Alabama v. Bozeman, 533 U.S. 146, 2 (2001)

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Cite as: 533 U. S. 146 (2001)

Syllabus

fied time period, or those that are simply for arraignment purposes. Pp. 152-154.

(b) Even assuming that the Agreement exempts violations that, viewed in terms of its purposes, are de minimis, the violation here could not qualify as trivial, because the "no return" provision's purpose cannot be a simple, direct effort to prevent the interruption of rehabilitation. Article IV(e)'s requirement that the prisoner remain in the county jail means that he will typically spend 120 days away from the sending State's rehabilitation programs, whereas returning him prior to trial— in violation of IV(e)—would permit him to participate in the sending State's program for some of those days. To call such a violation "technical," because it means fewer days spent away from the sending State, is to call virtually every conceivable antishuttling violation "technical." The Agreement may seek to remove rehabilitation obstructions in a different way: Requiring the receiving State to pay for the prisoner's incarceration during the pretrial period (pursuant to Article V) may give the State an incentive to shorten that period and dispose of detainers expeditiously. Alternatively, the Agreement's drafters may have sought to minimize the number of shuttles in the belief that the "shuttling" itself adds to the uncertainties obstructing rehabilitation programs, see Art. I. Regardless of the antishuttling remedy's original purpose, given the Agreement's absolute language, it is enough to explain why Alabama's view is not plausible and to point to other purposes more easily squared with Article IV(e)'s text and operation. Pp. 154-156.

(c) Alabama's additional claim that return to the sending State after a brief journey to the receiving State for pretrial purposes is helpful, not harmful, to the prisoner is a policy argument more appropriately addressed to legislatures. And the federal statutory provision to which the Solicitor General points governs only when the United States is a receiving State, which does not help Alabama's cause. Although this Court rejects Alabama's interpretation of the Agreement, a receiving State is not barred from returning a prisoner when it would be mutually advantageous and the prisoner accordingly waives his Article IV(e) rights. Pp. 156-157.

781 So. 2d 165, affirmed.

Breyer, J., delivered the opinion of the Court, Parts I, II-A, and II-C of which were unanimous, and Part II-B of which was joined by Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Souter, and Ginsburg, JJ.

147

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