2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 91 - Detainers and Extradition
9101 - Agreement on detainers.

                                CHAPTER 91
                        DETAINERS AND EXTRADITION

     Subchapter
        A.  Agreement on Detainers
        B.  Extradition of Persons Charged with Crime
        C.  Inter-County Detention
        D.  Exchange of Offenders Under Treaty

        Enactment.  Chapter 91 was added July 9, 1976, P.L.586,
     No.142, effective 60 days from the date of final enactment of
     the act of April 28, 1978 (P.L.202, No.53).

                               SUBCHAPTER A
                          AGREEMENT ON DETAINERS

     Sec.
     9101.  Agreement on detainers.
     9102.  Appropriate court.
     9103.  Enforcement and cooperation.
     9104.  Second and subsequent offenses.
     9105.  Escape.
     9106.  Duty of warden or other official.
     9107.  Administrator and information agent.
     9108.  Transmission of subchapter.
     § 9101.  Agreement on detainers.
        The Agreement on Detainers is hereby enacted into law and
     entered into by this Commonwealth with all other jurisdictions
     legally joining therein in the form substantially as follows:

                          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 procedure.
     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 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 purpose 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 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.
        (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 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.
        (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 held 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 purpose. 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.