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Session Laws, 1965
Volume 676, Page 865   View pdf image (33K)
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J. MILLARD TAWES, Governor                        865

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 sub-section (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 sub-section (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 imprison-
ment 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 effec-
tuate the purposes of this agreement and a further consent volun-
tarily to be returned to the original place of imprisonment in accord-
ance with the provisions of this agreement. Nothing in this sub-
section shall prevent the imposition of a concurrent sentence if
otherwise permitted by law.

(f)  Escape from custody by the prisoner subsequent to his execu-
tion of the request for final disposition referred to in sub-section (a)
hereof shall void the request.

ARTICLE IV
616E.

(a)  The appropriate officer of the jurisdiction in which AN untried
indictment, information or complaint is pending shall be entitled to
have
a THE 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 writ-
ten request for temporary custody or availability to the appropriate
authorities of the state in which the prisoner is incarcerated;
: pro-
vided that the court having jurisdiction of such indictment, informa-
tion or complaint shall have duly approved, recorded and transmitted
the request;: and provided further that there shall be a period of
thirty 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 avail-
ability either upon his own motion or upon motion of the prisoner.

(b)   Upon receipt of the officer's written request as provided in
paragraph
SUB-SECTION (a) hereof, the appropriate authorities
having the prisoner in custody shall furnish the officer with a certifi-
cate 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 certifi-
cates 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 one hundred twenty days of the
arrival of the prisoner in the receiving state, but for good cause


 

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Session Laws, 1965
Volume 676, Page 865   View pdf image (33K)
 Jump to  
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