Maryland Code § CS-8-407

Section CS-8-407
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Article V
(a) In response to a request made under § 8-405 or § 8-406 of this subtitle
(Article III or IV of the Agreement), the appropriate authority in a sending state shall
offer to deliver temporary custody of the prisoner to the appropriate authority in the
state where the indictment, information, or complaint is pending against the prisoner
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 required under § 8-405 of this subtitle (Article III of the
Agreement). In the case of a federal prisoner, the appropriate authority in the
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 the officer's authority to act
for the state into whose temporary custody the prisoner is to be given; and
(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 the 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 § 8-405 or § 8-406 of this subtitle (Article III or IV of
the Agreement), 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 on the indictment, information, or complaint
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 that 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 the prisoner's attendance at court and while being
transported to or from any place at which the prisoner's 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 that
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. 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 under
this Agreement until the 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 subsection 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.

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