                                 CODE OF VIRGINIA

AGREEMENT ENTERED INTO AND ENACTED INTO LAW (§ 53.1-210)

The Agreement on Detainers is hereby enacted into law and entered into by this
Commonwealth with all other jurisdictions legally joining therein in the form
substantially as follows:
		THE AGREEMENT ON DETAINERS
		The contracting states solemnly agree:
		ARTICLE I.
		The party states find that charges outstanding against a prisoner, detainers
based on untried indictments, informations or complaints, and difficulties in
securing speedy trials of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and
rehabilitation. Accordingly, it is the policy of the party states and the
purpose of this agreement to encourage the expeditious and orderly disposition
of such charges and determination of the proper status of any and all detainers
based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges and detainers, when
emanating from another jurisdiction, cannot properly be had in the absence of
cooperative procedures. It is the further purpose of this agreement to provide
such cooperative procedures.
		As used in this agreement:
		ARTICLE II.

a. &#8220;State&#8221; shall mean a state of the United States; the United
States of America; a territory or possession of the United States; the District
of Columbia; the Commonwealth of Puerto Rico.

b. &#8220;Sending state&#8221; shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final disposition
pursuant to Article III hereof or at the time that a request for custody or
availability is initiated pursuant to Article IV hereof.

c. &#8220;Receiving state&#8221; shall mean the state in which trial is to be
had on an indictment, information or complaint pursuant to Article III or
Article IV hereof.
			ARTICLE III.

a. Whenever a person has entered upon a term of imprisonment in a penal or
correctional institution of a party state, and whenever during the continuance
of the term of imprisonment there is pending in any other party state any
untried indictment, information or complaint on the basis of which a detainer
has been lodged against the prisoner, he shall be brought to trial within 180
days after he shall have caused to be delivered to the prosecuting officer and
the appropriate court of the prosecuting officers&#8217; jurisdiction written
notice of the place of his imprisonment and his request for a final disposition
to be made of the indictment, information or complaint; provided that for good
cause 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. The request of the prisoner shall be accompanied by a certificate
of the appropriate official having custody of the prisoner, 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.

b. The written notice and request for final disposition referred to in paragraph
(a) hereof shall be given or sent by the prisoner to the warden, commissioner of
corrections or other official having custody of him, who shall promptly forward
it together with the certificate to the appropriate prosecuting official and
court by registered or certified mail, return receipt requested.

c. The warden, commissioner of corrections or other official having custody of
the prisoner shall promptly inform him of the source and contents of any
detainer lodged against him and shall also inform him of his right to make a
request for final disposition of the indictment, information or complaint on
which the detainer is based.

d. Any request or final disposition made by a prisoner pursuant to paragraph (a)
hereof shall operate as a request for final disposition of all untried
indictments, informations or complaints on the basis of which detainers have
been lodged against the prisoner from the state to whose prosecuting official
the request for final disposition is specifically directed. The warden,
commissioner of corrections or other officials having custody of the prisoner
shall forthwith notify all appropriate prosecuting officers and courts in the
several jurisdictions within the state to which the prisoner&#8217;s request for
final disposition is being sent of the proceeding being initiated by the
prisoner. Any notification sent pursuant to this paragraph shall be accompanied
by copies of the prisoner&#8217;s written notice, request, and the certificate.
If trial is not had on any indictment, information 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 paragraph
(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
paragraph (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
imprisonment 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 effectuate the purposes of this
agreement and a further consent voluntarily to be returned to the original place
of imprisonment in accordance with the provisions of this agreement. Nothing in
this paragraph shall prevent the imposition of a concurrent sentence if
otherwise permitted by law.

f. Escape from custody by the prisoner subsequent to his execution of the
request for final disposition referred to in paragraph (a) hereof shall void the
request.
			ARTICLE IV.

