Defendant confined under judgment or court order or awaiting
trial for another offense; order or warrant of detainer
Sec. 2. (a) When an indictment or information is pending against
a defendant confined in this state under a judgment or court order,
the court with jurisdiction over the pending criminal action shall,
after application by the prosecuting attorney, order that the defendant
be produced before the court for prosecution. The defendant shall not
be entitled to release pending trial on the indictment or information.
The court may order that the defendant be surrendered to the sheriff
of the county in which the court issuing the order is located. The
court may order the sheriff to convey the defendant from the
institution and commit the defendant to the jail or to another place of
custody specified in the order. If the proceeding is delayed, the court
may order the defendant returned temporarily to the institution until
the presence of the defendant before the court is required.
(b) When an indictment or information is pending against a
defendant:
(1) confined in an institution within this state pending trial for
another offense; or
(2) who has been released by order of another court pending
trial before that court for another offense;
the court shall, upon motion of the prosecuting attorney, issue a
warrant of detainer to the court before which the other prosecution
is pending. The court to which the order of detainer is issued, shall,
upon termination of the proceedings before the court, deliver custody
of the defendant to the sheriff of the county in which the court
issuing the warrant is situated. Upon delivery, the court shall return
the warrant to the court of issuance showing such fact. A duplicate
copy of the return shall be served upon the prosecuting attorney who
requested the issuance of the warrant.
As added by Acts 1981, P.L.298, SEC.2.
Last modified: May 24, 2006