Mississippi and South Carolina), there is a distinction between fugitives who were in the demanding state at the time of the crime and those nonfugitives whose prior presence is not so alleged. The first type is mandatory under the United States Constitution. The less frequent second type allows for some Gubernatorial discretion. These cases can involve bad checks or failure to pay child support but they still must be criminal matters. Bounty hunters and bondsmen once had unlimited authority to capture fugitives, even outside the state where they were wanted by the courts. When they deliver such a person, this is considered rendition, as it did not involve the intervention of the justice system in the state of capture. Under more recent law, bounty hunters are not legally permitted to act outside of the state where the offense took place, but cases of rendition still take place due to the financial interest the bondsmen have in returning a fugitive and recovering from the bail bond forfeiture. Formally, such fugitive cases should be turned over to the state for execution under the Uniform Criminal Extradition Act (1936) and the Uniform Extradition and Rendition Act (1980), if the fugitive's location is known, or the United States Marshals Service, when it is not. Before attempting to apprehend a bail fugitive in the State of California who has fled bail from another state, a bounty hunter or bail bondsman must adhere to the provisions set forth in California Penal Code Section 847.5. California Penal Code Section 847.5 Fugitive admitted to bail in another state; affidavit; hearing; warrant for arrest; order for return If a person has been admitted to bail in another state, escapes bail, and is present in this State, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which he was convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of his bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which he escaped bail. The magistrate may require such additional evidence