CHAPTER 10. SECURING ATTENDANCE OF DEFENDANTS AND UNIFORM EXTRADITION ACT
IC 35-33-10
Chapter 10. Securing Attendance of Defendants and UniformExtradition Act
IC 35-33-10-1
Defendant in custody; order to appear; defendant at liberty; noticeto appear; arrest upon failure to appear
Sec. 1. (a) When a criminal action is pending against a defendantand the defendant is in the custody of any law enforcement officer,the court may order the law enforcement officer to produce thedefendant before the court for prosecution. If the defendant is atliberty within the state as a result of an order releasing him on hisown recognizance or on bail, the court may cause the defendant orhis attorney to be notified to appear at a designated time. Uponfailure to appear after such notification, the court may issue awarrant for the defendant's immediate arrest.
(b) The method selected to secure the attendance of the defendantshall not be a ground for objection at any stage of the criminalproceeding if the method is allowed by this article.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-10-2
Defendant confined under judgment or court order or awaitingtrial for another offense; order or warrant of detainer
Sec. 2. (a) When an indictment or information is pending againsta defendant confined in this state under a judgment or court order,the court with jurisdiction over the pending criminal action shall,after application by the prosecuting attorney, order that the defendantbe produced before the court for prosecution. The defendant shall notbe entitled to release pending trial on the indictment or information.The court may order that the defendant be surrendered to the sheriffof the county in which the court issuing the order is located. Thecourt may order the sheriff to convey the defendant from theinstitution and commit the defendant to the jail or to another place ofcustody specified in the order. If the proceeding is delayed, the courtmay order the defendant returned temporarily to the institution untilthe presence of the defendant before the court is required.
(b) When an indictment or information is pending against adefendant:
(1) confined in an institution within this state pending trial foranother offense; or
(2) who has been released by order of another court pendingtrial before that court for another offense;
the court shall, upon motion of the prosecuting attorney, issue awarrant of detainer to the court before which the other prosecutionis pending. The court to which the order of detainer is issued, shall,upon termination of the proceedings before the court, deliver custodyof the defendant to the sheriff of the county in which the courtissuing the warrant is situated. Upon delivery, the court shall returnthe warrant to the court of issuance showing such fact. A duplicate
copy of the return shall be served upon the prosecuting attorney whorequested the issuance of the warrant.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-10-3
Uniform Criminal Extradition Act
Sec. 3. (1) Where appearing in this section, the term "governor"includes any person performing the functions of governor byauthority of the law of this state. The term "executive authority"includes the governor and any person performing the functions ofgovernor in a state other than this state. The term "state", referring toa state other than this state, refers to any other state or territory,organized or unorganized, of the United States of America.
(2) Subject to the qualifications of this section and the provisionsof the Constitution of the United States controlling, and acts ofcongress in pursuance thereof, it is the duty of the governor of thisstate to have arrested and delivered up to the executive authority ofany other state of the United States any person charged in that statewith treason, a felony, or other crime who has fled from justice andis found in this state.
(3) No demand for the extradition of a person charged with crimein another state shall be recognized by the governor unless in writingand accompanied by a copy of an indictment found or by aninformation supported by affidavit in the state having jurisdiction ofthe crime, or by a copy of an affidavit made before a magistratethere, together with a copy of any warrant which was issued thereon.The indictment, information, or affidavit made before the magistratemust substantially charge the person demanded with havingcommitted a crime under the law of that state; and the copy must beauthenticated by the executive authority making the demand, whichshall be prima facie evidence of its truth.
(4) When a demand shall be made upon the governor of this stateby the executive authority of another state for the surrender of aperson so charged with crime, the governor may call upon theattorney general or any prosecuting officer in this state to investigateor assist in investigating the demand, and to report to him thesituation and circumstances of the person so demanded, and whetherhe ought to be surrendered.
(5) A warrant of extradition shall not be issued unless thedocuments presented by the executive authority making the demandshow that:
(a) except in cases arising under subsection 7 of this section, theaccused was present in the demanding state at the time of thecommission of the alleged crime, and thereafter fled from thestate;
(b) the accused is now in this state; and
(c) he is lawfully charged by indictment found or byinformation filed by a prosecuting officer and supported byaffidavit to the facts, or by affidavit made before a magistratein that state, with having committed a crime under the laws of
that state, or that he has been convicted of a crime in that stateand has escaped from confinement or has broken the terms ofhis bail, probation, or parole, or that the sentence or someportion of it otherwise remains unexecuted and that the personclaimed has not been discharged or otherwise released from thesentence.
