SOP 222.04: Interstate Detainers

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|`Functional Area: `
`Facilities Operations`|`Reference Number: `
`IIC06-0001`|`Revises`
`Previous`
`Effective Date:`
`3/01/05`|
|`Subject:`
`Interstate Detainers`|||
|`Authority:`
`Donald/DePetro`|`Effective Date:`
`12/15/07`|`Page``1`` of`
`9 `|

I. POLICY:

   The Georgia Department of Corrections will cooperate with the
   Interstate Agreement on Detainers, using the procedures
   defined in this SOP. Under the Interstate Agreement on
   Detainers (hereafter referred to as the Agreement), a
   jurisdiction outside Georgia which has lodged a detainer
   against a Georgia inmate may secure temporary custody of the
   inmate to dispose of pending actions. Either the affected
   inmate or the prosecutor may initiate proceedings to dispose
   of whatever indictments, information, or complaints remain
   pending. Once proceedings under the Agreement begin, failure
   to hold trial within the period specified in the Agreement
   will result in dismissal of the detainer unless an appropriate
   court grants a continuance.

II. APPLICABILITY:

   All state and county institutions and transitional centers.

III. RELATED DIRECTIVES:

   A. O.C.G.A.: 42-6-1; 42-6-20 through 42-6-25.

   B. GDC Rule: 125-2-4-.09.

IV. DEFINITIONS:

   A. Department -- The Georgia Department of Corrections
      (GDC).

   B. Detainer -- O.C.G.A. 42-6-1 provides a full legal
      definition of a detainer. GDC Rule 125-2-4-.09(1)
      repeats the legal definition. For the purposes of this
      SOP, an interstate detainer is a request from a
      prosecutor in another state for GDC to retain custody of
      an inmate.

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C. Interstate Detainer Coordinator -- The coordinator in
   Releases & Agreements Section, Inmate Administration,
   Corrections Division, who administers the Agreement as
   directed by the Agreement Administrator for the State of
   Georgia. Any correspondence for the Agreement
   Administrator of Georgia should be sent to the Interstate
   Detainer Coordinator.

D. Agreement Administrator -- The Commissioner of the
   Georgia Department of Corrections, or the Commissioner's
   Administrator is the Offender Administration Director,
   Corrections Division.

E. Indictments, Information, or Complaints -- pending
   actions related to previously untried events ( NOT appeals
   or motions related to past criminal justice proceedings).

F. Offender Tracking Information System (OTIS) -- GDC's
   agency-wide computerized system for processing, storing,
   and managing inmate information.

G. State -- "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" (O.C.G.A. 42-6-20, Article II.(a)). For the
   purposes of this SOP, a state other than Georgia; the
   federal government; a U.S. territory or possession; the
   District of Columbia; Puerto Rico.

H. Sending State -- "A state in which a prisoner is
   incarcerated at the time that he initiates a request for
   final disposition pursuant to Article III [of the
   Agreement] or at the time that a request for custody or
   availability is initiated pursuant to Article IV [of the
   Agreement]" (O.C.G.A. 42-6-20, Article II.(b)).  For the
   purposes of this SOP, the state of Georgia. More
   specifically, the Georgia Department of Corrections.

I. Receiving State -- "The state in which trial is to be had
   on an indictment, information or complaint pursuant to
   Article III or Article IV [of the Agreement]" (O.C.G.A.
   42-6-20, Article II.(c)). For the purposes of this SOP,
   the state in which trial is to be had pursuant to the
   Agreement.

