CODE OF CRIMINAL PROCEDURE CHAPTER 51.

FUGITIVES FROM JUSTICE

Art. 51.01. [997] [1088] [1051] Delivered up

A person in any other State of the United States charged with
treason or any felony who shall flee from justice and be found in
this State, shall on demand of the executive authority of the State
from which he fled, be delivered up, to be removed to the State
having jurisdiction of the crime.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.02. [998] [1089-1092] To aid in arrest

All peace officers of the State shall give aid in the arrest and
detention of a fugitive from any other State that he may be held
subject to a requisition by the Governor of the State from which he
fled.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.03. [999] [1090] [1053] Magistrate's warrant

When a complaint is made to a magistrate that any person within his
jurisdiction is a fugitive from justice from another State, he
shall issue a warrant of arrest directing a peace officer to
apprehend and bring the accused before him.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.04. [1000] [1091] [1054] Complaint

The complaint shall be sufficient if it recites:

1. The name of the person accused;

2. The State from which he has fled;

3. The offense committed by the accused;

4. That he has fled to this State from the State where the offense
was committed; and

5. That the act alleged to have been committed by the accused is a
violation of the penal law of the State from which he fled.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.05. [1001] [1093, 4, 5] Bail or commitment

When the accused is brought before the magistrate, he shall hear
proof, and if satisfied that the accused is charged in another State
with the offense named in the complaint, he shall require of him
bail with sufficient security, in such amount as the magistrate
deems reasonable, to appear before such magistrate at a specified
time. In default of such bail, he may commit the defendant to jail
to await a requisition from the Governor of the State from which he
fled. A properly certified transcript of an indictment against the
accused is sufficient to show that he is charged with the crime
alleged. One arrested under the provisions of this title shall not
be committed or held to bail for a longer time than ninety days.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.06. [1002] [1096, 7, 8] Notice of arrest

The magistrate who held or committed such fugitive shall
immediately notify the Secretary of State and the district or
county attorney of his county of such fact and the date thereof,
stating the name of such fugitive, the State from which he fled, and
the crime with which he is charged; and such officers so notified
shall in turn notify the Governor of the proper State.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.07. [1003] [1099] [1062] Discharge

A fugitive not arrested under a warrant from the Governor of this
State before the expiration of ninety days from the day of his
commitment or the date of the bail shall be discharged.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.08. [1004] [1100] [1063] Second arrest

A person who has once been arrested under the provisions of this
title and discharged under the provisions of the preceding Article
or by habeas corpus shall not be again arrested upon a charge of the
same offense, except by a warrant from the Governor of this State.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.09. [1005] [1101] [1064] Governor may demand fugitive

When the Governor deems it proper to demand a person who has
committed an offense in this State and has fled to another State, he
may commission any suitable person to take such requisition. The
accused, if brought back to the State, shall be delivered up to the
sheriff of the county in which it is alleged he has committed the
offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 51.10. [1006] [1102] [1065] Pay of agent; traveling expenses

Sec. 1. The officer or person so commissioned shall receive as
compensation the actual and necessary traveling expenses upon
requisition of the Governor to be allowed by such Governor and to be
paid out of the State Treasury upon a certificate of the Governor
reciting the services rendered and the allowance therefor.

Sec. 2. The commissioners court of the county where an offense is
committed may in its discretion, on the request of the sheriff and
the recommendation of the district attorney, pay the actual and
necessary traveling expenses of the officer or person so
commissioned out of any fund or funds not otherwise pledged.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

 

Art. 51.11. [1007] [1103, 4, 5] Reward

The Governor may offer a reward for the apprehension of one accused
of a felony in this State who is evading arrest, by causing such
offer to be published in such manner as he deems most likely to
effect the arrest. The reward shall be paid out of the State
Treasury to the person who becomes entitled to it upon a certificate
of the Governor reciting the facts which entitle such person to
receive it.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

 

Art. 51.12. [1008] Sheriff to report

Each sheriff upon the close of any regular term of the district or
criminal district court in his county, or within thirty days
thereafter, shall make out and mail to the Director of the
Department of Public Safety a certified list of all persons, who,
after indictment for a felony, have fled from said county. Such
lists shall contain the full name of each such fugitive, the offense
with which he is charged, and a description giving his age, height,
weight, color and occupation, the complexion of the skin and the
color of eyes and hair, and any peculiarity in person, speech,
manner or gait that may serve to identify such person so far as the
sheriff may be able to give them. The Director of the Department of
Public Safety shall prescribe and forward to all sheriffs the
necessary blanks upon which are to be made the lists herein
required.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

 

Art. 51.13. [1008a] Uniform Criminal Extradition Act

Definitions

 

Sec. 1. Where appearing in this Article, the term "Governor"
includes any person performing the functions of Governor by
authority of the laws of this State. The term "Executive Authority"
includes the Governor, and any person performing the functions of
Governor in a State other than this State, and the term "State",
referring to a State other than this State, includes any other State
organized or unorganized of the United States of America.

