22-4401.Agreement on detainers; contents.The agreement on detainers is hereby enacted into law and entered intoby this state with all other jurisdictions legally joining therein inthe 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, anddifficulties in securing speedy trial of persons already incarcerated inother jurisdictions, produce uncertainties which obstruct programs ofprisoner treatment and rehabilitation. Accordingly, it is the policy ofthe party states and the purpose of this agreement to encourage theexpeditious and orderly disposition of such charges and determination ofthe proper status of any and all detainers based on untried indictments,informations or complaints. The party states also find that proceedingswith reference to such charges and detainers, when emanating fromanother jurisdiction, cannot properly be had in the absence ofcooperative procedures. It is the further purpose of this agreement toprovide such cooperative procedures.
Article II
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 that he initiates a request for finaldisposition pursuant to article III hereof or at the time that a requestfor custody or availability is initiated pursuant to article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to behad on an indictment, information or complaint pursuant to article IIIor article IV hereof.
Article III
(a) Whenever a person has entered upon a term of imprisonment in apenal or correctional institution of a party state, and whenever duringthe continuance of the term of imprisonment there is pending in anyother party state any untried indictment, information or complaint onthe basis of which a detainer has been lodged against the prisoner, heshall be brought to trial within one hundred and eighty (180) days afterhe shall have caused to be delivered to the prosecuting officer and theappropriate court of the prosecuting officer's jurisdiction writtennotice of the place of his imprisonment and his request for a finaldisposition to be made of the indictment, information or complaint:Provided, That for good cause shown in open court, the prisoner orhis counsel being present, the court having jurisdiction of the mattermay grant any necessary or reasonable continuance. The request of theprisoner shall be accompanied by a certificate of the appropriateofficial having custody of the prisoner, stating the term of commitmentunder which the prisoner is being held, the time already served, thetime remaining 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) For persons who commit crimes on or after July 1, 1993, the custodianshall specify the length of time served on the prison portion of the sentence,any good time earnedand the projected release date for the commencement of thepostrelease supervision term.
(c) The written notice and request for final disposition referred toin paragraph (a) or (b) hereof shall be given or sent by the prisoner to thewarden, commissioner of corrections or other official having custody ofhim, who shall promptly forward it together with the certificate to theappropriate prosecuting official and court by registered or certifiedmail, return receipt requested.
(d) The warden, commissioner of corrections or other officialhavingcustody of the prisoner shall promptly inform him of the source andcontents of any detainer lodged against him and shall also inform him ofhis right to make a request for final disposition of the indictment,information or complaint on which the detainer is based.
(e) Any request for final disposition made by a prisonerpursuant toparagraph (a) or (b) hereof shall operate as a request for final disposition ofall untried indictments, informations or complaints on the basis ofwhich detainers have been lodged against the prisoner from the state towhose prosecuting official the request for final disposition isspecifically directed. The warden, commissioner of corrections or otherofficial having custody of the prisoner shall forthwith notify allappropriate prosecuting officers and courts in the several jurisdictionswithin the state to which the prisoner's request for final dispositionis being sent of the proceeding being initiated by the prisoner. Anynotification sent pursuant to this paragraph shall be accompanied bycopies of the prisoner's written notice, request, and the certificate.If trial is not had on any indictment, information or complaintcontemplated hereby prior to the return of the prisoner to the originalplace of imprisonment, such indictment, information or complaint shallnot be of any further force or effect, and the court shall enter anorder dismissing the same with prejudice.
(f) Any request for final disposition made by a prisonerpursuant toparagraph (a) or (b) hereof shall also be deemed to be a waiver of extraditionwith respect to any charge or proceeding contemplated thereby orincluded therein by reason of paragraph (e), and a waiver ofextradition to the receiving state to serve any sentence there imposedupon him, after completion of his term of imprisonment in the sendingstate. The request for final disposition shall also constitute a consentby the prisoner to the production of his body in any court where hispresence may be required in order to effectuate the purposes of thisagreement and a further consent voluntarily to be returned to theoriginal place of imprisonment in accordance with the provisions of thisagreement. Nothing in this paragraph shall prevent the imposition of aconcurrent sentence if otherwise permitted by law.
