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Major Crimes Bureau Unit Orders / 4. OPERATIONS

4-3 Extradition Procedures


4-1 441 Investigative Files
4-7 Emergency Department Mobilization

MAJOR CRIMES BUREAU

DETECTIVE DIVISION

LOS ANGELES COUNTY SHERIFF’S DEPARTMENT

 

            Bureau Order Number:          4-3

            Subject:                                  EXTRADITION PROCEDURES                       

 

Effective Date:

04-02-2001

Last Date Revised:

03-31-2021

Last Date Reviewed:

09-09-2021

Next Review Date:

09-09-2022

 

PURPOSE

The purpose of this order is to set forth guidelines for extradition procedures. This order does not cover the issuance and reporting procedures for the REACT belt. Refer to Bureau Order 4-6, REACT belt.

 

GUIDELINES

The basic policies and procedures governing extraditions are established by the State Attorney General.  Locally, the implementation and enforcement of those policies and procedures are the function of the District Attorney’s Office.  Many aspects of the extradition policies are the result of claims that have been returned as unacceptable, by the State.

It is the responsibility of the District Attorney’s Extradition Office (D.A.) to keep us informed of changes in the State’s policies and procedures as they occur.  All extraditions conducted by the Sheriff’s Department shall be coordinated by the Major Crimes Bureau,(regardless of the section to which the handling deputies are assigned.) Extraditions will be coordinated, cleared, and approved by a Metro Unit Sergeant or Lieutenant.  

The Metro Lieutenant or his/her designee, will maintain a liaison with the D.A.’s Extradition Office and will meet periodically with the head of that office to discuss issues of mutual interest.  The lieutenant is responsible for ensuring that all travel itineraries are pre-approved by a Metro Sergeant prior to submission to the D.A.’s Extradition Office for check out. For training and quality control purposes, MCB Sergeants may be assigned to extraditions on a quarterly basis. Other Bureau sergeants shall not go on extraditions unless they receive prior approval from the Bureau Commander.

Major Crimes Bureau Fugitive Warrant/Extradition section will provide a travel envelope for all approved extraditions.  The travel envelope shall include the following:

NLETS Teletype

Agents nomination

Gun Letters

Booking Slip

Los Angeles County Sheriff’s Department Station Jail Orientation Form

Los Angeles County Unified Arrestee Medical Screening Form

County of Los Angeles Sheriff’s Department Supplemental Report

Copy of Warrant

Fingerprints (If Available)

Photograph (If Available)

Any questions should be directed to the Fugitive Warrant/Extradition section supervisor at (562) 946-7072.

             

AIRLINES

Purchase of airline tickets:

  1. When an extradition assignment is received, personnel shall make their own travel arrangements, keeping them consistent with the State’s requirements.  As a general rule, trips such as Las Vegas and Phoenix are “turn-around trips,” with no overnight stay.  When you call the D.A.’s Extradition Office for your check-out appointment (which should be done as soon as possible after getting the assignment), confirm if the trip is a turn-around or not.
  1. If the trip is an overnighter, the State will usually reimburse a maximum of one night’s stay in the prisoner’s jurisdiction.  Any delays during the trip, causing a longer stay must be explained in writing, and must be given to the D.A.’s Extradition Office at the check-in appointment.  When possible, it is wise to discuss variances with the Extradition Office personnel and a Metro Sergeant as soon as the variance becomes evident, and always prior to actually making any subsequent or additional reservations.
  1. Once your reservations for the trip have been confirmed, contact the agency holding the prisoner to verify that he/she is available for extradition, has waived extradition (or that a Governor’s Warrant has been obtained) and has no medical restrictions.  Also determine the procedure for taking custody of the prisoner for the holding agency.  It is recommended that you send a teletype to the holding agency indicating the date and time of pick up.  A copy of the teletype should be kept with your travel documents for quick reference. Additionally, a telephone call to the holding agency the day before pick up is recommended to facilitate a smooth custody transfer.   
  2. When purchasing flight tickets, the guidelines call for the most direct route, an appropriate time frame, and the lowest rate available on the date of travel.
  1. Do not base your flight plans or choice of airlines on frequent flyer memberships.  If it works out that the most reasonable flight is one on which you will earn mileage, that is allowable, but it cannot be a factor in making your travel plans.  There are very few trips that require more than one stopover in each direction, more will require justification.
  1. Round trip vs one-way tickets is an issue that frequently comes up.  A good rule of thumb is always attempt to locate the fare that is the most cost efficient. Purchasing a round trip ticket can be justified if the fare is cheaper than a one way trip.
  1. When selecting an airline, it is highly recommended that an airline be chosen that permits prisoner handcuffing in accordance with Manual section 3-01/110.23.  Some airlines restrict the flight duration for inmates or their use of restrooms while in flight.
  1. If the prisoner to be extradited is “high-risk” and poses a reasonable risk of escape, has a history of assaults upon peace officers, is mentally unstable, or has a violent felony criminal history (i.e. murder, assault with a deadly weapon, kidnapping/rape by force, etc), consideration shall be given to transporting the prisoner by alternative means other than commercial air, such as the use of Aero Bureau’s King-Air airplane.  If after consideration the use of alternative means of transportation is not feasible or possible due to circumstances beyond the control of the investigator, the decision to transport the prisoner via commercial airlines or public transportation shall be made in consultation with a supervisor. 
  1. If a prisoner to be extradited is deemed to be “high-risk”, an escape risk, assaultive, “high-profile” or mentally unstable, a Metro sergeant shall be assigned to the extradition and accompany the handling investigators during the trip.
  2. The use of a departmentally approved waist-chain, “Band-It” immobilization device, leg restraints and/or high security handcuffs shall be considered during the transportation of a prisoner deemed to be “high risk”, in accordance with airline rules and Department guidelines and policy.
  1. If additional personnel are needed for security purposes, or if the use of alternative transportation other than the use of commercial airlines is to be utilized, a memorandum on Department letterhead justifying the need for such shall be submitted to the D.A.’s Extradition Office and approval will need to be obtained by them in advance of the extradition.  

