Okla. Stat. tit. 22, § 22-1347

The Interstate Agreement on Detainers is hereby enacted into law

and entered into by this state with all jurisdictions legally

joining in substantially the following form:

"The contracting states solemnly agree that:

Article I

The party states find that charges outstanding against a

prisoner, detainers based on untried indictments, informations or

complaints and difficulties in securing speedy trial of persons

already incarcerated in other jurisdictions, produce uncertainties

which obstruct programs of prisoner treatment and rehabilitation.

Accordingly, it is the policy of the party states and the purpose of

this agreement to encourage the expeditious and orderly disposition

of such charges and determination of the proper status of any and

all detainers based on untried indictments, informations or

complaints. The party states also find that proceedings with

reference to such charges and detainers, when emanating from another

jurisdiction, cannot properly be had in the absence of cooperative

procedures. It is the further purpose of this agreement to provide

such cooperative procedures.

Article II

As used in this agreement:

(a) "State" shall mean a state of the United States; the United

States of America; a territory or possession of the United States;

the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" shall mean a state in which a prisoner is

incarcerated at the time that he initiates a request for final

disposition pursuant to Article III hereof or at the time that a

request for custody or availability is initiated pursuant to Article

IV hereof.

Oklahoma Statutes - Title 22. Criminal Procedure Page 504

(c) "Receiving state" shall mean the state in which trial is to

be had on an indictment, information or complaint pursuant to

Article III or Article IV hereof.

Article III

(a) Whenever a person has entered upon a term of imprisonment

in a penal or correctional institution of a party state, and

whenever during the continuance of the term of imprisonment there is

pending in any other party state any untried indictment, information

or complaint on the basis of which a detainer has been lodged

against the prisoner, he shall be brought to trial within one

hundred eighty (180) days after he shall have caused to be delivered

to the prosecuting officer and the appropriate court of the

prosecuting officer's jurisdiction written notice of the place of

his imprisonment and his request for final disposition to be made of

the indictment, information or complaint; provided, that, 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. The request of the prisoner

shall be accompanied by a certificate of the appropriate official

having custody of the prisoner, stating the term of commitment under

which the prisoner is being held, the time already served, the time

remaining to be served on the sentence, the amount of good time

earned, the time of parole eligibility of the prisoner and any

decision of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition

referred to in paragraph (a) hereof shall be given or sent by the

prisoner to the warden, commissioner of corrections or any other

official having custody of him, who shall promptly forward it

together with the certificate to the appropriate prosecuting

official and court by registered or certified mail, return receipt

requested.

(c) The warden, commissioner of corrections or other official

having custody of the prisoner shall promptly inform him of the

source and contents of any detainer lodged against him and shall

also inform him of his right to make a request for final disposition

of the indictment, information or complaint on which the detainer is

based.
y registered or certified mail, return receipt

requested.

(c) The warden, commissioner of corrections or other official

having custody of the prisoner shall promptly inform him of the

source and contents of any detainer lodged against him and shall

also inform him of his right to make a request for final disposition

of the indictment, information or complaint on which the detainer is

based.

(d) Any request for final disposition made by a prisoner

pursuant to paragraph (a) hereof shall operate as a request for

final disposition of all untried indictments, informations or

complaints on the basis of which detainers have been lodged against

the prisoner from the state to whose prosecuting official the

request for final disposition is specifically directed. The warden,

commissioner of corrections or other official having custody of the

prisoner shall forthwith notify all appropriate prosecuting officers

and courts in the several jurisdictions within the state to which

the prisoner's request for final disposition is being sent of the

Oklahoma Statutes - Title 22. Criminal Procedure Page 505

proceeding being initiated by the prisoner. Any notification sent

pursuant to this paragraph shall be accompanied by copies of the

prisoner's written notice, request and the certificate. If trial is

not had on any indictment, information or complaint contemplated

hereby prior to the return of the prisoner to the original place of

imprisonment, such indictment, information or complaint shall not be

of any further force or effect, and the court shall enter an order

dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner

pursuant to paragraph (a) hereof shall also be deemed to be a waiver

of extradition with respect to any charge or proceeding contemplated

thereby or included therein by reason of paragraph (d) hereof, and a

waiver of extradition to the receiving state to serve any sentence

there imposed upon him, after completion of his term of imprisonment

in the sending state. The request for final disposition shall also

constitute a consent by the prisoner to the production of his body

in any court where his presence may be required in order to

effectuate the purposes of this agreement and a further consent

voluntarily to be returned to the original place of imprisonment in

accordance with the provisions of this agreement. Nothing in this

paragraph shall prevent the imposition of a concurrent sentence if

otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his

execution of the request for final disposition referred to in

paragraph (a) hereof shall void the request.

