2023 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.