Opinion No. (1997)

DANIEL E. LUNGREN Attorney General GREGORY S. GONOT Deputy Attorney General THE HONORABLE THOMAS W. SNEDDON, JR., DISTRICT ATTORNEY, COUNTY OF SANTA BARBARA, has requested an opinion on the following questions: 1. When an arrest warrant or bench warrant is issued after a defendant has failed to appear in court upon being released from the county jail and the defendant is rearrested in another county, which agency bears the cost of transporting the defendant back to the original county? 2. When a warrant for rearrest is issued for a violation of probation and the defendant is rearrested in another county, which agency bears the cost of transporting the defendant back to the original county? CONCLUSIONS 1. When an arrest warrant or bench warrant is issued after a defendant has failed to appear in court upon being released from the county jail and the defendant is rearrested in another county, the law enforcement agency that initiated the prosecution bears the cost of transporting the defendant back to the original county. 2. When a warrant for rearrest is issued for a violation of probation and the defendant is rearrested in another county, the probation department bears the cost of…