(g) Escape from custody by the prisoner subsequent to his execution of therequest for final disposition referred to in paragraph (a) or (b) hereof shallvoid the request.
Article IV
(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 is servinga term of imprisonment in any party state made available in accordancewith article V(a) hereof upon presentation of a written request fortemporary custody or availability to the appropriate authorities of thestate in which the prisoner is incarcerated: Provided, That thecourt having jurisdiction of such indictment, information or complaintshall have duly approved, recorded and transmitted the request: Andprovided further, That there shall be a period of thirty (30) daysafter receipt by the appropriate authorities before the request behonored, within which period the governor of the sending state maydisapprove the request for temporary custody or availability, eitherupon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided inparagraph (a) hereof, the appropriate authorities having the prisoner incustody shall furnish the officer with a certificate stating the term ofcommitment under which the prisoner is being held, the time alreadyserved, the time remaining to be served on the sentence, the amount ofgood time earned, the time of parole eligibility of the prisoner, andany decisions of the state parole agency relating to the prisoner. Saidauthorities simultaneously shall furnish all other officers andappropriate courts in the receiving state who have lodged detainersagainst the prisoner with similar certificates and with noticesinforming them of the request for custody or availability and of thereasons therefor.
(c) For persons who commit crimes on or after July 1, 1993, the custodianshall specify the length of time served on the prison portion of the sentence,any good time earnedand the projected release date for the commencement of thepostrelease supervision term.
(d) In respect of any proceeding made possible by this article,trial shall be commenced within 120 days ofthearrival of the prisoner in the receiving state, but for good cause shownin open court, the prisoner or his counsel being present, the courthaving jurisdiction of the matter may grant any necessary or reasonablecontinuance.
(e) Nothing contained in this article shall be construed todepriveany prisoner of any right which he may have to contest the legality ofhis delivery as provided in paragraph (a) hereof, but such delivery maynot be opposed or denied on the ground that the executive authority ofthe sending state has not affirmatively consented to or ordered suchdelivery.
(f) If trial is not had on any indictment, information orcomplaintcontemplated hereby prior to the prisoner's being returned to theoriginal place of imprisonment pursuant to article V(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 V
(a) In response to a request made under article III or article IVhereof, the appropriate authority in a sending state shall offer todeliver temporary custody of such prisoner to the appropriate authorityin the state where such indictment, information or complaint is pendingagainst such person in order that speedy and efficient prosecution maybe had. If the request for final disposition is made by the prisoner,the offer of temporary custody shall accompany the written noticeprovided for in article III of this agreement. In the case of a federalprisoner, the appropriate authority in the receiving state shall beentitled to temporary custody as provided by this agreement or to theprisoner's presence in federal custody at the place for trial, whichevercustodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting anoffer of 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 begiven.
(2) A duly certified copy of the indictment, information orcomplaint on the basis of which the detainer has been lodged and on thebasis of which the request for temporary custody of the prisoner hasbeen made.
(c) If the appropriate authority shall refuse or fail to accepttemporary custody of said person, or in the event that an action on theindictment, information or complaint on the basis of which the detainerhas been lodged is not brought to trial within the period provided inarticle III or article IV hereof, the appropriate court of thejurisdiction where the indictment, information or complaint has beenpending shall enter an order dismissing the same with prejudice, and anydetainer 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 or chargescontained in one or more untried indictments, informations or complaintswhich form the basis of the detainer or detainers or for prosecution onany other charge or charges arising out of the same transaction. Exceptfor his attendance at court and while being transported to or from anyplace at which his presence may be required, the prisoner shall be heldin a suitable jail or other facility regularly used for persons awaitingprosecution.
(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 thisagreement, time being served on the sentence shall continue to run butgood time shall be earned by the prisoner only if, and to the extentthat, the law and practice of the jurisdiction which imposed thesentence may allow.
(g) For all purposes other than that for which temporary custody asprovided in this agreement is exercised, the prisoner shall be deemed toremain in the custody of and subject to the jurisdiction of the sendingstate and any escape from temporary custody may be dealt with in thesame manner as an escape from the original place of imprisonment or inany 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 pending orin 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 in thegovernment of a party state, or between a party state and itssubdivisions, as to the payment of costs, or responsibilities therefor.
