Delaware Code § 11-2542

Written notice requesting disposition, trial within 180 days; waiver of extradition
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(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, the prisoner shall be brought to trial within 180 days after
the prisoner 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 imprisonment and the 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 the prisoner's 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 subsection (a) of this section shall be given or sent by the prisoner to
the Commissioner of Correction or other official having custody of the prisoner, 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 Commissioner of Correction, the Commissioner's delegated agent or other official having custody of the prisoner shall promptly
inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the 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 subsection (a) of this section 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 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 subsection 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 by this section 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 subsection (a) of this section 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 subsection (d) of this section,
and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term
of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production
of the prisoner's body in any court where the prisoner's 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 this agreement. Nothing in this
subsection shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to execution of the request for final disposition referred to in subsection (a) of
this section shall void the request.
(g) Written notice shall not be deemed to have been caused to be delivered to the prosecuting officer and the appropriate court of this
State in accordance with subsection (a) of this section until such notice or notification has actually been received by the appropriate court
and by the appropriate prosecuting attorney of this State, the prosecuting attorney's deputy, an assistant or any other person empowered
to receive mail on behalf of said attorney.

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