Article IV

(a) The appropriate officer of the jurisdiction in which an

untried indictment, information or complaint is pending shall be

entitled to have a prisoner against whom he has lodged a detainer

and who is serving a term of imprisonment in any party state made

available in accordance with Article V (a) hereof upon presentation

of a written request for temporary custody or availability to the

appropriate authorities of the state in which the prisoner is

incarcerated; provided, that the court having jurisdiction of such

indictment, information or complaint shall have duly approved,

recorded and transmitted the request; and provided further, that

there shall be a period of thirty (30) days after receipt by the

appropriate authorities before the request be honored, within which

period the Governor of the sending state may disapprove the request

for temporary custody or availability, either upon his own motion or

upon motion of the prisoner.
aint shall have duly approved,

recorded and transmitted the request; and provided further, that

there shall be a period of thirty (30) days after receipt by the

appropriate authorities before the request be honored, within which

period the Governor of the sending state may disapprove the request

for temporary custody or availability, either upon his own motion or

upon motion of the prisoner.

(b) Upon request of the officer's written request as provided

in paragraph (a) hereof, the appropriate authorities having the

prisoner in custody shall furnish the officer with a certificate

stating the term of commitment under which the prisoner is being

held, the time already served, the time remaining to be served on

the sentence, the amount of good time earned, the time of parole

Oklahoma Statutes - Title 22. Criminal Procedure Page 506

eligibility of the prisoner and any decisions of the state parole

agency relating to the prisoner. Said authorities simultaneously

shall furnish all other officers and appropriate courts in the

receiving state who has lodged detainers against the prisoner with

similar certificates and with notices informing them of the request

for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this article,

trial shall be commenced within one hundred twenty (120) days of the

arrival of the prisoner in the receiving state, but 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.

(d) Nothing contained in this article shall be construed to

deprive any prisoner of any right which he may have to contest the

legality of his delivery as provided in paragraph (a) hereof, but

such delivery may not be opposed or denied on the ground that the

executive authority of the sending state has not affirmatively

consented to or ordered such delivery.

(e) If trial is not had on any indictment, information or

complaint contemplated hereby prior to the prisoner's being returned

to the original place of imprisonment pursuant to Article V (e)

hereof, such indictment, information or complaint shall not be of

any further force or effect, and the court shall enter an order

dismissing the same with prejudice.

Article V

(a) In response to a request made under Article III or Article

IV hereof, the appropriate authority in a sending state shall offer

to deliver temporary custody of such prisoner to the appropriate

authority in the state where such indictment, information or

complaint is pending against such person in order that speedy and

efficient prosecution may be had. If the request for final

disposition is made by the prisoner, the offer of temporary custody

shall accompany the written notice provided for in Article III of

this agreement. In the case of a federal prisoner, the appropriate

authority in the receiving state shall be entitled to temporary

custody as provided by this agreement or to the prisoner's presence

in federal custody at the place of trial, whichever custodial

arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an

offer of temporary custody shall present the following upon demand:

(1) Proper identification and evidence of his authority to act

for the state into whose temporary custody this prisoner is to be

given.

(2) A duly certified copy of the indictment, information or

complaint on the basis of which the detainer has been lodged and on

the basis of which the request for temporary custody of the prisoner

has been made.

Oklahoma Statutes - Title 22. Criminal Procedure Page 507
dentification and evidence of his authority to act

for the state into whose temporary custody this prisoner is to be

given.

(2) A duly certified copy of the indictment, information or

complaint on the basis of which the detainer has been lodged and on

the basis of which the request for temporary custody of the prisoner

has been made.

