Vermont § 1505 - Requirements of temporary custody—Article V

§ 1505. Requirements of temporary custody—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 his or her 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 his or her attendance at court and while being transported to or from any
  place at which his or her 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. (Added 1967, No. 47, § 1, eff. March 23, 1967.)