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Session Laws, 1965
Volume 676, Page 866   View pdf image (33K)
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866                                LAWS OF MARYLAND                       [CH. 627

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 IV shall be construed to
deprive any prisoner of any right which he may have to contest the
legality of his delivery as provided in sub-section (a) hereof, but
such delivery may not be opposed or denied on the ground that the
executive authority of the sending state has not affirmatively con-
sented 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.

ARTICLE V
616F.

(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 au-
thority 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 HI 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 com-
plaint 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


 

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Session Laws, 1965
Volume 676, Page 866   View pdf image (33K)
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