(6) When it is desired to have returned to this state a personcharged in this state with a crime, and such person is imprisoned oris held under criminal proceedings then pending against him inanother state, the governor of this state may agree with the executiveauthority of such other state for the extradition of such person beforethe conclusion of such proceedings or his term of sentence in suchother state, upon condition that such person be returned to such otherstate at the expense of this state as soon as the prosecution in thisstate is terminated. The governor of this state may also surrender ondemand of the executive authority of any other state any person inthis state who is charged in the manner provided in subsection 24 ofthis section with having violated the laws of the state whoseexecutive authority is making the demand, even though such personleft the demanding state involuntarily.
(7) The governor of this state may also surrender, on demand ofthe executive authority of any other state, any person in this statecharged in such other state in the manner provided in subsection 5 ofthis section with committing an act in this state, or in a third state,intentionally resulting in a crime in the state whose executiveauthority is making the demand; and the provisions of this sectionnot otherwise inconsistent shall apply to such cases, notwithstandingthat the accused was not in that state at the time of the commissionof the crime and has not fled therefrom.
(8) If the governor shall decide that the demand should becomplied with, he shall sign a warrant of arrest, which shall be sealedwith the state seal, and be directed to a sheriff, marshal, coroner, orother person whom he may think fit to entrust with the executionthereof; and the warrant must substantially recite the facts necessaryto the validity of its issue.
(9) Such warrant shall authorize the officer or other person towhom directed to arrest the accused at any place where he may befound within the state, to command the aid of all sheriffs and lawenforcement officers in the execution of the warrant, and to deliverthe accused subject to the provision of this section, to the dulyauthorized agent of the demanding state.
(10) Every such officer or other person empowered to make thearrest shall have the same authority in arresting the accused tocommand assistance therein, as sheriffs and other officers have bylaw in the execution of any criminal process directed to them, withthe like penalties against those who refuse their assistance.
(11) No person arrested upon such warrant shall be delivered overto the agent whom the executive authority demanding him shall haveappointed to receive him unless he has been informed of the demandmade for his surrender, of the crime with which he is charged and
that he has the right to demand legal counsel; and if the prisoner, hisfriends, or counsel shall state that he or they desire to test the legalityof the arrest, the prisoner shall be taken forthwith before a judge ofa court of record in this state who shall fix a reasonable time to beallowed him within which to apply for a writ of habeas corpus. Andwhen such writ is applied for, notice thereof, and of the time andplace of hearing thereon, shall be given to the public prosecutingofficer of the county in which the arrest is made and in which theaccused is in custody and to the said agent of the demanding state.
(12) An officer who recklessly delivers to the agent for extraditionof the demanding state a person in his custody under the governor'swarrant in disobedience to subsection 11 of this section commits aClass B misdemeanor.
(13) The officer or person executing the governor's warrant ofarrest, or the agent of the demanding state to whom the prisoner mayhave been delivered, may, when necessary, confine the prisoner inthe jail of any county or city through which he may pass; and thekeeper of such jail must receive and safely keep the prisoner until theperson having charge of him is ready to proceed on his route, suchperson being chargeable with the expense of keeping.
(14) Whenever any person within this state shall be charged onthe oath of any credible person before any judge of this state with thecommission of a crime in any other state, and, except in cases arisingunder subsection 7 of this section, with having fled from justice, orwhenever complaint shall have been made before any judge in thisstate setting forth on the affidavit of any credible person in anotherstate that a treason or felony has been committed in such other stateand that the accused has been charged in such state with thecommission of the treason or felony, and, except in cases arisingunder subsection 7 of this section, has fled therefrom and is believedto have been found in this state, the judge shall issue a warrantdirected to the sheriff of the county in which the oath or complaintis filed directing him to apprehend the person charged, wherever hemay be found in this state, and bring him before the same or anyother judge, who may be convenient of access to the place where thearrest may be made, to answer the charge or complaint and affidavit.A certified copy of the sworn charge or complaint and affidavit uponwhich the warrant is issued shall be attached to the warrant.
