{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/53.1-210.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/53.1-210.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/53.1-210.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/53.1-210.html"}],"law_id":367677,"edition_id":2,"section_id":367677,"structure_id":52412,"section_number":"53.1-210","catch_line":"Agreement entered into and enacted into law","history":"Code 1950, \u00a7 53-304.1; 1970, c. 407; 1982, c. 636.","full_text":"The Agreement on Detainers is hereby enacted into law and entered into by this Commonwealth with all other jurisdictions legally joining therein in the form substantially as follows:\n\n\t\tTHE AGREEMENT ON DETAINERS\n\n\t\tThe contracting states solemnly agree:\n\n\t\tARTICLE I.\n\n\t\tThe party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trials 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.\n\n\t\tAs used in this agreement:\n\n\t\tARTICLE II.\n\na\n\n“State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.\n\nb\n\n“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.\n\nc\n\n“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.\n\t\t\tARTICLE III.\n\na\n\nWhenever 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 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officers’ 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.\n\nb\n\nThe written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other 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.\n\nc\n\nThe warden, commissioner of corrections or other 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.\n\nd\n\nAny request or final disposition made by a prisoner pursuant to paragraph (a) 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 warden, commissioner of corrections or other officials 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.\n\ne\n\nAny request for final disposition made by a prisoner pursuant to paragraph (a) 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 (d) 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.\n\nf\n\nEscape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.\n\t\t\tARTICLE IV.\n\na\n\nThe 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 (a) 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.\n\nb\n\nUpon receipt of the officer’s written request as provided in paragraph (a) 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.\n\nc\n\nIn respect of any proceeding made possible by this article, 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 his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.\n\nd\n\nNothing contained in this 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 (a) 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.\n\ne\n\nIf 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 (e) 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.\n\t\t\tARTICLE V.\n\na\n\nIn 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 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 of trial, whichever custodial arrangement may be approved by the custodian.\n\nb\n\nThe officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:\n\n1\n\nProper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.\n\n2\n\nA 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.\n\nc\n\nIf 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.\n\nd\n\nThe 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.\n\ne\n\nAt the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.\n\nf\n\nDuring the continuance or 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.\n\ng\n\nFor 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.\n\nh\n\nFrom 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.\n\t\t\tARTICLE VI.\n\na\n\nIn 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.\n\nb\n\nNo provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.\n\t\t\tARTICLE VII.\n\n\t\t\tEach 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.\n\n\t\t\tARTICLE VIII.\n\n\t\t\tThis 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.\n\n\t\t\tARTICLE IX.\n\n\t\t\tThis 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.\n\n","order_by":null,"text":{"0":{"id":1368703,"text":"The Agreement on Detainers is hereby enacted into law and entered into by this Commonwealth with all other jurisdictions legally joining therein in the form substantially as follows:\t\tTHE AGREEMENT ON DETAINERS\t\tThe contracting states solemnly agree:\t\tARTICLE I.\t\tThe party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trials 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.\t\tAs used in this agreement:\t\tARTICLE II.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":1368704,"text":"“State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"b"},"2":{"id":1368705,"text":"“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.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"3":{"id":1368706,"text":"“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.\n\t\t\tARTICLE III.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"a"},"4":{"id":1368707,"text":"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 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officers’ 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.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"c","next_prefix":"b"},"5":{"id":1368708,"text":"The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other 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.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"6":{"id":1368709,"text":"The warden, commissioner of corrections or other 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.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"7":{"id":1368710,"text":"Any request or final disposition made by a prisoner pursuant to paragraph (a) 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 warden, commissioner of corrections or other officials 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.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"8":{"id":1368711,"text":"Any request for final disposition made by a prisoner pursuant to paragraph (a) 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 (d) 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.