Fugitives from Justice; Duty of Governor

 

Sec. 2. Subject to the provisions of this Article, the provisions of
the Constitution of the United States controlling, and any and all
Acts of Congress enacted in pursuance thereof, it is the duty of the
Governor of this State to have arrested and delivered up to the
Executive Authority of any other State of the United States any
person charged in that State with treason, felony, or other crime,
who has fled from justice and is found in this State.

Form of Demand

 

Sec. 3. No demand for the extradition of a person charged with crime
in another State shall be recognized by the Governor unless in
writing, alleging, except in cases arising under Section 6, that
the accused was present in the demanding State at the time of the
commission of the alleged crime, and that thereafter he fled from
the State, and accompanied by a copy of an indictment found or by
information supported by affidavit in the State having jurisdiction
of the crime, or by a copy of an affidavit before a magistrate
there, together with a copy of any warrant which issued thereupon;
or by a copy of a judgment of conviction or of a sentence imposed in
execution thereof, together with a statement by the Executive
Authority of the demanding State that the person claimed has
escaped from confinement or has broken the terms of his bail,
probation or parole. The indictment, information, or affidavit
made before the magistrate must substantially charge the person
demanded with having committed a crime under the law of that State;
and the copy of indictment, information, affidavit, judgment of
conviction or sentence must be authenticated by the Executive
Authority making the demand; provided, however, that all such
copies of the aforesaid instruments shall be in duplicate, one
complete set of such instruments to be delivered to the defendant or
to his attorney.

Governor May Investigate Case

 

Sec. 4. When a demand shall be made upon the Governor of this State
by the Executive Authority of another State for the surrender of a
person so charged with crime, the Governor may call upon the
Secretary of State, Attorney General or any prosecuting officer in
this State to investigate or assist in investigating the demand,
and to report to him the situation and circumstances of the person
so demanded, and whether he ought to be surrendered.

Extradition of Persons Imprisoned or Awaiting Trial in Another State or Who have Left the Demanding State Under Compulsion

 

Sec. 5. When it is desired to have returned to this State a person
charged in this State with a crime, and such person is imprisoned or
is held under criminal proceedings then pending against him in
another State, the Governor of this State may agree with the
Executive Authority of such other State for the extradition of such
person before the conclusion of such proceedings or his term of
sentence in such other State, upon condition that such person be
returned to such other State at the expense of this State as soon as
the prosecution in this State is terminated.

The Governor of this State may also surrender on demand of the
Executive Authority of any other State any person in this State who
is charged in the manner provided in Section 23 of this Act with
having violated the laws of the State whose Executive Authority is
making the demand, even though such person left the demanding State
involuntarily.

Extradition of Persons Not Present in Demanding State at Time of Commission of Crime

 

Sec. 6. The Governor of this State may also surrender, on demand of
the Executive Authority of any other State, any person in this State
charged in such other State in the manner provided in Section 3 with
committing an act in this State, or in a third State, intentionally
resulting in a crime in the State whose Executive Authority is
making the demand, and the provisions of this Article not otherwise
inconsistent, shall apply to such cases, even though the accused
was not in that State at the time of the commission of the crime, and
has not fled therefrom.

Issue of Governor's Warrant of Arrest; Its Recitals

 

Sec. 7. If the Governor decides that the demand should be complied
with, he shall sign a warrant of arrest, which shall be sealed with
the state seal and be directed to any peace officer or other person
whom he may think fit to entrust with the execution thereof. The
warrant must substantially recite the facts necessary to the
validity of its issuance.

Manner and Place of Execution

 

Sec. 8. Such warrant shall authorize the peace officer or other
person to whom directed to arrest the accused at any time and any
place where he may be found within the State and to command the aid
of all peace officers and other persons in the execution of the
warrant, and to deliver the accused, subject to the provisions of
this Article to the duly authorized agent of the demanding State.

Authority of Arresting Officer

 

Sec. 9. Every such peace officer or other person empowered to make
the arrest, shall have the same authority, in arresting the
accused, to command assistance therein, as peace officers have by
law in the execution of any criminal process directed to them, with
like penalties against those who refuse their assistance.