Article VI
(a) In determining the duration and expiration dates of the timeperiods provided in articles III and IV 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 available bythis agreement, shall apply to any person who is adjudged to be mentallyill.
Article VII
Each state party to this agreement shall designate an officer who,acting jointly with like officers of other party states, shallpromulgate rules and regulations to carry out more effectively the termsand provisions of this agreement, and who shall provide, within andwithout the state, information necessary to the effective operation ofthis agreement.
Article VIII
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 statute repealing thesame. However, the withdrawal of any state shall not affect the statusof any proceedings already initiated by inmates or by state officers atthe time such withdrawal takes effect, nor shall it affect their rightsin respect thereof.
Article IX
This agreement shall be liberally construed so as to effectuate itspurposes. The provisions of this agreement shall be severable and if anyphrase, clause, sentence or provision of this agreement is declared tobe contrary to the constitution of any party state or of the UnitedStates or the applicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder of thisagreement and the applicability thereof to any government, agency,person or circumstance shall not be affected thereby. If this agreementshall be held contrary to the constitution of any state party hereto,the agreement shall remain in full force and effect as to the remainingstates and in full force and effect as to the state affected as to allseverable matters.
History: L. 1969, ch. 292, § 1;L. 1992, ch. 239, § 278; July 1, 1993.
22-4401.Agreement on detainers; contents.The agreement on detainers is hereby enacted into law and entered intoby this state with all other jurisdictions legally joining therein inthe 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, anddifficulties in securing speedy trial of persons already incarcerated inother jurisdictions, produce uncertainties which obstruct programs ofprisoner treatment and rehabilitation. Accordingly, it is the policy ofthe party states and the purpose of this agreement to encourage theexpeditious and orderly disposition of such charges and determination ofthe proper status of any and all detainers based on untried indictments,informations or complaints. The party states also find that proceedingswith reference to such charges and detainers, when emanating fromanother jurisdiction, cannot properly be had in the absence ofcooperative procedures. It is the further purpose of this agreement toprovide such cooperative procedures.
Article II
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 that he initiates a request for finaldisposition pursuant to article III hereof or at the time that a requestfor custody or availability is initiated pursuant to article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to behad on an indictment, information or complaint pursuant to article IIIor article IV hereof.
Article III
(a) Whenever a person has entered upon a term of imprisonment in apenal or correctional institution of a party state, and whenever duringthe continuance of the term of imprisonment there is pending in anyother party state any untried indictment, information or complaint onthe basis of which a detainer has been lodged against the prisoner, heshall be brought to trial within one hundred and eighty (180) days afterhe shall have caused to be delivered to the prosecuting officer and theappropriate court of the prosecuting officer's jurisdiction writtennotice of the place of his imprisonment and his request for a finaldisposition to be made of the indictment, information or complaint:Provided, That for good cause shown in open court, the prisoner orhis counsel being present, the court having jurisdiction of the mattermay grant any necessary or reasonable continuance. The request of theprisoner shall be accompanied by a certificate of the appropriateofficial having custody of the prisoner, stating the term of commitmentunder which the prisoner is being held, the time already served, thetime remaining 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) For persons who commit crimes on or after July 1, 1993, the custodianshall specify the length of time served on the prison portion of the sentence,any good time earnedand the projected release date for the commencement of thepostrelease supervision term.
(c) The written notice and request for final disposition referred toin paragraph (a) or (b) hereof shall be given or sent by the prisoner to thewarden, commissioner of corrections or other official having custody ofhim, who shall promptly forward it together with the certificate to theappropriate prosecuting official and court by registered or certifiedmail, return receipt requested.
(d) The warden, commissioner of corrections or other officialhavingcustody of the prisoner shall promptly inform him of the source andcontents of any detainer lodged against him and shall also inform him ofhis right to make a request for final disposition of the indictment,information or complaint on which the detainer is based.