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"f"},"9":{"id":1368712,"text":"Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.\n\t\t\tARTICLE IV.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e","next_prefix":"a"},"10":{"id":1368713,"text":"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 (a) 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.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"f","next_prefix":"b"},"11":{"id":1368714,"text":"Upon receipt of the officer’s written request as provided in paragraph (a) 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.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"12":{"id":1368715,"text":"In respect of any proceeding made possible by this article, 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 his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"13":{"id":1368716,"text":"Nothing contained in this 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 (a) 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.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"14":{"id":1368717,"text":"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 (e) 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.\n\t\t\tARTICLE V.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"a"},"15":{"id":1368718,"text":"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 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 of trial, whichever custodial arrangement may be approved by the custodian.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"e","next_prefix":"b"},"16":{"id":1368719,"text":"The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"17":{"id":1368720,"text":"Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"18":{"id":1368721,"text":"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.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"c"},"19":{"id":1368722,"text":"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.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b2","next_prefix":"d"},"20":{"id":1368723,"text":"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.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"21":{"id":1368724,"text":"At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"f"},"22":{"id":1368725,"text":"During the continuance or 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.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e","next_prefix":"g"},"23":{"id":1368726,"text":"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.","type":"section","prefixes":["g"],"prefix":"g","entire_prefix":"g","prefix_anchor":"g","level":1,"prior_prefix":"f","next_prefix":"h"},"24":{"id":1368727,"text":"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.\n\t\t\tARTICLE VI.","type":"section","prefixes":["h"],"prefix":"h","entire_prefix":"h","prefix_anchor":"h","level":1,"prior_prefix":"g","next_prefix":"a"},"25":{"id":1368728,"text":"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.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"h","next_prefix":"b"},"26":{"id":1368729,"text":"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.\n\t\t\tARTICLE VII.\t\t\tEach 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.\t\t\tARTICLE VIII.\t\t\tThis 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.\t\t\tARTICLE IX.\t\t\tThis 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.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a"}},"ancestry":[{"id":52412,"edition_id":2,"name":"Agreement on Detainers","identifier":"8","label":"chapter","depth":2,"order_by":8,"parent_id":52379,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 02:58:29","date_modified":"2026-08-02 12:34:50","permalink":{"id":1466279,"object_type":"structure","relational_id":52412,"identifier":"8","token":"53.1\/8","url":"\/53.1\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52379,"edition_id":2,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":117,"parent_id":null,"metadata":{"child_laws":402,"child_structures":56},"date_created":"2026-08-02 02:58:08","date_modified":"2026-08-02 12:34:44","permalink":{"id":1464593,"object_type":"structure","relational_id":52379,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":367677,"structure_id":52412,"section_number":"53.1-210","catch_line":"Agreement entered into and enacted into law","url":"\/53.1-210\/","token":"53.1\/8\/53.1-210","metadata":false},{"id":367678,"structure_id":52412,"section_number":"53.1-211","catch_line":"Meaning of \"appropriate court.\"","url":"\/53.1-211\/","token":"53.1\/8\/53.1-211","metadata":false},{"id":367679,"structure_id":52412,"section_number":"53.1-212","catch_line":"Cooperation in enforcement","url":"\/53.1-212\/","token":"53.1\/8\/53.1-212","metadata":false},{"id":367680,"structure_id":52412,"section_number":"53.1-213","catch_line":"Escape of person in custody pursuant to detainer","url":"\/53.1-213\/","token":"53.1\/8\/53.1-213","metadata":false},{"id":367681,"structure_id":52412,"section_number":"53.1-214","catch_line":"Authority and duty of official in charge of facility","url":"\/53.1-214\/","token":"53.1\/8\/53.1-214","metadata":false},{"id":367682,"structure_id":52412,"section_number":"53.1-215","catch_line":"Designation of central administrator and information agent","url":"\/53.1-215\/","token":"53.1\/8\/53.1-215","metadata":false}],"next_section":{"id":367678,"structure_id":52412,"section_number":"53.1-211","catch_line":"Meaning of \"appropriate court.\"","url":"\/53.1-211\/","token":"53.1\/8\/53.1-211","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-210\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 407; in 1982, chapter 636.<\/p>","references":false,"refers_to":false,"permalink":{"id":1466281,"object_type":"law","relational_id":367677,"identifier":"53.1-210","token":"53.1\/8\/53.1-210","url":"\/53.1-210\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/53.1-210\/","token":"53.1\/8\/53.1-210","dublin_core":{"Title":"Agreement entered into and enacted into law","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-210","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Agreement on Detainers is hereby enacted into law<\/span> and entered into by this Commonwealth with all other jurisdictions<\/span> legally joining therein in the form substantially as follows:

\t\tTHE AGREEMENT ON DETAINERS

\t\tThe contracting states<\/span> solemnly agree:

\t\tARTICLE I.

\t\tThe party<\/span> states<\/span> find that charges outstanding against a prisoner, detainers based on untried indictments<\/span>, informations or complaints, and difficulties in securing speedy trials<\/span> of persons already incarcerated in other jurisdictions<\/span>, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party<\/span> states<\/span> and the purpose of this agreement to encourage the expeditious and orderly disposition<\/span> of such charges and determination of the proper status of any and all detainers based on untried indictments<\/span>, informations or complaints. The party<\/span> states<\/span> also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction<\/span>, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

\t\tAs used in this agreement:

\t\tARTICLE II.<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> “State<\/span>” shall mean a state<\/span> of the United States<\/span>; the United States<\/span> of America; a territory or possession<\/span> of the United States<\/span>; the District of Columbia; the Commonwealth of Puerto Rico. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> “Sending state<\/span>” shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition<\/span> pursuant to Article III hereof or at the time that a request for custody<\/span> or availability is initiated pursuant to Article IV hereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> “Receiving state<\/span>” shall mean the state in which trial<\/span> is to be had on an indictment<\/span>, information or complaint pursuant to Article III or Article IV hereof.\n\t\t\tARTICLE III. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party<\/span> state, and whenever during the continuance<\/span> of the term of imprisonment there is pending in any other party<\/span> state any untried indictment<\/span>, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial<\/span> within 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court<\/span> of the prosecuting officers’ jurisdiction<\/span> written notice of the place of his imprisonment and his request for a final disposition<\/span> to be made of the indictment<\/span>, information or complaint; provided that for good cause shown in open court<\/span>, the prisoner or his counsel<\/span> being present, the court<\/span> having jurisdiction<\/span> of the matter may grant any necessary or reasonable continuance<\/span>. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody<\/span> 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<\/span> eligibility of the prisoner, and any decisions of the state parole<\/span> agency relating to the prisoner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The written notice and request for final disposition<\/span> referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody<\/span> of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court<\/span> by registered or certified mail, return receipt requested. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The warden, commissioner of corrections or other official having custody<\/span> 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<\/span> of the indictment<\/span>, information or complaint on which the detainer is based. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Any request or final disposition<\/span> made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition<\/span> of all untried indictments<\/span>, 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<\/span> is specifically directed. The warden, commissioner of corrections or other officials having custody<\/span> of the prisoner shall forthwith notify all appropriate prosecuting officers and courts<\/span> in the several jurisdictions<\/span> within the state to which the prisoner’s request for final disposition<\/span> 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<\/span> is not had on any indictment<\/span>, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment<\/span>, information or complaint shall not be of any further force or effect, and the court<\/span> shall enter an order<\/span> dismissing the same with prejudice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Any request for final disposition<\/span> made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver<\/span> of extradition<\/span> with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver<\/span> of extradition<\/span> to the receiving state<\/span> to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state<\/span>. The request for final disposition<\/span> shall also constitute a consent by the prisoner to the production of his body in any court<\/span> where his presence may be required in order<\/span> 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<\/span> if otherwise permitted by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> Escape from custody<\/span> by the prisoner subsequent to his execution of the request for final disposition<\/span> referred to in paragraph (a) hereof shall void the request.