2005 Idaho Code - 19-5001 — TEXT OF AGREEMENT

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 50
                      INTERSTATE AGREEMENT ON DETAINERS
    19-5001.  TEXT OF AGREEMENT. The agreement on detainers is hereby enacted
into law and entered into by this state with all other jurisdictions legally
joining therein in the form substantially as follows:
    (a)  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.
    (b)  As used in this agreement:
    (1)  "State" shall mean 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.
    (2)  "Sending state" shall mean a state in which a prisoner is
    incarcerated at the time that he initiates a request for final disposition
    pursuant to subsection (c) of this section or at the time that a request
    for custody or availability is initiated pursuant to subsection (d) of
    this section.
    (3)  "Receiving state" shall mean the state in which trial is to be had on
    an indictment, information or complaint pursuant to subsections (c) and
    (d) of this section.
    (c) (1)  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 (180) 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. The request of the prisoner 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.
    (2)  The written notice and request for final disposition referred to in
    paragraph (1) of this subsection 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.
    (3)  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.
    (4)  Any request for final disposition made by a prisoner pursuant to
    paragraph (1) of this subsection 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. 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 paragraph shall be accompanied by
    copies of the prisoner's written notice, request, and the certificate. If
    trial is not had on any indictment, information or complaint contemplated
    hereby 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.
    (5)  Any request for final disposition made by a prisoner pursuant to
    paragraph (1) of this subsection 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 paragraph (4) of this subsection, 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 paragraph shall prevent the imposition of a concurrent
    sentence if otherwise permitted by law.
    (d) (1)  The appropriate officer of the jurisdiction in which an untried
    indictment, information or complaint is pending shall be entitled to have
    a prisoner against whom he has lodged a detainer and who is serving a term
    of imprisonment in any party state made available in accordance with
    subsection (e)(1) of this section 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 shall
    have duly approved, recorded and transmitted the request; and provided
    further that there shall be a period of thirty (30) days after receipt by
    the appropriate authorities before the request be honored, within which
    period the governor of the sending state may disapprove the request for
    temporary custody or availability, either upon his own motion or upon
    motion of the prisoner.
    (2)  Upon receipt of the officer's written request as provided in
    paragraph (1) of this subsection, 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.
    (3)  In respect of any proceeding made possible by this paragraph, trial
    shall be commenced within one hundred twenty (120) 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.
    (4)  Nothing contained in this act shall be construed to deprive any
    prisoner of any right which he may have to contest the legality of his
    delivery as provided in paragraph (1) of this subsection, 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.
    (5)  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 subsection (e)(5) of this section, 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.
    (e) (1)  In response to a request made under subsections (c) or (d) of
    this section, 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 subsection (c) of this section. 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.
    (2)  The officer or other representative of a state accepting an offer of
    temporary custody shall present the following upon demand:
    (A)  Proper identification and evidence of his authority to act for the
         state into whose temporary custody the prisoner is to be given.
    (B)  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.
    (3)  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 subsections
    (c) or (d) of this section, 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.
    (4)  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 (1) 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
    his 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.
    (5)  At the earliest practicable time consonant with the purposes of this
    agreement, the prisoner shall be returned to the sending state.
    (6)  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.
    (7)  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.
    (8)  From the time that a party state receiving 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 (1)
    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 paragraph 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 payments of costs, or responsibilities therefor.
    (f) (1)  In determining the duration and expiration dates of the time
    periods provided in subsections (c) and (d) of this section, 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.
    (2)  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.
    (g)  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.
    (h)  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.
    (i)  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 state affected as to all severable matters.