{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1347","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1347","heading":"Interstate Agreement on Detainers","body":"The Interstate Agreement on Detainers is hereby enacted into law\n\nand entered into by this state with all jurisdictions legally\n\njoining in substantially the following form:\n\n\"The contracting states solemnly agree that:\n\nArticle I\n\nThe party states find that charges outstanding against a\n\nprisoner, detainers based on untried indictments, informations or\n\ncomplaints and difficulties in securing speedy trial of persons\n\nalready incarcerated in other jurisdictions, produce uncertainties\n\nwhich obstruct programs of prisoner treatment and rehabilitation.\n\nAccordingly, it is the policy of the party states and the purpose of\n\nthis agreement to encourage the expeditious and orderly disposition\n\nof such charges and determination of the proper status of any and\n\nall detainers based on untried indictments, informations or\n\ncomplaints. The party states also find that proceedings with\n\nreference to such charges and detainers, when emanating from another\n\njurisdiction, cannot properly be had in the absence of cooperative\n\nprocedures. It is the further purpose of this agreement to provide\n\nsuch cooperative procedures.\n\nArticle II\n\nAs used in this agreement:\n\n(a) \"State\" shall mean a state of the United States; the United\n\nStates of America; a territory or possession of the United States;\n\nthe District of Columbia; the Commonwealth of Puerto Rico.\n\n(b) \"Sending state\" shall mean a state in which a prisoner is\n\nincarcerated at the time that he initiates a request for final\n\ndisposition pursuant to Article III hereof or at the time that a\n\nrequest for custody or availability is initiated pursuant to Article\n\nIV hereof.\n\n(c) \"Receiving state\" shall mean the state in which trial is to\n\nbe had on an indictment, information or complaint pursuant to\n\nArticle III or Article IV hereof.\n\nArticle III\n\n(a) Whenever a person has entered upon a term of imprisonment\n\nin a penal or correctional institution of a party state, and\n\nwhenever during the continuance of the term of imprisonment there is\n\npending in any other party state any untried indictment, information\n\nor complaint on the basis of which a detainer has been lodged\n\nagainst the prisoner, he shall be brought to trial within one\n\nhundred eighty (180) days after he shall have caused to be delivered\n\nto the prosecuting officer and the appropriate court of the\n\nprosecuting officer's jurisdiction written notice of the place of\n\nhis imprisonment and his request for final disposition to be made of\n\nthe indictment, information or complaint; provided, that, for good\n\ncause shown in open court, the prisoner or his counsel being\n\npresent, the court having jurisdiction of the matter may grant any\n\nnecessary or reasonable continuance. The request of the prisoner\n\nshall be accompanied by a certificate of the appropriate official\n\nhaving custody of the prisoner, stating the term of commitment under\n\nwhich the prisoner is being held, the time already served, the time\n\nremaining to be served on the sentence, the amount of good time\n\nearned, the time of parole eligibility of the prisoner and any\n\ndecision of the state parole agency relating to the prisoner.\n\n(b) The written notice and request for final disposition\n\nreferred to in paragraph (a) hereof shall be given or sent by the\n\nprisoner to the warden, commissioner of corrections or any other\n\nofficial having custody of him, who shall promptly forward it\n\ntogether with the certificate to the appropriate prosecuting\n\nofficial and court by registered or certified mail, return receipt\n\nrequested.\n\n(c) The warden, commissioner of corrections or other official\n\nhaving custody of the prisoner shall promptly inform him of the\n\nsource and contents of any detainer lodged against him and shall\n\nalso inform him of his right to make a request for final disposition\n\nof the indictment, information or complaint on which the detainer is\n\nbased.\ny registered or certified mail, return receipt\n\nrequested.\n\n(c) The warden, commissioner of corrections or other official\n\nhaving custody of the prisoner shall promptly inform him of the\n\nsource and contents of any detainer lodged against him and shall\n\nalso inform him of his right to make a request for final disposition\n\nof the indictment, information or complaint on which the detainer is\n\nbased.