§ 35-33-10-5 — Defendants confined in federal institutions

Indiana § 35-33-10-5

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 10: Securing Attendance of Defendants and Uniform

Text

Securing Attendance of Defendant Confined
in Federal Institutions. (1) A defendant against whom a criminal action
is pending in a court of record of this state, and who is confined in a
federal prison or other institution either within or outside this state,
may, with the consent of the attorney general of the United States, be
produced in such court for the purpose of criminal prosecution,
pursuant to the provisions of:
(a) Section four thousand eighty-five of title eighteen of the
United States Code as in effect on July 26, 1973; or
(b) subsection 2 of this section.
(2) When such a defendant is in federal custody as specified in
subsection 1, a court in which the criminal action against such
defendant is pending, may, upon application of the prosecuting attorney
of such county, issue a certificate, known as a writ of habeas corpus ad
prosequendum, addressed to the attorney general of the United States,
certifying that such defendant has been charged by indictment or
information filed against him in the specified court with the offense or
offenses alleged therein, and that attendance of the defendant in such
court for the purpose of criminal prosecution thereon is necessary in
the interest of justice and requesting the attorney general of the United
States to cause such defendant to be produced in such court, under
custody of a federal public servant, upon a designated date and for a
period of time necessary to complete the prosecution. Upon issuing
such a certificate, the court may deliver it, or cause or authorize it to be
delivered, together with a certified copy of the indictment or
information upon which it is based, to the attorney general of the
United States or to his representative authorized to entertain the
request.
As added by Acts 1981, P.L.298, SEC.2.