Nevada § 178.620 - Enactment; text

§ 178.620. Enactment; text

The Agreement on Detainers, set forth in this section, is hereby enacted into law

and entered into by this State with all other jurisdictions legally joining such agreement

in the form substantially as follows: The Agreement on Detainers 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, information

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 in 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 the prisoner 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) “Receiving state” 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, the prisoner

shall be brought to trial within one hundred eighty days after the prisoner 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 imprisonment

and the prisoner’s 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 the

prisoner’s 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 the prisoner, 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 the prisoner of the source and contents of any detainer

lodged and shall also inform the prisoner of the 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 a 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 the prisoner, after completion of the term of imprisonment in the sending

state. The request for final disposition shall also constitute a consent by the prisoner

to the production of the prisoner’s body in any court where the prisoner’s 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 the prisoner’s 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 the officer

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 the governor’s 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 one hundred twenty 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) Nothing contained in this Article shall be construed to deprive any prisoner of

any right which the prisoner may have to contest the legality of the prisoner’s 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'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'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 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 attendance at court and while being transported to or from any place at

which the prisoner’s 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 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.