We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding the Interstate Agreement on Detainers Act: Key Legal Insights
Definition & Meaning
The Interstate Agreement on Detainers Act (IADA) is a federal law established in 1956. It allows states to request custody of a prisoner who is incarcerated in another state for the purpose of facing charges. This agreement ensures that a prisoner can be tried for pending charges without unnecessary delays, even if they are already serving a sentence in a different jurisdiction. Under the Uniform Mandatory Disposition of Detainers Act, if a prisoner submits a written request for the resolution of charges in another state, that state is required to conduct the trial within 180 days of receiving the request.
Table of content
Legal Use & context
The IADA is primarily used in criminal law. It facilitates the transfer of prisoners between states so they can address outstanding charges. This process is crucial for ensuring that justice is served promptly and that prisoners are not held indefinitely due to unresolved legal matters. Users can manage aspects of this process with the help of legal forms available through US Legal Forms, which provide templates for requests and notifications related to detainers.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A prisoner in Florida has pending charges in Georgia. Upon submitting a request for the resolution of these charges, Georgia must schedule a trial within 180 days.
Example 2: A prisoner serving time in Texas is wanted for a crime in California. Texas receives a request from California to transfer the prisoner for trial, which must be addressed within the stipulated time frame. (hypothetical example)
Relevant laws & statutes
The primary statute governing this process is the Interstate Agreement on Detainers Act, codified at 18 U.S.C. App. 2. Additionally, individual states may have their own laws that complement the IADA.
State-by-state differences
State
Specific Provisions
California
Requires additional documentation for detainer requests.
Texas
Has specific timelines for processing requests under the IADA.
New York
Offers expedited hearings for detainer requests.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Common misunderstandings
What to do if this term applies to you
If you or someone you know is facing charges in another state while currently incarcerated, consider taking the following steps:
Consult with a legal professional to understand your rights and options.
Submit a written request for the disposition of charges to the appropriate authorities in the state with pending charges.
Explore US Legal Forms for templates that can assist in drafting your request.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.