(15) The arrest of a person may be lawfully made also by anofficer or a private citizen without a warrant upon reasonableinformation that the accused stands charged in the courts of anotherstate with a crime punishable by death or imprisonment for a termexceeding one (1) year; but when so arrested the accused must betaken before a judge with all practicable speed, and complaint mustbe made against him under oath setting forth the ground for the arrestas in the last preceding subsection; and thereafter his answer shall beheard as if he has been arrested on warrant.
(16) If from the examination before the judge, it appears that theperson held is the person charged with having committed the crimealleged and that he probably committed the crime, and, except in
cases arising under subsection 7 of this section, that he has fled fromjustice, the judge shall commit him to jail by a warrant reciting theaccusation for such time specified in the warrant as will enable thearrest of the accused to be made under a warrant of the governor ona requisition of the executive authority of the state havingjurisdiction of the offense, unless the accused gives bail as providedin subsection 17 of this section, or until he shall be legallydischarged.
(17) Unless the offense with which the prisoner is charged isshown to be an offense punishable by death or life imprisonmentunder the laws of the state in which it was committed, the judge mustadmit the person arrested to bail by bond or undertaking, withsufficient sureties, and in such sum as he deems proper, for hisappearance before him at a time specified in such bond orundertaking, and for his surrender, to be arrested upon the warrant ofthe governor of this state. The prisoner shall not be admitted to bailafter issuance of a warrant by the governor of this state.
(18) If the accused is not yet arrested under warrant of thegovernor by the expiration of the time specified in the warrant, bond,or undertaking, the judge may discharge him or may recommit himto a further day, or may again take bail for his appearance andsurrender, as provided in subsection 17 of this section; and at theexpiration of the second period of commitment, or if he has beenbailed and appeared according to the terms of his bond orundertaking, the judge may either discharge him, or may require himto enter into a new bond or undertaking, to appear and surrenderhimself at another day.
(19) If the prisoner is admitted to bail and fails to appear andsurrender himself according to the conditions of his bond, the court,by proper order, shall declare the bond forfeited; and recovery maybe had thereon in the name of the state as in the case of other bondsor undertakings given by the accused in criminal proceedings withinthis state.
(20) If a criminal prosecution has been instituted against suchperson under the laws of this state and is still pending, the governorat his discretion either may surrender him on the demand of theexecutive authority of another state or may hold him until he hasbeen tried and discharged, or convicted and punished in this state.
(21) The guilt or innocence of the accused as to the crime ofwhich he is charged may not be inquired into by the governor or inany proceedings after the demand for extradition accompanied by acharge of crime in legal form as above provided shall have beenpresented to the governor, except as it may be involved in identifyingthe person held as the person charged with the crime.
(22) The governor may recall his warrant of arrest or may issueanother warrant whenever he deems proper.
(23) Whenever the governor of this state shall demand a personcharged with a crime in this state from the chief executive of anyother state or from the chief justice or an associate justice of theSupreme Court of the District of Columbia authorized to receive
such demand under the laws of the United States, he shall issue awarrant under the seal of this state to some agent commanding himto receive the person so charged if delivered to him and convey himto the proper officer of the county in this state in which the offensewas committed.
(24) When the return to this state of a person charged with a crimein this state is required, the prosecuting attorney of the county inwhich the offense is committed shall present to the governor hiswritten application for a requisition for the return of the personcharged, in which application shall be stated the name of the personso charged, the crime charged against him, the approximate time,place, and circumstances of its committal, the state in which he isbelieved to be, including the location of the accused therein at thetime the application is made, and certifying that in the opinion of thesaid prosecuting attorney the ends of justice require the arrest andreturn of the accused to this state for trial, and that the proceeding isnot instituted to enforce a private claim. The application shall beverified by affidavit, shall be executed in triplicate, and shall beaccompanied by three (3) certified copies of the indictment returned,or information and affidavit filed, or of the complaint made to themagistrate, stating the offense with which the accused is charged.The prosecuting attorney may also attach such further affidavits andother documents in triplicate as he shall deem proper to be submittedwith such application. One (1) copy of the application with the actionof the governor indicated by the endorsement thereon and one (1) ofthe certified copies of the indictment or complaint or information andaffidavit shall be filed in the office of the secretary of state to remainof record in that office. The other copies of all papers shall beforwarded with the governor's requisition.
