§ 53.1-210. Agreement entered into and enacted into law.
The Agreement on Detainers is hereby enacted into law and entered into bythis Commonwealth with all other jurisdictions legally joining therein in theform substantially as follows: THE AGREEMENT ON DETAINERS
The contracting states solemnly agree: ARTICLE I.
The party states find that charges outstanding against a prisoner, detainersbased on untried indictments, informations or complaints, and difficulties insecuring speedy trials of persons already incarcerated in otherjurisdictions, produce uncertainties which obstruct programs of prisonertreatment and rehabilitation. Accordingly, it is the policy of the partystates and the purpose of this agreement to encourage the expeditious andorderly disposition of such charges and determination of the proper status ofany and all detainers based on untried indictments, informations orcomplaints. The party states also find that proceedings with reference tosuch charges and detainers, when emanating from another jurisdiction, cannotproperly be had in the absence of cooperative procedures. It is the furtherpurpose of this agreement to provide such cooperative procedures.
As used in this agreement: ARTICLE II.
(a) "State" shall mean a state of the United States; the United States ofAmerica; a territory or possession of the United States; the District ofColumbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is incarceratedat the time that he initiates a request for final disposition pursuant toArticle III hereof or at the time that a request for custody or availabilityis initiated pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had onan indictment, information or complaint pursuant to Article III or Article IVhereof. ARTICLE III.
(a) Whenever a person has entered upon a term of imprisonment in a penal orcorrectional institution of a party state, and whenever during thecontinuance of the term of imprisonment there is pending in any other partystate any untried indictment, information or complaint on the basis of whicha detainer has been lodged against the prisoner, he shall be brought to trialwithin 180 days after he shall have caused to be delivered to the prosecutingofficer and the appropriate court of the prosecuting officers' jurisdictionwritten notice of the place of his imprisonment and his request for a finaldisposition to be made of the indictment, information or complaint; providedthat for good cause shown in open court, the prisoner or his counsel beingpresent, the court having jurisdiction of the matter may grant any necessaryor reasonable continuance. The request of the prisoner shall be accompaniedby a certificate of the appropriate official having custody of the prisoner,stating the term of commitment under which the prisoner is being held, thetime already served, the time remaining to be served on the sentence, theamount of good time earned, the time of parole eligibility of the prisoner,and any decisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to inparagraph (a) hereof shall be given or sent by the prisoner to the warden,commissioner of corrections or other official having custody of him, whoshall promptly forward it together with the certificate to the appropriateprosecuting official and court by registered or certified mail, returnreceipt requested.
(c) The warden, commissioner of corrections or other official having custodyof the prisoner shall promptly inform him of the source and contents of anydetainer lodged against him and shall also inform him of his right to make arequest for final disposition of the indictment, information or complaint onwhich the detainer is based.
(d) Any request or final disposition made by a prisoner pursuant to paragraph(a) hereof shall operate as a request for final disposition of all untriedindictments, informations or complaints on the basis of which detainers havebeen lodged against the prisoner from the state to whose prosecuting officialthe request for final disposition is specifically directed. The warden,commissioner of corrections or other officials having custody of the prisonershall forthwith notify all appropriate prosecuting officers and courts in theseveral jurisdictions within the state to which the prisoner's request forfinal disposition 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, and thecertificate. If trial is not had on any indictment, information or complaintcontemplated hereby prior to the return of the prisoner to the original placeof imprisonment, such indictment, information or complaint shall not be ofany further force or effect, and the court shall enter an order dismissingthe same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant toparagraph (a) hereof shall also be deemed to be a waiver of extradition withrespect to any charge or proceeding contemplated thereby or included thereinby reason of paragraph (d) hereof, and a waiver of extradition to thereceiving state to serve any sentence there imposed upon him, aftercompletion of his term of imprisonment in the sending state. The request forfinal disposition shall also constitute a consent by the prisoner to theproduction of his body in any court where his presence may be required inorder to effectuate 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 this paragraphshall prevent the imposition of a concurrent sentence if otherwise permittedby law.
(f) Escape from custody by the prisoner subsequent to his execution of therequest for final disposition referred to in paragraph (a) hereof shall voidthe request. ARTICLE IV.
