this hearing is waived by the offender via the ICAOS system.
  1. Once the offender has completed their custodial commitment in the jurisdiction where they are being held, the DPO/SDPO will notify SLOSO Warrants and Records that the offender is in custody outside of the jurisdiction of San Luis Obispo County and being held on the extraditable warrant.
    1. The DPO/SDPO will advise SLOSO Warrants and Records of the name and location of the holding facility.
    2. If the offender is ICOTS, the Legal Clerk will send the SLOSO Warrants and Records clerk(s) a copy of the offender’s ICOTS waiver.
    3. The SLOSO Warrants and Records clerk(s) will file a detainer with the holding facility to hold the offender.
  1. The PRCS SDPO will notify the Chief Deputy Probation Officer of this impending extradition and seek approval for the extradition to coordinate travel arrangements to pick up the offender.  The PRCS SDPO will then put together a team of two trained DPO’s, as described above, and make travel arrangements to include airfare, lodging, and transportation. If traveling by air, the travel arrangements will include round trip airline tickets for each of the officers and a one-way return ticket for the offender. The PRCS SDPO will approve all proposed travel arrangements.
  1. Weather will need to be considered in making the travel arrangements.
  2. Probation assumes all costs related with the return.
  1. The assigned DPO’s will remain in contact with the holding facility to confirm the offender’s release date and that no last-minute time extension or charges were added.
  1. The DPO’s handling the extradition will add EXTRADITN to the Rec.FuncAr section on their timecards for the hours spent on the trip.