Detainer Agreement

Delays: Article IV, point (c), provides that, subject to open suit for the good cause in the presence of the prisoner or his lawyer, „the proceedings begin within one hundred and twenty days after the prisoner arrives in the [S]tate received”, otherwise the indictment will be dismissed by prejudice. [Article V, point c) ] ” (D) elay, authorized by the Speedy Trial Act, will normally comply with the mandate of the Detention Act. See UNITED States v. Odom, 674 F.2d 228, 231 (4. Cir.), cert. See also Article III, point a) (the procedure must begin within 180 days of the date of receipt, following the detainee`s request to make a final decision on the charges of the detainee`s origin). 2. Certified copy of the indictment, information or complaint on the basis of which the detainee was filed and on the basis of which the prisoner`s application for temporary custody was filed. (a) When determining the duration and expiry date of the terms and limits set out in Articles III and IV of this agreement, the duration of these periods becomes independent and as long as the prisoner is not in a position to be tried, as determined by the competent court. b) Persons classified as mentally ill are not subject to the provisions of this agreement or to the remedies made available by this agreement. Article III of the agreement allows a prisoner to definitively arrest an unsolved charge, information or complaint against him in another state on the basis of which a detainee has been laid against him. Article IV allows the Crown of a state in which an unproven indictment, information or complaint is pending, to obtain temporary health detention for a prisoner against whom it has filed a detainee by filing a „written application” for conservatory custody with the incarcerated state. Article V provides for a detailed procedure for obtaining temporary conservatory custody.

Party states note that the indictments of a prisoner, detainees on charges, information or complaints, and difficulties in ensuring a speedy trial against persons already detained in other jurisdictions, create uncertainties that hinder the treatment and rehabilitation programmes of prisoners. Therefore, the policy of the States Parties and the purpose of this Convention are to promote the swift and orderly imposition of such charges and the determination of the regular status of all detainees on the basis of unfounded accusations, information or complaints.