Agreement on detainers; defendants confined in other jurisdiction
of United States
Sec. 4. Securing attendance of defendants confined as prisoners
in institutions of other jurisdictions of the United States)Agreement
on detainers.
Text of the Agreement of Detainers
The contracting states solemnly agree that:
Article 1
The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations, or complaints,
and difficulties in securing speedy trial of persons already
incarcerated in other jurisdictions, produce uncertainties which
obstruct programs of prisoner treatment and rehabilitation.
Accordingly, it is the policy of the party states and the purpose of
this agreement to encourage the expeditious and orderly disposition
of such charges and determination of the proper status of any and all
detainers based on untried indictments, informations or complaints.
The party states also find that proceedings with reference to such
charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative procedures. It
is the further purpose of this agreement to provide such cooperative
procedures.
Article 2
As used in this agreement:
(a) "State" shall mean a state of the United States; the United
States of America; a territory or possession of the United States; the
District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is
incarcerated at the time he initiates a request for final disposition
pursuant to Article 3 of this section or at the time that a request for
custody or availability is initiated pursuant to Article 4 hereof.
(c) " Receiving state" shall mean the state in which trial is to be
had on an indictment, information or complaint pursuant to Article
3 or Article 4 hereof.
Article 3
(a) Whenever a person has entered upon a term of imprisonment
in a penal or correctional institution of a party state, and whenever
during the continuance of the term of imprisonment there is pending
in any other party state any untried indictment, information or
complaint on the basis of which a detainer has been lodged against
the prisoner, he shall be brought to trial within one hundred eighty
(180) days after he shall have caused to be delivered to the
prosecuting officer and the appropriate court of the prosecuting
officer's jurisdiction written notice of the place of his imprisonment
and his request for a final disposition to be made of the indictment,
information or complaint; provided that for good cause shown in
open court, the prisoner or his counsel being present, the court
having jurisdiction of the matter may grant any necessary or
reasonable continuance. The request of the prisoner shall be
accompanied by a certificate of the appropriate official having
custody of the prisoner, stating the term of commitment under which
the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount 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
in paragraph (a) hereof shall be given or sent by the prisoner to the
warden, commissioner of correction or other official having custody
of him, who shall promptly forward it together with the certificate to
the appropriate prosecuting official and court by registered or
certified mail, return receipt requested.
(c) The warden, commissioner of correction or other official
having custody of the prisoner shall promptly inform him of the
source and contents of any detainer lodged against him and shall also
inform him of his right to make a request for final disposition of the
indictment, information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant
to paragraph (a) hereof shall operate as a request for final disposition
of all untried indictments, information or complaints on the basis of
which detainers have been lodged against the prisoner from the state
to whose prosecuting official the request for final disposition is
specifically directed. The warden, commissioner of correction or
other official having custody of the prisoner shall forthwith notify all
appropriate prosecuting officers and courts in the several
jurisdictions within the state to which the prisoner's request for final
disposition is being sent of the proceeding being initiated by the
prisoner. Any notification sent pursuant to this paragraph shall be
accompanied by copies of the prisoner's written notice, request and
the certificate. If trial is not had on any indictment, information or
complaint contemplated hereby prior to the return of the prisoner to
the original place of imprisonment, such indictment, information or
complaint shall not be of any further force or effect, and the court
shall enter an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant
to paragraph (a) hereof shall also be deemed to be a waiver of
extradition with respect to any charge or proceeding contemplated
thereby or included therein by reason of paragraph (d) hereof, and a
waiver of extradition to the receiving state to serve any sentence
there imposed upon him, after completion of his term of
imprisonment in the sending state. The request for final disposition
shall also constitute a consent by the prisoner to the production of his
body in any court where his presence may be required in order to
effectuate the purposes of this agreement and a further consent
voluntarily to be returned to the original place of imprisonment in
accordance with the provisions of this agreement. Nothing in this
paragraph shall prevent the imposition of a concurrent sentence if
otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to his
execution of the request for final disposition referred to in paragraph
(a) hereof shall void the request.
Article 4
(a) The appropriate officer of the jurisdiction in which an untried
indictment, information or complaint is pending shall be entitled to
have a prisoner against whom he has lodged a detainer and who is
serving a term of imprisonment in any party state made available in
accordance with Article 5 (a) hereof upon presentation of a written
request for temporary custody or availability to the appropriate
authorities of the state in which the prisoner is incarcerated; provided
that the court having jurisdiction of such indictment, information or
complaint shall have duly approved, recorded and transmitted the
request; and provided further that there shall be a period of thirty
(30) days after receipt by the appropriate authorities before the
request be honored, within which period the governor of the sending
state may disapprove the request for temporary custody of
availability, either upon his own 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 shall furnish the officer with a certificate stating the term
of commitment under which the prisoner is being held, the time
already served, the time remaining to be served on the sentence, the
amount of good time earned, the time of parole eligibility of the
prisoner, and any decisions of the state parole agency relating to the
prisoner. Said authorities simultaneously shall furnish all other
officers and appropriate courts in the receiving state who have
lodged detainers against the prisoner with similar certificates and
with notices informing them of the request for custody or availability
and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article,
trial shall be commenced within one hundred twenty (120) days of
the arrival of the prisoner in the receiving state, but for good cause
shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or
reasonable continuance.
(d) Nothing contained in this Article shall be construed to deprive
any prisoner of any right which he may have to contest the legality
of his delivery as provided in paragraph (a) hereof, but such delivery
may not be opposed or denied on the ground that the executive
authority of the sending state has not affirmatively consented to or
ordered such delivery.
