§ 580.20 Agreement on detainers.

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:

TEXT OF 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 correction 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 correction 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 correction 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 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 incarcerated individuals or by
state officers at the time such withdrawal takes effect, nor shall it
affect their rights in respect thereof.

ARTICLE IX

1. 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.

2. The phrase "appropriate court" as used in the agreement on
detainers shall, with reference to the courts of this state, mean any
court with criminal jurisdiction.

3. All courts, departments, agencies, officers and employees of this
state and its political subdivisions are hereby directed to enforce the
agreement on detainers and to cooperate with one another and with other
party states in enforcing the agreement and effectuating its purposes.

4. Escape from custody while in another state pursuant to the
agreement on detainers shall constitute an offense against the laws of
this state to the same extent and degree as an escape from the
institution in which the prisoner was confined immediately prior to
having been sent to another state pursuant to the provisions of the
agreement on detainers and shall be punishable in the same manner as an
escape from said institution.

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 incarcerated individual thereof whenever so
required by the operation of the agreement on detainers.

6. The governor is hereby authorized and empowered to designate an
administrator who shall perform the duties and functions and exercise
the powers conferred upon such person by Article VII of the agreement on
detainers.

7. In order to implement Article IV(a) of the agreement on detainers,
and in furtherance of its purposes, the appropriate authorities having
custody of the prisoner shall, promptly upon receipt of the officer's
written request, notify the prisoner and the governor in writing that a
request for temporary custody has been made and such notification shall
describe the source and contents of said request. The authorities
having custody of the prisoner shall also advise him in writing of his
rights to counsel, to make representations to the governor within thirty
days, and to contest the legality of his delivery.