2017 ORS 135.775¹
Agreement on Detainers

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:

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The contracting states solemnly agree that:

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 the prisoner initiates a request for final disposition pursuant to Article III of this agreement or at the time that a request for custody or availability is initiated pursuant to Article IV of this agreement.

(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 of this agreement.

(d) “Department of Corrections institution” of this state shall mean any institution operated by the Department of Corrections.

(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, the prisoner shall be brought to trial within 180 days after the prisoner 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 imprisonment and the request of the prisoner for a final disposition to be made of the indictment, information or complaint: Provided, that for good cause shown in open court, the prisoner or the counsel of the prisoner 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) of this Article shall be given or sent by the prisoner to the warden or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the prosecuting official and court by registered or certified mail, return receipt requested.

(c) The warden or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the 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) of this Article 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 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 prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) of this Article 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) of this Article, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the body of the prisoner in any court where the presence of the prisoner 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 the execution of the request for final disposition referred to in paragraph (a) of this Article 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 the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with paragraph (a) of Article V of this agreement 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 the own motion of the governor or upon motion of the prisoner.

(b) Upon receipt of the officer’s written request as provided in paragraph (a) of this Article, 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. Such 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 the counsel of the prisoner 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 the prisoner may have to contest the legality of the delivery of the prisoner as provided in paragraph (a) of this Article, 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 paragraph (e) of Article V of this agreement, 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 of this agreement, 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 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 such prisoner, 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 of this agreement, 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 attendance of the prisoner at court and while being transported to or from any place at which the presence of the prisoner may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(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 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 contained in this paragraph 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 such 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 a person with mental illness.

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 agreement into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the agreement. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by prisoners or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

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 to this agreement, 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.

______________________________________________________________________________ [Formerly 134.605; 1987 c.320 §20a; 2013 c.360 §5]

Notes of Decisions

In General

Nothing in this sec­tion indicates an intent by the legislature to change the rule that concurrent sen­tences may be provided only when they may be served in the same institu­tion. State v. Stewart, 6 Or App 264, 487 P2d 889 (1971)

The Board of Parole did not act illegally in imposing upon the prisoner a condi­tion that he sign a waiver of extradi­tion before being granted parole to authorities of an­oth­er state. Bailleaux v. Cupp, 535 F2d 543 (1976)

Where defendant refused to cooperate with prison officials of sending state in providing requisite in­for­ma­­tion for certificate of inmate status, such in­for­ma­­tion was important ingredient of receiving state’s decision whether to prosecute prisoner and prisoner was not denied right to speedy trial under Interstate Agree­ment on Detainers. State v. DeMotte, 42 Or App 413, 600 P2d 923 (1979)

Where no detainer based upon untried indict­ment, in­for­ma­­tion or complaint had been filed against defendant, Interstate Agree­ment on Detainers did not become operative and state was not bound by its pro­vi­sions, so there could be no denial of right to speedy trial under this sec­tion. State v. Coffman, 59 Or App 18, 650 P2d 144 (1982)

Defendant, who was convicted but fled state before sen­ten­cing and was arrested, convicted and sen­tenced for crimes committed in California, cannot be returned to Oregon under Interstate Agree­ment on Detainers (IAD) for sen­ten­cing pro­ceed­ing because defendant was tried in Oregon prior to fleeing and IAD applies only to pending untried charges. State v. Sills, 260 Or App 384, 317 P3d 307 (2013), Sup Ct review denied

Article Iii

Article Iii Does not Apply If

1) detaining authority is not party to agree­ment; 2) defendant has not entered upon “term of im­pris­on­­ment” when he writes demand letter; or 3) demand letter does not contain in­for­ma­­tion re­quired by this article. State v. Cox, 12 Or App 215, 505 P2d 360 (1973), Sup Ct review denied

Defendant’s rights under Interstate Compact on Detainers are triggered only by lodging of detainer, and thus defendant’s right under this sec­tion to speedy trial was not violated where defendant incarcerated in foreign state signed and forwarded forms requesting trial eleven months before Oregon detainers were lodged against him. State v. Hibdon, 36 Or App 97, 583 P2d 597 (1978)

Where defendant requested trial under this sec­tion, he did not acquiesce in trial after expira­tion of statutory period by failing to object to trial date at arraign­ment. State v. Arwood, 46 Or App 653, 612 P2d 763 (1980)

Under the Interstate Agree­ment, notice and request must be sent by prisoner to custodian, not to prosecutor and, therefore, defendant’s at­tempts to initiate speedy trial pro­ceed­ings by directly contacting Clackamas County District Attorney were ineffective to start running of 180-day period. State v. Smith, 64 Or App 588, 669 P2d 368 (1983)

Sec­tion did not apply to Washington inmate who requested that he be brought to trial within 180 days on charges pending in Oregon because he was paroled before end of that period; several jail terms, served in different jurisdic­tions, do not constitute a single term of im­pris­on­­ment for purposes of Interstate Agree­ment on Detainers. State v. Foster, 107 Or App 481, 812 P2d 440 (1991)

180-day period for bringing prisoner to trial does not commence until prisoner’s request for final disposi­tion of charges has actually been delivered to court and prosecuting of­fi­cer. State v. Burss, 316 Or 1, 848 P2d 596 (1993)

Where 180-day period for bringing prisoner to trial has expired, remedy lies with court in receiving state. Freeman v. Hand, 158 Or App 489, 974 P2d 788 (1999), Sup Ct review denied

Where defendant is aware that interstate detainer has been lodged and defendant knowingly fails to file trial demand, defendant is precluded from asserting that sub­se­quent period of delay violates speedy trial right under [former] ORS 135.747. State v. Ayers, 203 Or App 683, 126 P3d 1241 (2006), modified 207 Or App 668, 143 P3d 251 (2006), Sup Ct review denied

Article Iv

Where first indict­ment was quashed only six days before defendant’s speedy trial period would expire, court did not err in granting state 30-day continuance to resubmit case to grand jury. State v. King, 84 Or App 165, 733 P2d 472 (1987), Sup Ct review denied, aff’d King v. Brown, 8 F3d 1403 (9th Cir. 1993)

Where defendant moved for continuance and to suppress evidence, to which state ap­pealed, time limita­tion under Article IV was tolled without state requesting continuance. State v. Bernson, 106 Or App 252, 807 P2d 309 (1991), Sup Ct review denied

Article V

This sec­tion permits receiving state to retain custody of defendant to bring new charges arising out of same incident as charge in indict­ment under which defendant was transferred to Oregon. State v. King, 84 Or App 165, 733 P2d 472 (1987), Sup Ct review denied, aff’d on other grounds, King v. Brown, 8 F3d 1403 (9th Cir. 1993)

Article Vi

Sec­tion (b) applies only to per­sons presently in sending state. State v. King, 84 Or App 165, 733 P2d 472 (1987), Sup Ct review denied, aff’d on other grounds, King v. Brown, 8 F3d 1403 (9th Cir. 1993)

Atty. Gen. Opinions

A delayed sen­tence as an indict­ment not finally disposed of within Article III(a); purpose of Agree­ment under Article I, liberally construed under Article IX, as requiring imposi­tion of sen­tence to aid rehabilita­tion, (1971) Vol 35, p 811

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.