New Jersey § 2a:159a-5

§ 2a:159a-5.

ARTICLE V (a) In response to a request made under Article III or Article IV hereof, 1 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 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 1 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 1 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. 1

N.J.S.A. §§ 2A:159A-3, 2A:159A-4.