629.294 INTERSTATE AGREEMENT ON DETAINERS.
Subdivision 1. Agreement.
The agreement on detainers is enacted into law and entered into
by this state with all other jurisdictions legally joining in it in the form substantially as follows:
The contracting states solemnly agree that:
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
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.
(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 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.
(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 grounds 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.
(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
(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.
(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.
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.
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 inmates or by state officers at the time such withdrawal takes
effect, nor shall it affect their rights in respect thereof.
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.
Subd. 2. Appropriate court.
"Appropriate court" as used in the agreement on detainers
means the district court.
Subd. 3. Enforcement.
Courts, agencies, and employees of this state and its political
subdivisions shall enforce the agreement on detainers and cooperate with one another and with
other party states in enforcing the agreement and carrying out its purpose.
Subd. 4. Habitual offenders.
Neither this section nor the agreement on detainers requires the
application of a habitual offenders law to a person on account of a conviction had in a proceeding
brought to final disposition by reason of the agreement.
Subd. 5. Escapes.
Whoever departs without lawful authority from custody while in another
state under the agreement on detainers is considered to have escaped and may be punished as
provided in section
609.485, subdivision 4
Subd. 6. Delivery of inmate.
The chief executive officer of a correctional institution in this
state shall give over an inmate whenever required to do so by the agreement on detainers.
Subd. 7. Administration.
The commissioner of corrections or his designee is the central
administrator and information agent for the agreement on detainers.
Subd. 8. Distribution of copies of act.
Copies of this act must, 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.
History: 1967 c 94 s 1; 1985 c 265 art 10 s 1