What Is The Interstate Agreement On Detainers

This agreement must be interpreted as fulfilling its objectives. The provisions of this agreement are dissociable and, if a wording, clause, phrase or provision of this agreement is declared unconstitutional, which is unconstitutional or the agreement applicable to a government, authority, person or circumstance is invalid, the validity of the remainder of that agreement and its applicability to a government are not affected by the Agency`s question. , the person or the fact. If this agreement is contrary to the constitution of a State Party, the Agreement will remain fully in force and in force for the other States, in full application and in force for the State concerned, with regard to all separation issues. c) If the competent authority refuses temporary provisional custody of that person or does not accept temporary interim custody of that person, or if an application for an indictment, information or complaint on the basis of which the detainee was filed is not brought to justice within the time limit of Article III or Article IV, the competent jurisdiction of the competent court if the indictment , information or complaint is pending, to issue an order that rejects the same prejudice as prejudice, and any detainee based on it ceases to be a force or an effect of some kind. (d) The temporary custody referred to in this agreement is intended only to continue the registration or charge contained in one or more unproven charges, information or complaints that form the basis of the detainee, or to pursue the other charges or charges arising from the same transaction. With the exception of his presence in court and during transport to or from a place where his presence may be necessary, the prisoner is held in a prison or other appropriate institution, regularly used for persons awaiting prosecution. (e) The detainee is repatriated to the sending state as soon as possible, in accordance with the objectives of this agreement. (f) During temporary custody or during the risk of the prisoner being made available in another way for trial, as stipulated in this agreement, the sentence is maintained, but the prisoner deserves a good time only if and to the extent that the law and practice of the court that have pronounced it permit it. (g) For all purposes other than those for which temporary custody is exercised under this arrangement, the prisoner is considered to be in the custody of the sending state and is subject to the jurisdiction of the Sending State, and any escape from temporary conservatory custody may be treated in the same way as an escape from the original place of detention or other legal means.

(h) from the date on which a State party obtains custody of a prisoner in accordance with this agreement and until the time that prisoner is repatriated to the territory and custody of the State of origin, the State in which one or more inconclusive charges, information or complaints are pending or where a trial is pending, is responsible for the prisoner and also bears all transport costs. to maintain, guard and bring back the prisoner. The provisions of this paragraph apply, unless the States concerned have entered into an endorsement providing for a different distribution of costs and responsibilities between them or among themselves. No provision should be interpreted to alter or affect the internal relations between departments, agencies and officials and officials of a party state or between a party state and its subdivisions with respect to the assumption of costs or responsibilities.