SOP_NUMBER: 222.04
TITLE: Interstate Detainers
REFERENCE_CODE: IIC06-0001
DIVISION: Facilities
TOPIC_AREA: Court/Release/Transport/Transfer
EFFECTIVE_DATE: 2007-12-15
WORD_COUNT: 2665
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105777
URL: https://gps.press/sop-data/222.04/
SUMMARY:
This policy establishes Georgia Department of Corrections procedures for cooperating with the Interstate Agreement on Detainers, which allows other states to secure temporary custody of Georgia inmates to dispose of pending criminal charges. The policy applies to all state and county institutions and transitional centers, and outlines the processes for placing detainers, notifying inmates of their rights, requesting disposition of charges, and transferring custody between states.
KEY_TOPICS: interstate detainers, Interstate Agreement on Detainers, temporary custody, pending indictments, inmate transfer, inter-state prosecution, detainer placement, disposition of charges, receiving state, sending state, criminal charges, inmate notification, OTIS system, prosecutor requests
ATTACHMENTS:
1. Letter of Acknowledgment of Detainer (Attachment 1, IIC06-0001)
URL: https://gps.press/sop-data/222.04-att-1/
2. FORM I_ Notice of Untried Indictment Right to Request Disposition
URL: https://gps.press/sop-data/222.04-att-2/
3. States Participating in the Interstate Agreement on Detainers
URL: https://gps.press/sop-data/222.04-att-3/
4. FORM II_ Inmate's Notice of Place of Imprisonment and Request for Disposition
URL: https://gps.press/sop-data/222.04-att-4/
5. FORM III_ Certificate of Inmate Status
URL: https://gps.press/sop-data/222.04-att-5/
6. FORM IV_ Offer to Deliver Temporary Custody
URL: https://gps.press/sop-data/222.04-att-6/
7. FORM VII_ Prosecutor's Acceptance of Temp Custody
URL: https://gps.press/sop-data/222.04-att-7/
8. FORM V_ Request for Temp Custody
URL: https://gps.press/sop-data/222.04-att-8/
9. Interstate Agreement on Detainers - Habeas Corpus Rights Information Memo
URL: https://gps.press/sop-data/222.04-att-9/
10. Inmate Acknowledgment of Notification of Request for Temporary Custody
URL: https://gps.press/sop-data/222.04-att-10/
11. Governor's Notification of Other State's Request for Temporary Custody
URL: https://gps.press/sop-data/222.04-att-11/
12. FORM VIII_ Prosecutor's Acceptance of Temp Custody
URL: https://gps.press/sop-data/222.04-att-12/
13. FORM VI_ Evidence of Agent's Authority to Act for Receiving State
URL: https://gps.press/sop-data/222.04-att-13/
14. FORM IX_ Prosecutor's Report on Disposition of Charges
URL: https://gps.press/sop-data/222.04-att-14/
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FULL TEXT:
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|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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`IIC06-0001`|
```
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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`IIC06-0001`|
```
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.
```