\n\n(d) Any request for final disposition made by a prisoner\n\npursuant to paragraph (a) hereof shall operate as a request for\n\nfinal disposition of all untried indictments, informations or\n\ncomplaints on the basis of which detainers have been lodged against\n\nthe prisoner from the state to whose prosecuting official the\n\nrequest for final disposition is specifically directed. The warden,\n\ncommissioner of corrections or other official having custody of the\n\nprisoner shall forthwith notify all appropriate prosecuting officers\n\nand courts in the several jurisdictions within the state to which\n\nthe prisoner's request for final disposition is being sent of the\n\nproceeding being initiated by the prisoner. Any notification sent\n\npursuant to this paragraph shall be accompanied by copies of the\n\nprisoner's written notice, request and the certificate. If trial is\n\nnot had on any indictment, information or complaint contemplated\n\nhereby prior to the return of the prisoner to the original place of\n\nimprisonment, such indictment, information or complaint shall not be\n\nof any further force or effect, and the court shall enter an order\n\ndismissing the same with prejudice.\n\n(e) Any request for final disposition made by a prisoner\n\npursuant to paragraph (a) hereof shall also be deemed to be a waiver\n\nof extradition with respect to any charge or proceeding contemplated\n\nthereby or included therein by reason of paragraph (d) hereof, and a\n\nwaiver of extradition to the receiving state to serve any sentence\n\nthere imposed upon him, after completion of his term of imprisonment\n\nin the sending state. The request for final disposition shall also\n\nconstitute a consent by the prisoner to the production of his body\n\nin any court where his presence may be required in order to\n\neffectuate the purposes of this agreement and a further consent\n\nvoluntarily to be returned to the original place of imprisonment in\n\naccordance with the provisions of this agreement. Nothing in this\n\nparagraph shall prevent the imposition of a concurrent sentence if\n\notherwise permitted by law.\n\n(f) Escape from custody by the prisoner subsequent to his\n\nexecution of the request for final disposition referred to in\n\nparagraph (a) hereof shall void the request.\n\nArticle IV\n\n(a) The appropriate officer of the jurisdiction in which an\n\nuntried indictment, information or complaint is pending shall be\n\nentitled to have a prisoner against whom he has lodged a detainer\n\nand who is serving a term of imprisonment in any party state made\n\navailable in accordance with Article V (a) hereof upon presentation\n\nof a written request for temporary custody or availability to the\n\nappropriate authorities of the state in which the prisoner is\n\nincarcerated; provided, that the court having jurisdiction of such\n\nindictment, information or complaint shall have duly approved,\n\nrecorded and transmitted the request; and provided further, that\n\nthere shall be a period of thirty (30) days after receipt by the\n\nappropriate authorities before the request be honored, within which\n\nperiod the Governor of the sending state may disapprove the request\n\nfor temporary custody or availability, either upon his own motion or\n\nupon motion of the prisoner.\naint shall have duly approved,\n\nrecorded and transmitted the request; and provided further, that\n\nthere shall be a period of thirty (30) days after receipt by the\n\nappropriate authorities before the request be honored, within which\n\nperiod the Governor of the sending state may disapprove the request\n\nfor temporary custody or availability, either upon his own motion or\n\nupon motion of the prisoner.\n\n(b) Upon request of the officer's written request as provided\n\nin paragraph (a) hereof, the appropriate authorities having the\n\nprisoner in custody shall furnish the officer with a certificate\n\nstating the term of commitment under which the prisoner is being\n\nheld, the time already served, the time remaining to be served on\n\nthe sentence, the amount of good time earned, the time of parole\n\neligibility of the prisoner and any decisions of the state parole\n\nagency relating to the prisoner. Said authorities simultaneously\n\nshall furnish all other officers and appropriate courts in the\n\nreceiving state who has lodged detainers against the prisoner with\n\nsimilar certificates and with notices informing them of the request\n\nfor custody or availability and of the reasons therefor.