Interstate Agreement on Detainers New Jersey

This Agreement shall be interpreted generously in order to achieve its objectives. The provisions of this Agreement shall be separable, and if any sentence, clause, sentence or provision of this Agreement is declared contrary to the Constitution of a State Party or of the United States, or if the applicability of this Agreement to any government, body, person or circumstance is declared invalid, the validity of the remainder of this Agreement and its applicability to any government; The agency, person or circumstance is not affected. If this Convention violates the Constitution of a State Party, the Convention shall remain in full force and effect for the other States and fully in force and in force for the State concerned in all separable matters. States Parties note that pending charges against a prisoner, counter-detainees on the basis of unverified charges, information or complaints, and difficulties in ensuring a speedy trial of persons already detained in other jurisdictions create uncertainties that hamper programmes for the treatment and rehabilitation of prisoners. Accordingly, the policy of States Parties and the purpose of this Convention is to promote the prompt and orderly settlement of such charges and the determination of the appropriate status of all detainees on the basis of unverified accusations, information or complaints. States parties further note that, in the absence of cooperative procedures, proceedings relating to such charges and detainees, if they come from another jurisdiction, cannot be properly conducted. The purpose of this Agreement is also to provide for such cooperation procedures. The agreement also provides that if a prisoner requests a decision on a matter on which a prisoner has been subjected, this constitutes a request for the settlement of all matters on which the prisoners have been submitted by the same “[S]tate”. Article III(d). The different federal districts have been classified as distinct “[S]tates” in this context.

See United States v. Bryant, 612 F.2d 806 (4 Cir. 1979), Zert. dismissed, 446 U.S. 920 (1980). Prosecution of other charges for which seizure was made is not permitted by the agreement, unless they result from the same transaction. (Article V(d)) It is not clear whether legal action against the latter is mandatory. (c) if the competent authority refuses or does not accept temporary custody of that person, or if an action based on the indictment, information or complaint on the basis of which the detainee was filed is not brought before a court within the time limit provided for in Article III or Article IV, the competent court of the court in which the accusation was brought; Information or complaints that are pending must be included in an order dismissing them with prejudice, and any prisoner based on them will lose all violence or effect.

(d) The purpose of temporary detention referred to in this Agreement is to permit prosecution on the basis of the indictment or indictment contained in one or more unverified indictments, information or complaints forming the basis of the Detention or prosecution of any other charge or charge arising out of the same settlement. In addition to his presence in court and during transport to or from a place where his presence may be required, the detainee shall be held in an appropriate prison or other establishment regularly used for persons awaiting prosecution. (e) The detainee shall be returned to the sending State as soon as possible, in accordance with the provisions of this Agreement. (f) During the continuation of the temporary detention or during the subsequent execution of the detainee in any other manner, as required by this Agreement, the duration of the sentence shall be maintained, but the prisoner shall be entitled to a good time only if and to the extent permitted by the law and practice of the court which imposed the sentence. (g) For any purpose other than those for which the temporary detention provided for in this Agreement is exercised, the detainee shall be deemed to remain in the custody of the sending State and shall be subject to the jurisdiction of the sending State, and any escape from the temporary detention may be treated as an escape from the original place of detention or in any other manner permitted by law. (h) From the date on which a State Party receives custody of a detainee under this Convention until he or she is returned to the territory and custody of the sending State, the State in which one or more unverified charges, information or complaints are pending or in which the proceedings are conducted shall be responsible for the detainee and shall also bear all costs of transportation; Treat, detain and return the prisoner. The provisions of this paragraph shall apply unless the States concerned have concluded an additional agreement providing for a different sharing of costs and responsibilities between themselves or between them. Nothing in this Agreement shall be construed as modifying or affecting the internal relationship between the departments, agencies and officials of an And in the government of a State Party or between a State Party and its subdivisions with respect to the payment of related costs or liabilities. Applicability of the Agreement: The Convention applies only to “a person who has served a custodial sentence in a penitentiary establishment” (articles III (a) and IV (a)) and is therefore not applicable to a prisoner awaiting trial […].