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29-33 Uniform Mandatory Disposition of Detainers Act

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CHAPTER 29-33UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT29-33-01. Request for disposition of pending charges - Duty to inform prisoner -Dismissal.1.Any person who is imprisoned in a penal or correctional institution of this state may<br>request final disposition of any untried indictment, information, or complaint pending<br>against that person in this state. The request must be in writing addressed to the<br>court in which the indictment, information, or complaint is pending and to the<br>prosecuting official charged with the duty of prosecuting it and must set forth the<br>place of imprisonment.2.The warden or other official having custody of prisoners shall promptly inform each<br>prisoner in writing of the source and nature of any untried indictment, information, or<br>complaint against a prisoner of which the warden or other official had knowledge or<br>notice and of the prisoner's right to make a request for final disposition thereof.3.Failure of the warden or other official to inform a prisoner, as required by this<br>section, within one year after a detainer has been filed at the institution, entitles the<br>prisoner to a final dismissal of the indictment, information, or complaint with<br>prejudice.29-33-02.Duty to inform court and prosecuting official.The request must bedelivered to the warden or other official having custody of the prisoner, who shall forthwith:1.Certify the term of commitment under which the prisoner is being held, the time<br>already served on the sentence, the time remaining to be served, the good time<br>earned, the time of parole eligibility of the prisoner, and any decisions of the state<br>parole board relating to the prisoner; and2.Send by registered or certified mail, return receipt requested, one copy of the<br>request and certificate to the court and one copy to the prosecuting official to whom<br>it is addressed.29-33-03. When charges brought to trial - Dismissal. Within ninety days after thereceipt of the request and certificate by the court and prosecuting official or within such additional<br>time as the court for good cause shown in open court may grant, the prisoner or the prisoner's<br>counsel being present, the indictment, information, or complaint must be brought to trial, but the<br>parties may stipulate for a continuance or a continuance may be granted on notice to the attorney<br>of record and opportunity for the attorney to be heard. If, after such a request, the indictment,<br>information, or complaint is not brought to trial within that period, no court of this state any longer<br>has jurisdiction thereof, nor may the untried indictment, information, or complaint be of any<br>further force or effect, and the court shall dismiss it with prejudice.29-33-04.Request voided by escape.Escape from custody by any prisonersubsequent to the prisoner's execution of a request for final disposition of an untried indictment,<br>information, or complaint voids the request.29-33-05.Exclusions.This chapter does not apply to any person while undercommitment to an institution for the mentally ill or mentally deficient.29-33-06. Prisoners to be informed of chapter. The warden or other official havingcustody of prisoners shall arrange for all prisoners to be informed in writing of the provisions of<br>this chapter and for a record thereof to be placed in the prisoner's file.Page No. 129-33-07.Application and construction.This chapter must be so applied andconstrued as to effectuate its general purpose to make uniform the law with respect to the subject<br>of this chapter among those states which enact it.29-33-08. Citation of chapter. This chapter may be cited as the Uniform MandatoryDisposition of Detainers Act.Page No. 2Document Outlinechapter 29-33 uniform mandatory disposition of detainers act