§ 15A-761. Agreement on Detainers entered into; form and contents. - North Carolina Statutes

Article38.

Interstate Agreement onDetainers.

§ 15A‑761.  Agreement onDetainers entered into; form and contents.

This Agreement on Detainers ishereby enacted into law and  entered into by this State with all otherjurisdictions legally joining therein in the form substantially as follows: Thecontracting states solemnly agree:

Article I

The party states find thatcharges outstanding against a prisoner,  detainers based on untriedindictments, informations or complaints, and difficulties in securing speedytrial of persons already incarcerated in other jurisdictions, produceuncertainties which obstruct programs of prisoner treatment and rehabilitation.Accordingly, it is the policy of the party states and the purpose of thisagreement to encourage the expeditious and orderly disposition of such chargesand determination of the proper status of any and all detainers based onuntried indictments, informations or complaints. The party states also findthat proceedings with reference to such charges and detainers, when emanatingfrom another jurisdiction, cannot properly be had in the absence of cooperativeprocedures. It is the further purpose of this agreement to provide suchcooperative procedures.

Article II

As used in this agreement:

(a)        "State"shall mean a state of the United States; the United States of America; aterritory or possession of the United States; the District of Columbia; theCommonwealth of Puerto Rico.

(b         "Sendingstate" shall mean a state in which a prisoner is incarcerated at the timethat he initiates a request for final disposition pursuant to Article IIIhereof or at the time that a request for custody or availability is initiatedpursuant to Article IV hereof.

(c)        "Receivingstate" 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 personhas entered upon a term of imprisonment in a penal or correctional institutionof a party state, and whenever during the continuance of the term ofimprisonment there is pending in any other party state any untried indictment,information or complaint on the basis of which a detainer has been lodgedagainst the prisoner, he shall be brought to trial within 180 days after heshall have caused to be delivered to the prosecuting officer and theappropriate court of the prosecuting officer's jurisdiction written notice ofthe place of his imprisonment and his request for a final disposition to bemade of the indictment, information or complaint: Provided that for good causeshown in open court, the prisoner or his counsel being present, the courthaving jurisdiction of the matter may grant any necessary or reasonablecontinuance. The request of the prisoner shall be accompanied by a certificateof the appropriate official having custody of the prisoner, stating the term ofcommitment under which the prisoner is being held, the time already served, thetime 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 stateparole agency relating to the prisoner.

(b)        The written noticeand request for final disposition referred to in paragraph (a) hereof shall begiven or sent by the prisoner to the warden, commissioner of corrections orother official having custody of him, who shall promptly forward it togetherwith the certificate to the appropriate prosecuting official and court byregistered or certified mail, return receipt requested.

(c)        The warden, commissionerof corrections or other official having custody of the prisoner shall promptlyinform him of the source and contents of any detainer lodged against him andshall also inform him of his right to make a request for final disposition ofthe indictment, information or complaint on which the detainer is based.

(d)        Any request forfinal disposition made by a prisoner pursuant to paragraph (a) hereof shalloperate as a request for final disposition of all untried indictments,informations or complaints on  the basis of which detainers have been lodgedagainst the prisoner from the state to whose prosecuting official the requestfor final disposition is specifically directed. The warden, commissioner ofcorrections or other official having custody of the prisoner shall forthwithnotify all appropriate prosecuting officers and courts in the severaljurisdictions within the state to which the prisoner's request for finaldisposition is being sent of the proceeding being initiated by the prisoner.Any notification sent pursuant to this paragraph shall be accompanied by copiesof the prisoner's written notice, request and the certificate. If trial is nothad on any indictment, information or complaint contemplated hereby prior tothe return of the prisoner to the original place of imprisonment, suchindictment, information or complaint shall not be of any further force oreffect, and the court shall enter an order dismissing the same with prejudice.

(e)        Any request forfinal disposition made by a prisoner pursuant to paragraph (a) hereof shallalso be deemed to be a waiver of extradition with respect to any charge orproceeding contemplated thereby or included therein by reason of paragraph (d)hereof, and a waiver of extradition to the receiving state to serve anysentence there imposed upon him, after completion of his term of imprisonmentin the sending state. The request for final disposition shall also constitute aconsent by the prisoner to the production of his body in  any court where hispresence may be required in order to effectuate the purposes of this agreementand a further consent voluntarily to be returned to the original place ofimprisonment in accordance with the provisions of this agreement. Nothing inthis paragraph shall prevent the imposition of a concurrent sentence ifotherwise permitted by law.

(f)         Escape fromcustody by the prisoner subsequent to his execution of the request for finaldisposition referred to in paragraph (a) hereof shall void the request.

Article IV

(a)        The appropriate officerof the jurisdiction in which an untried indictment, information or complaint ispending shall be entitled to have a prisoner against whom he has lodged adetainer and who is serving a term of imprisonment in any party state madeavailable in accordance with Article V(a) hereof upon presentation of a writtenrequest for temporary custody or availability to the appropriate authorities ofthe state in which the prisoner is incarcerated: Provided that the court havingjurisdiction of such indictment, information or complaint shall have dulyapproved, recorded and transmitted the request: And provided further that thereshall be a period of 30 days after receipt by the appropriate authoritiesbefore  the request be honored, within which period the governor of the sendingstate may disapprove the request for temporary custody or availability, eitherupon his own motion or upon motion of the prisoner.

(b)        Upon receipt of theofficer's written request as provided in paragraph (a) hereof, the appropriateauthorities having the prisoner in custody shall furnish the officer with acertificate stating the term of commitment under which the prisoner is beingheld, 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. Saidauthorities simultaneously shall furnish all other officers and appropriatecourts in the receiving state who have lodged detainers against the prisonerwith similar certificates and with notices informing them of the request forcustody or availability and of the reasons therefor.

