Interstate Detainers Sample Clauses

Interstate Detainers. As pertains to the IAD, an interstate detainer has been described as “a notification filed with the institution in which a prisoner is serving a sentence, advising that he is wanted to face pending criminal charges in another jurisdiction.”1 Prosecuting authorities in the 1 Stone v. State, 344 Md. 97, 108 (1996) (quotation marks and citations omitted). Although the IAD itself does not define “detainer,” congressional reports concerning the IAD used this definition. See H.R. Rep. No. 91-1018 (1970); S. Rep. No. 91-1356 (1970). In other contexts, a detainer may be based on a pending charge for violation of parole or probation or a sentence already imposed against the prisoner in another jurisdiction, as well as pending criminal charges. See Carchman x. Xxxx, 473 U.S. 716, 719 (1985). The IAD, jurisdiction where the charges are pending may file a detainer with the institution in the jurisdiction where the prisoner is incarcerated to ensure that the prisoner, upon completing the term of incarceration, will be available to answer the pending charges. Prior to enactment of the IAD, there was no uniform method for managing an interstate detainer and resolving the charges on which it was based. Moreover, a detainer could be lodged without proof of the underlying charges, a judicial officer was not involved in issuing it, and the filing of a detainer did not obligate the jurisdiction that lodged it to take any further prosecutorial action. Xxxxx v. North Carolina, 395 F.2d 182, 187-88 (4th Cir. 1968). As a result, there sometimes arose “a practice of filing detainers based on untried criminal charges that had little basis.” Xxxxxxxx x. Xxxx, 473 U.S. 716, 729 (1985). This created the potential for abuse in which a detainer could be lodged against a prisoner, adversely affect the circumstances of the prisoner’s current incarceration,2 and later be withdrawn as the prisoner came to the end of that sentence. Even apart from the however, pertains only to detainers based on untried indictments, informations, or complaints.
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Interstate Detainers. DOC Specifications

Related to Interstate Detainers

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