(a) The appropriate officer of the jurisdiction in which an untriedindictment, information or complaint is pending shall be entitled to have aprisoner against whom he has lodged a detainer and who is serving a term ofimprisonment in any party state made available in accordance with Article V(a) hereof upon presentation of a written request for temporary custody oravailability to the appropriate authorities of the state in which theprisoner is incarcerated; provided that the court having jurisdiction of suchindictment, information or complaint shall have duly approved, recorded andtransmitted the request; and provided further that there shall be a period ofthirty days after receipt by the appropriate authorities before the requestbe honored, within which period the governor of the sending state maydisapprove the request for temporary custody or availability, either upon hisown motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in paragraph(a) hereof, the appropriate authorities having the prisoner in custody shallfurnish the officer with a certificate stating the term of commitment underwhich the prisoner is being held, the time already served, the time remainingto be served on the sentence, the amount of good time earned, the time ofparole eligibility of the prisoner, and any decisions of the state paroleagency relating to the prisoner. Said authorities simultaneously shallfurnish all other officers and appropriate courts in the receiving state whohave lodged detainers against the prisoner with similar certificates and withnotices informing them of the request for custody or availability and of thereasons therefor.
(c) In respect of any proceeding made possible by this article, trial shallbe commenced within 120 days of the arrival of the prisoner in the receivingstate, but for good cause shown in open court, the prisoner or his counselbeing present, the court having jurisdiction of the matter may grant anynecessary or reasonable continuance.
(d) Nothing contained in this article shall be construed to deprive anyprisoner of any right which he may have to contest the legality of hisdelivery as provided in paragraph (a) hereof, but such delivery may not beopposed or denied on the ground that the executive authority of the sendingstate 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 the originalplace of imprisonment pursuant to Article V (e) hereof, such indictment,information or complaint shall not be of any further force or effect, and thecourt shall enter an order dismissing the same with prejudice. ARTICLE V.
(a) In response to a request made under Article III or Article IV hereof, theappropriate authority in a sending state shall offer to deliver temporarycustody of such prisoner to the appropriate authority in the state where suchindictment, information or complaint is pending against such person in orderthat speedy and efficient prosecution may be had. If the request for finaldisposition is made by the prisoner, the offer of temporary custody shallaccompany the written notice provided for in Article III of this agreement.In the case of a federal prisoner, the appropriate authority in the receivingstate shall be entitled to temporary custody as provided by this agreement orto the prisoner's presence in federal custody at the place of trial,whichever custodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer oftemporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the stateinto whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on thebasis of which the detainer has been lodged and on the basis of which therequest for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporarycustody of said person, or in the event that an action on the indictment,information or complaint on the basis of which the detainer has been lodgedis not brought to trial within the period provided in Article III or ArticleIV hereof, the appropriate court of the jurisdiction where the indictment,information or complaint has been pending shall enter an order dismissing thesame with prejudice, and any detainer based thereon shall cease to be of anyforce or effect.
(d) The temporary custody referred to in this agreement shall be only for thepurpose of permitting prosecution on the charge or charges contained in oneor more untried indictments, informations or complaints which form the basisof the detainer or detainers or for prosecution on any other charge orcharges arising out of the same transaction. Except for his attendance atcourt and while being transported to or from any place at which his presencemay be required, the prisoner shall be held in a suitable jail or otherfacility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of thisagreement, the prisoner shall be returned to the sending state.
(f) During the continuance or temporary custody or while the prisoner isotherwise being made available for trial as required by this agreement, timebeing served on the sentence shall continue to run but good time shall beearned by the prisoner only if, and to the extent that, the law and practiceof the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as providedin this agreement is exercised, the prisoner shall be deemed to remain in thecustody of and subject to the jurisdiction of the sending state and anyescape from temporary custody may be dealt with in the same manner as anescape from the original place of imprisonment or in any other mannerpermitted by law.
(h) From the time that a party state receives custody of a prisoner pursuantto this agreement until such prisoner is returned to the territory andcustody of the sending state, the state in which the one or more untriedindictments, informations or complaints are pending or in which trial isbeing had shall be responsible for the prisoner and shall also pay all costsof transporting, caring for, keeping and returning the prisoner. Theprovisions of this paragraph shall govern unless the states concerned shallhave entered into a supplementary agreement providing for a differentallocation of costs and responsibilities as between or among themselves.Nothing herein contained 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 its subdivisions,as to the payment of costs, or responsibilities therefor. ARTICLE VI.
