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440.450 Interstate agreement on detainers.
The agreement on detainers is hereby enacted into law and entered into by the
Commonwealth of Kentucky with all other jurisdictions legally joining therein in the
form substantially as follows:
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:
(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 Article III hereof or at
the time that a request for custody or availability is initiated pursuant to Article IV
hereof.
(3)
"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
(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)
hereof shall be given or sent by the prisoner to the warden, secretary 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 certified mail, return
receipt requested.
(3)
The warden, secretary 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)
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, secretary 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)
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 (4)
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.
(6)
Escape from custody by the prisoner subsequent to his execution of the
request for final disposition referred to in paragraph (1) hereof shall void the request.
ARTICLE IV
(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 Article V(1) 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 (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)
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.
(3)
In respect of any proceeding made possible by this Article, 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 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 (1) 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.
(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 Article V(5) 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
(1)
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.
(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 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.
(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 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 (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
payment of costs, or responsibilities therefor.
ARTICLE VI
(1)
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.
(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.
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.
Effective:July 15, 1986
History: Amended 1986 Ky. Acts ch. 331, sec. 55, effective July 15, 1986. -Amended 1980 Ky. Acts ch. 114, sec. 106, effective July 15, 1980. -- Created
1974 Ky. Acts ch. 219, sec. 1.
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