Interstate Agreement On Detainers Member States

(a) following a request made in accordance with Article III or Article IV of this Regulation, the competent authority of a sending State shall propose that that prisoner be remanded in custody by the competent authority of the State where such a charge, investigation or complaint is pending against that person, in order to allow for prompt and effective prosecution. Where the request for a final decision is submitted by the prisoner, the offer of temporary detention shall be attached to the written notification referred to in Article III of this Agreement. In the case of a federal prisoner, the competent authority of the host State shall be entitled to temporary detention under this Agreement or to the presence of the prisoner in federal custody at the processor, depending on the deprivation of liberty agreement that may be approved by the legal guardian. (b) An official or other representative of a State who accepts an offer of pre-trial detention shall submit, upon request: States parties shall find that persons detained against a prisoner, a prisoner based on unproven accusations, information or complaints and difficulties in ensuring a speedy trial against persons already detained in other jurisdictions give rise to uncertainty; impede programmes for the treatment and rehabilitation of prisoners. Accordingly, it is the policy of States Parties and the purpose of this Convention to promote the expeditous and orderly ordering of such charges and the determination of the correct status of all prisoners on the basis of unfounded accusations, information or complaints. States parties also note that proceedings relating to such charges and detentions, when emanating from another jurisdiction, cannot proceed properly without a cooperative procedure. The purpose of this Agreement is to provide for such cooperation procedures. Although the U.S. Constitution contains an explicit requirement for Congressional approval of interstate pacts, the U.S. Supreme Court has ruled that certain state-to-state agreements do not require such agreement from Congress. Article I, Section 10 of the Constitution provides that “[any] State without the consent of Congress,.

. . Enter into an agreement or pact with another State. [14] However, in 1893, the Court rendered in Virginia v. Tennessee that congressional approval is only necessary for a pact if it is “oriented toward the formation of a combination that tends to increase political power in states that could intervene or harm the just supremacy of the United States.” [15] (c) where the competent authority refuses or does not accept the temporary imprisonment of that person, or where recourse to the indictment, information or complaint on the basis of which custody was held is not tried within the time limit provided for in Article III or Article IV, The competent court of the court in which the indictment: If the information or complaint is pending, an order rejecting it on the basis of prejudice is issued, and any guard on this basis no longer has any force or effect. (d) the purpose of temporary custody referred to in this Agreement is only to permit criminal prosecution in respect of the indictment or charges contained in one or more inexperienced charges, information or complaints that form the basis of the detainee or detainees, or for other charges or charges resulting 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 shall be held in a prison or other appropriate institution, regularly used for persons awaiting prosecution. (e) the prisoner shall be repatriated to the sending State as soon as possible in accordance with the objectives of this Agreement. (f) During the continuation of pre-trial detention or during the rehabilitation of this Agreement, it shall be made available for the main hearing, the sentence shall continue, but the prisoner shall be deserving of a good time only if and to the extent permitted by the law and practice of the sentencing court. .

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