§3042. Disposition of detainers
611 words·~3 min read·
/me/title-34-a-corrections/chapter-3-correctional-facilities/3042·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Notice to prisoner. The commissioner, chief administrative officer or other official having custody of a prisoner serving a term of imprisonment in a correctional facility in this State shall promptly inform the prisoner in writing of:
A. The source and contents of any untried indictment, information or complaint pending in this State against the prisoner of which the commissioner, warden or other official has knowledge; and [PL 1983, c. 459, §6 (NEW).]
B. The prisoner's right to request a final disposition of the untried indictment, information or complaint. [PL 1983, c. 459, §6 (NEW).]
[PL 1983, c. 459, §6 (NEW).]
2. Right to trial. A prisoner serving a term of imprisonment in a correctional facility in this State is entitled to be brought to trial on any untried indictment, information or complaint pending in this State against him within 180 days after giving proper notice in accordance with subsections 3 and 4 .
[PL 1983, c. 459, §6 (NEW).]
3. Proper notice. To constitute proper notice under subsection 2 , the prisoner must send to the prosecuting official of the county in which the indictment, information or complaint is pending, and to the appropriate court, the following:
A. Written notice of the place of imprisonment; [PL 1983, c. 459, §6 (NEW).]
B. Written notice of the request for final disposition to be made of the untried indictment, information or complaint; and [PL 1983, c. 459, §6 (NEW).]
C. A certificate of the commissioner, warden or other official having custody of the prisoner stating:
(1)The term of commitment under which the prisoner is held;
(2)The time already served on the sentence;
(3)The time remaining to be served;
(4)The total of deductions received and retained;
(5)The time of parole eligibility of the prisoner; and
(6)Any decisions of the State Parole Board relating to the prisoner. [PL 2019, c. 113, Pt. C, §96 (AMD).]
[PL 2019, c. 113, Pt. C, §96 (AMD).]
4. Manner of giving proper notice. The manner of giving proper notice under subsection 2 is as follows.
A. The prisoner shall give or send the written notice of place of imprisonment and the written notice of request for final disposition to the commissioner, warden or other official having custody of him. [PL 1983, c. 459, §6 (NEW).]
B. The commissioner, warden or other official having custody of the prisoner shall promptly forward the written notices, together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. [PL 1983, c. 459, §6 (NEW).]
[PL 1983, c. 459, §6 (NEW).]
5. Continuance. For good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
[PL 1987, c. 167, §1 (RPR).]
6. Time limitation. If the prisoner is not brought to trial on the untried indictment, information or complaint within 180 days after the prisoner gave or sent proper notice under subsection 2 :
A. The untried indictment, information or complaint is no longer of any force or effect; [PL 1987, c. 167, §2 (AMD).]
B. No court has jurisdiction over it; and [PL 1983, c. 459, §6 (NEW).]
C. The appropriate court shall enter an order dismissing it with prejudice. [PL 1983, c. 459, §6 (NEW).]
[PL 1987, c. 167, §2 (AMD).]
7. Effect of escape. If a prisoner escapes from custody after his execution of the request for final disposition, his request is voided.
[PL 1983, c. 459, §6 (NEW).]
8. Exception. This section does not apply to any person adjudged to be mentally ill.
[PL 1983, c. 459, §6 (NEW).]