UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT

Transcription

1 UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its ANNUAL CONFERENCE MEETING IN ITS SIXTY-SEVENTH YEAR LOS ANGELES, CALIFORNIA AUGUST 18-23, 1958 WITHOUT PREFATORY NOTE Copyright 1958 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS *The Executive Committee changed the designation of the Mandatory Disposition of Detainers Act (1958) from uniform to model as approved by the Executive Committee on July 16, 1996.

2 UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT JAMES K. NORTHAM, 827 Lemcke Bldg., Indianapolis, IN, Chairman. JAMES T. HARRISON, Supreme Court, Helena, MT LAWRENCE C. JONES, Rutland, VT ARIE POLDERVAART, University of New Mexico Law School, Albuquerque, NM J. COLWVN WRIGHT, Judge of the Superior Court, Bedford, PA Copies of this act may be obtained from: NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS 111 N. Wabash Ave., Suite 1010 Chicago, IL /

3 UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT PREFATORY NOTE 1. History and Need. At the instance of the Parole and Probation Compact Administrators Association, a Joint Committee on Detainers, was organized with representation from that body, the National Association of Attorneys General, the Section on Criminal Law of the American Bar Association, the National Conference of Commissioners on Uniform State Laws, and the American Correctional Association. The report of that Joint Committee set forth the problems inherent in detainers (i.e., warrants filed against persons already in custody) and recommended a set of guiding principles to govern public officials but did not approach the problem by drafting suggested legislation. Later, on the recommendation of the New York Joint Legislative Committee on Interstate Cooperation, the Council of State Governments undertook to revive the machinery of the old Joint Committee to re-examine the problem. In addition to the members of the old Committee, other organizations were asked to attend meetings and help formulate legislation, respecting (1) authority to parole to a detainer, (2) merger of sentence, (3) mandatory disposition of detainers within a state, and (4) an interstate compact or agreement to authorize mandatory disposition of detainers which are interstate in nature, with participation by the Federal government. This Committee met three times and numerous suggestions were made from time to time to improve the preliminary drafts. Our Conference was represented on at least one of the drafting sessions. While the entire field of suggested legislation is of importance to the states, and may sometime become an appropriate subject for development by the Conference, we are now concerned only with the mandatory disposition of detainers. California has devised a method of obtaining prompt disposition of detainers by providing that prosecuting officials, upon the request of the prisoner, must move forward with trial of the charge which caused the detainer. Failing to do so within a reasonable time automatically brings about a dismissal of such charge and withdrawal of the detainer. This procedure is available to the prisoner both with regard to detainers lodged at the time imprisonment commences or during the continuance of the term of imprisonment. In other words, a sort of statute of limitations is applied to detainers to the end that valid charges will be ripened into trials whereas detainers merely lodged on suspicion or less will be dismissed. Competent authorities estimate that as many as 50% of warrants now lodged against prisoners are never intended to be prosecuted. 1

4 UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT SECTION 1. (a) Any person who is imprisoned in a penal or correctional institution of this state may request final disposition of any untried [indictment, information or complaint] pending against him in this state. The request shall be in writing addressed to the court in which the [indictment, information or complaint] is pending and to the [prosecuting official] charged with the duty of prosecuting it, and shall set forth the place of imprisonment. (b) The [warden, commissioner of corrections or other official] having custody of prisoners shall promptly inform each prisoner in writing of the source and nature of any untried [indictment, in formation or complaint] against him of which the [warden, commissioner of corrections or other official] had knowledge [or notice] and of his right to make a request for final disposition thereof. (c) Failure of the [warden, commissioner of corrections or other official] to inform a prisoner, as required by this section, within one year after a detainer has been filed at the institution shall entitle him to a final dismissal of the [indictment, information or complaint] with prejudice. SECTION 2. The request shall be delivered to the [ warden, commissioner of corrections or other officials] having custody of the prisoner, who shall forthwith (1) 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 [state parole agency] relating to the prisoner; and (2) 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 official] to whom it is addressed. 2

5 SECTION 3. Within [ninety days] after the receipt of the request and certificate by the court and [prosecuting official] or within such additional time as the court for good cause shown in open court may grant, the prisoner or his counsel being present, the [indictment, information or complaint] 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 him to be heard. If, after such a request, the [indictment information or complaint] is not brought to trial within that period, no court of this state shall any longer have jurisdiction thereof, nor shall the untried [indictment, information or complaint] be of any further force or effect, and the court shall dismiss it with prejudice. SECTION 4. Escape from custody by any prisoner subsequent to his execution of a request for final disposition of an untried [indictment, information or complaint] voids the request. SECTION 5. This Act does not apply to any person adjudged to be mentally ill [ or a defective delinquent]. SECTION 6. The [ warden, commissioner of corrections or other official] having custody of prisoners shall arrange for all prisoners to be informed in writing of the provisions of this Act, and for a record thereof to be placed in the prisoner's file. SECTION 7. This Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. SECTION 8. This Act may be cited as the Uniform Mandatory Disposition of Detainers Act. 3

6 [SECTION 9. The following acts and parts of acts are hereby repealed: (a) (b) (c) [SECTION 10. This Act shall take effect... ]. 4