2006 Minnesota Statutes

629.292 UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT.
    Subdivision 1. Request for disposition; notification of prisoner. (a) Any person who is
imprisoned in a penal or correctional institution or other facility in the Department of Corrections
of this state may request final disposition of any untried indictment or complaint pending against
the person in this state. The request shall be in writing addressed to the court in which the
indictment or complaint is pending and to the prosecuting attorney charged with the duty of
prosecuting it, and shall set forth the place of imprisonment.
(b) The commissioner of corrections or other official designated by the commissioner having
custody of prisoners shall promptly inform each prisoner in writing of the source and nature of
any untried indictment or complaint against the prisoner of which the commissioner of corrections
or such official had knowledge or notice and of the prisoner's right to make a request for final
disposition thereof.
(c) Failure of the commissioner of corrections or other such official to inform a prisoner,
as required by this section, within one year after a detainer has been filed at the institution shall
entitle the prisoner to a final dismissal of the indictment or complaint with prejudice.
    Subd. 2. Procedure on receipt of request. The request shall be delivered to the
commissioner of corrections or other official designated by the commissioner having custody of
the prisoner, who shall forthwith:
(a) certify the term of commitment under which the prisoner is being held, the time already
served on the sentence, the time remaining to be served, the good time earned, the time of
parole eligibility of the prisoner, and any decisions of the commissioner of corrections relating
to the prisoner; and
(b) send by registered or certified mail, return receipt requested, one copy of the request and
certificate to the court and one copy to the prosecuting attorney to whom it is addressed.
    Subd. 3. Time of trial. Within six months after the receipt of the request and certificate by the
court and prosecuting attorney, or within such additional time as the court for good cause shown
in open court may grant, the prisoner or counsel being present, the indictment or information shall
be brought to trial; but the parties may stipulate for a continuance or a continuance may be granted
on notice to the attorney of record and opportunity for the attorney to be heard. If, after such a
request, the indictment or information is not brought to trial within that period, no court of this
state shall any longer have jurisdiction thereof, nor shall the untried indictment or information be
of any further force or effect, and the court shall dismiss it with prejudice.
    Subd. 4. Effect of escape. Escape from custody by any prisoner subsequent to the prisoner's
execution of a request for final disposition of an untried indictment or information voids the
request.
    Subd. 5. Notification of existence of procedure. The commissioner of corrections or other
official designated by the commissioner having custody of prisoners shall arrange for all prisoners
to be informed in writing of the provisions of this section, and for a record thereof to be placed
in the prisoner's file.
    Subd. 6. Uniformity. This section shall be so construed as to effectuate its general purpose
to make uniform the law of those states which enact it.
    Subd. 7. Citation. This section may be cited as the Uniform Mandatory Disposition of
Detainers Act.
History: 1967 c 294 s 1-7; 1973 c 654 s 15; 1975 c 271 s 6; 1983 c 274 s 18; 1985 c 265
art 10 s 1; 1986 c 444; 1990 c 604 art 9 s 11