CHAPTER 23-24A
INTERSTATE AGREEMENT ON DETAINERS
23-24A-1 Findings, policy, and purpose of party states.
23-24A-2 Definition of terms.
23-24A-3 Notice by prisoner of place of imprisonment and request for final disposition--Time for trial--Continuance.
23-24A-4 Prisoner to be informed of detainer and right to final disposition.
23-24A-5 Prisoner's notice and request delivered to custodial officer--Forwarding to prosecuting officials.
23-24A-6 Certificate of custodial official to accompany prisoner's request for final disposition--Contents.
23-24A-7 Notice by custodial officer to prosecuting officers and courts of prisoner's request for final disposition.
23-24A-8 Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence.
23-24A-9 Escape voids request for final disposition.
23-24A-10 Request for disposition includes all untried accusations.
23-24A-11 Dismissal of accusations not tried before return to place of imprisonment.
23-24A-12 State's request for temporary custody and availability--Approval by court of requesting state--Time for action by Governor of sending state--Notice to prisoner.
23-24A-13 Custodial officer's certificate as to terms of imprisonment--Contents--Notice to other agencies in requesting state.
23-24A-14 Time for trial after return to requesting state--Continuance.
23-24A-15 Tolling of time periods for trial.
23-24A-16 Right of prisoner to contest legality of delivery.
23-24A-17 Delivery of temporary custody by sending state--Offer to accompany prisoner's request for final disposition--Federal prisoner.
23-24A-18 Documents required of officer accepting temporary custody.
23-24A-19 Duty of custodial officer to give over person of inmate.
23-24A-20 Limitation on purpose of temporary custody--Type of jail used for prisoner.
23-24A-21 Escape while in another state.
23-24A-22 Dismissal of accusation on failure to accept custody or try case--Detainer void.
23-24A-23 Running of sentence during temporary custody--Good time earned.
23-24A-24 Prisoner deemed in custody and jurisdiction of sending state--Escape from temporary custody.
23-24A-25 Responsibilities of receiving state--Supplementary agreement for allocation of costs and responsibilities--Internal relationships in state not altered.
23-24A-26 Dismissal of accusation not tried before return to imprisonment.
23-24A-27 Return of prisoner to sending state.
23-24A-28 Mentally ill persons not covered.
23-24A-29 Habitual offenders law not covered.
23-24A-30 Designation of officer in party states to implement agreement.
23-24A-31 Attorney general as central administrator or information agent--Rules and regulations subject to administrative procedure law.
23-24A-32 Enforcement and cooperation by state agencies and political subdivisions.
23-24A-33 Agreement in force on enactment into law--Withdrawal by party state.
23-24A-34 Liberal construction of agreement--Severability of provisions.
23-24A-1. Findings, policy, and purpose of party states.
The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
Source: SL 1972, ch 150, § 1.
23-24A-2. Definition of terms.
Terms as used in this agreement mean:
(1) "Appropriate court," with reference to the courts of this state, any court with criminal jurisdiction in the matter involved;
(2) "Detainer," any written instrument lodged by an appropriate prosecuting authority having a lawful basis therefor against a prisoner to make disposition of an extraditable offense upon his release from present custody;
(3) "Receiving state," the state in which trial is to be had on an indictment, information, or complaint pursuant to §§ 23-24A-3 to 23-24A-14, inclusive;
(4) "Sending state," a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to § 23-24A-3 or at the time that a request for custody or availability is initiated pursuant to § 23-24A-12;
(5) "State," a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the commonwealth of Puerto Rico.
Source: SL 1972, ch 150, § 2.
23-24A-3. Notice by prisoner of place of imprisonment and request for final disposition--Time for trial--Continuance.
Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place 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 his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Source: SL 1972, ch 150, § 3.
23-24A-4. Prisoner to be informed of detainer and right to final disposition.
The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and 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.
Source: SL 1972, ch 150, § 5.
23-24A-5. Prisoner's notice and request delivered to custodial officer--Forwarding to prosecuting officials.
The written notice and request for final disposition referred to in § 23-24A-3 shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
Source: SL 1972, ch 150, § 4.
23-24A-6. Certificate of custodial official to accompany prisoner's request for final disposition--Contents.
The request of the prisoner referred to in § 23-24A-3 shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating 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 of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.
Source: SL 1972, ch 150, § 3.
23-24A-7. Notice by custodial officer to prosecuting officers and courts of prisoner's request for final disposition.
The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this section shall be accompanied by copies of the prisoner's written notice, request, and the certificate.
Source: SL 1972, ch 150, § 6.
23-24A-8. Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence.
Any request for final disposition made by a prisoner pursuant to § 23-24A-3 shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of § 23-24A-10, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this section shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
Source: SL 1972, ch 150, § 8.
23-24A-9. Escape voids request for final disposition.
Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in § 23-24A-3 shall void the request.
Source: SL 1972, ch 150, § 9.
23-24A-10. Request for disposition includes all untried accusations.
Any request for final disposition made by a prisoner pursuant to § 23-24A-3 shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed.
Source: SL 1972, ch 150, § 6.