(e) Any request for final disposition made by a prisonerpursuant toparagraph (a) or (b) hereof shall operate as a request for final disposition ofall untried indictments, informations or complaints on the basis ofwhich detainers have been lodged against the prisoner from the state towhose prosecuting official the request for final disposition isspecifically directed. The warden, commissioner of corrections or otherofficial having custody of the prisoner shall forthwith notify allappropriate prosecuting officers and courts in the several jurisdictionswithin the state to which the prisoner's request for final dispositionis being sent of the proceeding being initiated by the prisoner. Anynotification sent pursuant to this paragraph shall be accompanied bycopies of the prisoner's written notice, request, and the certificate.If trial is not had on any indictment, information or complaintcontemplated hereby prior to the return of the prisoner to the originalplace of imprisonment, such indictment, information or complaint shallnot be of any further force or effect, and the court shall enter anorder dismissing the same with prejudice.
(f) Any request for final disposition made by a prisonerpursuant toparagraph (a) or (b) hereof shall also be deemed to be a waiver of extraditionwith respect to any charge or proceeding contemplated thereby orincluded therein by reason of paragraph (e), and a waiver ofextradition to the receiving state to serve any sentence there imposedupon him, after completion of his term of imprisonment in the sendingstate. The request for final disposition shall also constitute a consentby the prisoner to the production of his body in any court where hispresence may be required in order to effectuate the purposes of thisagreement and a further consent voluntarily to be returned to theoriginal place of imprisonment in accordance with the provisions of thisagreement. Nothing in this paragraph shall prevent the imposition of aconcurrent sentence if otherwise permitted by law.
(g) Escape from custody by the prisoner subsequent to his execution of therequest for final disposition referred to in paragraph (a) or (b) hereof shallvoid the request.
Article IV
(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 is servinga term of imprisonment in any party state made available in accordancewith article V(a) hereof upon presentation of a written request fortemporary custody or availability to the appropriate authorities of thestate in which the prisoner is incarcerated: Provided, That thecourt having jurisdiction of such indictment, information or complaintshall have duly approved, recorded and transmitted the request: Andprovided further, That there shall be a period of thirty (30) daysafter receipt by the appropriate authorities before the request behonored, within which period the governor of the sending state maydisapprove the request for temporary custody or availability, eitherupon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided inparagraph (a) hereof, the appropriate authorities having the prisoner incustody shall furnish the officer with a certificate stating the term ofcommitment under which the prisoner is being held, the time alreadyserved, the time remaining to be served on the sentence, the amount ofgood time earned, the time of parole eligibility of the prisoner, andany decisions of the state parole agency relating to the prisoner. Saidauthorities simultaneously shall furnish all other officers andappropriate courts in the receiving state who have lodged detainersagainst the prisoner with similar certificates and with noticesinforming them of the request for custody or availability and of thereasons therefor.
(c) For persons who commit crimes on or after July 1, 1993, the custodianshall specify the length of time served on the prison portion of the sentence,any good time earnedand the projected release date for the commencement of thepostrelease supervision term.
(d) In respect of any proceeding made possible by this article,trial shall be commenced within 120 days ofthearrival of the prisoner in the receiving state, but for good cause shownin open court, the prisoner or his counsel being present, the courthaving jurisdiction of the matter may grant any necessary or reasonablecontinuance.
(e) Nothing contained in this article shall be construed todepriveany prisoner of any right which he may have to contest the legality ofhis delivery as provided in paragraph (a) hereof, but such delivery maynot be opposed or denied on the ground that the executive authority ofthe sending state has not affirmatively consented to or ordered suchdelivery.
(f) If trial is not had on any indictment, information orcomplaintcontemplated hereby prior to the prisoner's being returned to theoriginal place of imprisonment pursuant to article V(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 V
(a) In response to a request made under article III or article IVhereof, the appropriate authority in a sending state shall offer todeliver temporary custody of such prisoner to the appropriate authorityin the state where such indictment, information or complaint is pendingagainst such person in order that speedy and efficient prosecution maybe had. If the request for final disposition is made by the prisoner,the offer of temporary custody shall accompany the written noticeprovided for in article III of this agreement. In the case of a federalprisoner, the appropriate authority in the receiving state shall beentitled to temporary custody as provided by this agreement or to theprisoner's presence in federal custody at the place for trial, whichevercustodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting anoffer of 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 begiven.