Rights of Accused Person; Application for Writ of Habeas Corpus

 

Sec. 10. No person arrested upon such warrant shall be delivered
over to the agent whom the Executive Authority demanding him shall
have appointed to receive him unless he shall first be taken
forthwith before a judge of a court of record in this State, who
shall inform him of the demand made for his surrender and of the
crime with which he is charged, and that he has the right to demand
and procure legal counsel; and if the prisoner or his counsel shall
state that he or they desire to test the legality of his arrest, the
judge of such court of record shall fix a reasonable time to be
allowed him within which to apply for a writ of habeas corpus. When
such a writ is applied for, notice thereof, and of the time and
place of hearing thereon, shall be given to the prosecuting officer
of the county in which the arrest is made and in which the accused is
in custody, and to the said agent of the demanding State.

Penalty for Non-compliance With Preceding Section

 

Sec. 11. Any officer who shall deliver to the agent for extradition
of the demanding State a person in his custody under the Governor's
warrant, in wilful disobedience to Section 10 of this Act, shall be
guilty of a misdemeanor and, on conviction, shall be fined not more
than one thousand dollars or be imprisoned not more than six months,
or both.

Confinement in Jail, When Necessary

 

Sec. 12. The officer or persons executing the Governor's warrant of
arrest, or the agent of the demanding State to whom the prisoner may
have been delivered may, when necessary, confine the prisoner in
the jail of any county or city through which he may pass; and the
keeper of such jail must receive and safely keep the prisoner until
the officer or person having charge of him is ready to proceed on
his route, such officer or person being chargeable with the expense
of keeping.

The officer or agent of a demanding State to whom a prisoner may
have been delivered following extradition proceedings in another
State, or to whom a prisoner may have been delivered after waiving
extradition in such other State, and who is passing through this
State with such a prisoner for the purpose of immediately returning
such prisoner to the demanding State may, when necessary, confine
the prisoner in the jail of any county or city through which he may
pass; and the keeper of such jail must receive and safely keep the
prisoner until the officer or agent having charge of him is ready to
proceed on his route, such officer or agent, however, being
chargeable with the expense of keeping; provided, however, that
such officer or agent shall produce and show to the keeper of such
jail satisfactory written evidence of the fact that he is actually
transporting such prisoner to the demanding State after a
requisition by the Executive Authority of such demanding State.
Such prisoner shall not be entitled to demand a new requisition
while in this State.

Arrest Prior to Requisition

 

Sec. 13. Whenever any person within this State shall be charged on
the oath of any credible person before any judge or magistrate of
this State with the commission of any crime in any other State and
except in cases arising under Section 6, with having fled from
justice, or with having been convicted of a crime in that State and
having escaped from confinement, or having broken the terms of his
bail, probation or parole, or whenever complaint shall have been
made before any judge or magistrate in this State setting forth on
the affidavit of any credible person in another State that a crime
has been committed in such other State and that the accused has been
charged in such State with the commission of the crime, and except
in cases arising under Section 6, has fled from justice, or with
having been convicted of a crime in that State and having escaped
from confinement, or having broken the terms of his bail, probation
or parole and is believed to be in this State, the judge or
magistrate shall issue a warrant directed to any peace officer
commanding him to apprehend the person named therein, wherever he
may be found in this State, and to bring him before the same or any
other judge, magistrate or court who or which may be available in or
convenient of access to the place where the arrest may be made, to
answer the charge or complaint and affidavit, and a certified copy
of the sworn charge or complaint and affidavit upon which the
warrant is issued shall be attached to the warrant.

Arrest Without a Warrant

 

Sec. 14. The arrest of a person may be lawfully made also by any
peace officer or private person, without a warrant upon reasonable
information that the accused stands charged in the courts of a State
with a crime punishable by death or imprisonment for a term
exceeding one year, but when so arrested the accused must be taken
before a judge or magistrate with all practicable speed and
complaint must be made against him under oath setting forth the
ground for the arrest as in the preceding section; and thereafter
his answer shall be heard as if he had been arrested on a warrant.

Commitment to Await Requisition; Bail

 

Sec. 15. If from the examination before the judge or magistrate it
appears that the person held is the person charged with having
committed the crime alleged and except in cases arising under
Section 6, that he has fled from justice, the judge or magistrate
must, by warrant reciting the accusation, commit him to the county
jail for such time not exceeding thirty days and specified in the
warrant, as will enable the arrest of the accused to be made under a
warrant of the Governor on a requisition of the Executive Authority
of the State having jurisdiction of the offense, unless the accused
give bail as provided in the next section, or until he shall be
legally discharged.

