N.Y. Criminal Procedure Law § 580.20: Agreement on detainers

§ 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.