State Codes and Statutes
Statutes > Missouri > T13 > C217 > 217_450Offender may request final disposition of pending indictment,information or complaint, how requested--director to notifyoffender of pending actions, failure to notify, effect.
217.450. 1. Any person confined in a department correctionalfacility may request a final disposition of any untried indictment,information or complaint pending in this state on the basis of which a lawenforcement agency, prosecuting attorney's office, or circuit attorney'soffice has delivered a certified copy of a warrant and has requested that adetainer be lodged against him with the facility where the offender isconfined. The request shall be in writing addressed to the court in whichthe indictment, information or complaint is pending and to the prosecutingattorney charged with the duty of prosecuting it, and shall set forth theplace of imprisonment.
2. When the director receives a certified copy of a warrant and awritten request by the issuing agency to place a detainer, the directorshall lodge a detainer in favor of the requesting agency. The directorshall promptly inform each offender in writing of the source and nature ofany untried indictment, information or complaint for which a detainer hasbeen lodged against him of which the director has knowledge, and of hisright to make a request for final disposition of such indictment,information or complaint on which the detainer is based.
3. Failure of the director to comply with this section shall not bethe basis for dismissing the indictment, information, or complaint unlessthe court also finds that the offender has been denied his or herconstitutional right to a speedy trial.
(L. 1982 H.B. 1196 § 78, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424, A.L. 2009 H.B. 62 merged with H.B. 481)
