{"data":{"id":"us-ky/krs-440.450","jurisdiction":"us-ky","citation":"KRS 440.450","heading":"Interstate agreement on detainers.","body":"The agreement on detainers is hereby enacted into law and entered into by the\nCommonwealth of Kentucky with all other jurisdictions legally joining therein in the\nform substantially as follows:\nThe contracting states solemnly agree that:\nARTICLE I\nThe party states find that charges outstanding against a prisoner, detainers based on\nuntried indictments, informations or complaints, and difficulties in securing speedy trial\nof persons already incarcerate d in other jurisdictions, produce uncertainties which\nobstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of\nthe party states and the purpose of this agreement to encourage the expeditious and\norderly disposition of su ch charges and determination of the proper status of any and all\ndetainers based on untried indictments, informations or complaints. The party states also\nfind that proceedings with reference to such charges and detainers, when emanating from\nanother jurisdiction, cannot properly be had in the absence of cooperative procedures. It is\nthe further purpose of this agreement to provide such cooperative procedures.\nARTICLE II\nAs used in this agreement:\n(1) \"State\" shall mean a state of the United States; the United States of America; a\nterritory or possession of the United States; the District of Columbia; the Commonwealth\nof Puerto Rico.\n(2) \"Sending state\" shall mean a state in which a prisoner is incarc erated at the\ntime that he initiates a request for final disposition pursuant to Article III hereof or at the\ntime that a request for custody or availability is initiated pursuant to Article IV hereof.\n(3) \"Receiving state\" shall mean the state in which t rial is to be had on an\nindictment, information or complaint pursuant to Article III or Article IV hereof.\nARTICLE III\n(1) Whenever a person has entered upon a term of imprisonment in a penal or\ncorrectional institution of a party state, and whenever during the continuance of the term\nof imprisonment there is pending in any other party state any untried indictment,\ninformation or complaint on the basis of which a detainer has been lodged against the\nprisoner, he shall be brought to trial within one hundred eighty (180) days after he shall\nhave caused to be delivered to the prosecuting officer and the appropriate court of the\nprosecuting officer's jurisdiction written notice of the place of his imprisonme nt and his\nrequest for a final disposition to be made of the indictment, information or complaint:\nprovided that for good cause shown in open court, the prisoner or his counsel being\npresent, the court having jurisdiction of the matter may grant any necess ary or reasonable\ncontinuance. The request of the prisoner shall be accompanied by a certificate of the\nappropriate official having custody of the prisoner, stating the term of commitment under\nwhich the prisoner is being held, the time already served, the  time remaining to be served\non the sentence, the amount of good time earned, the time of parole eligibility of the\nprisoner, and any decisions of the state parole agency relating to the prisoner.\n(2) The written notice and request for final disposition referred to in paragraph (1)\nhereof shall be given or sent by the prisoner to the warden, secretary of corrections or\nother official having custody of him, who shall promptly forward it together with the\ncertificate to the appropriate prosecuting official and court by certified mail, return receipt\nrequested.\n(3) The warden, secretary of corrections or other official having custody of the\nprisoner shall promptly inform him of the source and contents of any detainer lodged\nagainst him and shall also inform h im of his right to make a request for final disposition\nof the indictment, information or complaint on which the detainer is based.\n(4) Any request for final disposition made by a prisoner pursuant to paragraph (1)\nhereof shall operate as a request for fi nal disposition of all untried indictments,\ninformations or complaints on the basis of which detainers have been lodged against the\nprisoner from the state to whose prosecuting official the request for final disposition is\nspecifically directed. The warden, secretary of corrections or other official having custody\nof the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the\nseveral jurisdictions within the state to which the prisoner's request for final disposition is\nbeing sent of the proceeding being initiated by the prisoner. Any notification sent\npursuant to this paragraph shall be accompanied by copies of the prisoner's written notice,\nrequest, and the certificate. If trial is not had on any indictment, information or co mplaint\ncontemplated hereby prior to the return of the prisoner to the original place of\nimprisonment, such indictment, information or complaint shall not be of any further force\nor effect, and the court shall enter an order dismissing the same with prejudice.