State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-711

Article36.

Special Criminal Processfor Attendance of Defendants.

§ 15A‑711.  Securingattendance of criminal defendants confined in institutions within the State;requiring prosecutor to proceed.

(a)        When a criminaldefendant is confined in a penal or other institution under the control of theState or any of its subdivisions and his presence is required for trial, theprosecutor may make written request to the custodian of the institution fortemporary release of the defendant to the custody of an appropriate law‑enforcementofficer who must produce him at the trial. The period of the temporary releasemay not exceed 60 days. The request of the prosecutor is sufficientauthorization for the release, and must be honored, except as otherwiseprovided in this section.

(b)        If the defendantwhose presence is sought is confined pursuant to another criminal proceeding ina different prosecutorial district as defined in G.S. 7A‑60, thedefendant and the prosecutor prosecuting the other criminal action must be givenreasonable notice and opportunity to object to the temporary release.Objections must be heard by a superior court judge having authority to act incriminal cases in the superior court district or set of districts as defined inG.S. 7A‑41.1 in which the defendant is confined, and he must makeappropriate orders as to the precedence of the actions.

(c)        A defendant who isconfined in an institution in this State pursuant to a criminal proceeding andwho has other criminal charges pending against him may, by written requestfiled with the clerk of the court where the other charges are pending, requirethe prosecutor prosecuting such charges to proceed pursuant to this section. Acopy of the request must be served upon the prosecutor in the manner provided bythe Rules of Civil Procedure, G.S. 1A‑1, Rule 5(b). If the prosecutordoes not proceed pursuant to subsection (a) within six months from the date therequest is filed with the clerk, the charges must be dismissed.

(d)        Detainer. –

(1)        When a criminal defendantis imprisoned in this State pursuant to prior criminal proceedings, the clerkupon request of the prosecutor, must transmit to the custodian of theinstitution in which he is imprisoned, a copy of the charges filed against thedefendant and a detainer directing that the prisoner be held to answer to thecharges made against him. The detainer must contain a notice of the prisoner'sright to proceed pursuant to G.S. 15A‑711(c).

(2)        Upon receipt of thecharges and the detainer, the custodian must immediately inform the prisoner ofits receipt and furnish him copies of the charges and the detainer, mustexplain to him his right to proceed pursuant to G.S. 15A‑711(c).

(3)        The custodian mustnotify the clerk who transmitted the detainer of the defendant's impendingrelease at least 30 days prior to the date of release. The notice must be givenimmediately if the detainer is received less than 30 days prior to the date ofrelease. The clerk must direct the sheriff to take custody of the defendant andproduce him for trial. The custodian must release the defendant to the custodyof the sheriff, but may not hold the defendant in confinement beyond the dateon which he is eligible for release.

(4)        A detainer may bewithdrawn upon request of the prosecutor, and the clerk must notify thecustodian, who must notify the defendant. (1949, c. 303; 1953, c. 603;1957, c. 349, s. 10; c. 1067, ss. 1, 2; 1967, c. 996, ss. 13, 15; 1973, c.1286, s. 1; 1975, c. 166, s. 27; 1979, c. 107, s. 1; 1987 (Reg. Sess., 1988),c. 1037, s. 61; 1989, c. 688, s. 3.)