(25) The expenses shall be paid out of the general fund of thecounty treasury of the county wherein the crime is alleged to havebeen committed. The expenses shall be the fees paid to the officersof the state on whose governor the requisition is made, as nowprovided by law, for all necessary travel in returning such prisoner.
(26) A person brought into this state on extradition based on acriminal charge shall not be subject to service of personal process incivil actions arising out of the same facts as the criminal proceedingto answer for which he is returned until he has been convicted in thecriminal proceeding, or if acquitted, until he has had ampleopportunity to return to the state from which he was extradited.
(27) After a person has been brought back to this state uponextradition proceedings, he may be tried in this state for other crimeswhich he may be charged with having committed here, as well as thatspecified in the requisition for his extradition.
(28) This section shall be so interpreted and construed as toeffectuate its general purpose to make uniform the law of those stateswhich enact it.
(29) Nothing in this section contained shall be deemed toconstitute a waiver by the state of its right, power, or privilege toregain custody of such person by extradition proceedings or
otherwise for the purpose of trial, sentence, or punishment for anycrime committed within this state, nor shall any proceedings hadunder this section which result in, or fail to result in, extradition bedeemed a waiver by this state of any of its rights, privileges, orjurisdiction in any way whatsoever.
(30) This section may be cited as the Uniform CriminalExtradition Act.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.178-1984,SEC.1.
IC 35-33-10-4
Agreement on detainers; defendants confined in other jurisdictionof United States
Sec. 4. Securing attendance of defendants confined as prisonersin institutions of other jurisdictions of the United States.Agreementon detainers.
Text of the Agreement of Detainers
The contracting states solemnly agree that:
Article 1
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 alreadyincarcerated in other jurisdictions, produce uncertainties whichobstruct programs of prisoner treatment and rehabilitation.Accordingly, it is the policy of the party states and the purpose ofthis agreement to encourage the expeditious and orderly dispositionof such charges and determination of the proper status of any and alldetainers based on untried indictments, informations or complaints.The party states also find that proceedings with reference to suchcharges and detainers, when emanating from another jurisdiction,cannot properly be had in the absence of cooperative procedures. Itis the further purpose of this agreement to provide such cooperativeprocedures.
Article 2
As used in this agreement:
(a) "State" shall mean a state of the United States; the UnitedStates of America; a territory or possession of the United States; theDistrict of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner isincarcerated at the time he initiates a request for final dispositionpursuant to Article 3 of this section or at the time that a request forcustody or availability is initiated pursuant to Article 4 hereof.
(c) " Receiving state" shall mean the state in which trial is to behad on an indictment, information or complaint pursuant to Article3 or Article 4 hereof.
Article 3
(a) Whenever a person has entered upon a term of imprisonmentin a penal or correctional institution of a party state, and wheneverduring the continuance of the term of imprisonment there is pendingin any other party state any untried indictment, information or
complaint on the basis of which a detainer has been lodged againstthe prisoner, he shall be brought to trial within one hundred eighty(180) days after he shall have caused to be delivered to theprosecuting officer and the appropriate court of the prosecutingofficer's jurisdiction written notice of the place of his imprisonmentand his request for a final disposition to be made of the indictment,information or complaint; provided that for good cause shown inopen court, the prisoner or his counsel being present, the courthaving jurisdiction of the matter may grant any necessary orreasonable continuance. The request of the prisoner shall beaccompanied by a certificate of the appropriate official havingcustody of the prisoner, stating the term of commitment under whichthe prisoner is being held, the time already served, the timeremaining to be served on the sentence, the amount of good timeearned, the time of parole eligibility of the prisoner, and anydecisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred toin paragraph (a) hereof shall be given or sent by the prisoner to thewarden, commissioner of correction or other official having custodyof him, who shall promptly forward it together with the certificate tothe appropriate prosecuting official and court by registered orcertified mail, return receipt requested.
