Wv Interstate Agreement On Detainers

Party States note that the indictment of a prisoner, detainees on the basis of unproven charges, information or complaints, and difficulties in securing speedy trials against persons already detained in other jurisdictions creates uncertainties that hinder the treatment and rehabilitation programmes of prisoners. Accordingly, the policy of the States of the Parties and the objective of this agreement are to promote the prompt and orderly organization of such charges and the determination of the regular status of all detainees on the basis of unfounded accusations, information or complaints. The party also stresses that proceedings relating to such charges and detention, if they come from another jurisdiction, cannot be carried out properly without a cooperative procedure. The other purpose of this agreement is to provide for such cooperation procedures. (e) Any request for a definitive order from a prisoner referred to in paragraph (a) is also considered a waiver of extradition with respect to the indictment or procedure contemplated or included under paragraph (d) of that version and the waiver of extradition to the host state to serve a sentence imposed on him after the end of his prison sentence in the State of origin. The request for a final decision also constitutes the consent of the detainee for the presentation of his body in each jurisdiction, if his presence may be necessary to carry out the purposes of this agreement, and another consent which, in accordance with the provisions of that agreement, will be voluntarily returned to the place of initial detention. There is nothing in this paragraph to prevent the imposition of a concurrent sentence if the law permits. b) Persons classified as mentally ill are not subject to the provisions of this agreement or to the remedies provided by this agreement. (g) For all purposes other than those for which temporary custody is exercised under this arrangement, the prisoner is considered to be in the custody of the sending state and is subject to the jurisdiction of the Sending State, and any escape from temporary conservatory custody may be treated in the same way as an escape from the original place of detention or other legal means.

(a) At the request of Article III or Article IV of the following article, the competent authority of a State of origin proposes to transfer the temporary custody of that prisoner to the competent authority of the State where such an indictment, information or complaint is pending against that person, in order to allow swift and effective prosecution; If the request for a final decision is made by the prisoner, the offer of temporary custody is attached to the written notification provided for in Article III of this agreement. In the case of a federal prisoner, the competent authority of the host Member State is entitled to temporary provisional custody in accordance with this agreement or the presence of the prisoner in federal detention at the for, depending on the custodial sentence that may be authorized by the custodian.