Interstate Agreement On Detainers Forms California

(b) Nothing in this Agreement or any remedy available under this Agreement shall apply to persons found to be mentally ill. The administrator, Interstate Probation and Parole Compacts, manages this agreement. This Convention shall enter into force in its entirety for a Contracting State, if that State has brought it into force. A State Party to this Convention may resign from it by enacting a law which abolishes the same thing. However, the withdrawal of a State shall not affect the status of proceedings already initiated by prisoners or State officials at the time of the entry into force of such withdrawal and shall not affect their rights in this regard. (h) from the date on which a State Party detains a prisoner under this Agreement until he or she is repatriated to the territory and detention of the sending State, the State in which one or more unsolved charges, information or complaints are pending or proceedings are initiated shall be responsible for the prisoner and shall also bear all costs of transportation; Care, conservation and restitution of the prisoner. This paragraph, unless the States concerned have concluded an addendum providing for a different allocation of costs and competences between themselves or between them. Nothing in this document shall be interpreted in such a way as to alter or affect the internal relations between the departments, agencies and officials of a partial State or between a State Party and its subdivisions with regard to the payment of costs or the responsibilities associated with them. (e) Any request for a final injunction from a prisoner in accordance with subparagraph (a) shall also be considered as a waiver of extradition in respect of a charge or proceeding contemplated or contained in that paragraph, and as a waiver of extradition to the receiving State to serve a sentence imposed on it; at the end of his sentence in the sending State. The request for a final decision shall also constitute the prisoner`s consent to the display of his body before any court where his presence may be necessary to achieve the objectives of this Agreement and an additional agreement for voluntary return to the original place of detention, in accordance with the provisions of this Agreement. Nothing in this paragraph precludes the imposition of a simultaneous sentence if permitted by law.

Any person who has been detained in a prison or institution of that State and who escapes the detention of an official of that State or of another State in another State under the Prisoners Agreement shall be considered a violation of Section 4530 and shall be punishable under this Agreement. The term “appropriate jurisdiction”, as used in the Prisoners` Agreement, means, with respect to the courts of that State, the court before which the indictment, information or complaint is filed. Applicability of the Agreement: The Agreement applies only to “a person who has served a sentence of imprisonment in a penitentiary or penitentiary establishment” (Articles III (a) and IV (a)) and therefore does not apply to a person awaiting trial. See United States vs. Reed, 620 F.2d 709, 711-12 (9th Cir.), certificate refused, 449 U.p. 880 (1980); United States v. Evans, 423 F. Supp.

528, 531 (S.D.N.Y. 1976), aff`d, 556 F.2d 561 (2d Cir. 1977). Since the agreement only applies to a prisoner based on an “indictment, information or complaint” during which a “procedure” is required (Articles III (a) and IV (a)), the agreement does not apply to a prisoner based on a probation warrant. . . .