730 ILCS 5/3-8-9
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter III - Department Of Corrections

 (from Ch. 38, par. 1003-8-9)Sec. 3-8-9.     Agreement on Detainers.     (a) 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:    ARTICLE IThe 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 IIAs 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 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 a 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 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 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 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 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 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 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.(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 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.(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 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.(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 the 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 VIIEach 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 VIIIThis 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 IXThis 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.(b) "Appropriate court" as used in this Section with reference to the  courts of this State means circuit courts.(c) 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 purpose.(d) Section 3-6-4 shall apply to offenders while in the custody of  another state under this Section.(e) It shall be lawful and mandatory upon the chief administrative  officer or other official in charge of a penal or correctional institution  in this State to give over the person of any inmate thereof whenever so  required by the operation of the Agreement on Detainers.(f) The Director of the Department of Corrections shall be the officer  designated under Article VII of the Agreement on Detainers.(g) Copies of this act shall, upon its approval, be transmitted to the  governor of each state, the attorney general and the administrator of  general services of the United States, and the council of State Governments.    (Source: P.A. 77-2097.)