Legal Definitions - Interstate Agreement on Detainers Act

The Interstate Agreement on Detainers Act is a formal legal agreement among the federal government, most U.S. states, and the District of Columbia. Its primary purpose is to establish a clear, cooperative process for one participating jurisdiction (a state or the federal government) to temporarily obtain custody of a person who is already incarcerated in another participating jurisdiction. This allows the requesting jurisdiction to bring the prisoner to trial on outstanding criminal charges.

A crucial protection under this Act is that if a prisoner becomes aware of charges pending against them in another jurisdiction and makes a written request to resolve those charges, the requesting jurisdiction generally has 180 days from the date of that request to bring the prisoner to trial. This provision helps ensure that prisoners are not held indefinitely with unresolved charges, which could impact their parole eligibility or rehabilitation efforts.

• Example 1: State-to-State Transfer for New Charges

  Scenario: A man named Alex is serving a three-year sentence in a Florida state prison for burglary. While he is incarcerated, detectives in Georgia identify him as the perpetrator of an unsolved armed robbery that occurred in their state before Alex's arrest in Florida. Georgia prosecutors want to bring Alex to trial for the robbery charges.

  Explanation: Under the Interstate Agreement on Detainers Act, Georgia, as a participating state, can formally request temporary custody of Alex from Florida. Florida would then transfer Alex to Georgia for his trial. If Alex learns about the Georgia charges and requests a speedy trial, Georgia would typically have 180 days to try him. Once the Georgia legal proceedings are complete, Alex would be returned to Florida to finish his original sentence.

• Example 2: Prisoner Initiates Resolution of Old Charges

  Scenario: Maria is serving a lengthy sentence in a federal prison in California for a federal drug conspiracy. She discovers there's an old, unresolved warrant for a felony assault from eight years ago in Nevada, which she wants to clear to improve her chances for parole or to avoid future complications upon release.

  Explanation: Maria can invoke her rights under the Interstate Agreement on Detainers Act. She can make a written request to the Nevada authorities to resolve the outstanding charges. Once Nevada receives this request, they are obligated to either drop the charges or bring Maria to trial within 180 days. This allows Maria to proactively address the old legal matter while incarcerated, rather than having it linger indefinitely.

• Example 3: Federal Prisoner with State Charges

  Scenario: John is serving a sentence in a federal correctional facility in New York for a federal counterfeiting conviction. Before his federal arrest, he was also implicated in a state-level grand larceny in Massachusetts. Massachusetts authorities issue a detainer, indicating their intent to bring him to trial for the larceny.

  Explanation: Because both the federal government and Massachusetts are parties to the Interstate Agreement on Detainers Act, Massachusetts can use the Act to request temporary custody of John from the federal prison. He would be transported to Massachusetts for his trial on the state grand larceny charges. If he requests a trial, Massachusetts must comply with the 180-day deadline. After the trial, he would be returned to federal custody to complete his federal sentence.