(a) In determining the duration and expiration dates of the time periodsprovided in Articles III and IV of this agreement, the running of said timeperiods shall be tolled whenever and for as long as the prisoner is unable tostand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by thisagreement, shall apply to any person who is adjudged to be mentally ill. ARTICLE VII.
Each state party to this agreement shall designate an officer who, actingjointly with like officers of other party states, shall promulgate rules andregulations to carry out more effectively the terms and provisions of thisagreement, and who shall provide, within and without the state, informationnecessary to the effective operation of this agreement. ARTICLE VIII.
This agreement shall enter into full force and effect as to a party statewhen such state has enacted the same into law. A state party to thisagreement may withdraw herefrom by enacting a statute repealing the same.However, the withdrawal of any state shall not affect the status of anyproceedings already initiated by inmates or by state officers at the timesuch withdrawal takes effect, nor shall it affect their rights in respectthereof. ARTICLE IX.
This agreement shall be liberally construed so as to effectuate its purposes.The provisions of this agreement shall be severable and if any phrase,clause, sentence or provision of this agreement is declared to be contrary tothe constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this agreement shall be held contrary to theconstitution of any state party hereto, the agreement shall remain in fullforce and effect as to the remaining states and in full force and effect asto the state affected as to all severable matters.
(Code 1950, § 53-304.1; 1970, c. 407; 1982, c. 636.)
§ 53.1-210. Agreement entered into and enacted into law.
The Agreement on Detainers is hereby enacted into law and entered into bythis Commonwealth with all other jurisdictions legally joining therein in theform substantially as follows: THE AGREEMENT ON DETAINERS
The contracting states solemnly agree: ARTICLE I.
The party states find that charges outstanding against a prisoner, detainersbased on untried indictments, informations or complaints, and difficulties insecuring speedy trials of persons already incarcerated in otherjurisdictions, produce uncertainties which obstruct programs of prisonertreatment and rehabilitation. Accordingly, it is the policy of the partystates and the purpose of this agreement to encourage the expeditious andorderly disposition of such charges and determination of the proper status ofany and all detainers based on untried indictments, informations orcomplaints. The party states also find that proceedings with reference tosuch charges and detainers, when emanating from another jurisdiction, cannotproperly be had in the absence of cooperative procedures. It is the furtherpurpose of this agreement to provide such cooperative procedures.
As used in this agreement: ARTICLE II.
(a) "State" shall mean a state of the United States; the United States ofAmerica; a territory or possession of the United States; the District ofColumbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is incarceratedat the time that he initiates a request for final disposition pursuant toArticle III hereof or at the time that a request for custody or availabilityis initiated pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had onan indictment, information or complaint pursuant to Article III or Article IVhereof. ARTICLE III.
(a) Whenever a person has entered upon a term of imprisonment in a penal orcorrectional institution of a party state, and whenever during thecontinuance of the term of imprisonment there is pending in any other partystate any untried indictment, information or complaint on the basis of whicha detainer has been lodged against the prisoner, he shall be brought to trialwithin 180 days after he shall have caused to be delivered to the prosecutingofficer and the appropriate court of the prosecuting officers' jurisdictionwritten notice of the place of his imprisonment and his request for a finaldisposition to be made of the indictment, information or complaint; providedthat for good cause shown in open court, the prisoner or his counsel beingpresent, the court having jurisdiction of the matter may grant any necessaryor reasonable continuance. The request of the prisoner shall be accompaniedby a certificate of the appropriate official having custody of the prisoner,stating the term of commitment under which the prisoner is being held, thetime already served, the time remaining to be served on the sentence, theamount of good time earned, the time of parole eligibility of the prisoner,and any decisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to inparagraph (a) hereof shall be given or sent by the prisoner to the warden,commissioner of corrections or other official having custody of him, whoshall promptly forward it together with the certificate to the appropriateprosecuting official and court by registered or certified mail, returnreceipt requested.
(c) The warden, commissioner of corrections or other official having custodyof the prisoner shall promptly inform him of the source and contents of anydetainer lodged against him and shall also inform him of his right to make arequest for final disposition of the indictment, information or complaint onwhich the detainer is based.