(c) The warden, commissioner of correction or other officialhaving custody of the prisoner shall promptly inform him of thesource and contents of any detainer lodged against him and shall alsoinform him of his right to make a request for final disposition of theindictment, information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuantto paragraph (a) hereof shall operate as a request for final dispositionof all untried indictments, information or complaints on the basis ofwhich detainers have been lodged against the prisoner from the stateto whose prosecuting official the request for final disposition isspecifically directed. The warden, commissioner of correction orother official having custody of the prisoner shall forthwith notify allappropriate prosecuting officers and courts in the severaljurisdictions within the state to which the prisoner's request for finaldisposition is being sent of the proceeding being initiated by theprisoner. Any notification sent pursuant to this paragraph shall beaccompanied by copies of the prisoner's written notice, request andthe certificate. If trial is not had on any indictment, information orcomplaint contemplated hereby prior to the return of the prisoner tothe original place of imprisonment, such indictment, information orcomplaint shall not be of any further force or effect, and the courtshall enter an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner pursuantto paragraph (a) hereof shall also be deemed to be a waiver ofextradition with respect to any charge or proceeding contemplatedthereby or included therein by reason of paragraph (d) hereof, and awaiver of extradition to the receiving state to serve any sentencethere imposed upon him, after completion of his term of
imprisonment in the sending state. The request for final dispositionshall also constitute a consent by the prisoner to the production of hisbody in any court where his presence may be required in order toeffectuate the purposes of this agreement and a further consentvoluntarily to be returned to the original place of imprisonment inaccordance with the provisions of this agreement. Nothing in thisparagraph shall prevent the imposition of a concurrent sentence ifotherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to hisexecution of the request for final disposition referred to in paragraph(a) hereof shall void the request.
Article 4
(a) The appropriate officer of the jurisdiction in which an untriedindictment, information or complaint is pending shall be entitled tohave a prisoner against whom he has lodged a detainer and who isserving a term of imprisonment in any party state made available inaccordance with Article 5 (a) hereof upon presentation of a writtenrequest for temporary custody or availability to the appropriateauthorities of the state in which the prisoner is incarcerated; providedthat the court having jurisdiction of such indictment, information orcomplaint shall have duly approved, recorded and transmitted therequest; and provided further that there shall be a period of thirty(30) days after receipt by the appropriate authorities before therequest be honored, within which period the governor of the sendingstate may disapprove the request for temporary custody ofavailability, either upon his own motion or upon motion of theprisoner.
(b) Upon receipt of the officer's written request as provided inparagraph (a) hereof, the appropriate authorities having the prisonerin custody shall furnish the officer with a certificate stating the termof commitment under which the prisoner is being held, the timealready served, the time remaining to be served on the sentence, theamount of good time earned, the time of parole eligibility of theprisoner, and any decisions of the state parole agency relating to theprisoner. Said authorities simultaneously shall furnish all otherofficers and appropriate courts in the receiving state who havelodged detainers against the prisoner with similar certificates andwith notices informing them of the request for custody or availabilityand 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 ofthe arrival of the prisoner in the receiving state, but for good causeshown in open court, the prisoner or his counsel being present, thecourt having jurisdiction of the matter may grant any necessary orreasonable continuance.
(d) Nothing contained in this Article shall be construed to depriveany prisoner of any right which he may have to contest the legalityof his delivery as provided in paragraph (a) hereof, but such deliverymay not be opposed or denied on the ground that the executiveauthority of the sending state has not affirmatively consented to or
ordered such delivery.
(e) If trial is not had on any indictment, information or complaintcontemplated hereby prior to the prisoner's being returned to theoriginal place of imprisonment pursuant to Article 5 (e) hereof, suchindictment, information or complaint shall not be of any further forceor effect, and the court shall enter an order dismissing the same withprejudice.
Article 5
(a) In response to a request made under Article 3 or Article 4hereof, the appropriate authority in a sending state shall offer todeliver temporary custody of such prisoner to the appropriateauthority in the state where such indictment, information orcomplaint is pending against such person in order that speedy andefficient prosecution may be had. If the request for final dispositionis made by the prisoner, the offer of temporary custody shallaccompany the written notice provided for in Article 3 of thisagreement. In the case of a federal prisoner, the appropriate authorityin the receiving state shall be entitled to temporary custody asprovided by this agreement or to the prisoner's presence in federalcustody at the place for trial, whichever custodial arrangement maybe approved by the custodian.
(b) The officer or other representative of a state accepting an offerof temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act forthe state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information orcomplaint on the basis of which the detainer has been lodged and onthe basis of which the request for temporary custody of the prisonerhas been made.
