§ 13-13-2 - Interstate agreement on detainers.
SECTION 13-13-2
§ 13-13-2 Interstate agreement ondetainers. – The interstate agreement on detainers is enacted into law and entered into bythis state on its own behalf with all jurisdictions legally joining insubstantially the following form:
The contracting states solemnly agree that:
ARTICLE I
The party states find that charges outstanding againstprisoner detainers based on untried indictments, informations, or complaintsand difficulties in securing speedy trial of persons already incarcerated inother jurisdictions, produce uncertainties which obstruct programs of prisonertreatment and rehabilitation. Accordingly, it is the policy of the party statesand the purpose of this agreement to encourage the expeditious and orderlydisposition of these charges and determination of the proper status of any andall detainers based on untried indictments, informations, or complaints. Theparty states also find that proceedings with reference to these charges anddetainers, when emanating from another jurisdiction, cannot properly be had inthe absence of cooperative procedures. It is the further purpose of thisagreement to provide cooperative procedures.
ARTICLE II
As used in this agreement:
(a) "State" means a state of the United States; the UnitedStates of America; a territory or possession of the United States; the Districtof Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" means a state in which a prisoner isincarcerated at the time that he or she initiates a request for finaldisposition pursuant to article III of this agreement or at the time that arequest for custody or availability is initiated pursuant to article IV.
(c) "Receiving state" means the state in which trial is to behad on an indictment, information or complaint pursuant to article III orarticle IV.
ARTICLE III
(a) Whenever a person has entered upon a term of imprisonmentin a penal or correctional institution of a party state, and whenever duringthe continuance of the term of imprisonment there is pending in any other partystate any untried indictment, information, or complaint on the basis of which adetainer has been lodged against the prisoner, he or she shall be brought totrial within one hundred eighty (180) days after he or she shall have caused tobe delivered to the prosecuting officer and the appropriate court of theprosecuting officer's jurisdiction written notice of the place of his or herimprisonment and his or her request for a final disposition to be made of theindictment, information or complaint; provided, that, for good cause shown inopen court, the prisoner or his or her counsel being present, the court havingjurisdiction of the matter may grant any necessary or reasonable continuance.The request of the prisoner shall be accompanied by a certificate of theappropriate official having custody of the prisoner, stating the term ofcommitment under which the prisoner is being held, the time already served, thetime remaining to be served on the sentence, the amount of good time earned,the time of parole eligibility of the prisoner, and any decision of the stateparole agency relating to the prisoner.
(b) The written notice and request for final dispositionreferred to in paragraph (a) of this article shall be given or sent by theprisoner to the warden, commissioner of corrections, or other official havingcustody of him or her, who shall promptly forward it together with thecertificate to the appropriate prosecuting official and court by registered orcertified mail, return receipt requested.
(c) The warden, commissioner of corrections, or otherofficial having custody of the prisoner shall promptly inform him or her of thesource and contents of any detainer lodged against him or her and shall alsoinform him or her of his or her right to make a request for final dispositionof the indictment, information, or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisonerpursuant to paragraph (a) of this article shall operate as a request for finaldisposition of all untried indictments, informations, or complaints on thebasis of which detainers have been lodged against the prisoner from the stateto whose prosecuting official the request for final disposition is specificallydirected. The warden, commissioner of corrections, or other official havingcustody of the prisoner shall immediately notify all appropriate prosecutingofficers and courts in the several jurisdictions within the state to which theprisoner's request for final disposition is being sent of the proceeding beinginitiated by the prisoner. Any notification sent pursuant to this paragraphshall be accompanied by copies of the prisoner's written notice, request, andthe certificate. If trial is not had on any indictment, information orcomplaint contemplated by this article prior to the return of the prisoner tothe original place of imprisonment, the indictment, information, or complaintshall not be of any further force or effect, and the court shall enter an orderdismissing the same with prejudice.
(e) Any request for final disposition made by a prisonerpursuant to paragraph (a) of this article shall also be deemed to be a waiverof extradition with respect to any charge or proceeding contemplated by it orincluded in it by reason of paragraph (d) of this article, and a waiver ofextradition to the receiving state to serve any sentence there imposed upon himor her, after completion of his or her term of imprisonment in the sendingstate. The request for final disposition shall also constitute a consent by theprisoner to the production of his or her body in any court where his presencemay be required in order to effectuate the purposes of this agreement and afurther consent voluntarily to be returned to the original place ofimprisonment in accordance with the provisions of this agreement. Nothing inthis paragraph shall prevent the imposition of a concurrent sentence ifotherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to his orher execution of the request for final disposition referred to in paragraph (a)of this article shall void the request.
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which anuntried indictment, information, or complaint is pending shall be entitled tohave a prisoner against whom he or she has lodged a detainer and who is servinga term of imprisonment in any party state made available in accordance witharticle V(a) of this agreement upon presentation of a written request fortemporary custody or availability to the appropriate authorities of the statein which the prisoner is incarcerated: provided, that the court havingjurisdiction of the indictment, information, or complaint shall have dulyapproved, recorded, and transmitted the request and provided further, thatthere shall be a period of thirty (30) days after receipt by the appropriateauthorities before the request is honored, within which period the governor ofthe sending state may disapprove the request for temporary custody oravailability, either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as providedin paragraph (a), the appropriate authorities having the prisoner in custodyshall furnish the officer with a certificate stating the term of commitmentunder which the prisoner is being held, the time already served, the timeremaining to be served on the sentence, the amount of good time earned, thetime of parole eligibility of the prisoner, and any decisions of the stateparole agency relating to the prisoner. The authorities simultaneously shallfurnish all other officers and appropriate courts in the receiving state whohave lodged detainers against the prisoner with similar certificates and withnotices informing them of the request for custody or availability and of thereasons for them.