(e) If trial is not had on any indictment, information or complaint
contemplated hereby prior to the prisoner's being returned to the
original place of imprisonment pursuant to Article 5 (e) hereof, such
indictment, information or complaint shall not be of any further force
or effect, and the court shall enter an order dismissing the same with
prejudice.
Article 5
(a) In response to a request made under Article 3 or Article 4
hereof, the appropriate authority in a sending state shall offer to
deliver temporary custody of such prisoner to the appropriate
authority in the state where such indictment, information or
complaint is pending against such person in order that speedy and
efficient prosecution may be had. If the request for final disposition
is made by the prisoner, the offer of temporary custody shall
accompany the written notice provided for in Article 3 of this
agreement. In the case of a federal prisoner, the appropriate authority
in the receiving state shall be entitled to temporary custody as
provided by this agreement or to the prisoner's presence in federal
custody at the place for trial, whichever custodial arrangement may
be approved by the custodian.
(b) The officer or other representative of a state accepting an offer
of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for
the state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or
complaint on the basis of which the detainer has been lodged and on
the basis of which the request for temporary custody of the prisoner
has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody 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 lodged is not brought to trial within the period
provided in Article 3 or Article 4 hereof, the appropriate court of the
jurisdiction where the indictment, information or complaint has been
pending shall enter an order dismissing the same with prejudice, and
any detainer based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be
only for the purpose of permitting prosecution on the charge or
charges contained in one or more untried indictments, informations
of complaints which form the basis of the detainer or detainers or for
prosecution on any other charge or charges arising out of the same
transaction. Except for his attendance at court and while being
transported to or from any place at which his presence may be
required, the prisoner shall be held in a suitable jail or other facility
regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of
this agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the
prisoner is otherwise being made available for trial as required by
this agreement, time being served on the sentence shall continue to
run but good time shall be earned by the prisoner only if, and to the
extent that, the law and practice of the jurisdiction which imposed
the sentence may allow.
(g) For all purposes other than that for which temporary custody
as provided in this agreement is exercised, the prisoner shall be
deemed to remain in the custody of and subject to the jurisdiction of
the sending state and any escape from temporary custody may be
dealt with in the same manner as an escape from the original place
of imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner
pursuant to this agreement until such prisoner is returned to the
territory and custody of the sending state, the state in which the one
or more untried indictments, informations or complaints are pending
or in which trial is being had shall be responsible for the prisoner and
shall also pay all costs of transporting, caring for, keeping and
returning the prisoner. The provisions of this paragraph shall govern
unless the states concerned shall have entered into a supplementary
agreement providing for a different allocation of costs and
responsibilities as between or among themselves. Nothing herein
contained shall be construed to alter or affect any internal
relationship among the departments, agencies and officers of and in
the government of a party state, or between a party state and its
subdivision, as to the payment of costs, or responsibilities therefor.
Article 6
(a) In determining the duration and expiration dates of the time
periods provided in Articles 3 and 4 of this agreement, the running
of said time periods shall be tolled whenever and for as long as the
prisoner is unable to stand trial, as determined by the court having
jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available
by this agreement, shall apply to any person who is adjudged to be
mentally ill.
Article 7
Each state party to this agreement shall designate an officer who,
acting jointly with like officers of other party states, shall promulgate
rules and regulations to carry out more effectively the terms and
provisions of this agreement, and who shall provide, within and
without the state, information necessary to the effective operation of
this agreement.
Article 8
This agreement shall enter into full force and effect as to a party
state when such state has enacted the same into law. A state party to
this agreement may withdraw herefrom by enacting a statute
repealing the same. However, the withdrawal of any state shall not
affect the status of any proceedings already initiated by inmates or by
state officers at the time such withdrawal takes effect, nor shall it
affect their rights in respect thereof.
Article 9
1. 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 to the constitution of any party state or of the
United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder
of this agreement and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this
agreement shall be held contrary to the constitution of any state party
hereto, the agreement shall remain in full force and effect as to the
remaining states and in full force and effect as to the state affected
as to all severable matters.
2. The phrase "appropriate court" as used in the agreement on
detainers shall, with reference to the courts of this state, mean any
court with criminal jurisdiction.
3. All courts, departments, agencies, officers and employees of
this state and its political subdivision are hereby directed to enforce
the agreement on detainers and to cooperate with one another and
with other party states in enforcing the agreement and effectuating
its purposes.
4. Escape from custody while in another state pursuant to the
agreement on detainers shall constitute an offense against the laws
of this state to the same extent and degree as an escape from the
institution in which the prisoner was confined immediately prior to
having been sent to another state pursuant to the provisions of the
agreement on detainers and shall be punishable in the same manner
as an escape from said institution.
5. It shall be lawful and mandatory upon the warden or other
official in charge of a penal or correctional institution in this state to
give over the person of any inmate hereof whenever so required by
the operation of the agreement on detainers.
6. The governor is hereby authorized and empowered to designate
an administrator who shall perform the duties and functions and
exercise the powers conferred upon such person by Article 7 of the
agreement on detainers.
7. In order to implement Article 4(a) of the agreement on
detainers, and in furtherance of its purposes, the appropriate
authorities having custody of the prisoner shall, promptly upon
receipt of the officer's written request notify the prisoner and the
governor in writing that a request for temporary custody has been
made and such notification shall describe the source and contents of
said request. The authorities having custody of the prisoner shall also
advise him in writing of his rights to counsel, to make
representations to the governor within thirty (30) days, and to contest
the legality of his delivery.
As added by Acts 1981, P.L.298, SEC.2.
Last modified: May 24, 2006