(d) Any request or final disposition made by a prisoner pursuant to paragraph(a) hereof shall operate as a request for final disposition of all untriedindictments, informations or complaints on the basis of which detainers havebeen lodged against the prisoner from the state to whose prosecuting officialthe request for final disposition is specifically directed. The warden,commissioner of corrections or other officials having custody of the prisonershall forthwith notify all appropriate prosecuting officers and courts in theseveral jurisdictions within the state to which the prisoner's request forfinal disposition 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, and thecertificate. If trial is not had on any indictment, information or complaintcontemplated hereby prior to the return of the prisoner to the original placeof imprisonment, such indictment, information or complaint shall not be ofany further force or effect, and the court shall enter an order dismissingthe same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant toparagraph (a) hereof shall also be deemed to be a waiver of extradition withrespect to any charge or proceeding contemplated thereby or included thereinby reason of paragraph (d) hereof, and a waiver of extradition to thereceiving state to serve any sentence there imposed upon him, aftercompletion of his term of imprisonment in the sending state. The request forfinal disposition shall also constitute a consent by the prisoner to theproduction of his body in any court where his presence may be required inorder to effectuate 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 this paragraphshall prevent the imposition of a concurrent sentence if otherwise permittedby law.
(f) Escape from custody by the prisoner subsequent to his execution of therequest for final disposition referred to in paragraph (a) hereof shall voidthe request. ARTICLE IV.
(a) The appropriate officer of the jurisdiction in which an untriedindictment, information or complaint is pending shall be entitled to have aprisoner against whom he has lodged a detainer and who is serving a term ofimprisonment in any party state made available in accordance with Article V(a) hereof upon presentation of a written request for temporary custody oravailability to the appropriate authorities of the state in which theprisoner is incarcerated; provided that the court having jurisdiction of suchindictment, information or complaint shall have duly approved, recorded andtransmitted the request; and provided further that there shall be a period ofthirty days after receipt by the appropriate authorities before the requestbe honored, within which period the governor of the sending state maydisapprove the request for temporary custody or availability, either upon hisown motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in paragraph(a) hereof, the appropriate authorities having the prisoner in custody shallfurnish the officer with a certificate stating the term of commitment underwhich the prisoner is being held, the time already served, the time remainingto be served on the sentence, the amount of good time earned, the time ofparole eligibility of the prisoner, and any decisions of the state paroleagency relating to the prisoner. Said authorities simultaneously shallfurnish all other officers and appropriate courts in the receiving state whohave lodged detainers against the prisoner with similar certificates and withnotices informing them of the request for custody or availability and of thereasons therefor.
(c) In respect of any proceeding made possible by this article, trial shallbe commenced within 120 days of the arrival of the prisoner in the receivingstate, but for good cause shown in open court, the prisoner or his counselbeing present, the court having jurisdiction of the matter may grant anynecessary or reasonable continuance.
(d) Nothing contained in this article shall be construed to deprive anyprisoner of any right which he may have to contest the legality of hisdelivery as provided in paragraph (a) hereof, but such delivery may not beopposed or denied on the ground that the executive authority of the sendingstate 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 the originalplace of imprisonment pursuant to Article V (e) hereof, such indictment,information or complaint shall not be of any further force or effect, and thecourt shall enter an order dismissing the same with prejudice. ARTICLE V.
(a) In response to a request made under Article III or Article IV hereof, theappropriate authority in a sending state shall offer to deliver temporarycustody of such prisoner to the appropriate authority in the state where suchindictment, information or complaint is pending against such person in orderthat speedy and efficient prosecution may be had. If the request for finaldisposition is made by the prisoner, the offer of temporary custody shallaccompany the written notice provided for in Article III of this agreement.In the case of a federal prisoner, the appropriate authority in the receivingstate shall be entitled to temporary custody as provided by this agreement orto the prisoner's presence in federal custody at the place of trial,whichever custodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer oftemporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the stateinto whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on thebasis of which the detainer has been lodged and on the basis of which therequest for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporarycustody of said person, or in the event that an action on the indictment,information or complaint on the basis of which the detainer has been lodgedis not brought to trial within the period provided in Article III or ArticleIV hereof, the appropriate court of the jurisdiction where the indictment,information or complaint has been pending shall enter an order dismissing thesame with prejudice, and any detainer based thereon shall cease to be of anyforce or effect.
