Title 42, Chapter 6, Section 3
( 42-6-3)
(a) Whenever a person has entered upon a term of imprisonment in a
penal institution under the jurisdiction of the department and
whenever during the continuance of the term of imprisonment there is
pending in any court in this state any untried indictment or
accusation on the basis of which a detainer has been filed against
such an inmate, he shall be brought to trial within two terms of
court after he has caused to be delivered to the prosecuting officer
and the clerk of the appropriate court of the prosecuting officer's
jurisdiction written notice of the place of his imprisonment and his
request that a final disposition be made of the indictment or
accusation; provided, however, that, for good cause shown in open
court, the inmate or his counsel being present, the court having
jurisdiction of the matter may grant any necessary or reasonable
continuance. The request of the inmate shall be accompanied by a
certificate of the department stating the term of commitment under
which the inmate is being held, the computed expiration date of the
commitment, and the time of parole eligibility of the inmate. (b) The written notice and request for final disposition referred to
in subsection (a) of this Code section shall be given or sent by the
inmate to the commissioner who shall promptly forward it, together
with the certificate referred to in subsection (a) of this Code
section, to the appropriate prosecuting officer and court by
registered or certified mail or statutory overnight delivery. (c) Within 15 days, the warden, superintendent, or other official
having physical custody of the inmate shall inform him of the source
and furnish him with a copy of the contents of any detainer filed
against him and shall also inform him of his right to make a request
for a final disposition of the indictment or accusation upon which
the detainer is based. (d) Any request for final disposition of a pending indictment or
accusation made by an inmate pursuant to subsection (a) of this Code
section shall operate as a request for final disposition of all
untried indictments or accusations on the basis of which detainers
have been filed against the inmate from the county to whose
prosecuting official the request for a final disposition is
specifically directed. The commissioner shall promptly notify all
interested prosecuting officers and courts in the several
jurisdictions within the county to which the inmate's request for
final disposition is being sent of the proceeding being initiated by
the inmate. Notification sent pursuant to this subsection shall be
accompanied by copies of the inmate's written notice and request and
by the certificate. If trial is not had on any indictment or
accusation upon which a detainer has been based within two terms of
court after the receipt by the appropriate prosecuting officers and
court of the inmate's request for final disposition, provided no
continuance has been granted, all detainers based upon such pending
indictments or accusations shall be stricken and dismissed from the
records of the department. (e) Escape from custody by an inmate subsequent to his execution of
the request for a final disposition of any pending indictment or
accusation shall automatically void the request for final
disposition and the same shall be stricken and dismissed from the
records of the department. |