§ 7-15-101 — Contents and form of agreement on detainers

Wyoming § 7-15-101

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 15: INTERSTATE DETAINERS

Text

The agreement on detainers is hereby enacted into law and
entered into by the state of Wyoming with all other
jurisdictions legally joining therein in the form substantially
as follows: the contracting states solemnly agree that:
Article I
The party states find that charges outstanding against a
prisoner, detainers based on untried indictments, informations
or complaints, and difficulties in securing speedy trials 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.
Article II
(a) As used in this agreement:
(i) "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;
(ii) "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 Article III hereof or at the time that a
request for custody or availability is initiated pursuant to
Article IV hereof;
(iii) "Receiving state" shall mean the state in which trial is
to be had on an indictment, information or complaint pursuant to
Article III or Article IV hereof.
Article III
(a) 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 at the next term of court 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 amount of good
time earned, the time of parole eligibility of the prisoner, and
any decisions of the state parole agency relating to the
prisoner.
(b) The written notice and request for final disposition
referred to in paragraph (a) hereof shall be given or sent by
the prisoner to the warden, commissioner of corrections or other
official having custody of him, who shall promptly forward it
together with the certificate to the appropriate prosecuting
official and court by registered or certified mail, return
receipt requested.
(c) The warden, commissioner of corrections or other official
having custody of the prisoner shall promptly inform him of the
source and contents of any detainer lodged against him and shall
also inform him of his right to make a request for final
disposition of the indictment, information or complaint on which
the detainer is based.
(d) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall operate as a request for
final disposition of all untried indictments, informations or
complaints on the basis of which detainers have been lodged
against the prisoner from the state to whose prosecuting
official the request for final disposition is specifically
directed. The warden, commissioner of corrections or other
official having custody of the prisoner shall forthwith notify
all appropriate prosecuting officers and courts in the several
jurisdictions within the state to which the prisoner's request
for final disposition is being sent of the proceeding being
initiated by the prisoner. Any notification sent pursuant to
this paragraph shall be accompanied by copies of the prisoner's
written notice, request, and the certificate. If trial is not
had on any indictment, information or complaint contemplated
hereby prior to the return of the prisoner to the original place
of imprisonment, such indictment, information or complaint shall
not be of any further force or effect, and the court shall enter
an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall also be deemed to be a
waiver of extradition with respect to any charge or proceeding
contemplated thereby or included therein by reason of paragraph
(d) hereof, and a waiver of extradition to the receiving state
to serve any sentence there imposed upon him, after completion
of his term of imprisonment in the sending state. The request
for final disposition shall also constitute a consent by the
prisoner to the production of his body in any court where his
presence may be required in order to effectuate the purposes of
this agreement and a further consent voluntarily to be returned
to the original place of imprisonment in accordance with the
provisions of this agreement. Nothing in this paragraph shall
prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his
execution of the request for final disposition referred to in
paragraph (a) hereof shall void the request.
Article IV
(a) The appropriate officer of the jurisdiction in which an
untried indictment, information or complaint is pending shall be
entitled to have a prisoner against whom he has lodged a
detainer and who is serving a term of imprisonment in any party
state made available in accordance with Article V (a) hereof
upon presentation of a written request for temporary custody or
availability to the appropriate authorities of the state in
which the prisoner is incarcerated; provided that the court
having jurisdiction of such indictment, information or complaint
shall have duly approved, recorded and transmitted the request;
and provided further that there shall be a period of thirty (30)
days after receipt by the appropriate authorities before the
request be honored, within which period the governor of the
sending state may disapprove the request for temporary custody
or availability, either upon his own motion or upon motion of
the prisoner.
(b) Upon receipt of the officer's written request as provided
in paragraph (a) hereof, the appropriate authorities having the
prisoner in custody shall furnish the officer with a certificate
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 amount of good time earned, the time of
parole eligibility of the prisoner, and any decisions of the
state parole agency relating to the prisoner. Said authorities
simultaneously shall furnish all other officers and appropriate
courts in the receiving state who have lodged detainers against
the prisoner with similar certificates and with notices
informing them of the request for custody or availability and of
the reasons therefor.
(c) In respect of any proceeding made possible by this article,
trial shall be commenced within one hundred twenty (120) days of
the arrival of the prisoner in the receiving state, but 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.
(d) Nothing contained in this article shall be construed to
deprive any prisoner of any right which he may have to contest
the legality of his delivery as provided in paragraph (a)
hereof, but such delivery may not be opposed or denied on the
ground that the executive authority of the sending state has not
affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or
