15 §224-A. Extradition Account
Title 15: COURT PROCEDURE -- CRIMINAL
Part 1: CRIMINAL PROCEDURE GENERALLY
Chapter 9: CRIMINAL EXTRADITION
Subchapter 4: APPLICATION; MISCELLANEOUS PROVISIONS
§224-A. Extradition Account
1. Establishment. Notwithstanding any other provision of law, there is established an Extradition Account in each prosecutorial district in an amount not to exceed $20,000, to be administered by the district attorney and to be used solely for the purpose of paying the expenses of extraditing persons charged with or convicted of a crime in this State and who are fugitives from justice, as defined in section 201, subsection 4.
[ 1995, c. 447, §1 (AMD) .]
2. Funding. The Extradition Account in each prosecutorial district is funded by bail forfeited to and recovered by the State pursuant to the Maine Rules of Criminal Procedure, Rule 46. Whenever bail is so forfeited and recovered by the State and if it is not payable as restitution pursuant to Title 17-A, section 1329, subsection 3-A, the district attorney shall determine whether it or a portion of it is deposited in the Extradition Account for that district attorney's prosecutorial district, but in no event may the account exceed $20,000. Any bail so forfeited and recovered and not deposited in the Extradition Account must be deposited in the General Fund. Any unexpended balance in the Extradition Account of a prosecutorial district established by this section may not lapse but must be carried forward into the next year.
[ 2007, c. 31, §1 (AMD) .]
3. Review by district attorney. The district attorney shall review monthly the Extradition Account and the expenses of that prosecutorial district in connection with the extradition of fugitives from justice and shall determine whether any funds in the account must be transferred to the General Fund.
[ 1995, c. 447, §3 (AMD) .]
4. Audit. Every district attorney shall have an annual audit made by the Department of Audit or by a certified public accountant selected by the district attorney of the Extradition Account for his prosecutorial district, covering the last complete fiscal year.
If the auditor finds in the course of his audit evidence of improper transactions, incompetency in keeping accounts or handling funds, failure to comply with this section or any other improper practice of financial administration, he shall report the same to the Attorney General immediately.
[ 1983, c. 843, §11 (NEW) .]
5. Advances and accounting. The district attorney shall advance funds from the Extradition Account to the agents designated by him to return a fugitive from justice to this State. A full accounting of all expenses and the return of all unused funds shall be made by the agents no later than 3 business days from the date of return. All funds returned shall be credited to the Extradition Account from which they were paid.
[ 1983, c. 843, §11 (NEW) .]
SECTION HISTORY
1983, c. 843, §11 (NEW). 1983, c. 862, §42 (AMD). 1991, c. 377, §7 (AMD). 1995, c. 447, §§1-3 (AMD). 2007, c. 31, §1 (AMD).