People v. Bail Hotline Bail Bonds, Inc.
Decision Date | 23 October 2018 |
Docket Number | Appellate Division No.: CA271359 |
Parties | The PEOPLE, Plaintiff and Appellant, v. BAIL HOTLINE BAIL BONDS, INC., Defendant and Respondent. |
Court | California Superior Court |
Richard E. Madruga, DDA, 330 W. Broadway, Suite 800, San Diego, CA 92101, for Appellant
Matthew Singer, 444 N. Arrowhead Ave. Suite 10, San Bernardino, CA 92401, for Respondent
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 a defendant to custody pursuant to Section 1305 , except for cases where the court determines 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) [].) Arrest "in the underlying case" includes a hold placed on a defendant in another jurisdiction based on an outstanding warrant even if the defendant is otherwise arrested on a separate charge in the other jurisdiction. (See People v. Fairmont Specialty Group (2009) 173 Cal.App.4th 146, 152-153, 92 Cal.Rptr.3d 516.)
A return to "custody" is clearly not synonymous with "extradition" as both terms are used separately in subdivision (f) of section 1305 and "custody" expressly relates to "custody beyond the jurisdiction"—"In all cases where a defendant is in custody beyond the jurisdiction of the court that ordered the bail forfeited, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just...." (Italics added.) The People's suggested interpretation that extradition costs are to be included as "actual costs of returning defendant to custody" is contrary to the express statutory language, and for the appellate division "[t]o conclude otherwise would violate the statutory interpretation principle that every word in a statute must be given operative effect." ( Sevidal v. Target Corp. (2010) 189 Cal.App.4th 905, 924, 117 Cal.Rptr.3d 66.)
Respondent correctly argues that extradition costs may only be recovered pursuant to Penal Code section 1557, which unequivocally governs reimbursement for extradition costs. The statutory requirements of the bail statutes ( People v. International Fidelity Ins. Co. (2018) 20 Cal.App.5th 345, 369, 229 Cal.Rptr.3d 69 ; internal quotations omitted.)
In light of the foregoing, the appellate division need not reach the issue of whether or not officer's salary and benefits are recoverable or the "standing" argument raised by the Respondent.1 The Appellate Division notes that the underlying motion was filed by the District Attorney...
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