§ 34-A §3042 — Disposition of detainers

1.
Notice to prisoner.
The commissioner, chief administrative officer or other official having custody of a prisoner serving a term of imprisonment in a correctional facility in this State shall promptly inform the prisoner in writing of:
2.
Right to trial.
A prisoner serving a term of imprisonment in a correctional facility in this State is entitled to be brought to trial on any untried indictment, information or complaint pending in this State against him within 180 days after giving proper notice in accordance with subsections 3 and 4.
3.
Proper notice.
To constitute proper notice under subsection 2, the prisoner must send to the prosecuting official of the county in which the indictment, information or complaint is pending, and to the appropriate court, the following:
4.
Manner of giving proper notice.
The manner of giving proper notice under subsection 2 is as follows.
5.
Continuance.
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.
6.
Time limitation.
If the prisoner is not brought to trial on the untried indictment, information or complaint within 180 days after the prisoner gave or sent proper notice under subsection 2:
7.
Effect of escape.
If a prisoner escapes from custody after his execution of the request for final disposition, his request is voided.
8.
Exception.
This section does not apply to any person adjudged to be mentally ill.

Legislative History

PL 1983, c. 459, §6 (NEW). PL 1987, c. 167, §§1,2 (AMD). PL 2019, c. 113, Pt. C, §96 (AMD).