(d) The temporary custody referred to in this agreement shall be only for thepurpose of permitting prosecution on the charge or charges contained in oneor more untried indictments, informations or complaints which form the basisof the detainer or detainers or for prosecution on any other charge orcharges arising out of the same transaction. Except for his attendance atcourt and while being transported to or from any place at which his presencemay be required, the prisoner shall be held in a suitable jail or otherfacility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of thisagreement, the prisoner shall be returned to the sending state.
(f) During the continuance or temporary custody or while the prisoner isotherwise being made available for trial as required by this agreement, timebeing served on the sentence shall continue to run but good time shall beearned by the prisoner only if, and to the extent that, the law and practiceof the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as providedin this agreement is exercised, the prisoner shall be deemed to remain in thecustody of and subject to the jurisdiction of the sending state and anyescape from temporary custody may be dealt with in the same manner as anescape from the original place of imprisonment or in any other mannerpermitted by law.
(h) From the time that a party state receives custody of a prisoner pursuantto this agreement until such prisoner is returned to the territory andcustody of the sending state, the state in which the one or more untriedindictments, informations or complaints are pending or in which trial isbeing had shall be responsible for the prisoner and shall also pay all costsof transporting, caring for, keeping and returning the prisoner. Theprovisions of this paragraph shall govern unless the states concerned shallhave entered into a supplementary agreement providing for a differentallocation of costs and responsibilities as between or among themselves.Nothing herein contained 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 its subdivisions,as to the payment of costs, or responsibilities therefor. ARTICLE VI.
(a) In determining the duration and expiration dates of the time periodsprovided in Articles III and IV of this agreement, the running of said timeperiods shall be tolled whenever and for as long as the prisoner is unable tostand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by thisagreement, shall apply to any person who is adjudged to be mentally ill. ARTICLE VII.
Each state party to this agreement shall designate an officer who, actingjointly with like officers of other party states, shall promulgate rules andregulations to carry out more effectively the terms and provisions of thisagreement, and who shall provide, within and without the state, informationnecessary to the effective operation of this agreement. ARTICLE VIII.
This agreement shall enter into full force and effect as to a party statewhen such state has enacted the same into law. A state party to thisagreement may withdraw herefrom by enacting a statute repealing the same.However, the withdrawal of any state shall not affect the status of anyproceedings already initiated by inmates or by state officers at the timesuch withdrawal takes effect, nor shall it affect their rights in respectthereof. ARTICLE IX.
This agreement shall be liberally construed so as to effectuate its purposes.The provisions of this agreement shall be severable and if any phrase,clause, sentence or provision of this agreement is declared to be contrary tothe constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this agreement shall be held contrary to theconstitution of any state party hereto, the agreement shall remain in fullforce and effect as to the remaining states and in full force and effect asto the state affected as to all severable matters.
(Code 1950, § 53-304.1; 1970, c. 407; 1982, c. 636.)
§ 53.1-210. Agreement entered into and enacted into law.
The Agreement on Detainers is hereby enacted into law and entered into bythis Commonwealth with all other jurisdictions legally joining therein in theform substantially as follows: THE AGREEMENT ON DETAINERS
The contracting states solemnly agree: ARTICLE I.
The party states find that charges outstanding against a prisoner, detainersbased on untried indictments, informations or complaints, and difficulties insecuring speedy trials of persons already incarcerated in otherjurisdictions, produce uncertainties which obstruct programs of prisonertreatment and rehabilitation. Accordingly, it is the policy of the partystates and the purpose of this agreement to encourage the expeditious andorderly disposition of such charges and determination of the proper status ofany and all detainers based on untried indictments, informations orcomplaints. The party states also find that proceedings with reference tosuch charges and detainers, when emanating from another jurisdiction, cannotproperly be had in the absence of cooperative procedures. It is the furtherpurpose of this agreement to provide such cooperative procedures.
As used in this agreement: ARTICLE II.
(a) "State" shall mean a state of the United States; the United States ofAmerica; a territory or possession of the United States; the District ofColumbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is incarceratedat the time that he initiates a request for final disposition pursuant toArticle III hereof or at the time that a request for custody or availabilityis initiated pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had onan indictment, information or complaint pursuant to Article III or Article IVhereof. ARTICLE III.
