Vermont § 1504 - Officer’s request for temporary custody—Article IV

§ 1504. Officer’s request for temporary custody—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 or she
  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
  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 or her 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 or her 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 or she may have to contest the legality of his or her 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. (Added 1967, No. 47, § 1, eff. March 23, 1967.)