Agreement on detainers

§ 580.20 Agreement on detainers.\n The agreement on detainers is hereby enacted into law and entered into\nby this state with all other jurisdictions legally joining therein in\nthe form substantially as follows:\n TEXT OF THE AGREEMENT ON DETAINERS\nThe contracting states solemnly agree that:\n ARTICLE I\n The party states find that charges outstanding against a prisoner,\ndetainers based on untried indictments, informations or complaints, and\ndifficulties in securing speedy trial of persons already incarcerated in\nother jurisdictions, produce uncertainties which obstruct programs of\nprisoner treatment and rehabilitation. Accordingly, it is the policy of\nthe party states and the purpose of this agreement to encourage the\nexpeditious and orderly disposition of such charges and determination of\nthe proper status of any and all detainers based on untried indictments,\ninformations or complaints. The party states also find that proceedings\nwith reference to such charges and detainers, when emanating from\nanother jurisdiction, cannot properly be had in the absence of\ncooperative procedures. It is the further purpose of this agreement to\nprovide such cooperative procedures.\n ARTICLE II\n As used in this agreement:\n (a) "State" shall mean a state of the United States; the United\nStates of America; a territory or possession of the United States; the\nDistrict of Columbia; the Commonwealth of Puerto Rico.\n (b) "Sending state" shall mean a state in which a prisoner is\nincarcerated at the time that he initiates a request for final\ndisposition pursuant to Article III hereof or at the time that a request\nfor custody or availability is initiated pursuant to Article IV hereof.\n (c) "Receiving state" shall mean the state in which trial is to be\nhad on an indictment, information or complaint pursuant to Article III\nor Article IV hereof.\n ARTICLE III\n (a) Whenever a person has entered upon a term of imprisonment in a\npenal or correctional institution of a party state, and whenever during\nthe continuance of the term of imprisonment there is pending in any\nother party state any untried indictment, information or complaint on\nthe basis of which a detainer has been lodged against the prisoner, he\nshall be brought to trial within one hundred eighty days after he shall\nhave caused to be delivered to the prosecuting officer and the\nappropriate court of the prosecuting officer's jurisdiction written\nnotice of the place of his imprisonment and his request for a final\ndisposition to be made of the indictment, information or complaint;\nprovided that for good cause shown in open court, the prisoner or his\ncounsel being present, the court having jurisdiction of the matter may\ngrant any necessary or reasonable continuance. The request of the\nprisoner shall be accompanied by a certificate of the appropriate\nofficial having custody of the prisoner, stating the term of commitment\nunder which the prisoner is being held, the time already served, the\ntime remaining to be served on the sentence, the amount of good time\nearned, the time of parole eligibility of the prisoner, and any\ndecisions of the state parole agency relating to the prisoner.\n (b) The written notice and request for final disposition referred to\nin paragraph (a) hereof shall be given or sent by the prisoner to the\nwarden, commissioner of correction or other official having custody of\nhim, who shall promptly forward it together with the certificate to the\nappropriate prosecuting official and court by registered or certified\nmail, return receipt requested.\n (c) The warden, commissioner of correction or other official having\ncustody of the prisoner shall promptly inform him of the source and\ncontents of any detainer lodged against him and shall also inform him of\nhis right to make a request for final disposition of the indictment,\ninformation or complaint on which the detainer is based.\n (d) Any request for final disposition made by a prisoner pursuant to\nparagraph (a) hereof shall operate as a request for final disposition of\nall untried indictments, informations or complaints on the basis of\nwhich detainers have been lodged against the prisoner from the state to\nwhose prosecuting official the request for final disposition is\nspecifically directed. The warden, commissioner of correction or other\nofficial having custody of the prisoner shall forthwith notify all\nappropriate prosecuting officers and courts in the several jurisdictions\nwithin the state to which the prisoner's request for final disposition\nis being sent of the proceeding being initiated by the prisoner. Any\nnotification sent pursuant to this paragraph shall be accompanied by\ncopies of the prisoner's written notice, request, and the certificate.\nIf trial is not had on any indictment, information or complaint\ncontemplated hereby prior to the return of the prisoner to the original\nplace of imprisonment, such indictment, information or complaint shall\nnot be of any further force or effect, and the court shall enter an\norder dismissing the same with prejudice.\n (e) Any request for final disposition made by a prisoner pursuant to\nparagraph (a) hereof shall also be deemed to be a waiver of extradition\nwith respect to any charge or proceeding contemplated thereby or\nincluded therein by reason of paragraph (d) hereof, and a waiver of\nextradition to the receiving state to serve any sentence there imposed\nupon him, after completion of his term of imprisonment in the sending\nstate. The request for final disposition shall also constitute a\nconsent by the prisoner to the production of his body in any court where\nhis presence may be required in order to effectuate the purposes of this\nagreement and a further consent voluntarily to be returned to the\noriginal place of imprisonment in accordance with the provisions of this\nagreement. Nothing in this paragraph shall prevent the imposition of a\nconcurrent sentence if otherwise permitted by law.