217.490. Agreement on detainers adopted--compact text. - Missouri Statutes

Agreement on detainers adopted--compact text.

217.490. The "Agreement on Detainers" is hereby enacted intolaw and entered into with all jurisdictions legally joiningtherein, in the form substantially as follows:

AGREEMENT ON DETAINERS

ARTICLE I

The party states find that charges outstanding against aprisoner, detainers based on untried indictments, informations orcomplaints, and difficulties in securing speedy trial of personsalready incarcerated in other jurisdictions, produceuncertainties which obstruct programs of prisoner treatment andrehabilitation. Accordingly, it is the policy of the partystates and the purpose of this agreement to encourage theexpeditious and orderly disposition of such charges anddetermination of the proper status of any and all detainers basedon untried indictments, informations or complaints. The partystates also find that proceedings with reference to such chargesand detainers, when emanating from another jurisdiction, cannotproperly be had in the absence of cooperative procedures. It isthe further purpose of this agreement to provide such cooperativeprocedures.

ARTICLE II

As used in this agreement:

1. "State" means a state of the United States; the UnitedStates of America; a territory or possession of the UnitedStates; the District of Columbia; the commonwealth of PuertoRico.

2. "Sending state" means a state in which a prisoner isincarcerated at the time that he initiates a request for finaldisposition pursuant to article III of this agreement or at thetime that a request for custody or availability is initiatedpursuant to article IV hereof.

3. "Receiving state" means the state in which trial is to behad on an indictment, information or complaint pursuant toarticle III or article IV of this agreement.

ARTICLE III

1. Whenever a person has entered upon a term of imprisonmentin a penal or correctional institution of a party state, andwhenever during the continuance of the term of imprisonment thereis pending in any other party state any untried indictment,information or complaint on the basis of which a detainer hasbeen lodged against the prisoner, he shall be brought to trialwithin one hundred eighty days after he shall have caused to bedelivered to the prosecuting officer and the appropriate court ofthe prosecuting officer's jurisdiction written notice of theplace of his imprisonment and his request for a final dispositionto be made of the indictment, information or complaint; providedthat for good cause shown in open court, the prisoner or hiscounsel being present, the court having jurisdiction of thematter may grant any necessary or reasonable continuance. Therequest of the prisoner shall be accompanied by a certificate ofthe appropriate official having custody of the prisoner, statingthe term of commitment under which the prisoner is being held,the time already served, the time remaining to be served on thesentence, the amount of good time earned, the time of paroleeligibility of the prisoner, and any decisions of the stateparole agency relating to the prisoner.

2. The written notice and request for final dispositionreferred to in paragraph 1 of this article shall be given or sentby the prisoner to the warden, director of the division of adultinstitutions or other official having custody of him, who shallpromptly forward it together with the certificate to theappropriate prosecuting official and court by registered orcertified mail, return receipt requested.

3. The warden, director of the division of adultinstitutions or other official having custody of the prisonershall promptly inform him of the source and contents of anydetainer lodged against him and shall also inform him of hisright 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 prisonerpursuant to paragraph 1 of this article shall operate as arequest for final disposition of all untried indictments,informations or complaints on the basis of which detainers havebeen lodged against the prisoner from the state to whoseprosecuting official the request for final disposition isspecifically directed. The warden, director of the division ofadult institutions or other official having custody of theprisoner shall forthwith notify all appropriate prosecutingofficers and courts in the several jurisdictions within the stateto which the prisoner's request for final disposition is beingsent of the proceeding being initiated by the prisoner. Anynotification sent pursuant to this paragraph shall be accompaniedby copies of the prisoner's written notice, request, and thecertificate. If trial is not had on any indictment, informationor complaint contemplated hereby prior to the return of theprisoner to the original place of imprisonment, such indictment,information or complaint shall not be of any further force oreffect, and the court shall enter an order dismissing the samewith prejudice.

