(730 ILCS 5/3-8-9)
(from Ch. 38, par. 1003-8-9)
Agreement on Detainers.
(a) 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:
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.
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.
(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 180 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 a 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 corrections 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
(c) The warden, commissioner of corrections 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 corrections 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
(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.
(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 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 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 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.
(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 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
(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 the 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.
(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.
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.
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
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.
(b) "Appropriate court" as used in this Section with reference to the
courts of this State means circuit courts.
(c) 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 purpose.
(d) Section 3-6-4 shall apply to offenders while in the custody of
another state under this Section.
(e) It shall be lawful and mandatory upon the chief administrative
officer 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.
(f) The Director of the Department of Corrections shall be the officer
designated under Article VII of the Agreement on Detainers.
(g) Copies of this act shall, upon its approval, be transmitted to the
governor of each state, the attorney general and the administrator of
general services of the United States, and the council of State Governments.
(Source: P.A. 77-2097.)