\n\t\t\tARTICLE IV. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> The appropriate officer of the jurisdiction<\/span> in which an untried indictment<\/span>, 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<\/span> state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody<\/span> or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court<\/span> having jurisdiction<\/span> of such indictment<\/span>, 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<\/span> may disapprove the request for temporary custody<\/span> or availability, either upon his own motion<\/span> or upon motion<\/span> of the prisoner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Upon receipt of the officer’s written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody<\/span> 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<\/span> eligibility of the prisoner, and any decisions of the state parole<\/span> agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts<\/span> in the receiving state<\/span> who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody<\/span> or availability and of the reasons therefor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> In respect of any proceeding made possible by this article, trial<\/span> shall be commenced within 120 days of the arrival of the prisoner in the receiving state<\/span>, but for good cause shown in open court<\/span>, the prisoner or his counsel<\/span> being present, the court<\/span> having jurisdiction<\/span> of the matter may grant any necessary or reasonable continuance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Nothing contained in this 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 (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state<\/span> has not affirmatively consented to or ordered such delivery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> If trial<\/span> is not had on any indictment<\/span>, information or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment<\/span>, information or complaint shall not be of any further force or effect, and the court<\/span> shall enter an order<\/span> dismissing the same with prejudice.\n\t\t\tARTICLE V. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state<\/span> shall offer to deliver temporary custody<\/span> of such prisoner to the appropriate authority in the state where such indictment<\/span>, information or complaint is pending against such person in order<\/span> that speedy and efficient prosecution<\/span> may be had. If the request for final disposition<\/span> is made by the prisoner, the offer of temporary custody<\/span> shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state<\/span> shall be entitled to temporary custody<\/span> as provided by this agreement or to the prisoner’s presence in federal custody<\/span> at the place of trial<\/span>, whichever custodial arrangement may be approved by the custodian. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The officer or other representative of a state accepting an offer of temporary custody<\/span> shall present the following upon demand: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Proper identification and evidence<\/span> of his authority to act for the state into whose temporary custody<\/span> the prisoner is to be given. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A duly certified copy of the indictment<\/span>, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody<\/span> of the prisoner has been made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> If the appropriate authority shall refuse or fail to accept temporary custody<\/span> of said person, or in the event that an action on the indictment<\/span>, information or complaint on the basis of which the detainer has been lodged is not brought to trial<\/span> within the period provided in Article III or Article IV hereof, the appropriate court<\/span> of the jurisdiction<\/span> where the indictment<\/span>, information or complaint has been pending shall enter an order<\/span> dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> The temporary custody<\/span> referred to in this agreement shall be only for the purpose of permitting prosecution<\/span> on the charge or charges contained in one or more untried indictments<\/span>, informations or complaints which form the basis of the detainer or detainers or for prosecution<\/span> on any other charge or charges arising out of the same transaction. Except for his attendance at court<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> During the continuance<\/span> or temporary custody<\/span> or while the prisoner is otherwise being made available for trial<\/span> 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<\/span> and practice of the jurisdiction<\/span> which imposed the sentence may allow. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