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V. ATTACHMENTS:

Attachment 1 - Letter of Acknowledgment of Detainer
         (Facsimile)

Attachment 2 - Form I: Notice of Untried Indictment,
         Information or Complaint and of Right to
         Request Disposition

Attachment 3 - States Participating in the Interstate
         Agreement on Detainers

Attachment 4 - Form II: Inmate's Notice of Place of
         Imprisonment and Request for Disposition of
         Indictments, Information or Complaints
         (Facsimile)

Attachment 5 - Form III: Certificate of Inmate Status
         (Facsimile)

Attachment 6 - Form IV: Offer to Deliver Temporary Custody
         (Facsimile)

Attachment 7 - Form VII: Prosecutor's Acceptance of Temporary
         Custody Offered in Connection with a Prisoner's
         Request for Disposition of a Detainer
         (Facsimile)

Attachment 8 - Form V: Request for Temporary Custody
         (Facsimile)

Attachment 9 - Memo of Information Regarding Habeas Corpus
         Rights

Attachment 10- Inmate Acknowledgment of Notification of
         Request for Temporary Custody

Attachment 11- Governor's Notification of Other State's
         Request for Temporary Custody

Attachment 12- Form VIII: Prosecutor's Acceptance of
         Temporary custody Offered in Connection with
         Another Prosecutor's Request for Disposition of
         a Detainer (Facsimile)

Attachment 13- Form VI: Evidence of Agent's Authority to Act
         for Receiving State (Facsimile)

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   Attachment 14- Form IX: Prosecutor's Report on Disposition of
            Charges (Facsimile)

VI. PROCEDURE:

   A. Placement of Detainer:  When the Interstate Detainer
      Coordinator receives proper notice from a prosecutor in
      another state, that a Georgia inmate has indictments,
      information, or complaints pending in that prosecutor's
      jurisdiction, the following actions shall occur:

      1. The Coordinator will acknowledge the detainer by
         memorandum to the requesting jurisdiction. This
         memo is called a detainer memo. The Coordinator
         will send the Warden a copy of the detainer memo.
         Attachment 1, "Letter of Acknowledgment of
         Detainer," provides an example.

      2. Upon receipt of a detainer memo from the Interstate
         Detainer Coordinator, the Warden or designee will
         give the inmate a copy of the memo, and produce and
         sign two copies of "FORM I: Notice of Untried
         Indictment, Information or Complaint and of Right to
         Request Disposition" (Attachment 2).  Do not show
         the inmate the indictment or any other information
         in the detainer.

         a. The Warden or designee shall give the inmate
            one copy of FORM I, and shall explain to the
            inmate the implications of FORM I. FORM I
            explicitly states these implications.
            Attachment 2 summarizes these implications on
            Page 3.

         b. The Warden or designee shall obtain the
            inmate's signature on the other copy, to be
            maintained in the inmate's institutional file.

   B. Requesting Final Disposition:  The inmate may request
      final disposition of a detainer only after the
      Coordinator has sent the requesting state positive
      acknowledgment of the detainer via the "Letter of
      Acknowledgment of Detainer" (Attachment 1). Practically
      speaking, the inmate's warden must have received a copy
      of this "Letter of Acknowledgment." If the detainer is
      for a Probation Revocation or Parole Revocation, for

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deportation, for charges on which the inmate has already
been sentenced, or if the requesting state does not
participate in the Agreement, the inmate may not request
final disposition of the pending action(s).  The memo
will indicate next to the Releases & Agreements
Supervisor's signature if the inmate may NOT request
final disposition.

1. Attachment 3 lists "States Participating in the
   Interstate Agreement on Detainers." States or other
   governing bodies not listed on Attachment 3 may not
   obtain prisoners for trial under the terms of the
   Agreement. Inmates cannot request disposition of
   detainers from non-participating states. Once the
   inmate has been informed of the detainer, take no
   further action on requests from non-participating
   jurisdictions.

2. If the inmate wishes to request final disposition,
   he/she must complete and sign FORM II.

3. The Warden or designee must complete FORM III and
   FORM IV. FORM III and FORM IV must be attached to
   FORM II. Attachments 4, 5, and 6 reproduce and
   summarize these three forms.

4. Signed copies of each form go to the following six
   (6) recipients:

   a. The inmate.

   b. The inmate's institution file.

   c. The Interstate Detainer Coordinator.

   d. The Agreement Administrator of the receiving
      state.

   e. The prosecuting official of the jurisdiction
      which placed the detainer.

   f. The clerk of the court which has jurisdiction
      over the pending action.

