SOP 222.04-att-9: Interstate Agreement on Detainers - Habeas Corpus Rights Information Memo
Summary
This memo informs wardens and superintendents about inmates' rights under the Interstate Agreement on Detainers, specifically their right to file a Writ of Habeas Corpus to challenge a receiving state's custody request, as established in Cuyler v. Adams (1981). Facilities must complete and notarize the attached form to document that inmates are aware of these rights and forward it to the Department of Corrections Releases and Agreement Officer. The completed form is retained in the inmate's case history file.
Key Topics
- Interstate Agreement on Detainers
- habeas corpus rights
- Writ of Habeas Corpus
- inmate rights
- custody challenges
- detainer requests
- judicial hearing
- interstate transfers
- inmate release procedures
Full Text
E.DONALD
Commissioner
GEORGIA DEPARTMENT OF CORRECTIONS `Attachment 9`
CORRECTIONS DIVISION `IIC06-0001`
Floyd Veterans Memorial Building 12/15/07
Room 1566 - East Tower
Atlanta, Georgia 30334
Information (404) 656-2809
M E M O R A N D U M
TO: Warden/Superintendent
FROM: Arnie DePetro, Division Director
Corrections Division
RE: Interstate Agreement on Detainers
In Cuyler v. Adams, 66 L.Ed.2d 641 (1981), the United States Supreme
Court held that when a state requests an inmate through the Interstate
Agreement on Detainers, the inmate has the right to a judicial hearing in
which the inmate can bring a limited challenge to the receiving state's
custody request. This decision does not apply to that inmate who
requests disposition of an outstanding detainer and initiates a request
for disposition of the pending charges.
The attached forms should be completed and notarized to insure that
subject is aware of his right to challenge his return to the requesting
state through the filing of a Writ of Habeas Corpus.
This form should be forwarded to the Department of Corrections to the
attention of the Releases and Agreement Officer as soon as it is
completed.
Attachment
Retention Schedule:
Upon completion, a copy of this paperwork will be kept in the inmate case
history file.