People v. Bail Hotline Bail Bonds, Inc.

Good Law
241 Cal. Rptr. 3d 237·29 Cal. App. Supp. 5th 12
Superior Court of CaliforniaOctober 23, 2018Appellate Division No.: CA271359California782 words

Opinion

Lead Opinion

Reasonsccp, J.

*14 The defendant in this case was arrested by local authorities in Las Vegas, and the People unsuccessfully attempted to recover $5,465.78 in alleged extradition costs incurred by the San Diego Police Department under Penal Code section 1306, subdivision (b). The trial court properly denied the People's motion for extradition costs related to returning defendant to San Diego County.

Penal Code section 1306, subdivision (b) is unambiguous and is expressly limited to the court's imposition of "a monetary payment as a condition of relief [from bail forfeiture] to compensate the people for the costs of returning defendant to custody pursuant to Section 1305 , except for cases where the court determines *239 that in the best interest of justice no costs should be imposed." (Italics added.) As explained in People v. Ranger Ins. Co. (1992) 9 Cal.App.4th 1302 , 12 Cal.Rptr.2d 343 :

( Id. at pp. 1307-1308, 12 Cal.Rptr.2d 343 ; original italics; underline added for emphasis.)

Section 1305 uses the term "custody" to include custody within the County and "outside the county," as was the case here. ( Pen. Code, § 1305, subdivision (c)(3) ["If, outside the county where the case is located,…

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