5. Any request for final disposition made by a prisonerpursuant to paragraph 1 of this article shall also be deemed tobe a waiver of extradition with respect to any charge orproceeding contemplated thereby or included therein by reason ofparagraph 4 of this article, and a waiver of extradition to thereceiving state to serve any sentence there imposed upon him,after completion of his term of imprisonment in the sendingstate. The request for final disposition shall also constitute aconsent by the prisoner to the production of his body in anycourt where his presence may be required in order to effectuatethe purposes of this agreement and a further consent voluntarilyto be returned to the original place of imprisonment inaccordance with the provisions of this agreement. Nothing inthis paragraph shall prevent the imposition of a concurrentsentence if otherwise permitted by law.

6. Escape from custody by the prisoner subsequent to hisexecution of the request for final disposition referred to inparagraph 1 of this article shall void the request.

ARTICLE IV

1. The appropriate officers of the jurisdiction in which anuntried indictment, information or complaint is pending shall beentitled to have a prisoner against whom he has lodged a detainerand who is serving a term of imprisonment in any party state madeavailable in accordance with paragraph 1 of article V of thisagreement upon presentation of a written request for temporarycustody or availability to the appropriate authorities of thestate in which the prisoner is incarcerated; provided that thecourt having jurisdiction of the indictment, information orcomplaint shall have duly approved, recorded and transmitted therequest; and provided further that there shall be a period ofthirty days after receipt by the appropriate authorities beforethe request be honored, within which period the governor of thesending state may disapprove the request for temporary custody oravailability, either upon his own motion or upon motion of theprisoner.

2. Upon receipt of the officer's written request as providedin paragraph 1 of this article, the appropriate authoritieshaving the prisoner in custody shall furnish the officer with acertificate stating the term of commitment under which theprisoner is being held, the time already served, the timeremaining to be served on the sentence, the amount of good timeearned, the time of parole eligibility of the prisoner, and anydecisions of the state parole agency relating to the prisoner.The authorities simultaneously shall furnish all other officersand appropriate courts in the receiving state who have lodgeddetainers against the prisoner with similar certificates and withnotices informing them of the request for custody or availabilityand of the reasons therefor.

3. In respect of any proceeding made possible by thisarticle, trial shall be commenced within one hundred twenty daysof the arrival of the prisoner in the receiving state, but forgood cause shown in open court, the prisoner or his counsel beingpresent, the court having jurisdiction of the matter may grantany necessary or reasonable continuance.

4. Nothing contained in this article shall be construed todeprive any prisoner of any right which he may have to contestthe legality of his delivery as provided in paragraph 1 of thisarticle, but such delivery may not be opposed or denied on theground that the executive authority of the sending state has notaffirmatively consented to or ordered such delivery.

5. If trial is not had on any indictment, information orcomplaint contemplated hereby prior to the prisoner's beingreturned to the original place of imprisonment pursuant toparagraph 5 of article V of this agreement, such indictment,information or complaint shall not be of any further force oreffect, and the court shall enter an order dismissing the samewith prejudice.

ARTICLE V

1. In response to a request made under article III orarticle IV of this agreement, the appropriate authority in asending state shall offer to deliver temporary custody of theprisoner to the appropriate authority in the state where theindictment, information or complaint is pending against theperson in order that speedy and efficient prosecution may be had.If the request for final disposition is made by the prisoner, theoffer of temporary custody shall accompany the written noticeprovided for in article III of this agreement. In the case of afederal prisoner, the appropriate authority in the receivingstate shall be entitled to temporary custody as provided by thisagreement or to the prisoner's presence in federal custody at theplace for trial, whichever custodial arrangement may be approvedby the custodian.

2. The officer or other representative of a state acceptingan offer of temporary custody shall present the following upondemand:

(1) Proper identification and evidence of his authority toact for the state into whose temporary custody the prisoner is tobe given; and

(2) A duly certified copy of the indictment, information orcomplaint on the basis of which the detainer has been lodged andon the basis of which the request for temporary custody of theprisoner has been made.