5. Additionally, if other jurisdictions in the
   receiving state have lodged a detainer on the

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      inmate, the institution must send one signed copy of
      each form (II, III, IV) to the prosecutors and
      clerks of court in every such jurisdiction. Send an
      accompanying letter explaining that all pending
      actions must be disposed of in accordance with
      Article III of the Interstate Agreement on
      Detainers. This letter should request a prompt
      reply indicating the jurisdiction's intentions
      regarding the prisoner.

   6. All copies sent to prosecuting officials and clerks
      of court must be sent by certified or registered
      mail, return receipt requested, at the institution's
      expense.

   7. When the mail receipt comes back, place it in the
      inmate's institution file. The requesting
      prosecutor has 180 days from the receipt date to
      bring the prisoner to trial.

   8. The prosecutor(s) will respond by sending a document
      similar to "FORM VII: Prosecutor's Acceptance of
      Temporary Custody Offered in Connection with a
      Prisoner's Request for Disposition of A Detainer,"
      (Attachment 7).

   9. If the requesting prosecutor does not pick up the
      inmate within 180 days, send the original certified
      mail receipt to the Interstate Detainer Coordinator,
      with a memorandum stating the inmate was "not picked
      up."

   10. If the presiding court has not granted the
      prosecutor a continuance, the Interstate Detainer
      Coordinator will dismiss all detainers listed on
      FORM IV.

C. If the Prosecutor Requests Temporary Custody: A
   prosecutor who has lodged a detainer may request custody
   of the prisoner using a document similar to "FORM V:
   Request for Temporary Custody" (Attachment 8).

   1. Upon receiving "FORM V: Request for Temporary
      Custody" directly from the prosecutor, the
      institution should check the inmate's file to see if

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   the prosecutor has already lodged a detainer for the
   actions stated on FORM V.

   a. If not, do not talk to the inmate.  Immediately
      call the Interstate Detainer Coordinator in
      Releases & Agreements Section, Inmate
      Administration.

   b. If the appropriate detainer is in the inmate's
      file, the Warden or designee immediately should
      give the inmate a copy of FORM V only (not the
      accompanying documents), and determine whether
      the inmate wishes to challenge the detainer as
      described in Attachment 9, "Memo of Information
      Regarding Habeas Corpus Rights." This memo
      should be kept on file at the institution.

2. The institution should use Attachment 10, "Inmate
   Acknowledgment of Notification of Request for
   Temporary Custody," to notify Central Office whether
   or not the Inmate objects.

   a. The inmate's signature on Attachment 10 waives
      his right to file a writ of habeas corpus.  The
      institution must have the signature notarized.

   b. The inmate may indicate his intention to file a
      writ of habeas corpus by refusing to sign
      Attachment 10. The notary should sign the form
      at the bottom next to "INMATE REFUSED TO SIGN."

   c. Immediately fax one copy of the notarized
      Attachment 10 to Central Office. Put one copy
      in the inmate's file. Send the original to
      Central Office via institution mail.

3. The Interstate Detainer Coordinator will notify the
   Governor of the request for temporary custody using
   Attachment 11, "Governor's Notification of Other
   State's Request for Temporary Custody."

   a. Attachment 11 provides the Governor a means to
      oppose the other state's request.

   b. The Governor has thirty (30) days to indicate
      his or her wishes, from the date the Interstate

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      Detainer Coordinator receives FORM V from the
      requesting state.

   c. The Governor will sign Attachment 11 and return
      it to the Interstate Detainer Coordinator.

4. If the Governor approves the request for temporary
   custody, the Interstate Detainer Coordinator will
   determine whether the inmate has pending challenges
   to the detainer.

   a. Once any such challenges have been resolved,
      the Interstate Detainer Coordinator will
      forward two copies of the Governor's approval
      to the institution.

   b. Give one copy to the inmate. Place one copy in
      the inmate's institution file.

