KRS § 440.450 — KY Code / Title XL / Chapter 440 / Section 440.450
440.450 Interstate agreement on detainers
Status: in_force

440.450 Interstate agreement on detainers.

The agreement on detainers is hereby enacted into law and entered into by the

Commonwealth of Kentucky 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 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.

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 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.

ARTICLE III

(1) 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 within one hundred eighty (180) days 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.

(2) The written notice and request for final disposition referred to in paragraph (1)

hereof shall be given or sent by the prisoner to the warden, secretary 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 certified mail, return receipt

requested.

(3) The warden, secretary 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.

(4) Any request for final disposition made by a prisoner pursuant to paragraph (1)

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, secretary 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.

(5) Any request for final disposition made by a prisoner pursuant to paragraph (1)

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 (4) 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.

(6) Escape from custody by the prisoner subsequent to his execution of the

request for final disposition referred to in paragraph (1) hereof shall void the request.

ARTICLE IV

(1) 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(1) 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.

(2) Upon receipt of the officer's written request as provided in paragraph (1)

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.

(3) 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.

(4) 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 (1) 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.

(5) 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(5) 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

(1) 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.

(2) The officer or other representative of a state accepting an offer of temporary

custody shall present the following upon demand:

(a) Proper identification and evidence of his authority to act for the state into

whose temporary custody the prisoner is to be given.

(b) 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.

(3) 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.

(4) 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.

(5) At the earliest practicable time consonant with the purposes of this agreement,

the prisoner shall be returned to the sending state.

(6) 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.

(7) 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.

(8) 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

(1) 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.

(2) 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

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.