T19CH50
Title 19 > T19CH50
Sections (8)
19-5001
TITLE 19 CRIMINAL PROCEDURE CHAPTER 50 INTERSTATE AGREEMENT ON DETAINERS 19-5001. Text of agreement. 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: (a) 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. (b) As used in this agreement: (1) 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. (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 subsection (c) of this section or at the time that a request for custody or availability is initiated pursuant to subsection (d) of this section. (3) Receiving state shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to subsections (c) and (d) of this section. (c) (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 (180) 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 amoun
19-5002
TITLE 19 CRIMINAL PROCEDURE CHAPTER 50 INTERSTATE AGREEMENT ON DETAINERS 19-5002. Appropriate court — Defined. The phrase appropriate court as used in the agreement on detainers shall, with reference to the courts of this state, mean the state district courts. History: [19-5002, added 1971, ch. 167, sec. 2, p. 790.]
19-5003
TITLE 19 CRIMINAL PROCEDURE CHAPTER 50 INTERSTATE AGREEMENT ON DETAINERS 19-5003. Cooperation of officials. All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose. History: [19-5003, added 1971, ch. 167, sec. 3, p. 790.]
19-5004
TITLE 19 CRIMINAL PROCEDURE CHAPTER 50 INTERSTATE AGREEMENT ON DETAINERS 19-5004. Persistent violators. Nothing in this act or in the agreement on detainers shall be construed to require the application of section 19-2514 , Idaho Code, to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement. History: [19-5004, added 1971, ch. 167, sec. 4, p. 790.]
19-5005
TITLE 19 CRIMINAL PROCEDURE CHAPTER 50 INTERSTATE AGREEMENT ON DETAINERS 19-5005. Escape from custody obtained pursuant to request for final disposition — Effect. Escape from custody while in another state pursuant to the agreement on detainers and escape from custody in this state by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information or complaint voids the request. History: [19-5005, added 1971, ch. 167, sec. 5, p. 790.]
19-5006
TITLE 19 CRIMINAL PROCEDURE CHAPTER 50 INTERSTATE AGREEMENT ON DETAINERS 19-5006. Mandatory delivery of custody. It shall be lawful and mandatory upon the director of correction in charge of the Idaho state prison to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers. History: [19-5006, added 1971, ch. 167, sec. 6, p. 790.]
19-5007
TITLE 19 CRIMINAL PROCEDURE CHAPTER 50 INTERSTATE AGREEMENT ON DETAINERS 19-5007. Administration. The attorney general, or his designee, shall serve as the administrator of the agreement on detainers. History: [19-5007, added 1971, ch. 167, sec. 7, p. 790; am. 2019, ch. 164, sec. 1, p. 551.]
19-5008
TITLE 19 CRIMINAL PROCEDURE CHAPTER 50 INTERSTATE AGREEMENT ON DETAINERS 19-5008. Distribution of copies of act. Copies of this act shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments. History: [19-5008, added 1971, ch. 167, sec. 8, p. 790.]