(c)        In respect of anyproceeding made possible by this Article, trial shall be commenced within 120days of the arrival of the prisoner in the receiving state, but for good causeshown in open court, the prisoner or his counsel being present, the courthaving jurisdiction of the matter may grant any necessary or reasonablecontinuance.

(d)        Nothing containedin this Article shall be construed to deprive any prisoner of any right whichhe 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 thatthe executive authority of the sending state has not affirmatively consented toor ordered such delivery.

(e)        If trial is not hadon any indictment, information or complaint contemplated hereby prior to theprisoner's being returned to the original place of imprisonment pursuant toArticle V(e) hereof, such indictment, information or complaint shall not be ofany further force or effect, and the court shall enter an order dismissing thesame with prejudice.

Article V

(a)        In response to arequest made under Article III or Article IV hereof, the appropriate authorityin a sending state shall offer to deliver temporary custody of such prisoner tothe appropriate authority in the state where such indictment, information orcomplaint is pending against such person in order that speedy and efficientprosecution may be had. If the request for final disposition is made by theprisoner, the offer of temporary custody shall accompany the written noticeprovided for in Article III of this agreement. In the case of a federalprisoner, the appropriate authority in the receiving state shall be entitled totemporary custody as provided by this agreement or to the prisoner's presencein federal custody at the place for trial, whichever custodial arrangement maybe approved by the custodian.

(b)        The officer orother representative of a state accepting an offer of temporary custody shallpresent the following upon demand:

(1)        Properidentification and evidence of his authority to act for  the state into whosetemporary custody the prisoner is to be  given.

(2)        A duly certifiedcopy of the indictment, information or complaint on the basis of which thedetainer has been lodged  and on the basis of which the request for temporarycustody of the prisoner has been made.

(c)        If the appropriateauthority shall refuse or fail to accept temporary custody of said person, orin the event that an action on the indictment, information or complaint on thebasis of which the detainer has been lodged is not brought to trial within theperiod provided in Article III or Article IV hereof, the appropriate court ofthe jurisdiction where the indictment, information or complaint has beenpending shall enter an order dismissing the same with prejudice, and anydetainer based thereon shall cease to be of any force or effect.

(d)        The temporarycustody referred to in this agreement shall be only for the purpose ofpermitting prosecution on the charge or charges contained in one or moreuntried indictments, informations or complaints which form the basis of thedetainer or detainers or for prosecution on any other charge or charges arisingout of the same transaction. Except for his attendance at court and while beingtransported to or from any place at which his presence may be required, theprisoner shall be held in a suitable jail or other facility regularly used forpersons awaiting prosecution.

(e)        At the earliestpracticable time consonant with the purposes of this agreement, the prisonershall be returned to the sending state.

(f)         During thecontinuance of temporary custody or while the prisoner is otherwise being madeavailable for trial as required by this agreement, time being served on thesentence shall continue to run but good time shall be earned by the prisoneronly if, and to the  extent that, the law and practice of the jurisdictionwhich imposed the sentence may allow.

(g)        For all purposesother than that for which temporary custody as provided in this agreement isexercised, the prisoner shall be deemed to remain in the custody of and subjectto the jurisdiction of the sending state and any escape from temporary custodymay be dealt with in the same manner as an escape from the original place ofimprisonment or in any other manner permitted by law.

(h)        From the time thata party state receives custody of a prisoner pursuant to this agreement untilsuch prisoner is returned to the territory and custody of the sending state,the state in which the one or more untried indictments, informations orcomplaints are pending or in which trial is being had shall be responsible forthe prisoner and shall also pay all costs of transporting, caring for, keepingand returning the prisoner. The provisions of this paragraph shall governunless the states concerned shall have entered into a supplementary agreementproviding for a different allocation of costs and responsibilities as betweenor among themselves. Nothing herein contained shall be construed to alter oraffect any internal relationship among the departments, agencies and officersof and in the government of a party state, or between a party state and itssubdivisions, as to the payment of costs, or responsibilities therefor.

Article VI

(a)        In determining theduration and expiration dates of the time periods provided in Articles III andIV of this agreement, the running of said time periods shall be tolled wheneverand for as long as the prisoner is unable to stand trial, as determined by thecourt having jurisdiction of the matter.

(b)        No provision ofthis agreement, and no remedy made available by this agreement, shall apply toany person who is adjudged to be mentally ill.

Article VII

Each state party to thisagreement shall designate an officer who,  acting jointly with like officers ofother party states, shall promulgate rules and regulations to carry out moreeffectively the terms and provisions of this agreement, and who shall provide,within and without the state, information necessary to the effective operationof this agreement.

Article VIII

This agreement shall enterinto full force and effect as to a party state when such state has enacted thesame into law. A state party to this agreement may withdraw herefrom byenacting a statute repealing the same. However, the withdrawal of any stateshall not affect the status of any proceedings already initiated by inmates orby state officers at the time such withdrawal takes effect, nor shall it affecttheir rights in respect thereof.

Article IX

This agreement shall beliberally construed so as to effectuate its purposes. The provisions of thisagreement shall be severable and if any phrase, clause, sentence or provisionof this agreement is declared to be contrary to the constitution of any partystate or of the United States or the applicability thereof to any government,agency, person or circumstance is held invalid, the validity of the remainderof this agreement and the applicability thereof to any government, agency,person or circumstance shall not be affected thereby. If this agreement shallbe held contrary to the constitution  of any state party hereto, the agreementshall remain in full force and effect as to the remaining states and in fullforce and effect as  to the state affected as to all severable matters. (1965, c. 295, s. 1; 1973, c.1286, s. 22.)