\n\n(c) In respect of any proceeding made possible by this article,\n\ntrial shall be commenced within one hundred twenty (120) days of the\n\narrival of the prisoner in the receiving state, but for good cause\n\nshown in open court, the prisoner or his counsel being present, the\n\ncourt having jurisdiction of the matter may grant any necessary or\n\nreasonable continuance.\n\n(d) Nothing contained in this article shall be construed to\n\ndeprive any prisoner of any right which he may have to contest the\n\nlegality of his delivery as provided in paragraph (a) hereof, but\n\nsuch delivery may not be opposed or denied on the ground that the\n\nexecutive authority of the sending state has not affirmatively\n\nconsented to or ordered such delivery.\n\n(e) If trial is not had on any indictment, information or\n\ncomplaint contemplated hereby prior to the prisoner's being returned\n\nto the original place of imprisonment pursuant to Article V (e)\n\nhereof, such indictment, information or complaint shall not be of\n\nany further force or effect, and the court shall enter an order\n\ndismissing the same with prejudice.\n\nArticle V\n\n(a) In response to a request made under Article III or Article\n\nIV hereof, the appropriate authority in a sending state shall offer\n\nto deliver temporary custody of such prisoner to the appropriate\n\nauthority in the state where such indictment, information or\n\ncomplaint is pending against such person in order that speedy and\n\nefficient prosecution may be had. If the request for final\n\ndisposition is made by the prisoner, the offer of temporary custody\n\nshall accompany the written notice provided for in Article III of\n\nthis agreement. In the case of a federal prisoner, the appropriate\n\nauthority in the receiving state shall be entitled to temporary\n\ncustody as provided by this agreement or to the prisoner's presence\n\nin federal custody at the place of trial, whichever custodial\n\narrangement may be approved by the custodian.\n\n(b) The officer or other representative of a state accepting an\n\noffer of temporary custody shall present the following upon demand:\n\n(1) Proper identification and evidence of his authority to act\n\nfor the state into whose temporary custody this prisoner is to be\n\ngiven.\n\n(2) A duly certified copy of the indictment, information or\n\ncomplaint on the basis of which the detainer has been lodged and on\n\nthe basis of which the request for temporary custody of the prisoner\n\nhas been made.\n\ndentification and evidence of his authority to act\n\nfor the state into whose temporary custody this prisoner is to be\n\ngiven.\n\n(2) A duly certified copy of the indictment, information or\n\ncomplaint on the basis of which the detainer has been lodged and on\n\nthe basis of which the request for temporary custody of the prisoner\n\nhas been made.\n\n(c) If the appropriate authority shall refuse or fail to accept\n\ntemporary custody of said person, or in the event that an action on\n\nthe indictment, information or complaint on the basis of which the\n\ndetainer has been lodged is not brought to trial within the period\n\nprovided in Article III or Article IV hereof, the appropriate court\n\nof the jurisdiction where the indictment, information or complaint\n\nhas been pending shall enter an order dismissing the same with\n\nprejudice, and any detainer based thereon shall cease to be of any\n\nforce or effect.\n\n(d) The temporary custody referred to in this agreement shall\n\nbe only for the purpose of permitting prosecution on the charge or\n\ncharges contained in one or more untried indictments, informations\n\nor complaints which form the basis of the detainer or detainers or\n\nfor prosecution on any other charge or charges arising out of the\n\nsame transaction. Except for his attendance at court and while\n\nbeing transported to or from any place at which his presence may be\n\nrequired, the prisoner shall be held in a suitable jail or other\n\nfacility regularly used for persons awaiting prosecution.\n\n(e) At the earliest practicable time consonant with the\n\npurposes of this agreement, the prisoner shall be returned to the\n\nsending state.