3. If the appropriate authority shall refuse or fail toaccept temporary custody of the person, or in the event that anaction on the indictment, information or complaint on the basisof which the detainer has been lodged is not brought to trialwithin the period provided in article III or article IV of thisagreement, the appropriate court of the jurisdiction where theindictment, information or complaint has been pending shall enteran order dismissing the same with prejudice, and any detainerbased thereon shall cease to be of any force or effect.

4. The temporary custody referred to in this agreement shallbe only for the purpose of permitting prosecution on the chargeor charges contained in one or more untried indictments,informations, or complaints which form the basis of the detaineror detainers or for prosecution on any other charge or chargesarising out of the same transaction. Except for his attendanceat court and while being transported to or from any place atwhich his presence may be required, the prisoner shall be held ina suitable jail or other facility regularly used for personsawaiting prosecution.

5. At the earliest practicable time consonant with thepurposes of this agreement, the prisoner shall be returned to thesending state.

6. During the continuance of temporary custody or while theprisoner is otherwise being made available for trial as requiredby this agreement, time being served on the sentence shallcontinue to run but good time shall be earned by the prisoneronly if, and to the extent that, the law and practice of thejurisdiction which imposed the sentence may allow.

7. For all purposes other than that for which temporarycustody as provided in this agreement is exercised, the prisonershall be deemed to remain in the custody of and subject to thejurisdiction of the sending state and any escape from temporarycustody may be dealt with in the same manner as an escape fromthe original place of imprisonment or in any other mannerpermitted by law.

8. From the time that a party state receives custody of aprisoner pursuant to this agreement until such prisoner isreturned to the territory and custody of the sending state, thestate in which the one or more untried indictments, informationsor complaints are pending or in which trial is being had shall beresponsible for the prisoner and shall also pay all costs oftransporting, caring for, keeping and returning the prisoner. Theprovisions of this paragraph shall govern unless the statesconcerned shall have entered into a supplementary agreementproviding for a different allocation of costs andresponsibilities as between or among themselves. Nothing hereincontained shall be construed to alter or affect any internalrelationship among the departments, agencies and officers of andin the government of a party state, or between a party state andits subdivisions, as to the payment of costs, or responsibilitiestherefor.

ARTICLE VI

1. In determining the duration and expiration dates of thetime periods provided in articles III and IV of this agreement,the running of the time periods shall be tolled whenever and foras long as the prisoner is unable to stand trial, as determinedby the court having jurisdiction of the matter.

2. No provisions of this agreement, and no remedy madeavailable by this agreement, shall apply to any person who isadjudged to be mentally ill.

ARTICLE VII

Each state party to this agreement shall designate an officerwho, acting jointly with like officers of other party states,shall promulgate rules and regulations to carry out moreeffectively the terms and provisions of this agreement, and whoshall provide, within and without the state, informationnecessary to the effective operation of this agreement.

ARTICLE VIII

This agreement shall enter into full force and effect as to aparty state when such state has enacted the same into law. Astate party to this agreement may withdraw herefrom by enacting astatute repealing the same. However, the withdrawal of any stateshall not affect the status of any proceedings already initiatedby inmates or by state officers at the time such withdrawal takeseffect, nor shall it affect their rights in respect thereof.

ARTICLE IX

This agreement shall be liberally construed so as toeffectuate its purposes. The provisions of this agreement shallbe severable and if any phrase, clause, sentence or provision ofthis agreement is declared to be contrary to the constitution ofany party state or of the United States or the applicabilitythereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this agreementshall be held contrary to the constitution of any state partyhereto, the agreement shall remain in full force and effect as tothe remaining states and in full force and effect as to the stateaffected as to all severable matters.

(L. 1982 H.B. 1196 § 86)

(1987) The 180-day limitation period imposed by subsection 1 of article III of this section does not commence until proper state authorities receive a request for final disposition of an outstanding detainer. State v. Walton, 734 S.W.2d 502 (Mo.banc).