(2) A duly certified copy of the indictment, information orcomplaint on the basis of which the detainer has been lodged and on thebasis of which the request for temporary custody of the prisoner hasbeen made.
(c) If the appropriate authority shall refuse or fail to accepttemporary custody of said person, or in the event that an action on theindictment, information or complaint on the basis of which the detainerhas been lodged is not brought to trial within the period provided inarticle III or article IV hereof, the appropriate court of thejurisdiction where the indictment, information or complaint has beenpending shall enter an order dismissing the same with prejudice, and anydetainer 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 or chargescontained in one or more untried indictments, informations or complaintswhich form the basis of the detainer or detainers or for prosecution onany other charge or charges arising out of the same transaction. Exceptfor his attendance at court and while being transported to or from anyplace at which his presence may be required, the prisoner shall be heldin a suitable jail or other facility regularly used for persons awaitingprosecution.
(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 thisagreement, time being served on the sentence shall continue to run butgood time shall be earned by the prisoner only if, and to the extentthat, the law and practice of the jurisdiction which imposed thesentence may allow.
(g) For all purposes other than that for which temporary custody asprovided in this agreement is exercised, the prisoner shall be deemed toremain in the custody of and subject to the jurisdiction of the sendingstate and any escape from temporary custody may be dealt with in thesame manner as an escape from the original place of imprisonment or inany 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 pending orin 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 in thegovernment of a party state, or between a party state and itssubdivisions, as to the payment of costs, or responsibilities therefor.
Article VI
(a) In determining the duration and expiration dates of the timeperiods provided in articles III and IV 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 available bythis agreement, shall apply to any person who is adjudged to be mentallyill.
Article VII
Each state party to this agreement shall designate an officer who,acting jointly with like officers of other party states, shallpromulgate rules and regulations to carry out more effectively the termsand provisions of this agreement, and who shall provide, within andwithout the state, information necessary to the effective operation ofthis agreement.
Article VIII
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 statute repealing thesame. However, the withdrawal of any state shall not affect the statusof any proceedings already initiated by inmates or by state officers atthe time such withdrawal takes effect, nor shall it affect their rightsin respect thereof.
Article IX
This agreement shall be liberally construed so as to effectuate itspurposes. The provisions of this agreement shall be severable and if anyphrase, clause, sentence or provision of this agreement is declared tobe contrary to the constitution of any party state or of the UnitedStates or the applicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder of thisagreement and the applicability thereof to any government, agency,person or circumstance shall not be affected thereby. If this agreementshall be held contrary to the constitution of any state party hereto,the agreement shall remain in full force and effect as to the remainingstates and in full force and effect as to the state affected as to allseverable matters.
History: L. 1969, ch. 292, § 1;L. 1992, ch. 239, § 278; July 1, 1993.
22-4401.Agreement on detainers; contents.The agreement on detainers is hereby enacted into law and entered intoby this state with all other jurisdictions legally joining therein inthe 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, anddifficulties in securing speedy trial of persons already incarcerated inother jurisdictions, produce uncertainties which obstruct programs ofprisoner treatment and rehabilitation. Accordingly, it is the policy ofthe party states and the purpose of this agreement to encourage theexpeditious and orderly disposition of such charges and determination ofthe proper status of any and all detainers based on untried indictments,informations or complaints. The party states also find that proceedingswith reference to such charges and detainers, when emanating fromanother jurisdiction, cannot properly be had in the absence ofcooperative procedures. It is the further purpose of this agreement toprovide such cooperative procedures.
Article II
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 that he initiates a request for finaldisposition pursuant to article III hereof or at the time that a requestfor custody or availability is initiated pursuant to article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to behad on an indictment, information or complaint pursuant to article IIIor article IV hereof.
