An Act to enact the Interstate Agreement on Detainers into law.
PL 91-538 (H.R.6951), enacted 12/09/1970

84 STAT. ] 
PUBLIC LAW 91-538-DEC. 9, 1970 
1397 
SEC. 4. (a) The Act entitled "An Act to establish a code of law 
for the District of Columbia", approved March 3,1901 (31 Stat. 1189), 
is amended— 
(1) by striking out section 1261 (D.C. Code, sec. 34-103) and 
by redesignating sections 1263 and 1264 as 1261 and 1262, respec-
tively; and 
(2) ] ^ striking out in the section redesignated as section 1261 
(D.C. Code, sec. 34-104) "by any of the last three sections" and 
inserting in lieu thereof "by section 1260". 
(b) The Act entitled "An Act establishing the liability of hotel 
Repeal. 
proprietors and innkeepers in the District of Columbia", approved 
December 21, 1920 (D.C. Code, sees. 34-101 and 34-102), is repealed, 
^i stat. losi. 
Approved December 8, 1970. 
Public Law 91-538 
AN 
A C T 
rt.i> 
rt.«^j. 
December 9, 1970 
To enact the Interstate Agreement on Detainers into law. 
[H. R. 6951] 
Be it enacted hy the Seriate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may interstate 
be cited as the "Interstate Agreement on Detainers Act". 
Detai^^rs A^t. 
SEC. 2. The Interstate Agreement on Detainers is hereby enacted 
into law and entered into by the United States on its own behalf and 
on behalf of the District of Columbia with all jurisdictions legally 
joining in substantially the following form: 
"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 determina-
tion 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. 
1398 
PUBLIC L
A
W 91-538-DEC. 9, 1970 
[84 STAT. 
''As usid in this agrtement: 
"(a) 'State' shall mean a State of tine United States; the United 
States of America I a territory or possession of the United States; 
the District of Columbia; the Commonwealth of Puerto Rico. 
"(b) 'Sending State' shall mean a State in which a prisoner is 
incarcerated at the time that he initiates a request for final disposi-
tion pursuant to article III hereof or at the time that a request for 
custody or availability is initiated pursuant to article IV hereof. 
"(cj '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. 
"ARTIOLB 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 within one hundred and 
eighty days after he shall have caused to be delivered to the prosecuting 
omcer and the appropriate court of the prosecuting officer's jurisdic-
tion 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 or the 
prisoner, and any decision 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 nim, who shall promptly forward it together with the 
certificate to the appropriate prosecuting official and court by reg-
istered 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 
84 STAT.] 
PUBLIC LAW 91-538-DEC. 9, 1970 
1399 
source and contents of any detainer lodged against him and shall 
also inform him of his right to make a rec[uest 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 paragrajph (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 prisoners request for final disposition 
is being sent of the prooeeding 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 extradi-
tion wnth 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 send-
ing 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 imposi-
tion of a concurrent sentence if otherwise permitted by law. 
"(f) Escape from custody by the prisoner subsequent to his execu-
tion 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 
1400 
PUBLIC LAW 91-538-DEC. 9, 1970 
[84 STAT. 
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: ATUI provided further, That there shall be a period of thirty 
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 request of the officer's written request as provided in 
paragraph (a) hereof, the appropriate authorities having the prisoner 
m 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 has lodgfed detainers 
against the prisoner with similar certificates and with notices inform-
ing 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 and twenty 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 com-
plaint 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 I I I 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 com-
plaint 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 I I I of this agreement. In 
the case of a Federal prisoner, the appropriate authority m the receiv-
ing State shall be entitled to temporary custody as provided by this 
agreement or to the prisoner's presence in Federal custody at the 
place of trial, whichever custodial arrangement may be approved by 
the custodian. 
84 STAT. ] 
PUBLIC LAW 91-538-DEC. 9, 1970 
1401 
"(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 authority to act for 
the State into whose temporary custody this prisoner is to be given. 
"(2) A duly certified copy of the indictment, information, or com-
plaint 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 tem-
porary custody of said person, or in the event that an action on the 
mdictment, information, or complaint on the basis of which the 
detainer has been lodged is not brought to trial within the period pro-
vided in article I I I 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 bailed 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 com-
plaints which form the basis of the detainer or detainers or for prose-
cution 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 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 send-
ing 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 transportingj caring for, keeping, and return-
ing the prisoner. The provisions of this paragraph shall govern unless 
the States concerned shall have entered into a supplementary agree-
ment 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 depart-
ments, 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. 