23-24A-11. Dismissal of accusations not tried before return to place of imprisonment.
If trial is not had on any indictment, information, or complaint contemplated by § 23-24A-3 or 23-24A-10 prior to the return of the prisoner to the original place of imprisonment, 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.
Source: SL 1972, ch 150, § 7.
23-24A-12. State's request for temporary custody and availability--Approval by court of requesting state--Time for action by Governor of sending state--Notice to prisoner.
The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending is entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with § 23-24A-17 upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated, provided that the court, having jurisdiction of such indictment, information, or complaint has duly approved, recorded, and transmitted the request, and provided that there is a period of thirty days after receipt by the appropriate authorities before the request is honored, during which period the Governor of the sending state may disapprove the request for temporary custody or availability, either upon the Governor's own motion or upon motion of the prisoner. The prisoner shall receive immediate notice of a request and shall be informed of his right to petition the Governor of the sending state to disapprove the request.
Source: SL 1972, ch 150, § 10; SL 2023, ch 3, § 35.
23-24A-13. Custodial officer's certificate as to terms of imprisonment--Contents--Notice to other agencies in requesting state.
Upon receipt of the officer's written request as provided in § 23-24A-12, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating 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 of parole 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 in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
Source: SL 1972, ch 150, § 11.
23-24A-14. Time for trial after return to requesting state--Continuance.
In respect of any proceeding made possible by §§ 23-24A-12 and 23-24A-13, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Source: SL 1972, ch 150, § 12.
23-24A-15. Tolling of time periods for trial.
In determining the duration and expiration dates of the time periods provided in §§ 23-24A-3 and 23-24A-14, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
Source: SL 1972, ch 150, § 23.
23-24A-16. Right of prisoner to contest legality of delivery.
Nothing contained in § 23-24A-12, 23-24A-13, or 23-24A-14 shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in § 23-24A-12, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.
Source: SL 1972, ch 150, § 13.
23-24A-17. Delivery of temporary custody by sending state--Offer to accompany prisoner's request for final disposition--Federal prisoner.
In response to a request made under § 23-24A-3 or 23-24A-12, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in § 23-24A-3. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.
Source: SL 1972, ch 150, § 15.
23-24A-18. Documents required of officer accepting temporary custody.
The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
Source: SL 1972, ch 150, § 16.
23-24A-19. Duty of custodial officer to give over person of inmate.
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
Source: SL 1972, ch 150, § 31.
23-24A-20. Limitation on purpose of temporary custody--Type of jail used for prisoner.
The temporary custody referred to in this agreement shall be only for the purpose of permitting 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 prosecution on any other charge or charges arising out of the same transaction. Except for this attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.
Source: SL 1972, ch 150, § 18.
23-24A-21. Escape while in another state.
Escape from custody while in another state pursuant to the agreement on detainers shall constitute an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provisions of the agreement on detainers and shall be punishable in the same manner as an escape from said institution.
Source: SL 1972, ch 150, § 30.
23-24A-22. Dismissal of accusation on failure to accept custody or try case--Detainer void.
If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in § 23-24A-3 or 23-24A-14, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.
Source: SL 1972, ch 150, § 17.
23-24A-23. Running of sentence during temporary custody--Good time earned.
During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.
Source: SL 1972, ch 150, § 20.
23-24A-24. Prisoner deemed in custody and jurisdiction of sending state--Escape from temporary custody.
For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.
Source: SL 1972, ch 150, § 21.
23-24A-25. Responsibilities of receiving state--Supplementary agreement for allocation of costs and responsibilities--Internal relationships in state not altered.
From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this section shall govern unless the states concerned shall have entered into a supplementary agreement providing 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 the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
Source: SL 1972, ch 150, § 22.
23-24A-26. Dismissal of accusation not tried before return to imprisonment.
If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to § 23-24A-27, 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.
Source: SL 1972, ch 150, § 14.
23-24A-27. Return of prisoner to sending state.
At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.
Source: SL 1972, ch 150, § 19.
23-24A-28. Mentally ill persons not covered.
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.
Source: SL 1972, ch 150, § 24.
23-24A-29. Habitual offenders law not covered.
Nothing in this chapter or in the agreement on detainers shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
Source: SL 1972, ch 150, § 29.
23-24A-30. Designation of officer in party states to implement agreement.
Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
Source: SL 1972, ch 150, § 25.
23-24A-31. Attorney general as central administrator or information agent--Rules and regulations subject to administrative procedure law.
The attorney general shall serve as central administrator or information agent for the agreement on detainers. In promulgating rules and regulations under § 23-24A-30, the attorney general shall do so pursuant to chapter 1-26.
Source: SL 1972, ch 150, § 32.
23-24A-32. Enforcement and cooperation by state agencies and political subdivisions.
All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Source: SL 1972, ch 150, § 28.
23-24A-33. Agreement in force on enactment into law--Withdrawal by party state.
This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
Source: SL 1972, ch 150, § 26.
23-24A-34. Liberal construction of agreement--Severability of provisions.
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, 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 shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Source: SL 1972, ch 150, § 27.
