31-481

31-481. Agreement; authorization;
contents

The agreement on detainers is entered into by this state with all other
jurisdictions legally joining such agreement in the form substantially as follows:

The Agreement on Detainers

The contracting states solemnly agree that:

Article I

The party states find that charges outstanding against a prisoner, detainers based
on untried indictments, informations or complaints, and difficulties in securing speedy
trial of persons already incarcerated in other jurisdictions, produce uncertainties which
obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the
policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states
also find that proceedings with reference to such charges and detainers, when emanating
from another jurisdiction, cannot properly be had in the absence of cooperative
procedures. It is the further purpose of this agreement to provide such cooperative
procedures.

Article II

As used in this agreement:

(a) "State" shall mean a state of the United States; the United States of America;
a territory or possession of the United States; the District of Columbia; the
Commonwealth of Puerto Rico.

(b) "Sending state" shall mean a state in which a prisoner is incarcerated at the
time that he initiates a request for final disposition pursuant to Article III hereof or
at the time that a request for custody or availability is initiated pursuant to Article
IV hereof.

(c) "Receiving state" shall mean the state in which trial is to be had on an
indictment, information or complaint pursuant to Article III or Article IV hereof.

Article III

(a) Whenever a person has entered upon a term of imprisonment in a penal or
correctional institution of a party state, and whenever during the continuance of the
term of imprisonment there is pending in any other party state any untried indictment
information or complaint on the basis of which a detainer has been lodged against the
prisoner, he shall be brought to trial within one hundred eighty days after he shall have
caused to be delivered to the prosecuting officer and the appropriate court of the
prosecuting officer's jurisdiction written notice of the place of his imprisonment and
his request for a final disposition to be made of the indictment, information or
complaint: provided that for good cause shown in open court, the prisoner or his counsel
being present, the court having jurisdiction of the matter may grant any necessary or
reasonable continuance. The request of the prisoner shall be accompanied by a
certificate of the appropriate official having custody of the prisoner, stating the term
of commitment under which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time earned, the time of
parole eligibility of the prisoner, and any decisions of the state parole agency relating
to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph
(a) hereof shall be given or sent by the prisoner to the warden, commissioner of
corrections or other official having custody of him, who shall promptly forward it
together with the certificate to the appropriate prosecuting official and court by
registered or certified mail, return receipt requested.

(c) The warden, commissioner of corrections or other official having custody of the
prisoner shall promptly inform him of the source and contents of any detainer lodged
against him and shall also inform him of his right to make a request for final
disposition of the indictment, information or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to paragraph (a)
hereof shall operate as a request for final disposition of all untried indictments,
informations or complaints on the basis of which detainers have been lodged against the
prisoner from the state to whose prosecuting official the request for final disposition
is specifically directed. The warden, commissioner of corrections or other official
having custody of the prisoner shall forthwith notify all appropriate prosecuting
officers and courts in the several jurisdictions within the state to which the prisoner's
request for final disposition is being sent of the proceeding being initiated by the
prisoner. Any notification sent pursuant to this paragraph shall be accompanied by
copies of the prisoner's written notice, request, and the certificate. If trial is not
had on any indictment, information or complaint contemplated hereby prior to the return
of the prisoner to the original place of imprisonment, such indictment, information or
complaint shall not be of any further force or effect, and the court shall enter an order
dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a)
hereof shall also be deemed to be a waiver of extradition with respect to any charge or
proceeding contemplated thereby or included therein by reason of paragraph (d) hereof,
and a waiver of extradition to the receiving state to serve any sentence there imposed
upon him, after completion of his term of imprisonment in the sending state. The request
for final disposition shall also constitute a consent by the prisoner to the production
of his body in any court where his presence may be required in order to effectuate the
purposes of this agreement and a further consent voluntarily to be returned to the
original place of imprisonment in accordance with the provisions of this
agreement. Nothing in this paragraph shall prevent the imposition of a concurrent
sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his execution of the request
for final disposition referred to in paragraph (a) hereof shall void the request.

Article IV

(a) The appropriate officer of the jurisdiction in which an untried indictment,
information or complaint is pending shall be entitled to have a prisoner against whom he
has lodged a detainer and who is serving a term of imprisonment in any party state made
available in accordance with Article V(a) hereof upon presentation of a written request
for temporary custody or availability to the appropriate authorities of the state in
which the prisoner is incarcerated: provided that the court having jurisdiction of such
indictment, information or complaint shall have duly approved, recorded and transmitted
the request: and provided further that there shall be a period of thirty days after
receipt by the appropriate authorities before the request be honored, within which period
the governor of the sending state may disapprove the request for temporary custody or
availability, either upon his own motion or upon motion of the prisoner.

(b) Upon receipt of the officer's written request as provided in paragraph (a)
hereof, the appropriate authorities having the prisoner in custody shall furnish the
officer with a certificate stating the term of commitment under which the prisoner is
being held, the time already served, the time remaining to be served on the sentence, the
amount of good time earned, the time of parole eligibility of the prisoner, and any
decisions of the state parole agency relating to the prisoner. Said authorities
simultaneously shall furnish all other officers and appropriate courts in the receiving
state who have lodged detainers against the prisoner with similar certificates and with
notices informing them of the request for custody or availability and of the reasons
therefor.