(c) In respect of any proceeding made possible by thisarticle, trial shall be commenced within one hundred and twenty (120) days ofthe arrival of the prisoner in the receiving state, but for good cause shown inopen court, the prisoner or his counsel being present, the court havingjurisdiction of the matter may grant any necessary or reasonable continuance.
(d) Nothing contained in this article shall be construed todeprive any prisoner of any right which he or she may have to contest thelegality of his or her delivery as provided in paragraph (a), but such deliverymay not be opposed or denied on the ground that the executive authority of thesending state has not affirmatively consented to or ordered the delivery.
(e) If trial is not had on any indictment, information, orcomplaint contemplated prior to the prisoner's being returned to the originalplace of imprisonment pursuant to article V(e), such indictment, information,or complaint shall not be of any further force or effect, and the court shallenter an order dismissing the same with prejudice.
ARTICLE V
(a) In response to a request made under article III orarticle IV, the appropriate authority in a sending state shall offer to delivertemporary custody of the prisoner to the appropriate authority in the statewhere the indictment, information, or complaint is pending against the personin order that speedy and efficient prosecution may be had. If the request forfinal disposition is made by the prisoner, the offer of temporary custody shallaccompany the written notice provided for in article III of this agreement. Inthe case of a federal prisoner, the appropriate authority in the receivingstate shall be entitled to temporary custody as provided by this agreement orto the prisoner's presence in federal custody at the place of trial, whichevercustodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state acceptingan offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his or herauthority to act for the state into whose temporary custody this prisoner is tobe given.
(2) A duly certified copy of the indictment, information, orcomplaint on the basis of which the detainer has been lodged and on the basisof which the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail toaccept temporary custody of the person, or in the event that an action on theindictment, information, or complaint on the basis of which the detainer hasbeen lodged is not brought to trial within the period provided in article IIIor article IV, the appropriate court of the jurisdiction where the indictment,information, or complaint has been pending shall enter an order dismissing thesame with prejudice, and any detainer based on it shall cease to be of anyforce or effect.
(d) The temporary custody referred to in this agreement shallbe only for the purpose of permitting prosecution on the charge or chargescontained in one or more untried indictments, informations, or complaints whichform the basis of the detainer or detainers or for prosecution on any othercharge or charges arising out of the same transaction. Except for his or herattendance at court and while being transported to or from any place at whichhis or her presence may be required, the prisoner shall be held in a suitablejail or other facility regularly used for persons awaiting.
(e) At the earliest practicable time consonant with thepurposes of this agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while theprisoner is otherwise being made available for trial as required by thisagreement, time being served on the sentence shall continue to run but goodtime shall be earned by the prisoner only if, and to the extent that, the lawand practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporarycustody as provided in this agreement is exercised, the prisoner shall bedeemed to remain in the custody of and subject to the jurisdiction of thesending state and any escape from temporary custody may be dealt with in thesame manner as an escape from the original place of imprisonment or in anyother manner permitted by law.
(h) From the time that a party state receives custody of aprisoner pursuant to this agreement until the prisoner is returned to theterritory and custody of the sending state, the state in which the one or moreuntried indictments, informations, or complaints are pending or in which trialis being had shall be responsible for the prisoner and shall also pay all costsof transporting, caring for, keeping, and returning the prisoner. Theprovisions of this paragraph shall govern unless the states concerned shallhave entered into a supplementary agreement providing for a differentallocation of costs and responsibilities as between or among themselves.Nothing contained in this article shall be construed to alter or affect anyinternal relationship among the departments, agencies and officers of and inthe government of a party state, or between a party state and its subdivisions,as to the payment of costs, or responsibilities for them.
ARTICLE VI
(a) In determining the duration and expiration dates of thetime periods provided in articles III and IV of this agreement, the running ofthe time periods shall be tolled whenever and for as long as the prisoner isunable to stand trial, as determined by the court having jurisdiction of thematter.
(b) No provisions of this agreement, and no remedy madeavailable by this agreement shall apply to any person who is adjudged to bementally ill.
ARTICLE VII
Each state party to this agreement shall designate an officerwho, acting jointly with like officers of other party states, shall promulgaterules and regulations to carry out more effectively the terms and provisions ofthis agreement, and who shall provide, within and without the state,information necessary to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to aparty state when the state has enacted the agreement into law. A state party tothis agreement may withdraw from it by enacting a statute repealing it.However, the withdrawal of any state shall not affect the status of anyproceedings already initiated by inmates or by state officers at the time suchwithdrawal takes effect, nor shall it affect their rights in respect thereof.
ARTICLE IX
This agreement shall be liberally construed so as toeffectuate its purposes. The provisions of this agreement shall be severableand if any phrase, clause, sentence, or provision of this agreement is declaredto be contrary to the constitution of any party state or of the United Statesor its applicability to any government, agency, person, or circumstance is heldinvalid, the validity of the remainder of this agreement and its applicabilityto any government, agency, person or circumstance shall not be affected. Ifthis agreement shall be held contrary to the constitution of any state party toit, the agreement shall remain in full force and effect as to the remainingstates and in full force and effect as to the state affected as to allseverable matters.