(c) If the appropriate authority shall refuse or fail to accepttemporary custody of said person, or in the event that an action onthe indictment, information or complaint on the basis of which thedetainer has been lodged is not brought to trial within the periodprovided in Article 3 or Article 4 hereof, the appropriate court of thejurisdiction where the indictment, information or complaint has beenpending shall enter an order dismissing the same with prejudice, andany detainer based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall beonly for the purpose of permitting prosecution on the charge orcharges contained in one or more untried indictments, informationsof complaints which form the basis of the detainer or detainers or forprosecution on any other charge or charges arising out of the sametransaction. Except for his attendance at court and while beingtransported to or from any place at which his presence may berequired, the prisoner shall be held in a suitable jail or other facilityregularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes ofthis agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while theprisoner is otherwise being made available for trial as required by
this agreement, time being served on the sentence shall continue torun but good time shall be earned by the prisoner only if, and to theextent that, the law and practice of the jurisdiction which imposedthe sentence may allow.
(g) For all purposes other than that for which temporary custodyas provided in this agreement is exercised, the prisoner shall bedeemed to remain in the custody of and subject to the jurisdiction ofthe sending state and any escape from temporary custody may bedealt with in the same manner as an escape from the original placeof imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a prisonerpursuant to this agreement until such prisoner is returned to theterritory and custody of the sending state, the state in which the oneor more untried indictments, informations or complaints are pendingor in which trial is being had shall be responsible for the prisoner andshall also pay all costs of transporting, caring for, keeping andreturning the prisoner. The provisions of this paragraph shall governunless the states concerned shall have entered into a supplementaryagreement providing for a different allocation of costs andresponsibilities as between or among themselves. Nothing hereincontained shall be construed to alter or affect any internalrelationship among the departments, agencies and officers of and inthe government of a party state, or between a party state and itssubdivision, as to the payment of costs, or responsibilities therefor.
Article 6
(a) In determining the duration and expiration dates of the timeperiods provided in Articles 3 and 4 of this agreement, the runningof said time periods shall be tolled whenever and for as long as theprisoner is unable to stand trial, as determined by the court havingjurisdiction of the matter.
(b) No provision of this agreement, and no remedy made availableby this agreement, shall apply to any person who is adjudged to bementally ill.
Article 7
Each state party to this agreement shall designate an officer who,acting jointly with like officers of other party states, shall promulgaterules and regulations to carry out more effectively the terms andprovisions of this agreement, and who shall provide, within andwithout the state, information necessary to the effective operation ofthis agreement.
Article 8
This agreement shall enter into full force and effect as to a partystate when such state has enacted the same into law. A state party tothis agreement may withdraw herefrom by enacting a statuterepealing the same. However, the withdrawal of any state shall notaffect the status of any proceedings already initiated by inmates or bystate officers at the time such withdrawal takes effect, nor shall itaffect their rights in respect thereof.
Article 9
1. This agreement shall be liberally construed so as to effectuate
its purposes. The provisions of this agreement shall be severable andif any phrase, clause, sentence or provision of this agreement isdeclared to be contrary to the constitution of any party state or of theUnited States or the applicability thereof to any government, agency,person or circumstance is held invalid, the validity of the remainderof this agreement and the applicability thereof to any government,agency, person or circumstance shall not be affected thereby. If thisagreement shall be held contrary to the constitution of any state partyhereto, the agreement shall remain in full force and effect as to theremaining states and in full force and effect as to the state affectedas to all severable matters.
2. The phrase "appropriate court" as used in the agreement ondetainers shall, with reference to the courts of this state, mean anycourt with criminal jurisdiction.
3. All courts, departments, agencies, officers and employees ofthis state and its political subdivision are hereby directed to enforcethe agreement on detainers and to cooperate with one another andwith other party states in enforcing the agreement and effectuatingits purposes.
4. Escape from custody while in another state pursuant to theagreement on detainers shall constitute an offense against the lawsof this state to the same extent and degree as an escape from theinstitution in which the prisoner was confined immediately prior tohaving been sent to another state pursuant to the provisions of theagreement on detainers and shall be punishable in the same manneras an escape from said institution.
5. It shall be lawful and mandatory upon the warden or otherofficial in charge of a penal or correctional institution in this state togive over the person of any inmate hereof whenever so required bythe operation of the agreement on detainers.
