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Article 580 - NY Criminal Procedure Law

ARTICLE 580--SECURING ATTENDANCE OF DEFENDANTS CONFINED AS PRISONERS IN INSTITUTIONS OF OTHER JURISDICTIONS OF THE UNITED STATES--RENDITION TO OTHER JURISDICTIONS OF PERSONS CONFINED AS PRISONERS IN THIS STATE--AGREEMENT ON DETAINERS

Section Description
580.10Securing attendance of defendants confined as prisoners in institutions of other jurisdictions of the United States; methods.
580.20Agreement on detainers.
580.30Securing attendance of defendants confined in federal prisons.
S 580.10 Securing attendance of defendants confined as prisoners in
              institutions of other jurisdictions of the United States;methods.
  The  attendance  in a criminal action pending in a court of this state
  of a defendant confined as a  prisoner  in  an  institution  of  another
  jurisdiction  of  the United States may, under prescribed circumstances,
  be secured pursuant to:
    1.   Section 570.12 of article five  hundred  seventy,  known  as  the
  uniform criminal extradition act; or
    2.  Section 580.20, known as the agreement on detainers; or
    3.  Section 580.30.

S 580.20 Agreement on detainers.
  The agreement on detainers is hereby enacted into law and entered into
  by  this  state  with all other jurisdictions legally joining therein in
  the form substantially as follows:
                      TEXT OF 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,
  informations 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  he  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, he
  shall be brought to trial within one hundred eighty days after he  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  his imprisonment and his 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 his
  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 correction or other official having custody of
  him, 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 correction or other official having
  custody of the prisoner shall promptly inform  him  of  the  source  and
  contents of any detainer lodged against him and shall also inform him of
  his  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 correction 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 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  him,  after  completion of his term of imprisonment in the sending
  state.   The request for  final  disposition  shall  also  constitute  a
  consent by the prisoner to the production of his body in any court where
  his 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 his 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 he 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 his 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 his 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 may have to contest the legality of
  his 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 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 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  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  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
    1.    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.
    2.    The  phrase  "appropriate  court"  as  used  in the agreement on
  detainers shall, with reference to the courts of this  state,  mean  any
  court with criminal jurisdiction.
    3.   All courts, departments, agencies, officers and employees of this
  state and its political subdivisions are hereby directed to enforce  the
  agreement  on detainers and to cooperate with one another and with other
  party states in enforcing the agreement and effectuating its purposes.
    4.   Escape from custody  while  in  another  state  pursuant  to  the
  agreement  on  detainers shall constitute an offense against the laws of
  this state to  the  same  extent  and  degree  as  an  escape  from  the
  institution  in  which  the  prisoner  was confined immediately prior to
  having been sent to another state pursuant  to  the  provisions  of  the
  agreement  on detainers and shall be punishable in the same manner as an
  escape from said institution.
    5.  It shall be lawful and mandatory upon the warden or other official
  in charge of a penal or correctional institution in this state  to  give
  over  the  person  of  any  inmate  thereof  whenever so required by the
  operation of the agreement on detainers.
    6.  The governor is hereby authorized and empowered  to  designate  an
  administrator  who  shall  perform the duties and functions and exercise
  the powers conferred upon such person by Article VII of the agreement on
  detainers.
    7.  In order to implement Article IV(a) of the agreement on detainers,
  and in furtherance of its purposes, the appropriate  authorities  having
  custody  of  the  prisoner shall, promptly upon receipt of the officer's
  written request, notify the prisoner and the governor in writing that  a
  request  for temporary custody has been made and such notification shall
  describe the source and contents  of  said  request.    The  authorities
  having  custody  of the prisoner shall also advise him in writing of his
  rights to counsel, to make representations to the governor within thirty
  days, and to contest the legality of his delivery.

S 580.30 Securing attendance of defendants confined in federal prisons.
  1.    A defendant against whom a criminal action is pending in a court
  of record of this state, and who is confined  in  a  federal  prison  or
  custody either within or outside the state, may, with the consent of the
  attorney general of the United States, be produced in such court for the
  purpose of criminal prosecution, pursuant to the provisions of:
    (a)  Section four thousand eighty-five of title eighteen of the United
  States Code; or
    (b)  Subdivision two of this section.
    2.    When  such  a  defendant  is  in federal custody as specified in
  subdivision one, a superior court, at a term held in the county in which
  the criminal action against him is pending, may, upon application of the
  district attorney of such county, issue a certificate, known as  a  writ
  of  habeas  corpus ad prosequendum, addressed to the attorney general of
  the United States, certifying that such defendant has  been  charged  by
  the  particular accusatory instrument filed against him in the specified
  court with the offense or offenses alleged therein, and that  attendance
  of  the  defendant in such court for the purpose of criminal prosecution
  thereon is necessary in the interest  of  justice,  and  requesting  the
  attorney  general  of  the  United  States to cause such defendant to be
  produced in such court, under custody of a federal public servant,  upon
  a  designated  date  and  for a period of time necessary to complete the
  prosecution.  Upon issuing such a certificate, the court may deliver it,
  or cause or authorize it to be delivered, together with a certified copy
  of the accusatory instrument upon which it is  based,  to  the  attorney
  general  of  the  United  States  or to his representative authorized to
  entertain the request.

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