\n(5) Any request for final disposition made by a prisoner pursuant to paragraph (1)\nhereof shall also be deemed to be a waiver of extradition with respect to any charge or\nproceeding contemplated thereby or included therein by reason of paragraph (4) hereof,\nand a wa iver of extradition to the receiving state to serve any sentence there imposed\nupon him, after completion of his term of imprisonment in the sending state. The request\nfor final disposition shall also constitute a consent by the prisoner to the production of his\nbody in any court where his presence may be required in order to effectuate the purposes\nof this agreement and a further consent voluntarily to be returned to the original place of\nimprisonment in accordance with the provisions of this agreement. No thing in this\nparagraph shall prevent the imposition of a concurrent sentence if otherwise permitted by\nlaw.\n(6) Escape from custody by the prisoner subsequent to his execution of the\nrequest for final disposition referred to in paragraph (1) hereof shall void the request.\nARTICLE IV\n(1) The appropriate officer of the jurisdiction in which an untried indictment,\ninformation or complaint is pending shall be entitled to have a prisoner against whom he\nhas lodged a detainer and who is serving a term of imprisonment in any party state made\navailable in accordance with Article V(1) hereof upon presentation of a written request\nfor temporary custody or availability to the appropriate authorities of the state  in which\nthe prisoner is incarcerated: provided that the court having jurisdiction of such\nindictment, information or complaint shall have duly approved, recorded and transmitted\nthe request: and provided further that there shall be a period of thirty (30 ) days after\nreceipt by the appropriate authorities before the request be honored, within which period\nthe governor of the sending state may disapprove the request for temporary custody or\navailability, either upon his own motion or upon motion of the prisoner.\n(2) Upon receipt of the officer's written request as provided in paragraph (1)\nhereof, the appropriate authorities having the prisoner in custody shall furnish the officer\nwith a certificate stating the term of commitment under which the prisoner is  being held,\nthe time already served, the time remaining to be served on the sentence, the amount of\ngood time earned, the time of parole eligibility of the prisoner, and any decisions of the\nstate parole agency relating to the prisoner. Said authorities s imultaneously shall furnish\nall other officers and appropriate courts in the receiving state who have lodged detainers\nagainst the prisoner with similar certificates and with notices informing them of the\nrequest for custody or availability and of the reasons therefor.\n(3) In respect of any proceeding made possible by this Article, trial shall be\ncommenced within one hundred twenty (120) days of the arrival of the prisoner in the\nreceiving state, but for good cause shown in open court, the prisoner or his counsel being\npresent, the court having jurisdiction of the matter may grant any necessary or reasonable\ncontinuance.\n(4) Nothing contained in this Article shall be construed to deprive any prisoner of\nany right which he may have to contest the legality o f his delivery as provided in\nparagraph (1) hereof, but such delivery may not be opposed or denied on the ground that\nthe executive authority of the sending state has not affirmatively consented to or ordered\nsuch delivery.\n(5) If trial is not had on any indictment, information or complaint contemplated\nhereby prior to the prisoner's being returned to the original place of imprisonment\npursuant to Article V(5) hereof, such indictment, information or complaint shall not be of\nany further force or effect, an d the court shall enter an order dismissing the same with\nprejudice.\nARTICLE V\n(1) In response to a request made under Article III or Article IV hereof, the\nappropriate authority in a sending state shall offer to deliver temporary custody of such\nprisoner to the appropriate authority in the state where such indictment, information or\ncomplaint is pending against such person in order that speedy and efficient prosecution\nmay be had. If the request for  final disposition is made by the prisoner, the offer of\ntemporary custody shall accompany the written notice provided for in Article III of this\nagreement. In the case of a federal prisoner, the appropriate authority in the receiving\nstate shall be entitl ed to temporary custody as provided by this agreement or to the\nprisoner's presence in federal custody at the place for trial, whichever custodial\narrangement may be approved by the custodian.\n(2) The officer or other representative of a state accepting a n offer of temporary\ncustody shall present the following upon demand:\n(a) Proper identification and evidence of his authority to act for the state into\nwhose temporary custody the prisoner is to be given.\n(b) A duly certified copy of the indictment, info rmation or complaint on the basis\nof which the detainer has been lodged and on the basis of which the request for temporary\ncustody of the prisoner has been made.