\n\n(f) During the continuance of temporary custody or while the\n\nprisoner is otherwise being made available for trial as required by\n\nthis agreement, time being served on the sentence shall continue to\n\nrun but good time shall be earned by the prisoner only if, and to\n\nthe extent that, the law and practice of the jurisdiction which\n\nimposed the sentence may allow.\n\n(g) For all purposes other than that for which temporary\n\ncustody as provided in this agreement is exercised, the prisoner\n\nshall be deemed to remain in the custody of and subject to the\n\njurisdiction of the sending state and any escape from temporary\n\ncustody may be dealt with in the same manner as an escape from the\n\noriginal place of imprisonment or in any other manner permitted by\n\nlaw.\n\n(h) From the time that a party state receives custody of a\n\nprisoner pursuant to this agreement until such prisoner is returned\n\nto the territory and custody of the sending state, the state in\n\nwhich the one or more untried indictments, informations or\n\ncomplaints are pending or in which trial is being had shall be\n\nresponsible for the prisoner and shall also pay all costs of\n\ntransporting, caring for, keeping and returning the prisoner. The\n\nprovisions of this paragraph shall govern unless the states\n\nconcerned shall have entered into a supplementary agreement\n\nproviding for a different allocation of costs and responsibilities\n\nas between or among themselves. Nothing herein contained shall be\n\nconstrued to alter or affect any internal relationship among the\n\ndepartments, agencies and officers of and in the government of a\n\nparty state, or between a party state and its subdivisions, as to\n\nthe payment of costs, or responsibilities therefor.\n\nArticle VI\n\n(a) In determining the duration and expiration dates of the\n\ntime periods provided in Articles III and IV of this agreement, the\n\nrunning of said time periods shall be tolled whenever and for as\n\nlong as the prisoner is unable to stand trial, as determined by the\n\ncourt having jurisdiction of the matter.\nand its subdivisions, as to\n\nthe payment of costs, or responsibilities therefor.\n\nArticle VI\n\n(a) In determining the duration and expiration dates of the\n\ntime periods provided in Articles III and IV of this agreement, the\n\nrunning of said time periods shall be tolled whenever and for as\n\nlong as the prisoner is unable to stand trial, as determined by the\n\ncourt having jurisdiction of the matter.\n\n(b) No provision of this agreement, and no remedy made\n\navailable by this agreement shall apply to any person who is\n\nadjudged to be mentally ill.\n\nArticle VII\n\nEach state party to this agreement shall designate an officer\n\nwho, acting jointly with like officers of other party states, shall\n\npromulgate rules and regulations to carry out more effectively the\n\nterms and provisions of this agreement, and who shall provide,\n\nwithin and without the state, information necessary to the effective\n\noperation of this agreement.\n\nArticle VIII\n\nThis agreement shall enter into full force and effect as to a\n\nparty state when such state has enacted the same into law. A state\n\nparty to this agreement may withdraw herefrom by enacting a statute\n\nrepealing the same. However, the withdrawal of any state shall not\n\naffect the status of any proceedings already initiated by inmates or\n\nby the state officers at the time such withdrawal takes effect, nor\n\nshall it affect their rights in respect thereof.\n\nArticle IX\n\nThis agreement shall be liberally construed so as to effectuate\n\nits purposes. The provisions of this agreement shall be severable\n\nand if any phrase, clause, sentence or provision of this agreement\n\nis declared to be contrary to the constitution of any party state or\n\nof the United States or the applicability thereof to any government,\n\nagency, person or circumstance is held invalid, the validity of the\n\nremainder of this agreement and the applicability thereof to any\n\ngovernment, agency, person or circumstance shall not be affected\n\nthereby. If this agreement shall be held contrary to the\n\nconstitution of any state party hereto, the agreement shall remain\n\nin full force and effect as to the remaining states and in full\n\nforce and effect as to the state affected as to all severable\n\nmatters.\"","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0be75ec180e7071a8a75d0b97a3ded9e285cf5e1f14922a7193be478856be577","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1346","next":"us-ok/okla.-stat.-tit.-22-22-1348"},"notice":"GroundRules: Original legal text. Not legal advice."}