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Subchapter 001: INTERSTATE AGREEMENT ON DETAINERS
§ 1501. Purpose and policy—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 trial 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. (Added 1967, No. 47, § 1, eff. March 23, 1967.)
§ 1502. Definitions—Article II
As used in this agreement:
(1) “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.
(2) “Sending state” shall mean a state in which a prisoner is incarcerated at the time
that he or she 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.
(3) “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. (Added 1967, No. 47, § 1, eff. March 23, 1967.)
§ 1503. Prisoner’s request for final disposition—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
or she shall be brought to trial within 180 days after he or she 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 or her imprisonment and
his or her 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
or her 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 or her, 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 or her of the source and contents of any detainer lodged
against him or her and shall also inform him or her of his or her 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 waiver
of extradition to the receiving state to serve any sentence there imposed upon him
or her, after completion of his or her 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 or her body in any court where his or her 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 or her execution of the request
for final disposition referred to in paragraph (a) hereof shall void the request. (Added 1967, No. 47, § 1, eff. March 23, 1967.)
§ 1504. Officer’s request for temporary custody—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 or she
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
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 or her 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 120 days of the arrival of the prisoner in the receiving state, but for good
cause shown in open court, the prisoner or his or her 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 or she may have to contest the legality of his or her 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. (Added 1967, No. 47, § 1, eff. March 23, 1967.)
§ 1505. Requirements of temporary custody—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:
(1) Proper identification and evidence of his or her authority to act for the state into
whose temporary custody the prisoner is to be given.
(2) 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 period provided in Article III or Article IV hereof, 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 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 or her attendance at court and while being transported to or from any
place at which his or her 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 purposes 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 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. (Added 1967, No. 47, § 1, eff. March 23, 1967.)
§ 1506. Limitations—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. (Added 1967, No. 47, § 1, eff. March 23, 1967.)
§ 1507. Rules and regulations—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. (Added 1967, No. 47, § 1, eff. March 23, 1967.)
§ 1508. Enactment and withdrawal—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. (Added 1967, No. 47, § 1, eff. March 23, 1967.)
§ 1509. Construction and severability—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 circumstance 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
state affected as to all severable matters. (Added 1967, No. 47, § 1, eff. March 23, 1967.)
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Subchapter 002: PROVISIONS RELATING TO INTERSTATE AGREEMENT ON DETAINERS
§ 1531. Appropriate court
The phrase “appropriate court” as used in the Agreement on Detainers, with reference
to the courts of this State, means the Superior Court where the Vermont charge is
pending. (Added 1967, No. 47, § 2, eff. March 23, 1967; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 186.)
§ 1532. Enforcement
All courts, departments, agencies, officers, and employees of this State and its political
subdivisions shall enforce the Agreement on Detainers and cooperate with one another
and with other party states in enforcing the agreement and effectuating its purpose. (Added 1967, No. 47, § 3, eff. March 23, 1967.)
§ 1533. Exception to habitual criminal law
Nothing in this subchapter or in the Agreement on Detainers shall be construed to
require the application of 13 V.S.A. § 11, the habitual criminal law, to any person on account of any conviction had in a proceeding
brought to final disposition by reason of the use of this agreement. (Added 1967, No. 47, § 4, eff. March 23, 1967.)
§ 1534. Escape while under agreement; penalty
A person who escapes from custody while in another state under the Agreement on Detainers
shall be punished under 13 V.S.A § 1501 as though he or she had escaped from a penal institution in this State. (Added 1967, No. 47, § 5, eff. March 23, 1967.)
§ 1535. Correctional officials; duty
The warden or other official in charge of a penal or correctional institution in this
State shall give over the person of any inmate thereof whenever so required by the
operation of the Agreement on Detainers. (Added 1967, No. 47, § 6, eff. March 23, 1967.)
§ 1536. Administrator
The Commissioner of Corrections shall serve as central administrator of and information
agent for the Agreement on Detainers. (Added 1967, No. 47, § 7, eff. March 23, 1967; amended 1967, No. 319 (Adj. Sess.), § 4, eff. March 22, 1968.)
§ 1537. Notification of agreement
Copies of this chapter shall, upon its approval, be transmitted to the governor of
each state, the attorney general and the administrator of general services of the
United States, and the Council of State Governments. (Added 1967, No. 47, § 8, eff. March 23, 1967.)