g.<\/span> For all purposes other than that for which temporary custody<\/span> as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody<\/span> of and subject to the jurisdiction<\/span> of the sending state<\/span> and any escape from temporary custody<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

h.<\/span> From the time that a party<\/span> state receives custody<\/span> of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody<\/span> of the sending state<\/span>, the state in which the one or more untried indictments<\/span>, informations or complaints are pending or in which trial<\/span> 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<\/span> 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<\/span>, agencies and officers of and in the government of a party<\/span> state, or between a party<\/span> state and its subdivisions, as to the payment of costs, or responsibilities therefor.\n\t\t\tARTICLE VI. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> 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<\/span>, as determined by the court<\/span> having jurisdiction<\/span> of the matter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> 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.\n\t\t\tARTICLE VII.

\t\t\tEach state party<\/span> to this agreement shall designate an officer who, acting jointly with like officers of other party<\/span> states<\/span>, 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.

\t\t\tARTICLE VIII.

\t\t\tThis agreement shall enter into full force and effect as to a party<\/span> state when such state has enacted the same into law<\/span>. A state party<\/span> to this agreement may withdraw herefrom by enacting a statute<\/span> 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.

\t\t\tARTICLE IX.

\t\t\tThis 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<\/span> state or of the United States<\/span> 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<\/span> hereto, the agreement shall remain in full force and effect as to the remaining states<\/span> and in full force and effect as to the state affected as to all severable matters. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGREEMENT ENTERED INTO AND ENACTED INTO LAW (\u00a7 53.1-210)\n\nThe Agreement on Detainers is hereby enacted into law and entered into by this\nCommonwealth with all other jurisdictions legally joining therein in the form\nsubstantially as follows:\t\tTHE AGREEMENT ON DETAINERS\t\tThe contracting states\nsolemnly agree:\t\tARTICLE I.\t\tThe party states find that charges outstanding\nagainst a prisoner, detainers based on untried indictments, informations or\ncomplaints, and difficulties in securing speedy trials of persons already\nincarcerated in other jurisdictions, produce uncertainties which obstruct\nprograms of prisoner treatment and rehabilitation. Accordingly, it is the policy\nof the party states and the purpose of this agreement to encourage the\nexpeditious and orderly disposition of such charges and determination of the\nproper status of any and all detainers based on untried indictments,\ninformations or complaints. The party states also find that proceedings with\nreference to such charges and detainers, when emanating from another\njurisdiction, cannot properly be had in the absence of cooperative procedures.\nIt is the further purpose of this agreement to provide such cooperative\nprocedures.\t\tAs used in this agreement:\t\tARTICLE II.\n\na. “State” shall mean a state of the United States; the United\nStates of America; a territory or possession of the United States; the District\nof Columbia; the Commonwealth of Puerto Rico.\n\nb. “Sending state” shall mean a state in which a prisoner is\nincarcerated at the time that he initiates a request for final disposition\npursuant to Article III hereof or at the time that a request for custody or\navailability is initiated pursuant to Article IV hereof.\n\nc. “Receiving state” shall mean the state in which trial is to be\nhad on an indictment, information or complaint pursuant to Article III or\nArticle IV hereof.\n\t\t\tARTICLE III.\n\na. Whenever a person has entered upon a term of imprisonment in a penal or\ncorrectional institution of a party state, and whenever during the continuance\nof the term of imprisonment there is pending in any other party state any\nuntried indictment, information or complaint on the basis of which a detainer\nhas been lodged against the prisoner, he shall be brought to trial within 180\ndays after he shall have caused to be delivered to the prosecuting officer and\nthe appropriate court of the prosecuting officers’ jurisdiction written\nnotice of the place of his imprisonment and his request for a final disposition\nto be made of the indictment, information or complaint; provided that for good\ncause shown in open court, the prisoner or his counsel being present, the court\nhaving jurisdiction of the matter may grant any necessary or reasonable\ncontinuance. The request of the prisoner shall be accompanied by a certificate\nof the appropriate official having custody of the prisoner, stating the term of\ncommitment under which the prisoner is being held, the time already served, the\ntime remaining to be served on the sentence, the amount of good time earned, the\ntime of parole eligibility of the prisoner, and any decisions of the state\nparole agency relating to the prisoner.\n\nb. The written notice and request for final disposition referred to in paragraph\n(a) hereof shall be given or sent by the prisoner to the warden, commissioner of\ncorrections or other official having custody of him, who shall promptly forward\nit together with the certificate to the appropriate prosecuting official and\ncourt by registered or certified mail, return receipt requested.