(a) Whenever a person has entered upon a term of imprisonment in a penal orcorrectional institution of a party state, and whenever during thecontinuance of the term of imprisonment there is pending in any other partystate any untried indictment, information or complaint on the basis of whicha detainer has been lodged against the prisoner, he shall be brought to trialwithin 180 days after he shall have caused to be delivered to the prosecutingofficer and the appropriate court of the prosecuting officers' jurisdictionwritten notice of the place of his imprisonment and his request for a finaldisposition to be made of the indictment, information or complaint; providedthat for good cause shown in open court, the prisoner or his counsel beingpresent, the court having jurisdiction of the matter may grant any necessaryor reasonable continuance. The request of the prisoner shall be accompaniedby a certificate of the appropriate official having custody of the prisoner,stating the term of commitment under which the prisoner is being held, thetime already served, the time remaining to be served on the sentence, theamount of good time earned, the time of parole eligibility of the prisoner,and any decisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to inparagraph (a) hereof shall be given or sent by the prisoner to the warden,commissioner of corrections or other official having custody of him, whoshall promptly forward it together with the certificate to the appropriateprosecuting official and court by registered or certified mail, returnreceipt requested.
(c) The warden, commissioner of corrections or other official having custodyof the prisoner shall promptly inform him of the source and contents of anydetainer lodged against him and shall also inform him of his right to make arequest for final disposition of the indictment, information or complaint onwhich the detainer is based.
(d) Any request or final disposition made by a prisoner pursuant to paragraph(a) hereof shall operate as a request for final disposition of all untriedindictments, informations or complaints on the basis of which detainers havebeen lodged against the prisoner from the state to whose prosecuting officialthe request for final disposition is specifically directed. The warden,commissioner of corrections or other officials having custody of the prisonershall forthwith notify all appropriate prosecuting officers and courts in theseveral jurisdictions within the state to which the prisoner's request forfinal disposition 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, and thecertificate. If trial is not had on any indictment, information or complaintcontemplated hereby prior to the return of the prisoner to the original placeof imprisonment, such indictment, information or complaint shall not be ofany further force or effect, and the court shall enter an order dismissingthe same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant toparagraph (a) hereof shall also be deemed to be a waiver of extradition withrespect to any charge or proceeding contemplated thereby or included thereinby reason of paragraph (d) hereof, and a waiver of extradition to thereceiving state to serve any sentence there imposed upon him, aftercompletion of his term of imprisonment in the sending state. The request forfinal disposition shall also constitute a consent by the prisoner to theproduction of his body in any court where his presence may be required inorder to effectuate 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 this paragraphshall prevent the imposition of a concurrent sentence if otherwise permittedby law.
(f) Escape from custody by the prisoner subsequent to his execution of therequest for final disposition referred to in paragraph (a) hereof shall voidthe request. ARTICLE IV.
(a) The appropriate officer of the jurisdiction in which an untriedindictment, information or complaint is pending shall be entitled to have aprisoner against whom he has lodged a detainer and who is serving a term ofimprisonment in any party state made available in accordance with Article V(a) hereof upon presentation of a written request for temporary custody oravailability to the appropriate authorities of the state in which theprisoner is incarcerated; provided that the court having jurisdiction of suchindictment, information or complaint shall have duly approved, recorded andtransmitted the request; and provided further that there shall be a period ofthirty days after receipt by the appropriate authorities before the requestbe honored, within which period the governor of the sending state maydisapprove the request for temporary custody or availability, either upon hisown motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in paragraph(a) hereof, the appropriate authorities having the prisoner in custody shallfurnish the officer with a certificate stating the term of commitment underwhich the prisoner is being held, the time already served, the time remainingto be served on the sentence, the amount of good time earned, the time ofparole eligibility of the prisoner, and any decisions of the state paroleagency relating to the prisoner. Said authorities simultaneously shallfurnish all other officers and appropriate courts in the receiving state whohave lodged detainers against the prisoner with similar certificates and withnotices informing them of the request for custody or availability and of thereasons therefor.
(c) In respect of any proceeding made possible by this article, trial shallbe commenced within 120 days of the arrival of the prisoner in the receivingstate, but for good cause shown in open court, the prisoner or his counselbeing present, the court having jurisdiction of the matter may grant anynecessary or reasonable continuance.
