Interstate Agreement On Detainers Form 1

Applicability of the Agreement: The Agreement applies only to “a person who has served a sentence of imprisonment in a penitentiary or penitentiary establishment” (Articles III (a) and IV (a)) and therefore does not apply to a person awaiting trial. See United States vs. Reed, 620 F.2d 709, 711-12 (9th Cir.), certificate refused, 449 U.p. 880 (1980); United States v. Evans, 423 F. Supp. 528, 531 (S.D.N.Y. 1976), aff`d, 556 F.2d 561 (2d Cir. 1977). Since the agreement only applies to a prisoner based on a pending “indictment, information or complaint” requiring a “procedure” (Articles III (a) and IV (a)), the agreement does not apply to a prisoner based on a probation warrant. See Reed, above.

The procedure for the order of prisoners for a suspended offence is set at 18 U.S.C 4214 (b). The agreement also does not apply to probation criminals. See Carchman v. Nash, 473 U.p. 716 (1985). 433 (1981), the Supreme Court held that Article IV(d) respected a prisoner`s extradition rights in accordance with the laws of the state of detention, so that he could be heard before being transferred from detention from the State of Pennsylvania to the State of New Jersey. However, this judgment does not apply to prisoners serving federal sentences, as the United States has neither passed the Uniform Extradition Act nor enacted any other law providing for the right to be heard. See Mann v.

Warden, 771 F.2d 1453 (11th Cir. 1985) (per curiam), cert. denied, 475 U.P. 1017 (1986). It is the criminal division`s position that state prisoners who are under contract under 18 U.S.C. 5003 Purge of Authentication Facilities, are also not entitled to pre-transfer hearings, even if the state whose sentence they are serving provides for such hearings under its extradition laws. Section IV(a) gives a governor 30 days to reject a request for a transfer by operation or at the request of the prisoner. However, it has been found that a governor of a federal state does not have the right to reject a request made by a federal court in the form of habeas corpus ad prosequendum, even if a prisoner has been deposed beforehand. . . .