Bail; In What Cases; Conditions of Bond

 

Sec. 16. Unless the offense with which the prisoner is charged is
shown to be an offense punishable by death or life imprisonment
under the laws of the State in which it was committed, a judge or
magistrate in this State may admit the person arrested to bail by
bond, with sufficient sureties and in such sum as he deems proper,
conditioned for his appearance before him at a time specified in
such bond, and for his surrender, to be arrested upon the warrant of
the Governor in this State.

Extension of Time of Commitment; Adjournment

 

Sec. 17. If the accused is not arrested under warrant of the
Governor by the expiration of the time specified in the warrant or
bond, a judge or magistrate may discharge him or may recommit him
for a further period not to exceed sixty days, or a judge or
magistrate may again take bail for his appearance and surrender, as
provided in Section 16, but within a period not to exceed sixty days
after the date of such new bond.

Forfeiture of Bail

 

Sec. 18. If the prisoner is admitted to bail and fails to appear and
surrender himself according to the conditions of his bond, the
judge, or magistrate by proper order, shall declare the bond
forfeited and order his immediate arrest without warrant if he be
within this State. Recovery may be had on such bond in the name of
the State as in the case of other bonds given by the accused in
criminal proceedings within this State.

Persons Under Criminal Prosecution in this State at the Time of Requisition

 

Sec. 19. If a criminal prosecution has been instituted against such
person under the laws of this State and is still pending, the
Governor, in his discretion, either may surrender him on demand of
the Executive Authority of another State or hold him until he has
been tried and discharged or convicted and punished in this State.

Guilt or Innocence of Accused, When Inquired Into

 

Sec. 20. The guilt or innocence of the accused as to the crime of
which he is charged may not be inquired into by the Governor or in
any proceeding after the demand for extradition accompanied by a
charge of crime in legal form as above provided shall have been
presented to the Governor, except as it may be involved in
identifying the person held as the person charged with the crime.

Governor May Recall Warrant or Issue Alias

 

Sec. 21. The governor may recall his warrant of the arrest or may
issue another warrant whenever he deems proper. Each warrant
issued by the Governor shall expire and be of no force and effect
when not executed within one year from the date thereof.

Fugitives from this State; Duty of Governor

 

Sec. 22. Whenever the Governor of this State shall demand a person
charged with crime or with escaping from confinement or breaking
the terms of his bail, probation or parole in this State, from the
Executive Authority of any other State, or from the Chief Justice or
an Associate Justice of the Supreme Court of the District of
Columbia authorized to receive such demand under the laws of the
United States, he shall issue a warrant under the state seal, to
some agent, commanding him to receive the person so charged if
delivered to him and convey him to the proper officer of the county
in this State in which the offense was committed, or in which the
prosecution for such offense is then pending.

Application for Issuance of Requisition; By Whom Made; Contents

 

Sec. 23. 1. When the return to this State of a person charged with
crime in this State is required, the State's attorney shall present
to the Governor his written motion for a requisition for the return
of the person charged, in which motion shall be stated the name of
the person so charged, the crime charged against him, the
approximate time, place and circumstances of its commission, the
State in which he is believed to be, including the location of the
accused therein at the time the motion is made and certifying that,
in the opinion of the said State's attorney the ends of justice
require the arrest and return of the accused to this State for trial
and that the proceeding is not instituted to enforce a private
claim.

2. When the return to this State is required of a person who has been
convicted of a crime in this State and has escaped from confinement,
or broken the terms of his bail, probation or parole, the
prosecuting attorney of the county in which the offense was
committed, the parole board, or the warden of the institution or
sheriff of the county, from which escape was made, shall present to
the Governor a written application for a requisition for the return
of such person, in which application shall be stated the name of the
person, the crime of which he was convicted, the circumstances of
his escape from confinement, or the circumstances of the breach of
the terms of his bail, probation or parole, the State in which he is
believed to be, including the location of the person therein at the
time application is made.

3. The application shall be verified by affidavit, shall be
executed in duplicate and shall be accompanied by two certified
copies of the indictment returned, or information and affidavit
filed, or of the complaint made to the judge or magistrate, stating
the offense with which the accused is charged, or of the judgment of
conviction or of the sentence. The prosecuting officer, parole
board, warden or sheriff may also attach such further affidavits
and other documents in duplicate as he shall deem proper to be
submitted with such application. One copy of the application, with
the action of the Governor indicated by endorsement thereon, and
one of the certified copies of the indictment, complaint,
information, and affidavits, or of the judgment of conviction or of
the sentence shall be filed in the office of the Governor. The
other copies of all papers shall be forwarded with the Governor's
requisition.

