NCJ Number
72701
Journal
Fordham Law Review Volume: 46 Issue: 3 Dated: (1977) Pages: 492-527
Date Published
1977
Length
36 pages
Annotation
The courts controversy over whether the Interstate Agreement on Detainers (Agreement) covers the writ of habeas corpus ad prosequendum (writ) as well as detainers is examined and conclusions drawn.
Abstract
A detainer, typically in the form of a hold order or warrant, is a notification by officials in the accusing jurisdiction to incarcerating authorities that a prisoner is wanted sto face charges. The jurisdiction which files a detainer requests that, upon completion of the prisoner's term, the prisoner will be availabe to the accusing jurisdictin for prosecution. The writ is a Federal court order, now in statutory form, which authorizes a prisoner's immediate delivery for prosecution by Federal authorities. The Agreement was established in 1970 to ameliortate the once-debilitating plight of prisoners against whom detainers has been filed jby establishing cooperative and expeditious procedures to bring about a final disposition of the pending charges. The Second and Third Circuits have interpreted the scope of the Agreement to include the writ, while the First, Fifth, and Sixth circuits have refused to classify the writ as a detainer under the Agreement. In the absence of Congress' express exclusion of the writ form the Agreement, it appears sensible and just to classify the writ as a detainer within the meaning of the Agreement. Since transfer under the writ has the potential for abuses similar to those associated with the detainer, the Agreement could also act to remedy writ abuses. Issues of retroactivity and collateral attack are discussed. Footnotes are provided.