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Session Laws, 1999
Volume 796, Page 722   View pdf image
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APPROPRIATE AUTHORITIES BEFORE THE REQUEST BE HONORED, WITHIN WHICH
PERIOD THE GOVERNOR OF THE SENDING STATE MAY DISAPPROVE THE REQUEST
FOR TEMPORARY CUSTODY OR AVAILABILITY EITHER UPON THE GOVERNOR'S OWN
MOTION OR UPON MOTION OF THE PRISONER

(B) CERTIFICATE ISSUED BY AUTHORITIES HAVING CUSTODY OF PRISONER;
NOTICE TO OTHERS WHO HAVE LODGED DETAINERS.

UPON RECEIPT OF THE OFFICER'S WRITTEN. REQUEST AS PROVIDED UNDER
SUBSECTION (A) OF THIS SECTION, THE APPROPRIATE AUTHORITIES HAVING THE
PRISONER IN CUSTODY SHALL FURNISH THE OFFICER WITH A CERTIFICATE 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 THE AUTHORITIES SIMULTANEOUSLY SHALL FURNISH ALL OTHER
OFFICERS AND APPROPRIATE COURTS IN THE RECEIVING STATE WHO HAVE LODGED
DETAINERS AGAINST THE PRISONER WITH SIMILAR CERTIFICATES AND WITH
NOTICES INFORMING THEM OF THE REQUEST FOR CUSTODY OR AVAILABILITY AND
OF THE REASONS THEREFOR.

(C) TIME FOR TRIAL TO COMMENCE; AUTHORITY OF COURT TO GRANT
CONTINUANCE.

IN RESPECT OF ANY PROCEEDING MADE POSSIBLE BY THIS SECTION (ARTICLE
IV OF THE AGREEMENT), TRIAL SHALL BE COMMENCED WITHIN 120 DAYS OF THE
ARRIVAL OF THE PRISONER IN THE RECEIVING STATE, BUT FOR GOOD CAUSE SHOWN
IN OPEN COURT, THE PRISONER OR THE PRISONER'S COUNSEL BEING PRESENT, THE
COURT HAVING JURISDICTION OF THE MATTER MAY GRANT ANY NECESSARY OR
REASONABLE CONTINUANCE.

(D) CONTESTING LEGALITY OF DELIVERY OF PRISONER.

NOTHING CONTAINED IN THIS SECTION (ARTICLE IV OF THE AGREEMENT)
SHALL BE CONSTRUED TO DEPRIVE ANY PRISONER OF ANY RIGHT THAT THE
PRISONER MAY HAVE TO CONTEST THE LEGALITY OF THE PRISONER'S DELIVERY
UNDER SUBSECTION (A) OF THIS SECTION, BUT THE DELIVERY MAY NOT BE OPPOSED
OR DENIED ON THE GROUND THAT THE EXECUTIVE AUTHORITY OF THE SENDING
STATE HAS NOT AFFIRMATIVELY CONSENTED TO OR ORDERED THE DELIVERY.

(E) DISMISSAL OF INDICTMENT, INFORMATION, OR COMPLAINT.

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 UNDER § 8-407(E) OF THIS SUBTITLE (ARTICLE V
(E) OF THE AGREEMENT), THE INDICTMENT, INFORMATION, OR COMPLAINT SHALL
NOT BE OF ANY FURTHER FORCE OR EFFECT, AND THE COURT SHALL ENTER AN
ORDER DISMISSING THE INDICTMENT, INFORMATION, OR COMPLAINT WITH
PREJUDICE.

REVISOR'S NOTE: This section formerly was Art. 27, § 616E.

 

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Session Laws, 1999
Volume 796, Page 722   View pdf image
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