Interstate Agreement on Detainers

Interstate Agreement on Detainers: A Quick Overview

The Interstate Agreement on Detainers (IAD) is a compact made by the states in the United States. It is a key instrument for the efficient transfer of prisoners between states. The IAD is an important legal framework that enables states to handle detainers in an organized and structured way, and it reduces the possibility of error and confusion.

What is a Detainer?

A detainer is a notice that is given by one law enforcement agency to another, indicating that they have a prisoner in custody who is wanted for other criminal charges. Detainers are important tools for law enforcement when arresting individuals who have active warrants in other jurisdictions. Detainers are also crucial when prisoners need to be transferred between different states.

Why was the IAD Created?

The IAD was created in 1970 to provide a framework for the safe and orderly transfer of prisoners between different states. The IAD is a legally binding agreement between states that have adopted the compact, and it ensures that prisoners are transferred according to established rules and procedures. The agreement helps to prevent delays and allows for the efficient exchange of information between states.

What are the Key Features of the IAD?

The IAD has several key features that make it an essential tool for law enforcement agencies across the country. These features include:

1. Notice of Custody: When a prisoner is incarcerated in one state and has a detainer from another state, the detaining state must complete a notice of custody that is sent to the state where the warrant was issued.

2. Temporary Custody: The state that has issued the warrant may then request temporary custody of the prisoner. The prisoner will be temporarily transferred to the jurisdiction that issued the warrant, and the detaining state will be informed of the transfer.

3. Time Limits: The IAD places strict time limits on the transfer of prisoners between states. This helps to ensure that prisoners are not held for extended periods of time in one state, and it reduces the possibility of legal challenges.

4. Consistency: The IAD establishes consistent procedures for the transfer of prisoners between states. This helps to ensure that all parties involved in the transfer process are following the same rules and procedures.

Conclusion

The Interstate Agreement on Detainers is an essential tool for law enforcement agencies in the United States. It provides clear rules and procedures for the transfer of prisoners between states, and it reduces errors and delays. The IAD is an important legal framework that helps to maintain public safety and ensure that justice is served.

« »