§ 821.1

821.1 Agreement with other states. 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 and thecontracting states solemnly agree that: 1. Article I. The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedytrial of persons already incarcerated in other jurisdictions, produce uncertainties whichobstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy ofthe party states and the purpose of this agreement to encourage the expeditious and orderlydisposition of such charges and determination of the proper status of any and all detainersbased on untried indictments, informations or complaints. The party states also find thatproceedings with reference to such charges and detainers, when emanating from anotherjurisdiction, cannot properly be had in the absence of cooperative procedures. It is thefurther purpose of this agreement to provide such cooperative procedures. 2. Article II. As used in this agreement:a.

iction, cannot properly be had in the absence of cooperative procedures. It is thefurther purpose of this agreement to provide such cooperative procedures. 2. Article II. 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 PuertoRico. 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 hereof or at the timethat 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. 3. Article III.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 imprisonmentthere is pending in any other party state any untried indictment, information or complainton the basis of which a detainer has been lodged against the prisoner, the prisoner shallbe

rm of imprisonmentthere is pending in any other party state any untried indictment, information or complainton the basis of which a detainer has been lodged against the prisoner, the prisoner shallbe brought to trial within one hundred eighty days after the prisoner shall have causedto be delivered to the prosecuting officer and the appropriate court of the prosecutingofficer’s jurisdiction written notice of the place of the prisoner’s imprisonment and theprisoner’s request for a final disposition to be made of the indictment, information orcomplaint: Provided that for good cause shown in open court, the prisoner or the prisoner’scounsel being present, the court having jurisdiction of the matter may grant any necessaryor reasonable continuance. The request of the prisoner shall be accompanied by a certificateof the appropriate official having custody of the prisoner, stating the term of commitmentunder which the prisoner is being held, the time already served, the time remaining to beserved on the sentence, the amount of good time earned, the time of parole eligibility of theprisoner, and any decisions of the state parole agency relating to the prisoner. b.

he time remaining to beserved on the sentence, the amount of good time earned, the time of parole eligibility of theprisoner, 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 otherofficial having custody of the prisoner, who shall promptly forward it together with thecertificate to the appropriate prosecuting official and court by registered or certified mail,return receipt requested. c. The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainerlodged against the prisoner and shall also inform the prisoner of the prisoner’s right tomake a request for final disposition of the indictment, information or complaint on whichthe 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 orcomplaints on the basis of which detainers have been lodged

by a prisoner pursuant to paragraph 'a' hereof shall operate as a request for final disposition of all untried indictments, informations orcomplaints on the basis of which detainers have been lodged against the prisoner fromthe state to whose prosecuting official the request for final disposition is specificallydirected. The warden, commissioner of corrections or other official having custody of theprisoner shall forthwith notify all appropriate prosecuting officers and courts in the several Sat Dec 23 12:35:55 2023 Iowa Code 2024, Section 821.1 (18, 0) §821.1, AGREEMENT ON DETAINERS COMPACT 2 jurisdictions within the state to which the prisoner’s request for final disposition is beingsent of the proceeding being initiated by the prisoner. Any notification sent pursuant to thisparagraph shall be accompanied by copies of the prisoner’s written notice, request, and thecertificate. If trial is not had on any indictment, information or complaint contemplatedhereby prior to the return of the prisoner to the original place of imprisonment, suchindictment, information or complaint shall not be of any further force or effect, and the courtshall enter an order dismissing the same with

of the prisoner to the original place of imprisonment, suchindictment, information or complaint shall not be of any further force or effect, and the courtshall enter an order dismissing the same with prejudice. 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 proceedingcontemplated thereby or included therein by reason of paragraph 'd' hereof, and a waiver ofextradition to the receiving state to serve any sentence there imposed upon the prisoner, aftercompletion of the prisoner’s term of imprisonment in the sending state. The request for finaldisposition shall also constitute a consent by the prisoner to the production of the prisoner’sbody in any court where the prisoner’s presence may be required in order to effectuate thepurposes of this agreement and a further consent voluntarily to be returned to the originalplace of imprisonment in accordance with the provisions of this agreement. Nothing in thisparagraph shall prevent the imposition of a concurrent sentence if otherwise permitted bylaw. f.

the originalplace of imprisonment in accordance with the provisions of this agreement. Nothing in thisparagraph shall prevent the imposition of a concurrent sentence if otherwise permitted bylaw. f. Escape from custody by the prisoner subsequent to the prisoner’s execution of the request for final disposition referred to in paragraph 'a' hereof shall void the request. 4. Article IV.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 haslodged a detainer and who is serving a term of imprisonment in any party state madeavailable in accordance with article V, paragraph 'a' hereof upon presentation of a writtenrequest for temporary custody or availability to the appropriate authorities of the state inwhich the prisoner is incarcerated: Provided that the court having jurisdiction of suchindictment, information or complaint shall have duly approved, recorded and transmittedthe request: And provided further that there shall be a period of thirty days after receipt bythe appropriate authorities before the request be honored, within which period the governorof the

nsmittedthe request: And provided further that there shall be a period of thirty days after receipt bythe appropriate authorities before the request be honored, within which period the governorof the sending state may disapprove the request for temporary custody or availability, eitherupon the governor’s 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 acertificate stating the term of commitment under which the prisoner is being held, the timealready served, the time remaining to be served on the sentence, the amount of good timeearned, the time of parole eligibility of the prisoner, and any decisions of the state paroleagency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against theprisoner with similar certificates and with notices informing them of the request for custodyor availability and of the reasons therefor. c.