5. If the Governor approves, but the inmate is
   challenging, the Interstate Detainer Coordinator
   will hold the Governor's approval until the inmate's
   challenge is resolved.

6. The institution may relinquish custody to the
   receiving state only after receipt of a teletype
   from the Interstate Detainer Coordinator.  Receipt
   of the Governor's approval without the teletype does
   not authorize the institution to relinquish custody
   to anyone.

7. If the Governor disapproves, the Interstate Detainer
   Coordinator will notify the prosecutor by letter.

8. Upon receipt of the Governor's approval, the
   institution should complete FORM III and FORM IV
   (Attachments 5 & 6, respectively). Attach both
   forms together. Distribute copies as follows:

   a. Give one copy of each form to the inmate.

   b. Put one copy of each form in the inmate's file.

   c. Send one copy of each form to the receiving
      prosecutor.

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      d. Send one copy of each form to the court of
         jurisdiction.

      e. Send one copy of each form to the prosecutor
         and court of each additional jurisdiction in
         the receiving state which has lodged a detainer
         for unresolved actions regarding the inmate. A
         letter should accompany these forms. It should
         1) notify the recipients which jurisdiction has
         requested temporary custody; 2) inform the
         recipients that they must bring the prisoner to
         trial under the terms of Article IV of the
         Agreement; 3) request the prosecutor to
         complete and return "FORM VIII: Prosecutor's
         Acceptance of temporary Custody Offered in
         Connection with another Prosecutor's Request
         for Disposition of a Detainer" (Attachment 12).

      f. All copies sent to prosecuting officials and
         clerks of court must be sent by certified or
         registered mail, return receipt requested, at
         the institution's expense.

   9. Notify the inmate promptly upon receipt of any FORM
      VIII indicating a prosecutor's intention to bring
      the inmate to trial.

D. Exchange of Custody:  FORMS VII and VIII notify the
   Warden of the receiving state's intentions as to the date
   the inmate will be needed for trial. At some point after
   receipt of FORM VII or FORM VIII, the Warden should also
   receive a document similar to "FORM VI: Agent's
   Authority to Act for Receiving State" (Attachment 13).

   1. FORM VI, by itself, does NOT authorize the
      institution to relinquish custody of the inmate.

   2. The Interstate Detainer Coordinator will also
      receive FORM VI from the receiving state. The
      Coordinator will review all related material. If
      all requirements have been met, the Coordinator will
      send an authorization teletype to the institution.
      This teletype, in conjunction with the Warden's copy
      of FORM VI, authorizes the institution to relinquish
      custody to the agent identified on FORM VI.

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      3. When the agent arrives, ensure that the agent has
         the following items:

         a. proper identification indicating he or she is
            the person described on FORM VI

         b. a signed copy of FORM VI.

      4. Do not release the inmate into the custody of anyone
         not explicitly authorized on FORM VI.

      5. Notify Central Office by teletype or letter when the
         Inmate has been picked up by the Agent, and again
         when the inmate is returned.

   E. Disposition of Pending Actions:  By signing FORM VII or
      FORM VIII, the prosecutor(s) has agreed to complete and
      return disposition information on a document similar to
      "FORM IX: Prosecutor's Report on Disposition of Charges"
      (Attachment 14), immediately after the inmate's trial.

   F. Special Note:  The forms referred to in this document
      apply to Interstate Detainers only.  No institution shall
      reproduce any of the forms in the Attachments to use to
      respond to detainers from jurisdictions of the state of
      Georgia.

   G. Forms:  Each institution shall maintain supplies of FORMS
      I, II, III, and IV (Attachments 2, 4, 5, and 6), and
      Attachment 10, "Inmate Acknowledgment of Notification of
      Request for Temporary Custody." These forms will be
      published by Correctional Industries.

VII. RETENTION SCHEDULE:

   A. IIC06-0001 Attachments: 1,2,4,5,6,7,8,9,10,11,12,13 and
      14 of this SOP, upon completion, will be kept in the
      inmate case history file and the inmate case history file
      will be kept according to the official retention schedule
      for these files.