Article III
(a) Whenever a person has entered upon a term of imprisonment in apenal or correctional institution of a party state, and whenever duringthe continuance of the term of imprisonment there is pending in anyother party state any untried indictment, information or complaint onthe basis of which a detainer has been lodged against the prisoner, heshall be brought to trial within one hundred and eighty (180) days afterhe shall have caused to be delivered to the prosecuting officer and theappropriate court of the prosecuting officer's jurisdiction writtennotice of the place of his imprisonment and his request for a finaldisposition to be made of the indictment, information or complaint:Provided, That for good cause shown in open court, the prisoner orhis counsel being present, the court having jurisdiction of the mattermay grant any necessary or reasonable continuance. The request of theprisoner shall be accompanied by a certificate of the appropriateofficial having custody of the prisoner, stating the term of commitmentunder which the prisoner is being held, the time already served, thetime remaining 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) For persons who commit crimes on or after July 1, 1993, the custodianshall specify the length of time served on the prison portion of the sentence,any good time earnedand the projected release date for the commencement of thepostrelease supervision term.
(c) The written notice and request for final disposition referred toin paragraph (a) or (b) hereof shall be given or sent by the prisoner to thewarden, commissioner of corrections or other official having custody ofhim, who shall promptly forward it together with the certificate to theappropriate prosecuting official and court by registered or certifiedmail, return receipt requested.
(d) The warden, commissioner of corrections or other officialhavingcustody of the prisoner shall promptly inform him of the source andcontents of any detainer lodged against him and shall also inform him ofhis right to make a request for final disposition of the indictment,information or complaint on which the detainer is based.
(e) Any request for final disposition made by a prisonerpursuant toparagraph (a) or (b) hereof shall operate as a request for final disposition ofall untried indictments, informations or complaints on the basis ofwhich detainers have been lodged against the prisoner from the state towhose prosecuting official the request for final disposition isspecifically directed. The warden, commissioner of corrections or otherofficial having custody of the prisoner shall forthwith notify allappropriate prosecuting officers and courts in the several jurisdictionswithin the state to which the prisoner's request for final dispositionis being sent of the proceeding being initiated by the prisoner. Anynotification sent pursuant to this paragraph shall be accompanied bycopies of the prisoner's written notice, request, and the certificate.If trial is not had on any indictment, information or complaintcontemplated hereby prior to the return of the prisoner to the originalplace of imprisonment, such indictment, information or complaint shallnot be of any further force or effect, and the court shall enter anorder dismissing the same with prejudice.
(f) Any request for final disposition made by a prisonerpursuant toparagraph (a) or (b) hereof shall also be deemed to be a waiver of extraditionwith respect to any charge or proceeding contemplated thereby orincluded therein by reason of paragraph (e), and a waiver ofextradition to the receiving state to serve any sentence there imposedupon him, after completion of his term of imprisonment in the sendingstate. The request for final disposition shall also constitute a consentby the prisoner to the production of his body in any court where hispresence may be required in order to effectuate the purposes of thisagreement and a further consent voluntarily to be returned to theoriginal place of imprisonment in accordance with the provisions of thisagreement. Nothing in this paragraph shall prevent the imposition of aconcurrent sentence if otherwise permitted by law.
(g) Escape from custody by the prisoner subsequent to his execution of therequest for final disposition referred to in paragraph (a) or (b) hereof shallvoid the request.
Article IV
(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 is servinga term of imprisonment in any party state made available in accordancewith article V(a) hereof upon presentation of a written request fortemporary custody or availability to the appropriate authorities of thestate in which the prisoner is incarcerated: Provided, That thecourt having jurisdiction of such indictment, information or complaintshall have duly approved, recorded and transmitted the request: Andprovided further, That there shall be a period of thirty (30) daysafter receipt by the appropriate authorities before the request behonored, within which period the governor of the sending state maydisapprove the request for temporary custody or availability, eitherupon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided inparagraph (a) hereof, the appropriate authorities having the prisoner incustody shall furnish the officer with a certificate stating the term ofcommitment under which the prisoner is being held, the time alreadyserved, the time remaining to be served on the sentence, the amount ofgood time earned, the time of parole eligibility of the prisoner, andany decisions of the state parole agency relating to the prisoner. Saidauthorities simultaneously shall furnish all other officers andappropriate courts in the receiving state who have lodged detainersagainst the prisoner with similar certificates and with noticesinforming them of the request for custody or availability and of thereasons therefor.
(c) For persons who commit crimes on or after July 1, 1993, the custodianshall specify the length of time served on the prison portion of the sentence,any good time earnedand the projected release date for the commencement of thepostrelease supervision term.