n the receiving state who have lodged detainers against theprisoner with similar certificates and with notices informing them of the request for custodyor availability and of the reasons therefor. c. In respect of any proceeding made possible by this article, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but forgood cause shown in open court, the prisoner or the prisoner’s counsel being present, thecourt 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 prisoner’s delivery as provided inparagraph 'a' hereof, but such delivery may not be opposed or denied on the ground that theexecutive authority of the sending state has not affirmatively consented to or ordered suchdelivery. 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 articleV, paragraph 'e' hereof, such indictment, information or complaint shall not be

int contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to articleV, paragraph 'e' hereof, such indictment, information or complaint shall not be of any furtherforce or effect, and the court shall enter an order dismissing the same with prejudice. 5. Article V.a. In response to a request made under article III or article IV hereof, the appropriate Sat Dec 23 12:35:55 2023 Iowa Code 2024, Section 821.1 (18, 0) authority in a sending state shall offer to deliver temporary custody of such prisoner to theappropriate authority in the state where such indictment, information or complaint is pendingagainst such person in order that speedy and efficient prosecution may be had. If the requestfor final disposition is made by the prisoner, the offer of temporary custody shall accompanythe 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 asprovided by this agreement or to the prisoner’s presence in federal custody at the place fortrial, whichever custodial arrangement may be approved by the custodian. b.

entitled to temporary custody asprovided by this agreement or to the prisoner’s presence in federal custody at the place fortrial, 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 the officer’s or other representative’s 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 ofthe 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 basisof which the detainer has been lodged is not brought to trial within the period provided inarticle 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 withprejudice, and any detainer

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 withprejudice, 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 untriedindictments, informations or complaints which form the basis of the detainer or detainers orfor prosecution on any other charge or charges arising out of the same transaction. Exceptfor the prisoner’s attendance at court and while being transported to or from any place atwhich the prisoner’s presence may be required, the prisoner shall be held in a suitable jailor 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 sentenceshall continue to run but good

g 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 sentenceshall continue to run but good time shall be earned by the prisoner only if, and to the extentthat, 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 subjectto the jurisdiction of the sending state and any escape from temporary custody may be dealtwith in the same manner as an escape from the original place of imprisonment or in anyother 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 sendingstate, the state in which the one or more untried indictments, informations or complaintsare pending or in which trial is being had shall be responsible for the prisoner and shallalso pay all costs of transporting, caring for, keeping and returning the prisoner.

informations or complaintsare pending or in which trial is being had shall be responsible for the prisoner and shallalso 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 intoa supplementary agreement providing for a different allocation of costs and responsibilitiesas between or among themselves. Nothing herein contained shall be construed to alter oraffect any internal relationship among the departments, agencies and officers of and in thegovernment of a party state, or between a party state and its subdivisions, as to the paymentof costs, or responsibilities therefor. 6. Article VI.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 foras long as the prisoner is unable to stand trial, as determined by the court having jurisdictionof the matter. Sat Dec 23 12:35:55 2023 Iowa Code 2024, Section 821.1 (18, 0) §821.1, AGREEMENT ON DETAINERS COMPACT 4 b.

soner is unable to stand trial, as determined by the court having jurisdictionof the matter. Sat Dec 23 12:35:55 2023 Iowa Code 2024, Section 821.1 (18, 0) §821.1, AGREEMENT ON DETAINERS COMPACT 4 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. 7. Article VII. 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 carryout more effectively the terms and provisions of this agreement, and who shall provide, withinand without the state, information necessary to the effective operation of this agreement. 8. Article VIII. 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 withdrawherefrom by enacting a statute repealing the same. However, the withdrawal of any state shallnot affect the status of any proceedings already initiated by inmates or by state officers at thetime such withdrawal takes effect, nor shall it affect their rights in respect thereof. 9. Article IX.

not affect the status of any proceedings already initiated by inmates or by state officers at thetime such withdrawal takes effect, nor shall it affect their rights in respect thereof. 9. Article IX. 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, sentenceor provision of this agreement is declared to be contrary to the Constitution of any partystate or of the United States or the applicability thereof to any government, agency, personor circumstance is held invalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person or circumstance shall not be affectedthereby. 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 forceand effect as to the state affected as to all severable matters. [C66, 71, 73, 75, 77, §759A.1; C79, 81, §821.1]2008 Acts, ch 1032, §201 Sat Dec 23 12:35:55 2023 Iowa Code 2024, Section 821.1 (18, 0)