Maryland Code § CS-8-406

Section CS-8-406
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Article IV
(a) The appropriate officer of the jurisdiction in which an untried
indictment, information, or complaint is pending shall be entitled to have the prisoner
against whom the officer has lodged a detainer and who is serving a term of
imprisonment in any party state made available in accordance with § 8-407(a) of this
subtitle (Article V (a) of the Agreement) 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 the
indictment, information, or complaint shall have duly approved, recorded, and
transmitted the request; and provided further that there shall be a period of 30 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 the governor's own motion or upon
motion of the prisoner.
(b) Upon receipt of the officer's written request as provided under
subsection (a) of this section, 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. The 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 section (Article IV of
the Agreement), trial shall be commenced within 120 days of the arrival of the
prisoner in the receiving state, but 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.
(d) Nothing contained in this section (Article IV of the Agreement) shall be
construed to deprive any prisoner of any right that the prisoner may have to contest
the legality of the prisoner's delivery under subsection (a) of this section, but the
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 the 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 under § 8-407(e) of this subtitle (Article V (e) of the Agreement), the
indictment, information, or complaint shall not be of any further force or effect, and
the court shall enter an order dismissing the indictment, information, or complaint
with prejudice.

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