NY Crim Pro L § 580.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title Q - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants Not Securable by Conventional Means--and Related Matters Article 580 - Securing Attendance of Defendants Confined as Prisoners in Institutions of Other Jurisdictions of the United States--Rendition to Other J 580.20 - Agreement on Detainers.

§ 580.20  Agreement on detainers.   The agreement on detainers is hereby enacted into law and entered into by  this  state  with all other jurisdictions legally joining therein in the form substantially as follows:                     TEXT OF THE AGREEMENT ON DETAINERS 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:  (a)    "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.  (b)    "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.  (c)    "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  (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 eighty 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.  (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 correction or other official having custody of him, 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 correction 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.  (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 correction 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 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.  (f)    Escape from custody by the prisoner subsequent to his execution 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 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 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  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 one hundred 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 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.                                  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 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 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  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 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.                                 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.                                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 incarcerated individuals or by state officers at the time such withdrawal takes effect,  nor  shall  it affect their rights in respect thereof.                                ARTICLE IX   1.    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.   2.    The  phrase  "appropriate  court"  as  used  in the agreement on detainers shall, with reference to the courts of this  state,  mean  any court with criminal jurisdiction.   3.   All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce  the agreement  on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purposes.   4.   Escape from custody  while  in  another  state  pursuant  to  the agreement  on  detainers shall constitute an offense against the laws of this state to  the  same  extent  and  degree  as  an  escape  from  the institution  in  which  the  prisoner  was confined immediately prior to having been sent to another state pursuant  to  the  provisions  of  the agreement  on detainers and shall be punishable in the same manner as an escape from said institution.   5. It shall be lawful and mandatory upon the warden or other  official in  charge  of a penal or correctional institution in this state to give over the person of  any  incarcerated  individual  thereof  whenever  so required by the operation of the agreement on detainers.   6.    The  governor is hereby authorized and empowered to designate an administrator who shall perform the duties and  functions  and  exercise the powers conferred upon such person by Article VII of the agreement on detainers.   7.  In order to implement Article IV(a) of the agreement on detainers, and  in  furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon receipt  of  the  officer's written  request, notify the prisoner and the governor in writing that a request for temporary custody has been made and such notification  shall describe  the  source  and  contents  of said request.   The authorities having custody of the prisoner shall also advise him in writing  of  his rights to counsel, to make representations to the governor within thirty days, and to contest the legality of his delivery.