2009 New Jersey Code
TITLE 2A - ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
Section 2A:159A
2A:159A-3 - Request for final disposition of pending indictment, information  or complaint;  certificate of officer having custody; procedure; failure to  commence trial;  dismissal;  waiver of extradition; escape

2A:159A-3.  Request for final disposition of pending indictment, information  or complaint;  certificate of officer having custody; procedure; failure to  commence trial;  dismissal;  waiver of extradition; escape
     ARTICLE III

     (a) 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 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.

    (b) The written notice and request for final disposition referred to in paragraph (a) hereof 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.

    (c) 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.

    (d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof 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.

    (e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof 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 (d) hereof, 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.

    (f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.

     L.1958, c. 12, p. 33, s. 1 (Art. III).