N.D. Cent. Code § 29-34-01 Agreement on detainers
29-34-01. Agreement on detainers
The agreement on detainers is hereby enacted into law and entered into by this state with
all other jurisdictions legally joining therein in the form substantially as follows:
The contracting states solemnly agree that:
ARTICLE I
The party states find that charges outstanding against a prisoner, detainers based on
untried indictments, informations or complaints, and difficulties in securing speedy trial of
persons already incarcerated in other jurisdictions, produce uncertainties which obstruct
programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states
and the purpose of this agreement to encourage the expeditious and orderly disposition of such
charges and determination of the proper status of any and all detainers based on untried
indictments, informations or complaints. The party states also find that proceedings with
reference to such charges and detainers, when emanating from another jurisdiction, cannot
properly be had in the absence of cooperative procedures. It is the further purpose of this
agreement to provide such cooperative procedures.
ARTICLE II
As used in this agreement:
1. "State" shall mean a state of the United States; the United States of America; a
territory of possession of the United States; District of Columbia; the Commonwealth of
Puerto Rico;
2. "Sending state" shall mean a state in which a prisoner is incarcerated at the time that
he initiates a request for final disposition pursuant to Article III hereof or at the time that
a request for custody or availability is initiated pursuant to Article IV hereof;
3. "Receiving state" shall mean the state in which trial is to be had on an indictment,
information or complaint pursuant to Article III or Article IV hereof.
ARTICLE III
1. 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, he shall be brought to trial within one hundred eighty days after he 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 his imprisonment and his
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 his 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.
2. The written notice and request for final disposition referred to in paragraph 1 hereof
shall be given or sent by the prisoner to the official having custody of him, who shall
promptly forward it together with the certificate to the appropriate prosecuting official
and court by registered or certified mail, return receipt requested.
3. The official having custody of the prisoner shall promptly inform him of the source and
contents of any detainer lodged against him and shall also inform him of his right to
make a request for final disposition of the indictment, information or complaint on
which the detainer is based.
4. Any request for final disposition made by a prisoner pursuant to paragraph 1 hereof
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 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 paragraph 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 hereby 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.
5. Any request for final disposition made by a prisoner pursuant to paragraph 1 hereof
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 paragraph 4 hereof,
and a waiver of extradition to the receiving state to serve any sentence there imposed
upon him, after completion of his term of imprisonment in the sending state. The
request for final disposition shall also constitute a consent by the prisoner to the
production of his body in any court where his 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 the provisions of this
agreement. Nothing in this paragraph shall prevent the imposition of a concurrent
sentence if otherwise permitted by law.
6. Escape from custody by the prisoner subsequent to his execution of the request for
final disposition referred to in paragraph 1 hereof shall void the request.
ARTICLE IV
1. The appropriate officer of the jurisdiction in which an untried indictment, information or
complaint is pending shall be entitled to have a prisoner against whom he has lodged
a detainer and who is serving a term of imprisonment in any party state made
available in accordance with Article V, paragraph 1, hereof 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
such indictment, information or complaint shall have duly approved, recorded and
transmitted the request; and provided further that there shall be a period of thirty 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 his own motion or upon motion of the prisoner.
2. Upon receipt of the officer's written request as provided in paragraph 1 hereof, 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. Said 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.
3. In respect of any proceeding made possible by this Article, trial shall be commenced
within one hundred twenty days of the arrival of the prisoner in the receiving state, but
for good cause shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or reasonable
continuance.
4. Nothing contained in the Article shall be construed to deprive any prisoner of any right
which he may have to contest the legality of his delivery as provided in paragraph 1
hereof, but such 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
such delivery.
5. 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 pursuant to
Article V, paragraph 5, hereof, 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.
ARTICLE V
1. In response to a request made under Article III or Article IV, hereof, the appropriate
authority in a sending state shall offer to deliver temporary custody of such prisoner to
the appropriate authority in the state where such indictment, information, or complaint
is pending against such person 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 provided for in Article III of this agreement.
In the case of federal prisoners, 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.
2. The officer or other representative of a state accepting an offer of temporary custody
shall present the following upon demand:
a. Proper identification and evidence of his authority to act for the state into whose
temporary custody the prisoner is to be given.
b. 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 a request for
temporary custody of the prisoner has been made.
3. If the appropriate authority shall refuse or fail to accept temporary custody of said
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 Article III or Article IV hereof, 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 thereon shall cease to be
of any force or effect.
4. 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 which 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 his attendance at court and while being transported to or from
any place at which his presence may be required, the prisoner shall be held in a
suitable jail or other facility regularly used for persons awaiting prosecution.
5. At the earliest practicable time consonant with the purposes of this agreement, the
prisoner shall be returned to the sending state.
6. 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 which imposed the
sentence may allow.
7. 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 and 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.
8. From the time that a party state receives custody of a prisoner pursuant to this
agreement until such 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 paragraph 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.
ARTICLE VI
1. In determining the duration and expiration dates of the time periods provided in Articles
III and IV of this agreement, the running of said time periods shall be tolled whenever
and for as long as the prisoner is unable to stand trial, as determined by the court
having jurisdiction of the matter.
2. No provision of this agreement, and no remedy made available by this agreement,
shall apply to any person who is adjudged to be mentally ill.
ARTICLE VII
Each state party to this agreement shall designate an officer who, acting jointly with like
officers of other party states shall promulgate rules and regulations to carry out more effectively
the terms and provisions of this agreement, and who shall provide, within and without the state,
information necessary to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to a party state when such state has
enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a
statute repealing the same. However, the withdrawal of any state shall not affect the status of
any proceedings already initiated by inmates or by state officers at the time such withdrawal
takes effect, nor shall it affect their rights in respect thereof.
ARTICLE IX
This agreement shall be liberally construed so as to effectuate its purposes. The provisions
of this agreement shall be severable and if any phrase, clause, sentence or provision of this
agreement is declared to be contrary to the constitution of any party state or of the United
States or the applicability thereof to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this agreement and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If this agreement
shall be held contrary to the constitution of any state party hereto, the agreement shall remain in
full force and effect as to the remaining states and in full force and effect as to the state affected
as to all severable matters.