\n (f) Escape from custody by the prisoner subsequent to his execution\nof the request for final disposition referred to in paragraph (a) hereof\nshall void the request.\n ARTICLE IV\n (a) The appropriate officer of the jurisdiction in which an untried\nindictment, information or complaint is pending shall be entitled to\nhave a prisoner against whom he has lodged a detainer and who is serving\na term of imprisonment in any party state made available in accordance\nwith Article V(a) hereof upon presentation of a written request for\ntemporary custody or availability to the appropriate authorities of the\nstate in which the prisoner is incarcerated; provided that the court\nhaving jurisdiction of such indictment, information or complaint shall\nhave duly approved, recorded and transmitted the request; and provided\nfurther that there shall be a period of thirty days after receipt by the\nappropriate authorities before the request be honored, within which\nperiod the governor of the sending state may disapprove the request for\ntemporary custody or availability, either upon his own motion or upon\nmotion of the prisoner.\n (b) Upon receipt of the officer's written request as provided in\nparagraph (a) hereof, the appropriate authorities having the prisoner in\ncustody shall furnish the officer with a certificate stating the term of\ncommitment under which the prisoner is being held, the time already\nserved, the time remaining to be served on the sentence, the amount of\ngood time earned, the time of parole eligibility of the prisoner, and\nany decisions of the state parole agency relating to the prisoner. Said\nauthorities simultaneously shall furnish all other officers and\nappropriate courts in the receiving state who have lodged detainers\nagainst the prisoner with similar certificates and with notices\ninforming them of the request for custody or availability and of the\nreasons therefor.\n (c) In respect of any proceeding made possible by this Article, trial\nshall be commenced within one hundred twenty days of the arrival of the\nprisoner in the receiving state, but for good cause shown in open court,\nthe prisoner or his counsel being present, the court having jurisdiction\nof the matter may grant any necessary or reasonable continuance.\n (d) Nothing contained in this Article shall be construed to deprive\nany prisoner of any right which he may have to contest the legality of\nhis delivery as provided in paragraph (a) hereof but such delivery may\nnot be opposed or denied on the ground that the executive authority of\nthe sending state has not affirmatively consented to or ordered such\ndelivery.\n (e) If trial is not had on any indictment, information or complaint\ncontemplated hereby prior to the prisoner's being returned to the\noriginal place of imprisonment pursuant to Article V(e) hereof, such\nindictment, information or complaint shall not be of any further force\nor effect, and the court shall enter an order dismissing the same with\nprejudice.\n ARTICLE V\n (a) In response to a request made under Article III or Article IV\nhereof, the appropriate authority in a sending state shall offer to\ndeliver temporary custody of such prisoner to the appropriate authority\nin the state where such indictment, information or complaint is pending\nagainst such person in order that speedy and efficient prosecution may\nbe had. If the request for final disposition is made by the prisoner,\nthe offer of temporary custody shall accompany the written notice\nprovided for in Article III of this agreement. In the case of a federal\nprisoner, the appropriate authority in receiving state shall be entitled\nto temporary custody as provided by this agreement or to the prisoner's\npresence in federal custody at the place for trial, whichever custodial\narrangement may be approved by the custodian.\n (b) The officer or other representative of a state accepting an offer\nof temporary custody shall present the following upon demand:\n (1) Proper identification and evidence of his authority to act for\nthe state into whose temporary custody the prisoner is to be given.\n (2) A duly certified copy of the indictment, information or complaint\non the basis of which the detainer has been lodged and on the basis of\nwhich the request for temporary custody of the prisoner has been made.\n (c) If the appropriate authority shall refuse or fail to accept\ntemporary custody of said person, or in the event that an action on the\nindictment, information or complaint on the basis of which the detainer\nhas been lodged is not brought to trial within the period provided in\nArticle III or Article IV hereof, the appropriate court of the\njurisdiction where the indictment, information or complaint has been\npending shall enter an order dismissing the same with prejudice, and any\ndetainer based thereon shall cease to be of any force or effect.\n (d) The temporary custody referred to in this agreement shall be only\nfor the purpose of permitting prosecution on the charge or charges\ncontained in one or more untried indictments, informations or complaints\nwhich form the basis of the detainer or detainers or for prosecution on\nany other charge or charges arising out of the same transaction. Except\nfor his attendance at court and while being transported to or from any\nplace at which his presence may be required, the prisoner shall be held\nin a suitable jail or other facility regularly used for persons awaiting\nprosecution.\n (e) At the earliest practicable time consonant with the purposes of\nthis agreement, the prisoner shall be returned to the sending state.