§ 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.)