\n(3) If the appropriate authority shall refuse or fail to accept temporary custody of\nsaid person, or in the event that an action on the indictment, information or complaint on\nthe basis of which the detainer has been lodged is not brought to trial within the period\nprovided in Article III or Article IV hereof, the appropriate court of the jurisdiction where\nthe indictment, information or complaint has been pending shall enter an order dismissing\nthe same with prejudice, and any detainer based thereon shall cease to be of any force or\neffect.\n(4) The temporary custody referred to in this agreement  shall be only for the\npurpose of permitting prosecution on the charge or charges contained in one (1) or more\nuntried indictments, informations or complaints which form the basis of the detainer or\ndetainers or for prosecution on any other charge or charg es arising out of the same\ntransaction. Except for his attendance at court and while being transported to or from any\nplace at which his presence may be required, the prisoner shall be held in a suitable jail or\nother facility regularly used for persons awaiting prosecution.\n(5) At the earliest practicable time consonant with the purposes of this agreement,\nthe prisoner shall be returned to the sending state.\n(6) During the continuance of temporary custody or while the prisoner is\notherwise being made available for trial as required by this agreement, time being served\non the sentence shall continue to run but good time shall be earned by the prisoner only if,\nand to the extent that, the law and practice of the jurisdiction which imposed the sentence\nmay allow.\n(7) For all purposes other than that for which temporary custody as provided in\nthis agreement is exercised, the prisoner shall be deemed to remain in the custody of and\nsubject to the jurisdiction of the sending state and any escape from temporary custody\nmay be dealt with in the same manner as an escape from the original place of\nimprisonment or in any other manner permitted by law.\n(8) From the time that a party state receives custody of a prisoner pursuant to this\nagreement until such prisoner is returned to the territory and custody of the sending state,\nthe state in which the one (1) or more untried indictments, informations or complaints are\npending or in which trial is being had shall be responsible for the prisoner and shall also\npay all cos ts of transporting, caring for, keeping and returning the prisoner. The\nprovisions of this paragraph shall govern unless the states concerned shall have entered\ninto a supplementary agreement providing for a different allocation of costs and\nresponsibilities as between or among themselves. Nothing herein contained shall be\nconstrued to alter or affect any internal relationship among the departments, agencies and\nofficers of and in the government of a party state, or between a party state and its\nsubdivisions, as to the payment of costs, or responsibilities therefor.\nARTICLE VI\n(1) In determining the duration and expiration dates of the time periods provided\nin Articles III and IV of this agreement, th e running of said time periods shall be tolled\nwhenever and for as long as the prisoner is unable to stand trial, as determined by the\ncourt having jurisdiction of the matter.\n(2) No provision of this agreement, and no remedy made available by this\nagreement, shall apply to any person who is adjudged to be mentally ill.\nARTICLE VII\nEach state party to this agreement shall designate an officer who, acting jointly with\nlike officers of other party states, shall promulgate rules and regulations to carry out more\neffectively the terms and provisions of this agreement, and who shall provide, within and\nwithout the state, information necessary to the effective operation of this agreement.\nARTICLE VIII\nThis agreement shall enter into full force and effect as to a party state when such\nstate has enacted the same into law. A state party to this agreement may withdraw\nherefrom by enacting a statute repeal ing the same. However, the withdrawal of any state\nshall not affect the status of any proceedings already initiated by inmates or by state\nofficers at the time such withdrawal takes effect, nor shall it affect their rights in respect\nthereof.\nARTICLE IX\nThis agreement shall be liberally construed so as to effectuate its purposes. The\nprovisions of this agreement shall be severable and if any phrase, clause, sentence or\nprovision of this agreement is declared to be contrary to the constitution of any party state\nor of the United States or the applicability thereof to any government, agency, person or\ncircumstance is held invalid, the validity of the remainder of this agreement and the\napplicability ther eof to any government, agency, person or circumstance shall not be\naffected thereby. If this agreement shall be held contrary to the constitution of any state\nparty hereto, the agreement shall remain in full force and effect as to the remaining states\nand in full force and effect as to the state affected as to all severable matters.","path":["KRS Chapter 440"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19263","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:54Z","sha256":"59d45e1fca567d22949fda74736c7a8463847bc18e5070ddffa54f2b295511a4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-440.420","next":"us-ky/krs-440.455"},"notice":"GroundRules: Original legal text. Not legal advice."}