(d) In respect of any proceeding made possible by this article,trial shall be commenced within 120 days ofthearrival of the prisoner in the receiving state, but for good cause shownin open court, the prisoner or his counsel being present, the courthaving jurisdiction of the matter may grant any necessary or reasonablecontinuance.
(e) Nothing contained in this article shall be construed todepriveany prisoner of any right which he may have to contest the legality ofhis delivery as provided in paragraph (a) hereof, but such delivery maynot be opposed or denied on the ground that the executive authority ofthe sending state has not affirmatively consented to or ordered suchdelivery.
(f) If trial is not had on any indictment, information orcomplaintcontemplated hereby prior to the prisoner's being returned to theoriginal place of imprisonment pursuant to article V(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 V
(a) In response to a request made under article III or article IVhereof, the appropriate authority in a sending state shall offer todeliver temporary custody of such prisoner to the appropriate authorityin the state where such indictment, information or complaint is pendingagainst such person in order that speedy and efficient prosecution maybe had. If the request for final disposition is made by the prisoner,the offer of temporary custody shall accompany the written noticeprovided for in article III of this agreement. In the case of a federalprisoner, the appropriate authority in the receiving state shall beentitled to temporary custody as provided by this agreement or to theprisoner's presence in federal custody at the place for trial, whichevercustodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting anoffer of 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 begiven.
(2) A duly certified copy of the indictment, information orcomplaint on the basis of which the detainer has been lodged and on thebasis of which the request for temporary custody of the prisoner hasbeen made.
(c) If the appropriate authority shall refuse or fail to accepttemporary custody of said person, or in the event that an action on theindictment, information or complaint on the basis of which the detainerhas been lodged is not brought to trial within the period provided inarticle III or article IV hereof, the appropriate court of thejurisdiction where the indictment, information or complaint has beenpending shall enter an order dismissing the same with prejudice, and anydetainer 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 or chargescontained in one or more untried indictments, informations or complaintswhich form the basis of the detainer or detainers or for prosecution onany other charge or charges arising out of the same transaction. Exceptfor his attendance at court and while being transported to or from anyplace at which his presence may be required, the prisoner shall be heldin a suitable jail or other facility regularly used for persons awaitingprosecution.
(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 thisagreement, time being served on the sentence shall continue to run butgood time shall be earned by the prisoner only if, and to the extentthat, the law and practice of the jurisdiction which imposed thesentence may allow.
(g) For all purposes other than that for which temporary custody asprovided in this agreement is exercised, the prisoner shall be deemed toremain in the custody of and subject to the jurisdiction of the sendingstate and any escape from temporary custody may be dealt with in thesame manner as an escape from the original place of imprisonment or inany 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 pending orin 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 in thegovernment of a party state, or between a party state and itssubdivisions, as to the payment of costs, or responsibilities therefor.
Article VI
(a) In determining the duration and expiration dates of the timeperiods provided in articles III and IV 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 available bythis agreement, shall apply to any person who is adjudged to be mentallyill.
Article VII
Each state party to this agreement shall designate an officer who,acting jointly with like officers of other party states, shallpromulgate rules and regulations to carry out more effectively the termsand provisions of this agreement, and who shall provide, within andwithout the state, information necessary to the effective operation ofthis agreement.
Article VIII
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 statute repealing thesame. However, the withdrawal of any state shall not affect the statusof any proceedings already initiated by inmates or by state officers atthe time such withdrawal takes effect, nor shall it affect their rightsin respect thereof.
Article IX
This agreement shall be liberally construed so as to effectuate itspurposes. The provisions of this agreement shall be severable and if anyphrase, clause, sentence or provision of this agreement is declared tobe contrary to the constitution of any party state or of the UnitedStates or the applicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder of thisagreement and the applicability thereof to any government, agency,person or circumstance shall not be affected thereby. If this agreementshall be held contrary to the constitution of any state party hereto,the agreement shall remain in full force and effect as to the remainingstates and in full force and effect as to the state affected as to allseverable matters.
History: L. 1969, ch. 292, § 1;L. 1992, ch. 239, § 278; July 1, 1993.
