(A) The following procedure is hereby set up to withdraw money from and obtain advances from the Extradition Fund set up under I.C. 35-33-14.
(B) Any individual duly authorized by the court with the proper jurisdiction to return a prisoner to the state shall be reimbursed for reasonable expenses so incurred by filing a claim with the Auditor of the county enumerating expenses so incurred and supported by reasonable documentation of such expenses other than those for which presumptions are established under this section or according to the statutes of the state.
(C) In event the person duly designated by the court of competent jurisdiction to return a prisoner to the state wishes an advance for expenses anticipated in obtaining such prisoner’s return to the state and to the county, he or she shall follow the following procedure: that after the prosecuting attorney has filed the petition, as set forth by statute, before the court of proper jurisdiction, and the court has authorized the return of such prisoner and designated an agent to return such prisoner, the agent may make a written petition to the Auditor of the county setting forth the following information:
(1) The name of the agent;
(2) The court having jurisdiction over such cause including the cause number out of such court;
(3) The petition of the prosecuting attorney asking that such prisoner be returned;
(4) The order of the court authorizing such return;
(5) The location where such prisoner is being held or to which the agent will have to go to obtain said prisoner to be returned to the county;
(6) The method of transportation that the agent selects to go to and from the point where said prisoner is being held or to which the agent will need to go to pick up such prisoner;
(7) The mileage to and from such point;
(8) When the agent intends to leave and what date he or she expects to pick up such prisoner for his or her return to the county; and
(9) Any other information which the Auditor determines is necessary to process the claim for such advancement.
(D) The Auditor shall review such petition and can make any independent inquiry which he or she deems necessary to determine its validity.
(E) If the Auditor determines such petition to be valid, the Auditor may advance the following sums to the Agent:
(1) The entire cost of air fare at the lowest available rate, if the agent elects to go by air, for the agent to and from such location and for the prisoner one way to return. The air fare shall be determined by the actual cost of such air fare;
(2) In event the agent elects to go to and from such point by personal automobile, he or she shall be advanced the sum to be determined by multiplying the number of miles to and from the location where such prisoner is to be picked up by the state rate of reimbursement for in-state and out-of-state travel;
(3) Additionally, the agent shall be advanced $50 per day for lodging for each day the agent anticipates he or she will be gone from the county. For these purposes, it shall be presumed that the agent will be gone one day for each 500-mile fraction thereof to and from the point to pick up said prisoner and two days to be at the point where said one prisoner is to be picked up, if the agent elects to travel by automobile. In event the agent elects to travel by air or other public transportation, then he or she shall be allowed one day for the trip to the point where said prisoner is to be returned, one day to return, and two days at the location where said prisoner is to be picked up; and
(4) In addition, the agent and each person authorized to go with such agent shall be allowed the state rate for subsistence per day for himself or herself and such trip based on the same premises as heretofore set forth for the number of days contemplated and state subsistence rate for each day that he or she has the prisoner in his or her custody.
(F) At such time as the agent returns, he or she shall file with the Auditor a statement of expenses; provided, however, he or she shall not have to justify further any expenses for actual mileage to and from the point where said prisoner is to be picked up. He or she shall add up the deductions for the money so advanced, and any additional sums claimed and justified by the agent shall be paid by the Auditor to such agent; and, likewise, in event such agent has failed to justify all sums advanced to him or her, he or she shall be responsible to repay to the County Treasurer any expenses not so justified.
(Ord. 1-4-7.2, passed 10-6-1986)