§ 580.20 Agreement on detainers.\n The agreement on detainers is hereby enacted into law and entered into\nby this state with all other jurisdictions legally joining therein in\nthe form substantially as follows:\n TEXT OF THE AGREEMENT ON DETAINERS\nThe contracting states solemnly agree that:\n ARTICLE I\n The party states find that charges outstanding against a prisoner,\ndetainers based on untried indictments, informations or complaints, and\ndifficulties in securing speedy trial of persons already incarcerated in\nother jurisdictions, produce uncertainties which obstruct programs of\nprisoner treatment and rehabilitation. Accordingly, it is the policy of\nthe party states and the purpose of this agreement to encourage the\nexpeditious and orderly disposition of such charges and determination of\nthe proper status of any and all detainers based on untried indictments,\ninformations or complaints. The party states also find that proceedings\nwith reference to such charges and detainers, when emanating from\nanother jurisdiction, cannot properly be had in the absence of\ncooperative procedures. It is the further purpose of this agreement to\nprovide such cooperative procedures.\n ARTICLE II\n As used in this agreement:\n (a) "State" shall mean a state of the United States; the United\nStates of America; a territory or possession of the United States; the\nDistrict of Columbia; the Commonwealth of Puerto Rico.\n (b) "Sending state" shall mean a state in which a prisoner is\nincarcerated at the time that he initiates a request for final\ndisposition pursuant to Article III hereof or at the time that a request\nfor custody or availability is initiated pursuant to Article IV hereof.\n (c) "Receiving state" shall mean the state in which trial is to be\nhad on an indictment, information or complaint pursuant to Article III\nor Article IV hereof.\n ARTICLE III\n (a) Whenever a person has entered upon a term of imprisonment in a\npenal or correctional institution of a party state, and whenever during\nthe continuance of the term of imprisonment there is pending in any\nother party state any untried indictment, information or complaint on\nthe basis of which a detainer has been lodged against the prisoner, he\nshall be brought to trial within one hundred eighty days after he shall\nhave caused to be delivered to the prosecuting officer and the\nappropriate court of the prosecuting officer's jurisdiction written\nnotice of the place of his imprisonment and his request for a final\ndisposition to be made of the indictment, information or complaint;\nprovided that for good cause shown in open court, the prisoner or his\ncounsel being present, the court having jurisdiction of the matter may\ngrant any necessary or reasonable continuance. The request of the\nprisoner shall be accompanied by a certificate of the appropriate\nofficial having custody of the prisoner, stating the term of commitment\nunder which the prisoner is being held, the time already served, the\ntime remaining to be served on the sentence, the amount of good time\nearned, the time of parole eligibility of the prisoner, and any\ndecisions of the state parole agency relating to the prisoner.\n (b) The written notice and request for final disposition referred to\nin paragraph (a) hereof shall be given or sent by the prisoner to the\nwarden, commissioner of correction or other official having custody of\nhim, who shall promptly forward it together with the certificate to the\nappropriate prosecuting official and court by registered or certified\nmail, return receipt requested.\n (c) The warden, commissioner of correction or other official having\ncustody of the prisoner shall promptly inform him of the source and\ncontents of any detainer lodged against him and shall also inform him of\nhis right to make a request for final disposition of the indic
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.