2009 California Penal Code - Section 1389-1389.8 :: Chapter 8.5. Agreement On Detainers

PENAL CODE
SECTION 1389-1389.8

1389.  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:

                             The Agreement on Detainers

   The contracting states solemnly agree that:

                                     Article I

   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.

                                     Article II

   As used in this agreement:
   (a) "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.
   (b) "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 Article III hereof or at the time that a
request for custody or availability is initiated pursuant to Article
IV hereof.
   (c) "Receiving state" shall mean the state in which trial is to be
had on an indictment, information or complaint pursuant to Article
III or Article IV hereof.

                                    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 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. 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.

                                     Article IV

   (a) 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 Article V (a) hereof 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 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.
   (b) Upon receipt of the officer's written request as provided in
paragraph (a) hereof, 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.
   (c) In respect of any proceeding made possible by this Article,
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.
   (d) Nothing contained in this Article 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 (a) hereof, 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.
   (e) 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 Article V (e)
hereof, 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.

                                     Article V

   (a) In response to a request made under Article III or Article IV
hereof, 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 Article III of
this agreement. 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.
   (b) 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.
   (c) 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 Article III or Article IV hereof, 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.
   (d) 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 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.
   (e) At the earliest practicable time consonant with the purposes
of this agreement, the prisoner shall be returned to the sending
state.
   (f) 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.
   (g) 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.
   (h) 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 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 payment of costs, or responsibilities
therefor.

                                     Article VI

   (a) In determining the duration and expiration dates of the time
periods provided in Articles III and IV of this agreement, 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.
   (b) 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.

                                    Article VII

   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.

                                    Article VIII

   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.

                                     Article IX

   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.

1389.1.  The phrase "appropriate court" as used in the agreement on
detainers shall, with reference to the courts of this State, means
the court in which the indictment, information, or complaint is
filed.

1389.2.  All courts, departments, agencies, officers, and employees
of this State and its political subdivisions are hereby directed to
enforce the agreement on detainer and to co-operate with one another
and with other states in enforcing the agreement and effectuating its
purpose.

1389.4.  Every person who has been imprisoned in a prison or
institution in this State and who escapes while in the custody of an
officer of this or another state in another state pursuant to the
agreement on detainers is deemed to have violated Section 4530 and is
punishable as provided therein.

1389.5.  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 detainer. Such official
shall inform such inmate of his rights provided in paragraph (a) of
Article IV of the Agreement on Detainers in Section 1389 of this
code.

1389.6.  The Administrator, Interstate Probation and Parole
Compacts, shall administer this agreement.

1389.7.  When, pursuant to the agreement on detainers or other
provision of law, a person in actual confinement under sentence of
another jurisdiction is brought before a California court and
sentenced by the judge to serve a California sentence concurrently
with the sentence of the other jurisdiction or has been transferred
to another jurisdiction for concurrent service of previously imposed
sentences, the Board of Prison Terms, and the panels and members
thereof, may meet in such other jurisdiction, or enter into
cooperative arrangements with corresponding agencies in the other
jurisdiction, as necessary to carry out the term-fixing and parole
functions.

1389.8.  It shall be the responsibility of the agent of the
receiving state to return the prisoner to the sending state upon
completion of the proceedings.

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