1402 
PUBLIC L
A
W 91-538-DEC. 9, 1970 
[84 STAT. 
"ARTICUI VI 
"(a) In determining the duration and exj)iration 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 repeal-
ing tl^ 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 ^vemment, 
agency, person, or circumstance is held invalid, the validitv 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." 
"Governor." 
g
^
^
^
,
^ 3^ rpj^g ^j,^ "Govemor" as used in the agreement on detainers 
shall mean with respect to the United States, the Attorney General, 
and with respect to the District of Columbia, the Commissioner of the 
District of Columbia, 
coufu"''"'""^^*'' 
SEC. 4. The term "appropriate court" as used in the agreement on 
detainers shall mean with respect to the United States, the courts of 
the United States, and with respect to the District of Columbia, the 
courts of the District of Columbia, in which indictments, informations, 
or complaints, for which disposition is sought, are pending. 
SEC. 5. All courts, departments, agencies, officers, and employees of 
the United States and of the District of Columbia are hereby directed 
to enforce the agreement on detainers and to cooperate "with one 
84 STAT.] 
PUBLIC L
A
W 91-539-DEC. 9, 1970 
1403 
another and with all party States in enforcing the agreement and effec-
tuating its purpose. 
SEC. 6. For the United States, the Attorney General, and for the 
District of Columbia, the Commissioner of the District of Columbia, 
shall establish such regulations, prescribe such forms, issue such 
instructions, and perform such other acts as he deems necessary for 
carrying out the provisions of this Act. 
SEC. 7. The right to alter, amend, or repeal this Act is expressly 
reserved. 
SEC. 8. This Act shall take effect on the ninetieth day after the date 
of its enactment. 
Approved December 9, 1970. 
Regulations. 
Effective date. 
Public Law 91-539 
AN ACT 
To authorize the Secretary of Defense to lend certain Army, Navy, and Air 
Force equipment and to provide transportation and other services to the 
Boy Scouts of America in connection with the World Jamboree of Boy 
Scouts to be held in Japan in 1971, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That (a) the Secre-
tary of Defense is hereby authorized, under such regulations as he may 
prescribe, to lend to the JBoy Scouts of America, for the use and accom-
modation of the approximately four thousand Scouts, Scouters, and 
officials who are to attend the World Jamboree, Boy Scouts, to be held 
in Japan in July and August 1971, such tents, cots, blankets, com-
missary equipment, flags, refrigerators, and other equipment and 
without reimBursement, furnish services and expendable medical sup-
plies, as may be necessary or useful to the extent that items are in stock 
and items or services are available. 
(b) Such equipment is authorized to be delivered at such time prior 
to the holding of such jamboree, and to be returned at such time after 
the close of such jamboree, as may be agreed upon by the Secretary 
of Defense and the Boy Scouts of America. No expense shall be 
incurred by the United States Government for the delivery, return, 
rehabilitation, or replacement of such equipment. 
(c) The Secretary of Defense, before delivering such property, shall 
take from the Boy Scouts of America, good and sufficient bond for the 
safe return of such property in good order and condition, and the 
whole without expense to the United States. 
SEC. 2. (a) The Secretary of Defense is hereby authorized under 
such regulations as he may prescribe, to provide, without expense to 
the United States Government, transportation from the United States 
or military commands overseas, and return, on vessels of the Military 
Sea Transportation Service or aircraft of the Military Air Transporta-
tion Service for (1) those Boy Scouts, Scouters, and officials certified 
by the Boy Scouts of America, as representing the Boy Scouts of 
America, at the jamboree referred to in the first section of this Act, 
and (2) the equipment and property of such Boy Scouts, Scouters, and 
officials and the property loaned to the Boy Scouts of America, by the 
Secretary of Defense pursuant to this Act to the extent that such 
transportation will not interfere with the requirements of military 
operations. 
December 9, 1970 
[H. R.15216] 
Boy Scouts. 
World Jamboree, 
military support. 
Equipment. 
Bond. 
Transportation 
services.