Oklahoma Statutes - Title 22. Criminal Procedure Page 507

(c) If the appropriate authority shall refuse or fail to accept

temporary custody of said person, or in the event that an action on

the indictment, information or complaint on the basis of which the

detainer has been lodged is not brought to trial within the period

provided in Article III or Article IV hereof, the appropriate court

of the jurisdiction where the indictment, information or complaint

has been pending shall enter an order dismissing the same with

prejudice, and any detainer based thereon shall cease to be of any

force or effect.

(d) The temporary custody referred to in this agreement shall

be only for the purpose of permitting prosecution on the charge or

charges contained in one or more untried indictments, informations

or complaints which form the basis of the detainer or detainers or

for prosecution on any other charge or charges arising out of the

same transaction. Except for his attendance at court and while

being transported to or from any place at which his presence may be

required, the prisoner shall be held in a suitable jail or other

facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the

purposes of this agreement, the prisoner shall be returned to the

sending state.

(f) During the continuance of temporary custody or while the

prisoner is otherwise being made available for trial as required by

this agreement, time being served on the sentence shall continue to

run but good time shall be earned by the prisoner only if, and to

the extent that, the law and practice of the jurisdiction which

imposed the sentence may allow.

(g) For all purposes other than that for which temporary

custody as provided in this agreement is exercised, the prisoner

shall be deemed to remain in the custody of and subject to the

jurisdiction of the sending state and any escape from temporary

custody may be dealt with in the same manner as an escape from the

original place of imprisonment or in any other manner permitted by

law.

(h) From the time that a party state receives custody of a

prisoner pursuant to this agreement until such prisoner is returned

to the territory and custody of the sending state, the state in

which the one or more untried indictments, informations or

complaints are pending or in which trial is being had shall be

responsible for the prisoner and shall also pay all costs of

transporting, caring for, keeping and returning the prisoner. The

provisions of this paragraph shall govern unless the states

concerned shall have entered into a supplementary agreement

providing for a different allocation of costs and responsibilities

as between or among themselves. Nothing herein contained shall be

construed to alter or affect any internal relationship among the

departments, agencies and officers of and in the government of a

Oklahoma Statutes - Title 22. Criminal Procedure Page 508

party state, or between a party state and its subdivisions, as to

the payment of costs, or responsibilities therefor.

Article VI

(a) In determining the duration and expiration dates of the

time periods provided in Articles III and IV of this agreement, the

running of said time periods shall be tolled whenever and for as

long as the prisoner is unable to stand trial, as determined by the

court having jurisdiction of the matter.
and its subdivisions, as to

the payment of costs, or responsibilities therefor.

Article VI

(a) In determining the duration and expiration dates of the

time periods provided in Articles III and IV of this agreement, the

running of said time periods shall be tolled whenever and for as

long as the prisoner is unable to stand trial, as determined by the

court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made

available by this agreement shall apply to any person who is

adjudged to be mentally ill.

Article VII

Each state party to this agreement shall designate an officer

who, acting jointly with like officers of other party states, shall

promulgate rules and regulations to carry out more effectively the

terms and provisions of this agreement, and who shall provide,

within and without the state, information necessary to the effective

operation of this agreement.

Article VIII

This agreement shall enter into full force and effect as to a

party state when such state has enacted the same into law. A state

party to this agreement may withdraw herefrom by enacting a statute

repealing the same. However, the withdrawal of any state shall not

affect the status of any proceedings already initiated by inmates or

by the state officers at the time such withdrawal takes effect, nor

shall it affect their rights in respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate

its purposes. The provisions of this agreement shall be severable

and if any phrase, clause, sentence or provision of this agreement

is declared to be contrary to the constitution of any party state or

of the United States or the applicability thereof to any government,

agency, person or circumstance is held invalid, the validity of the

remainder of this agreement and the applicability thereof to any

government, agency, person or circumstance shall not be affected

thereby. If this agreement shall be held contrary to the

constitution of any state party hereto, the agreement shall remain

in full force and effect as to the remaining states and in full

force and effect as to the state affected as to all severable

matters."