NCJ Number
34690
Journal
Iowa Law Review Volume: 61 Issue: 3 Dated: (FEBRUARY 1976) Pages: 659-692
Date Published
1976
Length
34 pages
Annotation
THIS ARTICLE SUGGESTS PROPER WAYS IN WHICH A LAWYER OR INMATE, FACED WITH A DETAINER OR THE POSSIBILITY OF A DETAINER, CAN EFFECTIVELY DEAL WITH THE PROBLEMS WHICH IT POSES.
Abstract
A DETAINER IS A NOTICE OF A CRIMINAL CHARGE OR UNSERVED SENTENCE PENDING AGAINST A PRISON INMATE, GIVEN BY LAW ENFORCEMENT OR PROSECUTING OFFICIALS TO PRISON AUTHORITIES TO ENSURE THAT AFTER COMPLETION OF THE PRISONER'S PRESENT SENTENCE HE WILL BE HELD UNTIL TURNED OVER TO THE NOTIFYING AUTHORITIES FOR PROSECUTION OR RECOMMITMENT. FOR EXAMPLE, A PRISONER SERVING A SENTENCE IN ONE STATE (THE HOLDING STATE) MAY ALSO HAVE AN UNTRIED CHARGE PENDING AGAINST HIM IN ANOTHER STATE (THE DEMANDING STATE). GENERALLY, DETAINERS ARE ISSUED FOR ONE OF FOUR REASONS: 1) THE INMATE HAS ALREADY BEEN CONVICTED IN THE DEMANDING STATE, BUT HAS NOT YET SERVED THE SENTENCE IMPOSED; 2) THE INMATE IS WANTED IN THE DEMANDING STATE AS A PAROLE VIOLATOR; 3) THE INMATE IS CHARGED WITH AN OFFENSE FOR WHICH HE HAS NOT YET BEEN TRIED IN THE DEMANDING STATE; AND 4) THE INMATE IS CHARGED WITH ANOTHER OFFENSE IN THE STATE OF INCARCERATION. THE PRIMARY FOCUS IN THIS ARTICLE IS ON THE THIRD TYPE OF DETAINER. ALTHOUGH THE SECOND AND FOURTH TYPES ARE ALSO DISCUSSED. INASMUCH AS ONE'S STRATEGY AND OPTIONS IN DEALING WITH DETAINERS BASED ON UNTRIED CHARGES IS AFFECTED BY WHETHER THE STATES INVOLVED HAVE ENACTED THE INTERSTATE AGREEMENT ON DETAINERS, THAT COMPACT'S REQUIREMENTS AND NON-COMPACT STATE RULES ARE CONSIDERED SEPARATELY. INTERSTATE DETAINERS, WHICH PRESENT DIFFERENT QUESTIONS AND ARE GOVERNED BY DIFFERENT LAWS AND REGULATIONS, ARE THEN EXAMINED. FINALLY, PAROLE REVOCATION DETAINERS ARE BRIEFLY ANALYZED. (AUTHOR ABSTRACT MODIFIED)