(c) In respect of any proceeding made possible by this Article, trial shall be
commenced within one hundred twenty days of the arrival of the prisoner in the receiving
state, but for good cause shown in open court, the prisoner or his council being present,
the court having jurisdiction of the matter may grant any necessary or reasonable
continuance.

(d) Nothing contained in this Article shall be construed to deprive any prisoner of
any right which he may have to contest the legality of his delivery as provided in
paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that
the executive authority of the sending state has not affirmatively consented to or
ordered such delivery.

(e) If trial is not had on any indictment, information or complaint contemplated
hereby prior to the prisoner's being returned to the original place of imprisonment
pursuant to Article V(e) hereof, such indictment, information or complaint shall not be
of any further force or effect, and the court shall enter an order dismissing the same
with prejudice.

Article V

(a) In response to a request made under Article III or Article IV hereof, the
appropriate authority in a sending state shall offer to deliver temporary custody of such
prisoner to the appropriate authority in the state where such indictment, information or
complaint is pending against such person in order that speedy and efficient prosecution
may be had. If the request for final disposition is made by the prisoner, the offer of
temporary custody shall accompany the written notice provided for in Article III of this
agreement. In the case of a federal prisoner, the appropriate authority in the receiving
state shall be entitled to temporary custody as provided by this agreement or to the
prisoner's presence in federal custody at the place for trial, whichever custodial
arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary
custody shall present the following upon demand:

(1) Proper identification and evidence of his authority to act for the state into
whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information or complaint on the basis
of which the detainer has been lodged and on the basis of which the request for temporary
custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody
of said person, or in the event that an action on the indictment, information or
complaint on the basis of which the detainer has been lodged is not brought to trial
within the period provided in Article III or Article IV hereof, the appropriate court of
the jurisdiction where the indictment, information or complaint has been pending shall
enter an order dismissing the same with prejudice, and any detainer based thereon shall
cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be only for the
purpose of permitting prosecution on the charge or charges contained in one or more
untried indictments, informations or complaints which form the basis of the detainer or
detainers or for prosecution on any other charge or charges arising out of the same
transaction. Except for his attendance at court and while being transported to or from
any place at which his presence may be required, the prisoner shall be held in a suitable
jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement,
the prisoner shall be returned to the sending state.

(f) During the continuance of temporary custody or while the prisoner is otherwise
being made available for trial as required by this agreement, the time being served on
the sentence shall continue to run but good time shall be earned by the prisoner only if,
and to the extent that, the law and practice of the jurisdiction which imposed the
sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in
this agreement is exercised, the prisoner shall be deemed to remain in the custody of and
subject to the jurisdiction of the sending state and any escape from temporary custody
may be dealt with in the same manner as an escape from the original place of imprisonment
or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to
this agreement until such prisoner is returned to the territory and custody of the
sending state, the state in which the one or more untried indictments, informations or
complaints are pending or in which trial is being had shall be responsible for the
prisoner and shall also pay all costs of transporting, caring for, keeping and returning
the prisoner. The provisions of this paragraph shall govern unless the states concerned
shall have entered into a supplementary agreement providing for a different allocation of
costs and responsibilities as between or among themselves. Nothing herein contained
shall be construed to alter or affect any internal relationship among the departments,
agencies and officers of and in the government of a party state, or between a party state
and its subdivisions, as to the payment of costs, or responsibilities therefor.

Article VI

(a) In determining the duration and expiration dates of the time periods provided
in Articles III and IV of this agreement, the running of said time periods shall be
tolled whenever and for as long as the prisoner is unable to stand trial, as determined
by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement,
shall apply to any person who is adjudged to be mentally ill.

Article VII

Each state party to this agreement shall designate an officer who, acting jointly
with like officers of other party states, shall promulgate rules and regulations to carry
out more effectively the terms and provisions of this agreement, and who shall provide,
within and without the state, information necessary to the effective operation of this
agreement.

Article VIII

This agreement shall enter into full force and effect as to a party state when such
state has enacted the same into law. A state party to this agreement may withdraw
herefrom by enacting a statute repealing the same. However, the withdrawal of any state
shall not affect the status of any proceedings already initiated by inmates or by state
officers at the time such withdrawal takes effect, nor shall it affect their rights in
respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate its purposes. The
provisions of this agreement shall be severable and if any phrase, clause, sentence or
provision of this agreement is declared to be contrary to the constitution of any party
state or of the United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder of this agreement
and the applicability thereof to any government, agency, person or circumstance shall not
be affected thereby. If this agreement shall be held contrary to the constitution of any
state party hereto, the agreement shall remain in full force and effect as to the
remaining states and in full force and effect as to the state affected as to all
severable matters.