 

PHONE CALLS

When on an extradition, all business calls which incur a toll charge shall be made with the County Calling Card.  This is an agreement between the D.A.’s Office and the

Sheriff’s Department.  Hotel surcharge for verifiable business calls may be claimed as an authorized expense.  Personal calls, including the surcharge, must be at the expense of the individual.

 

RENTAL CARS

When you rent a car, DO NOT obtain insurance.  Both the State and the County are self-insured, and they will not reimburse you for the cost of insurance.  Should an occasion arise during an extradition where you are authorized to take an extra day, at your own expense and on your own time, you are reminded that you will NOT be covered by the State or the County for use of the rental car during the extra time.  In that case, you are strongly encouraged to take out insurance at your own expense.  This would also be wise, even if you are not spending an extra day at your expense and time, if you plan to use the rental car for personal business during the time you will be on the extradition.  For example: if you plan to visit friends or relatives who live outside of the city in which you are staying, you should insure the car at your own expense.

 

MEALS

The amount of money reimbursed for meals (including the prisoner’s) is set by the state.

 

HOTEL ACCOMMODATIONS

  1. Make your own reservations.  You are not expected to share a room or to stay in substandard accommodations.  You are expected to seek out a reasonable rate.  Always ask for a “Government Rate,” as most hotels will give a reduced rate with proof that you are a Government employee on business.
  1. If you have any doubt about whether the hotel you choose will be acceptable, check with the D.A.’s Extradition Office.

 

MEDICAL EXPENSES FOR THE PRISONER

Be sure and obtain all appropriate paperwork, should the inmate require medical treatment once he/she is in your custody.  Even though you are acting as an agent of the State for the extradition, the County will be responsible for the bill as the prisoner is being transported to L.A. County for prosecution.  This is an agreed upon issue between the County and the State.

 

EXTRA DAYS FOR PERSONAL BUSINESS

The issue of spending additional days, at the officer’s expense and on their own time, has been a point of concern.  The practice is allowable if certain conditions are met.  Specifically, the deputy must obtain a letter from the Unit Commander, to the D.A.’s Extradition Office, stating that the Deputy is permitted to stay the additional day at his/her own expense and that the State and County are not liable/responsible for the Deputy’s actions during that time.  The letter must also stipulate that, without condition, the Sheriff’s Department will assume responsibility for any costs of the trip not reimbursed by the State as a result of the additional day’s stay.

An example of a problem that could arise is during the extra day, the inmate is bonded out, or his/her attorney convinces him/her to fight extradition.  If the prisoner had been taken into custody on the “normal” day, he/she would have been available and would have been transported to L.A.  In this case, the State will most likely refuse to pay most, if not all, of the expenses associated with the trip – making the Sheriff’s Department, or the individual, liable for any costs associated with the trip.  Should the same thing happen when you are returning the next day (as is normally done), the State will pick up the expenses.