§834-1  Agreement adopted.  The
Agreement on Detainers is hereby enacted into law and entered into by this
State with all other jurisdictions legally joining therein substantially as
follows:



"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 the prisoner
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, the prisoner
shall be brought to trial within one hundred eighty (180) days after the
prisoner 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 the prisoner's imprisonment and the prisoner's 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 the prisoner's 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 superintendent, administrator of corrections or other official
having custody of the prisoner, 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 superintendent, administrator of
corrections or other official having custody of the prisoner shall promptly
inform the prisoner of the source and contents of any detainer lodged against
the prisoner and shall also inform the prisoner of the prisoner's 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 superintendent, administrator 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 the prisoner,
after completion of the prisoner's term of imprisonment in the sending state. 
The request for final disposition shall also constitute a consent by the
prisoner to the production of the prisoner's body in any court where the
prisoner's 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 the prisoner's 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 the officer 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 (30) 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 the governor's 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 (120) days
of the arrival of the prisoner in the receiving state, but for good cause shown
in open court, the prisoner or the prisoner's counsel 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 the prisoner may have to
contest the legality of the prisoner's 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 the
officer's or representative's 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
the prisoner's attendance at court and while being transported to or from any
place at which the prisoner's 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, 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". [L 1965, c 160, §1; Supp,
§250A-1; HRS §714-1; ren L 1972, c 9, pt of §1; gen ch 1993]



 



Case Notes



 



  Dismissal of an indictment not an available form of relief
where the notice requirement of Interstate Agreement on Detainers Act is
violated, even when that violation is attributable to the receiving state, the
United States.  280 F.3d 1260.



  Re "due process" requirements for out-of-state
transfers of prisoners.  387 F. Supp. 912; 396 F. Supp. 196.



  Article VI tolling provision phrase "unable to stand
trial" includes all periods of delay occasioned by defendant, including
delays attributable to motions filed on defendant's behalf.  81 H. 123, 913
P.2d 49.



  Neither Article III nor Article IV violated where 58 days had
tolled because defendant, pursuant to Article VI, was "unable to stand trial"
during pendency of defendant's motion to dismiss.  81 H. 123, 913 P.2d 49.



  To comply with Article III prisoner's only responsibility is
to file request for final disposition with official having custody.  4 H. App.
573, 670 P.2d 1290.



  Defendant's right to speedy trial under this Agreement not
violated where periods of delay that defendant was responsible for tolled
120-day period mandated by Article IV and brought trial commencement date
within mandated period.  83 H. 496 (App.), 927 P.2d 1379.



  Good cause did not exist under Agreement for continuance of
trial where, despite defendant's persistent efforts to be tried within time
limits and earlier trial date could have been assigned, motions court took
"rather relaxed approach" in scheduling commencement of trial.  83 H.
496 (App.), 927 P.2d 1379.



  Once time period within which defendant was required to be
tried under this Agreement had lapsed, trial court lacked authority to
retroactively grant continuance of defendant's trial.  83 H. 496 (App.), 927
P.2d 1379.



  Where State was first to invoke provisions of this Agreement,
defendant's right to a speedy trial under this Agreement was governed by
Article IV, not Article III.  83 H. 496 (App.), 927 P.2d 1379.



  After excluding forty days that defendant was unable to stand
trial due to motions and continuances occasioned by defendant, trial court
properly held defendant was brought to trial within 180-day speedy trial
provision of this Agreement.  84 H. 191 (App.), 932 P.2d 328.



  180-day time period for speedy trial under Article III(a)
begins to run when prisoner's request for final disposition is actually
delivered to prosecuting officer and court of receiving state, not when
prisoner files request; no trial court error.  84 H. 191 (App.), 932 P.2d 328.



  When a court grants a continuance for good cause in open
court with defendant or defendant's counsel present as required under Article
III(a), this Agreement does not require court to render formal determination
that the speedy trial provision is tolled under Article VI(a).  84 H. 191
(App.), 932 P.2d 328.



  Where defendant did not object to setting of trial date past
the 180-day period required under this Agreement until after time period had
run, defendant waived objection to this speedy trial provision.  84 H. 191
(App.), 932 P.2d 328.