77-29-5 - Interstate agreement on detainers -- Enactment into law -- Text of agreement.
77-29-5. Interstate agreement on detainers -- Enactment into law -- Text ofagreement.
The interstate agreement on detainers is hereby enacted into law and entered into by thisstate with all other jurisdictions legally joining therein in the form substantially as follows:
The contracting states solemnly agree that:
The party states find that charges outstanding against a prisoner, detainers based onuntried indictments, informations or complaints, and difficulties in securing speedy trial ofpersons already incarcerated in other jurisdictions, produce uncertainties which obstructprograms of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party statesand the purpose of this agreement to encourage the expeditious and orderly disposition of suchcharges and determination of the proper status of any and all detainers based on untriedindictments, informations or complaints. The party states also find that proceedings withreference to such charges and detainers, when emanating from another jurisdiction, cannotproperly be had in the absence of co-operative procedures. It is the further purpose of thisagreement to provide such co-operative procedures.
As used in this agreement:
(a) "State" shall mean a state of the United States; the United States of America; aterritory or possession of the United States; District of Columbia; the Commonwealth of PuertoRico.
(b) "Sending state" shall mean a state in which a prisoner is incarcerated at the time thathe initiates a request for final dispositions pursuant to Article III hereof or at the time that arequest for custody or availability is initiated pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had on an indictment,information or complaint pursuant to Article III or Article IV hereof.
(a) Whenever a person has entered upon a term of imprisonment in a penal orcorrectional institution of a party state, and whenever during the continuance of the term ofimprisonment there is pending in any other party state any untried indictment, information orcomplaint on the basis of which a detainer has been lodged against the prisoner, he shall bebrought to trial within 180 days after he shall have caused to be delivered to the prosecutingofficer and the appropriate court of the prosecuting officer's jurisdiction written notice of theplace 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 hiscounsel being present, the court having jurisdiction of the matter may grant any necessary orreasonable continuance. The request of the prisoner shall be accompanied by a certificate of theappropriate official having custody of the prisoner, stating the term of commitment under whichthe prisoner is being held, the time already served, the time remaining to be served on thesentence, the amount of good time earned, the time of parole eligibility of the prisoner, and anydecisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in paragraph (a) hereofshall be given or sent by the prisoner to the warden, commissioner of corrections or other officialhaving custody of him, who shall promptly forward it together with the certificate to theappropriate prosecuting official and court by registered or certified mail, return receipt requested.
(c) The warden, commissioner of corrections or other official having custody of theprisoner shall promptly inform him of the source and contents of any detainer lodged against himand 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) hereofshall operate as a request for final disposition of all untried indictments, informations orcomplaints on the basis of which detainers have been lodged against the prisoner from the stateto whose prosecuting official the request for final disposition is specifically directed. Thewarden, commissioner of corrections or other official having custody of the prisoner shallforthwith notify all appropriate prosecuting officers and courts in the several jurisdictions withinthe state to which the prisoner's request for final disposition is being sent of the proceeding beinginitiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompaniedby copies of the prisoner's written notice, request, and the certificate. If trial is not had on anyindictment, information or complaint contemplated hereby prior to the return of the prisoner tothe original place of imprisonment, such indictment, information or complaint shall not be of anyfurther 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 a paragraph (a)hereof shall also be deemed to be a waiver of extradition with respect to any charge orproceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and awaiver of extradition to the receiving state to serve any sentence there imposed upon him, aftercompletion of his term of imprisonment in the sending state. The request for final dispositionshall also constitute a consent by the prisoner to the production of his body in any court where hispresence may be required in order to effectuate the purposes of this agreement and a furtherconsent voluntarily to be returned to the original place of imprisonment in accordance with theprovisions of this agreement. Nothing in this paragraph shall prevent the imposition of aconcurrent sentence if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of the request forfinal disposition referred to in paragraph (a) hereof shall void the request.
(a) The appropriate officer of the jurisdiction in which an untried indictment, informationor complaint is pending shall be entitled to have a prisoner against whom he has lodged adetainer and who is serving a term of imprisonment in any party state made available inaccordance with Article V (a) hereof upon presentation of a written request for temporarycustody or availability to the appropriate authorities of the state in which the prisoner isincarcerated; provided that the court having jurisdiction of such indictment, information orcomplaint shall have duly approved, recorded and transmitted the request; and provided furtherthat there shall be a period of 30 days after receipt by the appropriate authorities before therequest be honored, within which period the governor of the sending state may disapprove therequest for temporary custody or availability, either upon his own motion or upon motion of theprisoner.