\n (f) During the continuance of temporary custody or while the prisoner\nis otherwise being made available for trial as required by this\nagreement, time being served on the sentence shall continue to run but\ngood time shall be earned by the prisoner only if, and to the extent\nthat, the law and practice of the jurisdiction which imposed the\nsentence may allow.\n (g) For all purposes other than that for which temporary custody as\nprovided in this agreement is exercised, the prisoner shall be deemed to\nremain in the custody of and subject to the jurisdiction of the sending\nstate and any escape from temporary custody may be dealt with in the\nsame manner as an escape from the original place of imprisonment or in\nany other manner permitted by law.\n (h) From the time that a party state receives custody of a prisoner\npursuant to this agreement until such prisoner is returned to the\nterritory and custody of the sending state, the state in which the one\nor more untried indictments, informations or complaints are pending or\nin which trial is being had shall be responsible for the prisoner and\nshall also pay all costs of transporting, caring for, keeping and\nreturning the prisoner. The provisions of this paragraph shall govern\nunless the states concerned shall have entered into a supplementary\nagreement providing for a different allocation of costs and\nresponsibilities as between or among themselves. Nothing herein\ncontained shall be construed to alter or affect any internal\nrelationship among the departments, agencies and officers of and in the\ngovernment of a party state, or between a party state and its\nsubdivisions, as to the payment of costs, or responsibilities therefor.\n ARTICLE VI\n (a) In determining the duration and expiration dates of the time\nperiods provided in Articles III and IV of this agreement, the running\nof said time periods shall be tolled whenever and for as long as the\nprisoner is unable to stand trial, as determined by the court having\njurisdiction of the matter.\n (b) No provision of this agreement, and no remedy made available by\nthis agreement, shall apply to any person who is adjudged to be mentally\nill.\n ARTICLE VII\n Each state party to this agreement shall designate an officer who,\nacting jointly with like officers of other party states, shall\npromulgate rules and regulations to carry out more effectively the terms\nand provisions of this agreement, and who shall provide, within and\nwithout the state, information necessary to the effective operation of\nthis agreement.\n ARTICLE VIII\n This agreement shall enter into full force and effect as to a party\nstate when such state has enacted the same into law. A state party to\nthis agreement may withdraw herefrom by enacting a statute repealing the\nsame. However, the withdrawal of any state shall not affect the status\nof any proceedings already initiated by incarcerated individuals or by\nstate officers at the time such withdrawal takes effect, nor shall it\naffect their rights in respect thereof.\n ARTICLE IX\n 1. This agreement shall be liberally construed so as to effectuate\nits purposes. The provisions of this agreement shall be severable and\nif any phrase, clause, sentence or provision of this agreement is\ndeclared to be contrary to the constitution of any party state or of the\nUnited States or the applicability thereof to any government, agency,\nperson or circumstance is held invalid, the validity of the remainder of\nthis agreement and the applicability thereof to any government, agency,\nperson or circumstance shall not be affected thereby. If this agreement\nshall be held contrary to the constitution of any state party hereto,\nthe agreement shall remain in full force and effect as to the remaining\nstates and in full force and effect as to the state affected as to all\nseverable matters.\n 2. The phrase "appropriate court" as used in the agreement on\ndetainers shall, with reference to the courts of this state, mean any\ncourt with criminal jurisdiction.\n 3. All courts, departments, agencies, officers and employees of this\nstate and its political subdivisions are hereby directed to enforce the\nagreement on detainers and to cooperate with one another and with other\nparty states in enforcing the agreement and effectuating its purposes.\n 4. Escape from custody while in another state pursuant to the\nagreement on detainers shall constitute an offense against the laws of\nthis state to the same extent and degree as an escape from the\ninstitution in which the prisoner was confined immediately prior to\nhaving been sent to another state pursuant to the provisions of the\nagreement on detainers and shall be punishable in the same manner as an\nescape from said institution.\n 5. It shall be lawful and mandatory upon the warden or other official\nin charge of a penal or correctional institution in this state to give\nover the person of any incarcerated individual thereof whenever so\nrequired by the operation of the agreement on detainers.\n 6. The governor is hereby authorized and empowered to designate an\nadministrator who shall perform the duties and functions and exercise\nthe powers conferred upon such person by Article VII of the agreement on\ndetainers.\n 7. In order to implement Article IV(a) of the agreement on detainers,\nand in furtherance of its purposes, the appropriate authorities having\ncustody of the prisoner shall, promptly upon receipt of the officer's\nwritten request, notify the prisoner and the governor in writing that a\nrequest for temporary custody has been made and such notification shall\ndescribe the source and contents of said request. The authorities\nhaving custody of the prisoner shall also advise him in writing of his\nrights to counsel, to make representations to the governor within thirty\ndays, and to contest the legality of his delivery.\n