Interstate Agreement On Detainers Forms Tennessee

The IAD is an agreement between the federal government and 48 states, including Tennessee, that provides for cooperative procedures for the exchange of prisoners between state and federal courts, so that prisoners can be brought to justice for unexplained indictments or complaints. (g) For all purposes not provided for by temporary detention to the extent provided for in this Agreement, the prisoner shall be considered to be detained and subject to his or her jurisdiction, and any escape from temporary detention may be treated in the same manner as an escape from the original place of detention or in any other manner permitted by law. (e) Any request for a final decision by a prisoner in accordance with subparagraph (a) shall also be considered as a waiver of extradition in respect of the charge or procedure envisaged or permitted in accordance with paragraph (d) and as a waiver of extradition to the host State to serve a sentence imposed on the prisoner. at the end of the custodial sentence in the sending State. The request for a final injunction shall also constitute a consent of the prisoner to the disposal of the prisoner`s body in any court where his presence may be necessary for the purposes of this Agreement and a new consent to voluntary return to the original place of detention, in accordance with the provisions of this Agreement. Nothing in this paragraph precludes the imposition of a simultaneous sentence if permitted by law. (a) Where the duration and date of expiry of the time limits provided for in Articles III and IV of this Agreement are established, the duration of those time limits shall be counted on the basis of the measure of the court having jurisdiction over the case if and for as long as the prisoner is unable to appear before the courts. The Party States note that the insecurity that hampers prisoners` treatment and rehabilitation programmes against a prisoner, a prisoner based on unproven accusations, information or complaints, and difficulties in ensuring a speedy trial against persons already detained in other jurisdictions give rise to uncertainty. Accordingly, it is the policy of States Parties and the purpose of this Convention to promote the expeditous and orderly ordering of such charges and the determination of the correct status of all prisoners on the basis of unfounded accusations, information or complaints.

States parties further note that proceedings relating to such charges and detentions, when they come from another jurisdiction, cannot be properly conducted without a cooperative procedure. The purpose of this Agreement is to provide for such cooperation procedures. This Convention shall enter into force in its entirety for a Contracting State, if that State has brought it into force. A State Party to this Convention may resign from it by enacting a law which abolishes the same thing. However, the withdrawal of a State shall not affect the status of proceedings already initiated by prisoners or State officials at the time of the entry into force of such withdrawal and shall not affect their rights in this regard. (h) From the date on which a State Party is detained for a prisoner under this Convention until the prisoner is repatriated to the territory and detention of the sending State, the State in which one or more unproven accusations, information or complaints are pending or where proceedings take place, is responsible for the prisoner and also bears all transport costs; Care, custody and repatriation of the prisoner, as well as for other prosecution costs. . . .

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