(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, theappropriate authorities having the prisoner in custody shall furnish the officer with a certificatestating 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 ofparole 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 inthe receiving state who have lodged detainers against the prisoner with similar certificates andwith 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 commencedwithin 120 days of the arrival of the prisoner in the receiving state, but for good cause shown inopen court, the prisoner or his counsel being present, the court having jurisdiction of the mattermay grant any necessary or reasonable continuance.
(d) Nothing contained in the article shall be construed to deprive any prisoner of anyright 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 executiveauthority 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 herebyprior to the prisoner's being returned to the original place of imprisonment pursuant to Article V(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.
(a) In response to a request made under Article III or Article IV hereof, the appropriateauthority in a sending state shall offer to deliver temporary custody of such prisoner to theappropriate authority in the state where such indictment, information or complaint is pendingagainst such person in order that speedy and efficient prosecution may be had. If the request forfinal disposition is made by the prisoner, the offer of temporary custody shall accompany thewritten notice provided for in Article III of this agreement. In the case of a federal prisoner, theappropriate authority in the receiving state shall be entitled to temporary custody as provided bythis agreement or to the prisoner's presence in federal custody at the place for trial, whichevercustodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of temporary custodyshall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the state into whosetemporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on the basis ofwhich the detainer has been lodged and on the basis of which the request for temporary custodyof the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporary custody of saidperson, or in the event that an action on the indictment, information or complaint on the basis ofwhich the detainer has been lodged is not brought to trial within the period provided in Article IIIor Article IV hereof, the appropriate court of the jurisdiction where the indictment, informationor complaint has been pending shall enter an order dismissing the same with prejudice, and anydetainer 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 ofpermitting prosecution on the charge or charges contained in one or more untried indictments,informations or complaints which form the basis of the detainer or detainers or for prosecutionon any other charge or charges arising out of the same transaction. Except for his attendance atcourt and while being transported to or from any place at which his presence may be required, theprisoner shall be held in a suitable jail or other facility regularly used for persons awaitingprosecution.
(e) At the earliest practicable time consonant with the purposes of this agreement, theprisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is otherwise beingmade available for trial as required by this agreement, time being served on the sentence shallcontinue to run but good time shall be earned by the prisoner only if, and to the extent that, thelaw 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 thisagreement is exercised, the prisoner shall be deemed to remain in the custody of and subject tothe jurisdiction of the sending state and any escape from temporary custody may be dealt with inthe same manner as an escape 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 pursuant to thisagreement until such prisoner is returned to the territory and custody of the sending state, thestate in which the one or more untried indictments, informations or complaints are pending or inwhich trial is being had shall be responsible for the prisoner and shall also pay all costs oftransporting, caring for, keeping and returning the prisoner. The provisions of this paragraphshall govern unless the states concerned shall have entered into a supplementary agreementproviding 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 thedepartments, agencies and officers of and in the government of a party state, or between a partystate and its subdivisions, as to the payment of costs, or responsibilities therefor.
(a) In determining the duration and expiration dates of the time periods provided inArticles III and IV of this agreement, the running of said time periods shall be tolled wheneverand for as long as the prisoner is unable to stand trial, as determined by the court havingjurisdiction 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.
Each state party to this agreement shall designate an officer who, acting jointly with likeofficers of other party states, shall promulgate rules and regulations to carry out more effectivelythe terms and provisions of this agreement, and who shall provide, within and without the state,information necessary to the effective operation of this agreement.
This agreement shall enter into full force and effect as to a party state when such state hasenacted the same into law. A state party to this agreement may withdraw herefrom enacting astatute 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 time such withdrawal takeseffect, nor shall it affect their rights in respect thereof.
This agreement shall be liberally construed so as to effectuate its purposes. Theprovisions of this agreement shall be severable and if any phrase, clause, sentence or provision ofthis agreement is declared to be contrary to the Constitution of any party state or of the UnitedStates or the applicability thereof to any government, agency, person or circumstance is heldinvalid, 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 shallbe held contrary to the Constitution of any state party hereto, the agreement shall remain in fullforce and effect as to the remaining states and in full force and effect as to the state affected as toall severable matters.
Enacted by Chapter 15, 1980 General Session