Title 42, Chapter 6, Section 5
( 42-6-5)
(a) In response to the request of an inmate for final disposition of any pending indictment or accusation made pursuant to Code Section 42-6-3 or pursuant to an order of a court entered pursuant to subsection (a) of Code Section 24-10-60, the department shall offer to deliver temporary custody of the inmate to the sheriff or a deputy sheriff of the county in which the indictment or accusation is pending against the inmate. The judge of the court in which the proceedings are pending is authorized to and shall issue an ex parte order directed to the department requiring the delivery of the inmate to the sheriff or a deputy sheriff of the county in which the trial is to be held. (b) The sheriff or a deputy sheriff of a county accepting temporary
custody of an inmate shall present proper identification and a
certified copy of the indictment or accusation upon which trial is
to be had. (c) If the sheriff or deputy sheriff fails or refuses to accept
temporary custody of the inmate, detainers based upon indictments or
accusations upon which trial has been sought shall be stricken and
dismissed from the records of the department. (d) The temporary custody referred to in this article shall be only
for the purpose of permitting prosecution on the pending indictments
or accusations which form the basis of the detainer or detainers
filed against the inmate. (e) At the earliest practicable time consonant with the purposes of
this article, the inmate shall be returned by the sheriff or a
deputy sheriff to the custody of the department. (f) During the continuance of temporary custody or while the inmate
is otherwise being made available for trial as required by this
article, the sentence being served by the inmate shall continue to
run and good time shall be earned by the inmate to the same extent
that the law allows for any other inmate serving under the
jurisdiction of the department. (g) From the time that the sheriff or a deputy sheriff receives
custody of an inmate pursuant to this article and until the inmate
is returned to the physical custody of the department, the county to
which the inmate is transported shall be responsible for the
safekeeping of the inmate and shall pay all costs of transporting,
caring for, keeping, and returning the inmate. Any habeas corpus
action instituted by the inmate while in the custody of the sheriff
shall be defended by the county attorney and the expenses of such
litigation shall be paid by the county. |