\n\nc. The warden, commissioner of corrections or other official having custody of\nthe prisoner shall promptly inform him of the source and contents of any\ndetainer lodged against him and shall also inform him of his right to make a\nrequest for final disposition of the indictment, information or complaint on\nwhich the detainer is based.\n\nd. Any request or final disposition made by a prisoner pursuant to paragraph (a)\nhereof shall operate as a request for final disposition of all untried\nindictments, informations or complaints on the basis of which detainers have\nbeen lodged against the prisoner from the state to whose prosecuting official\nthe request for final disposition is specifically directed. The warden,\ncommissioner of corrections or other officials having custody of the prisoner\nshall forthwith notify all appropriate prosecuting officers and courts in the\nseveral jurisdictions within the state to which the prisoner’s request for\nfinal disposition is being sent of the proceeding being initiated by the\nprisoner. Any notification sent pursuant to this paragraph shall be accompanied\nby copies of the prisoner’s written notice, request, and the certificate.\nIf trial is not had on any indictment, information or complaint contemplated\nhereby prior to the return of the prisoner to the original place of\nimprisonment, such indictment, information or complaint shall not be of any\nfurther force or effect, and the court shall enter an order dismissing the same\nwith prejudice.\n\ne. Any request for final disposition made by a prisoner pursuant to paragraph\n(a) hereof shall also be deemed to be a waiver of extradition with respect to\nany charge or proceeding contemplated thereby or included therein by reason of\nparagraph (d) hereof, and a waiver of extradition to the receiving state to\nserve any sentence there imposed upon him, after completion of his term of\nimprisonment in the sending state. The request for final disposition shall also\nconstitute a consent by the prisoner to the production of his body in any court\nwhere his presence may be required in order to effectuate the purposes of this\nagreement and a further consent voluntarily to be returned to the original place\nof imprisonment in accordance with the provisions of this agreement. Nothing in\nthis paragraph shall prevent the imposition of a concurrent sentence if\notherwise permitted by law.\n\nf. Escape from custody by the prisoner subsequent to his execution of the\nrequest for final disposition referred to in paragraph (a) hereof shall void the\nrequest.\n\t\t\tARTICLE IV.\n\na. The appropriate officer of the jurisdiction in which an untried indictment,\ninformation or complaint is pending shall be entitled to have a prisoner against\nwhom he has lodged a detainer and who is serving a term of imprisonment in any\nparty state made available in accordance with Article V (a) hereof upon\npresentation of a written request for temporary custody or availability to the\nappropriate authorities of the state in which the prisoner is incarcerated;\nprovided that the court having jurisdiction of such indictment, information or\ncomplaint shall have duly approved, recorded and transmitted the request; and\nprovided further that there shall be a period of thirty days after receipt by\nthe appropriate authorities before the request be honored, within which period\nthe governor of the sending state may disapprove the request for temporary\ncustody or availability, either upon his own motion or upon motion of the\nprisoner.\n\nb. Upon receipt of the officer’s written request as provided in paragraph\n(a) hereof, the appropriate authorities having the prisoner in custody shall\nfurnish the officer with a certificate stating the term of commitment under\nwhich the prisoner is being held, the time already served, the time remaining to\nbe served on the sentence, the amount of good time earned, the time of parole\neligibility of the prisoner, and any decisions of the state parole agency\nrelating to the prisoner. Said authorities simultaneously shall furnish all\nother officers and appropriate courts in the receiving state who have lodged\ndetainers against the prisoner with similar certificates and with notices\ninforming them of the request for custody or availability and of the reasons\ntherefor.\n\nc. In respect of any proceeding made possible by this article, trial shall be\ncommenced within 120 days of the arrival of the prisoner in the receiving state,\nbut for good cause shown in open court, the prisoner or his counsel being\npresent, the court having jurisdiction of the matter may grant any necessary or\nreasonable continuance.\n\nd. Nothing contained in this article shall be construed to deprive any prisoner\nof any right which he may have to contest the legality of his delivery as\nprovided in paragraph (a) hereof, but such delivery may not be opposed or denied\non the ground that the executive authority of the sending state has not\naffirmatively consented to or ordered such delivery.\n\ne. If trial is not had on any indictment, information or complaint contemplated\nhereby prior to the prisoner’s being returned to the original place of\nimprisonment pursuant to Article V (e) hereof, such indictment, information or\ncomplaint shall not be of any further force or effect, and the court shall enter\nan order dismissing the same with prejudice.\n\t\t\tARTICLE V.\n\na. In response to a request made under Article III or Article IV hereof, the\nappropriate authority in a sending state shall offer to deliver temporary\ncustody of such prisoner to the appropriate authority in the state where such\nindictment, information or complaint is pending against such person in order\nthat speedy and efficient prosecution may be had. If the request for final\ndisposition is made by the prisoner, the offer of temporary custody shall\naccompany the written notice provided for in Article III of this agreement. In\nthe case of a federal prisoner, the appropriate authority in the receiving state\nshall be entitled to temporary custody as provided by this agreement or to the\nprisoner’s presence in federal custody at the place of trial, whichever\ncustodial arrangement may be approved by the custodian.