a. The appropriate officer of the jurisdiction in which an untried indictment,
information or complaint is pending shall be entitled to have a 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 written request for temporary custody or availability to the
appropriate authorities of the state in which the prisoner is incarcerated;
provided that the court having jurisdiction of such indictment, information 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 availability, either upon his own motion or upon motion of the
prisoner.

b. Upon receipt of the officer&#8217;s written request as provided in paragraph
(a) hereof, 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. Said 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. In respect of any proceeding made possible by this article, 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 his counsel being
present, the court having jurisdiction of the matter may grant any necessary or
reasonable continuance.

d. Nothing contained in this article shall be construed to deprive any prisoner
of any right which he may have to contest the legality of his delivery as
provided in paragraph (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 consented to or ordered such delivery.

e. If trial is not had on any indictment, information or complaint contemplated
hereby prior to the prisoner&#8217;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.

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 authority 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 III 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&#8217;s presence in federal custody at the place of 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 complaint 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 for prosecution on any other charge or charges arising
out of the same transaction. Except for his attendance at court and while being
transported to or from any place at which his presence may be required, the
prisoner shall be held in a suitable jail or other facility regularly used for
persons awaiting prosecution.

e. At the earliest practicable time consonant with the purposes of this
agreement, the prisoner shall be returned to the sending state.

f. During the continuance or temporary custody or while the prisoner is
otherwise being made available for trial as required by this agreement, time
being served on the sentence shall continue to run but good time shall be earned
by the prisoner only if, and to the extent that, the law and practice of the
jurisdiction which imposed the sentence may allow.

g. For all purposes other than that for which temporary custody as provided in
this agreement is exercised, the prisoner shall be deemed to remain in the
custody of and subject to the jurisdiction of the sending state and any escape
from temporary custody may be dealt with in the same manner as an escape from
the original place of imprisonment or in any other manner permitted by law.

h. From the time that a party state receives custody of a prisoner pursuant to
this agreement until such prisoner is returned to the territory and custody of
the sending state, the state in which the one or more untried indictments,
informations or complaints are pending or in which trial is being had shall be
responsible for the prisoner and shall also pay all costs of transporting,
caring for, keeping and returning the prisoner. The provisions of this paragraph
shall govern unless the states concerned shall have entered into a supplementary
agreement providing for a different allocation of costs and responsibilities as
between or among themselves. Nothing herein contained shall be construed to
alter or affect any internal relationship among the departments, agencies and
officers of and in the government of a party state, or between a party state and
its subdivisions, as to the payment of costs, or responsibilities therefor.
			ARTICLE VI.

a. In determining the duration and expiration dates of the time periods provided
in Articles III and IV of this agreement, the running of said time periods shall
be tolled whenever and for as long as the prisoner is unable to stand trial, as
determined by the court having jurisdiction of the matter.

b. No provision of this agreement, and no remedy made available by this
agreement, shall apply to any person who is adjudged to be mentally ill.
			ARTICLE VII.
			Each state party to this agreement shall designate an officer who, acting
jointly with like officers of other party states, shall promulgate rules and
regulations to carry out more effectively the terms and provisions of this
agreement, and who shall provide, within and without the state, information
necessary to the effective operation of this agreement.
			ARTICLE VIII.
			This agreement shall enter into full force and effect as to a party state
when such state has enacted the same into law. A state party to this agreement
may withdraw herefrom by enacting a statute repealing the same. However, the
withdrawal of any state shall not affect the status of any proceedings already
initiated by inmates or by state officers at the time such withdrawal takes
effect, nor shall it affect their rights in respect thereof.
			ARTICLE IX.
			This agreement shall be liberally construed so as to effectuate its purposes.
The provisions of this agreement shall be severable and if any phrase, clause,
sentence or provision of this agreement is declared to be contrary to the
constitution of any party state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this agreement and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If
this agreement shall be held contrary to the constitution of any state party
hereto, the agreement shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as to all severable
matters.

HISTORY: Code 1950, § 53-304.1; 1970, c. 407; 1982, c. 636.