VI. Speedy Trial Requirements in the Interstate Agreement on Detainers

• Library: The Rights of the Accused under the Sixth Amendment (ABA) (2016 Ed.)

VI. Speedy Trial Requirements in the Interstate Agreement on Detainers A. Introduction

The United States, the District of Columbia, and forty-eight states have adopted the Interstate Agreement on Detainers.¹⁹⁹ Louisiana and Mississippi are the only states not parties to the Agreement.²⁰⁰ The Agreement applies only to prisoners who are serving a sentence and who have charges pending in another state, the District of Columbia, or a federal court.²⁰¹ Further, the Speedy Trial Act incorporates detainer procedures, separate from the Interstate Agreement on Detainers, which apply to the federal government.²⁰²

B. Provision for Speedy Trial on Request of the Prosecutor

The prosecutor in a state where charges are pending who has lodged a detainer against the prisoner may file a written request for temporary custody with the state or federal prison where the prisoner is serving the sentence.²⁰³ Article V of the Agreement provides the procedures for temporarily obtaining the prisoner for trial on all charges that were contained in the detainer.²⁰⁴ The trial of the prisoner must begin within 120 days of her arrival in the prosecuting state.²⁰⁵ Absent continuances for good cause, the charge will be dismissed with prejudice if the defendant is not tried within the 120-day limitation.²⁰⁶

C. Provisions for Speedy Trial on Notice by Prisoner

A prisoner serving a sentence in one state with a detainer filed against her in another state may request disposition of all of the charges pending in the detainer.²⁰⁷ The defendant must be brought to trial within 180 days of the prosecutor's receiving the prisoner's request.²⁰⁸ Failure to comply with this deadline will result in dismissal with prejudice of the charges.²⁰⁹

D. Sanctions

The sanction of dismissal with prejudice for time limit violations set out in sections A and B are modified as to the United States. The district court may dismiss with or...