6. The governor is hereby authorized and empowered to designatean administrator who shall perform the duties and functions andexercise the powers conferred upon such person by Article 7 of theagreement on detainers.
7. In order to implement Article 4(a) of the agreement ondetainers, and in furtherance of its purposes, the appropriateauthorities having custody of the prisoner shall, promptly uponreceipt of the officer's written request notify the prisoner and thegovernor in writing that a request for temporary custody has beenmade and such notification shall describe the source and contents ofsaid request. The authorities having custody of the prisoner shall alsoadvise him in writing of his rights to counsel, to makerepresentations to the governor within thirty (30) days, and to contestthe legality of his delivery.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-10-5
Defendants confined in federal institutions
Sec. 5. Securing Attendance of Defendant Confined in FederalInstitutions. (1) A defendant against whom a criminal action is
pending in a court of record of this state, and who is confined in afederal prison or other institution either within or outside this state,may, with the consent of the attorney general of the United States, beproduced in such court for the purpose of criminal prosecution,pursuant to the provisions of:
(a) Section four thousand eighty-five of title eighteen of theUnited States Code as in effect on July 26, 1973; or
(b) subsection 2 of this section.
(2) When such a defendant is in federal custody as specified insubsection 1, a court in which the criminal action against suchdefendant is pending, may, upon application of the prosecutingattorney of such county, issue a certificate, known as a writ of habeascorpus ad prosequendum, addressed to the attorney general of theUnited States, certifying that such defendant has been charged byindictment or information filed against him in the specified courtwith the offense or offenses alleged therein, and that attendance ofthe defendant in such court for the purpose of criminal prosecutionthereon is necessary in the interest of justice and requesting theattorney general of the United States to cause such defendant to beproduced in such court, under custody of a federal public servant,upon a designated date and for a period of time necessary tocomplete the prosecution. Upon issuing such a certificate, the courtmay deliver it, or cause or authorize it to be delivered, together witha certified copy of the indictment or information upon which it isbased, to the attorney general of the United States or to hisrepresentative authorized to entertain the request.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-10-6
Defendants outside United States
Sec. 6. Securing Attendance of Defendants Who Are Outside TheUnited States. (1) When a criminal action for a crime committed inthis state is pending in a court of this state with jurisdiction over thecrime against a defendant who is in a foreign country with which theUnited States has an extradition treaty, and when the indictment orinformation charges a crime which is specified in such treaty as anextraditable one, the prosecuting attorney of the county in whichsuch crime was allegedly committed may make an application to thegovernor, requesting him to make an application to the president ofthe United States to institute extradition proceedings for the returnof the defendant to this country and state for the purpose ofprosecution of such action. The prosecuting attorney's applicationmust comply with any rules, regulations and guidelines establishedby the governor for such applications and must be accompanied byall the documents required by such rules, regulations and guidelines.
(2) Upon receipt of the prosecuting attorney's application, thegovernor if satisfied that the defendant is in the foreign country inquestion, that the crime charged is an extraditable one pursuant to thetreaty in question, and that there are no factors or impediments whichin law preclude such an extradition, may in his discretion make an
application, addressed to the secretary of state of the United States,requesting that the president of the United States institute extraditionproceedings for the return of the defendant from such foreigncountry. The governor's application must comply with any rules,regulations and guidelines established by the secretary of state forsuch applications and must be accompanied by all the documentsrequired by such rules, regulations and guidelines.
(3) If the governor's application is granted and the extradition isachieved or attempted, all expenses incurred therein must be borneby the county from which the application emanated.
(4) The provisions of this section apply equally to extradition orattempted extradition of a person who is a fugitive following theentry of a judgment of conviction against him in a criminal court ofthis state.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-10-7
Corporate defendants
Sec. 7. Securing Attendance of Corporate Defendants. (1) Thecourt attendance of a corporation for purposes of commencing orprosecuting a criminal action against it may be accomplished by theissuance and service of a summons.
(a) A corporation shall be deemed in attendance for purposes ofcommencing or prosecuting a criminal action against it whenever anofficer, director or counsel for such corporation is present. If suchofficer, director or counsel fails or refuses to appear, the court shallproceed with trial and judgment.
As added by Acts 1981, P.L.298, SEC.2.