\n\nb. The officer or other representative of a state accepting an offer of\ntemporary custody shall present the following upon demand:\n\n 1. Proper identification and evidence of his authority to act for the state\n into whose temporary custody the prisoner is to be given.\n\n 2. A duly certified copy of the indictment, information or complaint on the\n basis of which the detainer has been lodged and on the basis of which the\n request for temporary custody of the prisoner has been made.\n\nc. If the appropriate authority shall refuse or fail to accept temporary custody\nof said person, or in the event that an action on the indictment, information or\ncomplaint on the basis of which the detainer has been lodged is not brought to\ntrial within the period provided in Article III or Article IV hereof, the\nappropriate court of the jurisdiction where the indictment, information or\ncomplaint has been pending shall enter an order dismissing the same with\nprejudice, and any detainer based thereon shall cease to be of any force or\neffect.\n\nd. The temporary custody referred to in this agreement shall be only for the\npurpose of permitting prosecution on the charge or charges contained in one or\nmore untried indictments, informations or complaints which form the basis of the\ndetainer or detainers or for prosecution on any other charge or charges arising\nout of the same transaction. Except for his attendance at court and while being\ntransported to or from any place at which his presence may be required, the\nprisoner shall be held in a suitable jail or other facility regularly used for\npersons awaiting prosecution.\n\ne. At the earliest practicable time consonant with the purposes of this\nagreement, the prisoner shall be returned to the sending state.\n\nf. During the continuance or temporary custody or while the prisoner is\notherwise being made available for trial as required by this agreement, time\nbeing served on the sentence shall continue to run but good time shall be earned\nby the prisoner only if, and to the extent that, the law and practice of the\njurisdiction which imposed the sentence may allow.\n\ng. For all purposes other than that for which temporary custody as provided in\nthis agreement is exercised, the prisoner shall be deemed to remain in the\ncustody of and subject to the jurisdiction of the sending state and any escape\nfrom temporary custody may be dealt with in the same manner as an escape from\nthe original place of imprisonment or in any other manner permitted by law.\n\nh. From the time that a party state receives custody of a prisoner pursuant to\nthis agreement until such prisoner is returned to the territory and custody of\nthe sending state, the state in which the one or more untried indictments,\ninformations or complaints are pending or in which trial is being had shall be\nresponsible for the prisoner and shall also pay all costs of transporting,\ncaring for, keeping and returning the prisoner. The provisions of this paragraph\nshall govern unless the states concerned shall have entered into a supplementary\nagreement providing for a different allocation of costs and responsibilities as\nbetween or among themselves. Nothing herein contained shall be construed to\nalter or affect any internal relationship among the departments, agencies and\nofficers of and in the government of a party state, or between a party state and\nits subdivisions, as to the payment of costs, or responsibilities therefor.\n\t\t\tARTICLE VI.\n\na. In determining the duration and expiration dates of the time periods provided\nin Articles III and IV of this agreement, the running of said time periods shall\nbe tolled whenever and for as long as the prisoner is unable to stand trial, as\ndetermined by the court having jurisdiction of the matter.\n\nb. No provision of this agreement, and no remedy made available by this\nagreement, shall apply to any person who is adjudged to be mentally ill.\n\t\t\tARTICLE VII.\t\t\tEach state party to this agreement shall designate an officer\nwho, acting jointly with like officers of other party states, shall promulgate\nrules and regulations to carry out more effectively the terms and provisions of\nthis agreement, and who shall provide, within and without the state, information\nnecessary to the effective operation of this agreement.\t\t\tARTICLE VIII.\t\t\tThis\nagreement shall enter into full force and effect as to a party state when such\nstate has enacted the same into law. A state party to this agreement may\nwithdraw herefrom by enacting a statute repealing the same. However, the\nwithdrawal of any state shall not affect the status of any proceedings already\ninitiated by inmates or by state officers at the time such withdrawal takes\neffect, nor shall it affect their rights in respect thereof.\t\t\tARTICLE\nIX.\t\t\tThis agreement shall be liberally construed so as to effectuate its\npurposes. The provisions of this agreement shall be severable and if any phrase,\nclause, sentence or provision of this agreement is declared to be contrary to\nthe constitution of any party state or of the United States or the applicability\nthereof to any government, agency, person or circumstance is held invalid, the\nvalidity of the remainder of this agreement and the applicability thereof to any\ngovernment, agency, person or circumstance shall not be affected thereby. If\nthis agreement shall be held contrary to the constitution of any state party\nhereto, the agreement shall remain in full force and effect as to the remaining\nstates and in full force and effect as to the state affected as to all severable\nmatters.\n\nHISTORY: Code 1950, \u00a7 53-304.1; 1970, c. 407; 1982, c. 636.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}