Costs and Expenses

 

Sec. 24. In all cases of extradition, the commissioners court of the
county where an offense is alleged to have been committed, or in
which the prosecution is then pending may in its discretion, on
request of the sheriff and the recommendation of the prosecuting
attorney, pay the actual and necessary expenses of the officer or
person commissioned to receive the person charged, out of any
county fund or funds not otherwise pledged.

Immunity from Service of Process in Certain Civil Cases

 

Sec. 25. A person brought into this State by, or after waiver of,
extradition based on a criminal charge shall not be subject to
service of personal process in civil actions arising out of the same
facts as the criminal proceeding to answer which he is being or has
been returned, until he has been convicted in the criminal
proceeding, or if acquitted, until he has had reasonable
opportunity to return to the State from which he was extradited.

Written Waiver of Extradition Proceedings

 

Sec. 25a. Any person arrested in this State charged with having
committed any crime in another State or alleged to have escaped from
confinement, or broken the terms of his bail, probation, or parole
may waive the issuance and service of the warrant provided for in
Sections 7 and 8 and all other procedure incidental to extradition
proceedings, by executing or subscribing in the presence of a judge
or any court of record within this State a writing which states that
he consents to return to the demanding State; provided, however,
that before such waiver shall be executed or subscribed by such
person it shall be the duty of such judge to inform such person of
his rights to the issuance and service of a warrant of extradition
and to obtain a writ of habeas corpus as provided for in Section 10.

If and when such consent has been duly executed it shall forthwith
be forwarded to the office of the Governor of this State and filed
therein. The judge shall direct the officer having such person in
custody to deliver forthwith such person to the duly accredited
agent or agents of the demanding State, and shall deliver or cause
to be delivered to such agent or agents a copy of such consent;
provided, however, that nothing in this section shall be deemed to
limit the rights of the accused person to return voluntarily and
without formality to the demanding State, nor shall this waiver
procedure be deemed to be an exclusive procedure or to limit the
powers, rights or duties of the officers of the demanding State or
of this State.

Non-waiver by this State

 

Sec. 25b. Nothing in this Act contained shall be deemed to
constitute a waiver by this State of its right, power or privilege
to try such demanded person for crime committed within this State,
or of its right, power or privilege to regain custody of such person
by extradition proceedings or otherwise for the purpose of trial,
sentence or punishment for any crime committed within this State,
nor shall any proceedings had under this Article which result, or
fail to result in, extradition to be deemed a waiver by this State
of any of its rights, privileges or jurisdiction in any way
whatsoever.

No Right of Asylum, No Immunity from Other Criminal Prosecutions While in this State

 

Sec. 26. After a person has been brought back to this State by, or
after waiver of extradition proceedings, he may be tried in this
State for other crimes which he may be charged with having committed
here as well as that specified in the requisition for his
extradition.

Interpretation

 

Sec. 27. The provisions of this Article shall be interpreted and
construed as to effectuate its general purposes to make uniform the
law of those States which enact it.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Sec. 22 amended by Acts 1993, 73rd Leg., ch. 300, Sec. 27, eff. Aug.
30, 1993; Sec. 23, subd. 3 amended by Acts 1997, 75th Leg., ch. 701,
Sec. 1, eff. Sept. 1, 1997.

 

Art. 51.14. Interstate Agreement on Detainers

This article may be cited as the "Interstate Agreement on Detainers
Act." This agreement on detainers is hereby enacted into law and
entered into by this state with all other jurisdictions legally
joined therein in the form substantially as follows:

The contracting states solemnly agree that:

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 trial 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.

ARTICLE II.

 

As used is this agreement:

(a) "State" 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) "Sending state" 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.

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 officer's 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 decision 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 for 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 official 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'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'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 Paragraph (a) of Article V 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 30 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'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
executing 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's being returned to the
original place of imprisonment pursuant to Paragraph (e) of Article
V 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'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 this 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 of 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.

 

(a) 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.

(b) As used in this article, "appropriate court" means a court of
record with criminal jurisdiction.

(c) All courts, departments, agencies, officers, and employees of
this state and its political subdivisions are hereby directed to
enforce this article and to cooperate with one another and with
other party states in enforcing the agreement and effectuating its
purpose.

(d) Any prisoner escapes from lawful custody while in another state
as a result of the application of this article shall be punished as
though such escape had occurred within this state.

(e) The governor is empowered to designate the officer who will
serve as central administrator of and information agent for the
agreement on detainers pursuant to the provisions of Article VII
hereof.

(f) Copies of this article, upon its enactment, shall be
transmitted to the governor of each state, the Attorney General and
the Secretary of State of the United States, and the council of
state governments.

Added by Acts 1975, 64th Leg., p. 920, ch. 343, Sec. 1, eff. June 19,
1975.

 

 

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