complaint contemplated hereby prior to the prisoner's being
returned to the original place of imprisonment pursuant to
Article V (e) hereof, such indictment, information or complaint
shall not be of any further force or effect, and the court shall
enter an order dismissing the same with prejudice.
Article V
(a) In response to a request made under Article III or Article
IV hereof, the appropriate authority in a sending state shall
offer to deliver temporary custody of such prisoner to the
appropriate authority in the state where such indictment,
information or complaint is pending against such person in order
that speedy and efficient prosecution may be had. If the request
for final disposition is made by the prisoner, the offer of
temporary custody shall accompany the written notice provided
for in Article III of this agreement. In the case of a federal
prisoner, the appropriate authority in the receiving state shall
be entitled to temporary custody as provided by this agreement
or to the prisoner's presence in federal custody at the place
for trial, whichever custodial arrangement may be approved by
the custodian.
(b) The officer or other representative of a state accepting an
offer of temporary custody shall present the following upon
demand:
(i) Proper identification and evidence of his authority to act
for the state into whose temporary custody the prisoner is to be
given;
(ii) A duly certified copy of the indictment, information or
complaint on the basis of which the detainer has been lodged and
on the basis of which the request for temporary custody of the
prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action
on the indictment, information or complaint on the basis of
which the detainer has been lodged is not brought to trial
within the periods provided by this act, the appropriate court
of the jurisdiction where the indictment, information or
complaint has been pending shall enter an order dismissing the
same with prejudice, and any detainer based thereon shall cease
to be of any force or effect.
(d) The temporary custody referred to in this agreement shall
be only for the purpose of permitting prosecution on the charge
or charges contained in one (1) or more untried indictments,
informations or complaints which form the basis of the detainer
or detainers or for prosecution on any other charge or charges
arising out of the same transaction. Except for his attendance
at court and while being transported to or from any place at
which his presence may be required, the prisoner shall be held
in a suitable jail or other facility regularly used for persons
awaiting prosecution.
(e) At the earliest practicable time consonant with the purpose
of this agreement, the prisoner shall be returned to the sending
state.
(f) During the continuance of temporary custody or while the
prisoner is otherwise being made available for trial as required
by this agreement, time being served on the sentence shall
continue to run but good time shall be earned by the prisoner
only if, and to the extent that, the law and practice of the
jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary
custody as provided in this agreement is exercised, the prisoner
shall be deemed to remain in the custody of and subject to the
jurisdiction of the sending state and any escape from temporary
custody may be dealt with in the same manner as an escape from
the original place of imprisonment or in any other manner
permitted by law.
(h) From the time that a party state receives custody of a
prisoner pursuant to this agreement until such prisoner is
returned to the territory and custody of the sending state, the
state in which the one (1) or more untried indictments,
informations or complaints are pending or in which trial is
being had, shall be responsible for the prisoner and shall also
pay all costs of transporting, caring for, keeping and returning
the prisoner. The provisions of this paragraph shall govern
unless the states concerned shall have entered into a
supplementary agreement providing for a different allocation of
costs and responsibilities as between or among themselves.
Nothing herein contained shall be construed to alter or affect
any internal relationship among the departments, agencies and
officers of and in the government of a party state, or between a
party state and its subdivisions, as to the payment of costs, or
responsibilities therefor.
Article VI
(a) In determining the duration and expiration dates of the
time periods provided in Articles III and IV of this agreement,
the running of said time periods shall be tolled whenever and
for as long as the prisoner is unable to stand trial, as
determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made
available by this agreement, shall apply to any person who is
adjudged to be mentally ill.
Article VII
Each state party to this agreement shall designate an officer
who, acting jointly with like officers of other party states,
shall promulgate rules and regulations to carry out more
effectively the terms and provisions of this agreement, and who
shall provide, within and without the state, information
necessary to the effective operation of this agreement.
Article VIII
This agreement shall enter into full force and effect as to a
party state when such state has enacted the same into law. A
state party to this agreement may withdraw herefrom by enacting
a statute repealing the same. However, the withdrawal of any
state shall not affect the status of any proceedings already
initiated by inmates or by state officers at the time such
withdrawal takes effect nor shall it affect their rights in
respect thereof.
Article IX
This agreement shall be liberally construed so as to effectuate
its purposes. The provisions of this agreement shall be
severable and if any phrase, clause, sentence or provision of
this agreement is declared to be contrary to the constitution of
any party state or of the United States or the applicability
thereof to any government, agency, person or circumstances is
held invalid, the validity of the remainder of this agreement
and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this agreement
shall be held contrary to the constitution of any state party
hereto, the agreement shall remain in full force and effect as
to the remaining states and in full force and effect as to the
states affected as to all severable matters.