(d) Nothing contained in this article shall be construed to deprive anyprisoner of any right which he may have to contest the legality of hisdelivery as provided in paragraph (a) hereof, but such delivery may not beopposed or denied on the ground that the executive authority of the sendingstate 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 the originalplace of imprisonment pursuant to Article V (e) hereof, such indictment,information or complaint shall not be of any further force or effect, and thecourt shall enter an order dismissing the same with prejudice. ARTICLE V.
(a) In response to a request made under Article III or Article IV hereof, theappropriate authority in a sending state shall offer to deliver temporarycustody of such prisoner to the appropriate authority in the state where suchindictment, information or complaint is pending against such person in orderthat speedy and efficient prosecution may be had. If the request for finaldisposition is made by the prisoner, the offer of temporary custody shallaccompany the written notice provided for in Article III of this agreement.In the case of a federal prisoner, the appropriate authority in the receivingstate shall be entitled to temporary custody as provided by this agreement orto the prisoner's presence in federal custody at the place of trial,whichever custodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer oftemporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the stateinto whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on thebasis of which the detainer has been lodged and on the basis of which therequest for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporarycustody of said person, or in the event that an action on the indictment,information or complaint on the basis of which the detainer has been lodgedis not brought to trial within the period provided in Article III or ArticleIV hereof, the appropriate court of the jurisdiction where the indictment,information or complaint has been pending shall enter an order dismissing thesame with prejudice, and any detainer based thereon shall cease to be of anyforce or effect.
(d) The temporary custody referred to in this agreement shall be only for thepurpose of permitting prosecution on the charge or charges contained in oneor more untried indictments, informations or complaints which form the basisof the detainer or detainers or for prosecution on any other charge orcharges arising out of the same transaction. Except for his attendance atcourt and while being transported to or from any place at which his presencemay be required, the prisoner shall be held in a suitable jail or otherfacility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of thisagreement, the prisoner shall be returned to the sending state.
(f) During the continuance or temporary custody or while the prisoner isotherwise being made available for trial as required by this agreement, timebeing served on the sentence shall continue to run but good time shall beearned by the prisoner only if, and to the extent that, the law and practiceof the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as providedin this agreement is exercised, the prisoner shall be deemed to remain in thecustody of and subject to the jurisdiction of the sending state and anyescape from temporary custody may be dealt with in the same manner as anescape from the original place of imprisonment or in any other mannerpermitted by law.
(h) From the time that a party state receives custody of a prisoner pursuantto this agreement until such prisoner is returned to the territory andcustody of the sending state, the state in which the one or more untriedindictments, informations or complaints are pending or in which trial isbeing had shall be responsible for the prisoner and shall also pay all costsof transporting, caring for, keeping and returning the prisoner. Theprovisions of this paragraph shall govern unless the states concerned shallhave entered into a supplementary agreement providing for a differentallocation of costs and responsibilities as between or among themselves.Nothing herein contained 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 its subdivisions,as to the payment of costs, or responsibilities therefor. ARTICLE VI.
(a) In determining the duration and expiration dates of the time periodsprovided in Articles III and IV of this agreement, the running of said timeperiods shall be tolled whenever and for as long as the prisoner is unable tostand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by thisagreement, shall apply to any person who is adjudged to be mentally ill. ARTICLE VII.
Each state party to this agreement shall designate an officer who, actingjointly with like officers of other party states, shall promulgate rules andregulations to carry out more effectively the terms and provisions of thisagreement, and who shall provide, within and without the state, informationnecessary to the effective operation of this agreement. ARTICLE VIII.
This agreement shall enter into full force and effect as to a party statewhen such state has enacted the same into law. A state party to thisagreement may withdraw herefrom by enacting a statute repealing the same.However, the withdrawal of any state shall not affect the status of anyproceedings already initiated by inmates or by state officers at the timesuch withdrawal takes effect, nor shall it affect their rights in respectthereof. ARTICLE IX.
This agreement shall be liberally construed so as to effectuate its purposes.The provisions of this agreement shall be severable and if any phrase,clause, sentence or provision of this agreement is declared to be contrary tothe constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this agreement shall be held contrary to theconstitution of any state party hereto, the agreement shall remain in fullforce and effect as to the remaining states and in full force and effect asto the state affected as to all severable matters.
(Code 1950, § 53-304.1; 1970, c. 407; 1982, c. 636.)
