TAKING STOCK OF DETAINER STATUTES

• NCJ Number: 50176
• Journal: Loyola of Los Angeles Law Review Volume: 8 Issue: 1 Dated: (FEBRUARY 1975) Pages: 88-138
• Author(s): L W YACKLE
• Date Published: 1975
• Length: 51 pages
• Corporate Author: Loyola University of Los Angeles
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE CONSTITUTIONALITY OF UNIFORM STATUTES PROMULGATED TO DEAL WITH PROBLEMS ASSOCIATED WITH DETAINERS IS CHALLENGED, AND A LEGISLATIVE SOLUTION IS PROPOSED.

Abstract

A DETAINER IS A WARRANT OR HOLD-ORDER PLACED ON A PERSON ALREADY IN CUSTODY TO INSURE THAT, UPON COMPLETION OF THE TERM BEING SERVED, THE INMATE WILL BE AVAILABLE TO THE AUTHORITY FILING THE DETAINER. THE MOST COMMON TYPE OF DETAINER IS THAT BASED ON OUTSTANDING CRIMINAL CHARGES PENDING AGAINST THE INMATE. TWO STATUTES -- THE UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT AND THE AGREEMENT ON DETAINERS -- HAVE ATTEMPTED TO ADDRESS THE PROBLEMS THAT ARISE WHEN AN INMATE FACES AN OUTSTANDING CRIMINAL CHARGE. THE FORMER STATUTE, WHICH GOVERNS CRIMINAL PROSECUTION PENDING IN THE JURISDICTION WHERE THE INMATE IS CONFINED, HAS BEEN ENACTED IN AT LEAST SIX STATES. THE LATTER, WHICH APPLIES WHEN THE OUTSTANDING CHARGE IS PENDING IN ANOTHER JURISDICTION, HAS BEEN ENACTED BY AT LEAST 40 STATES, THE DISTRICT OF COLUMBIA, AND THE FEDERAL GOVERNMENT. DESIGNED TO RESOLVE ADMINISTRATIVE DIFFICULTIES SURROUNDING DETAINERS, THE STATUTES IGNORE CONSTITUTIONAL IMPLICATIONS. THE STATUTES ARE INCONSISTENT WITH BOTH THE 6TH AMENDMENT RIGHT TO A SPEEDY TRIAL AND THE EQUAL PROTECTION CLAUSE OF THE 14TH AMENDMENT. LEGISLATION SHOULD BE ADOPTED REQUIRING PROSECUTORS TO PROCEED AGAINST INMATES JUST AS THEY PROCEED AGAINST DEFENDANTS WHO ARE NOT ALREADY INCARCERATED. ANY PRACTICAL DIFFICULTIES THAT ARISE IN CASES INVOLVING INMATES SHOULD BE HANDLED BY PERMITTING CONTINUANCES FOR GOOD CAUSE. THE GENERAL SPEEDY TRIAL STATUTE SHOULD BE AMENDED TO MAKE IT CLEARLY APPLICABLE TO PRISON INMATES, AND ALL REFERENCES TO DETAINERS BASED ON UNTRIED CHARGES SHOULD BE EXCISED FROM THE AGREEMENT ON DETAINERS. THE PROPOSED AMENDMENT TO THE SPEEDY TRIAL STATUTE SHOULD ELIMINATE THE NEED FOR THE PROCESS DELINEATED IN THE INTRASTATE DETAINER STATUTE. SUGGESTED ADDITIONS TO AND DELETIONS FROM THE AGREEMENT ON DETAINERS ARE APPENDED. FOOTNOTES ARE PROVIDED. (LKM)