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What Is A Federal Detainer Agreement | Malort Salzburg

What Is A Federal Detainer Agreement

Article III of the agreement allows a prisoner to definitively arrest an unsolved charge, information or complaint against him in another state on the basis of which a detainee has been laid against him. Article IV allows the Crown of a state in which an unproven indictment, information or complaint is pending, to obtain temporary health detention for a prisoner against whom it has filed a detainee by filing a “written application” for conservatory custody with the incarcerated state. Article V provides for a detailed procedure for obtaining temporary conservatory custody. The courts do not agree on whether the anti-shuttling provisions of the agreement are violated by a short period of detention of less than one day that will not interrupt the prisoner`s rehabilitation programme. United States vs. Roy, 830 F.2d 628, 635-636 (7th Cir. 1987); Sassoon v. Stynchcombe, 654 F.2d 371 (5th Cir. 1981). Similarly, the return of a federal accused to a public institution where he or she will be held under contract as a federal inmate should not be contrary to the “anti-shuttling” provisions.

See UNITED States v. Sorrell, 562 F.2d 227, 229 n. 3 (bench), cert. United States vs. Thompson, 562 F.2d 232, 234 (3. Cir. 1977) (on bench), cert. However, given the heavy penalties imposed for non-compliance with anti-shuttling provisions, one should be extremely careful before deviating in any way from the strict dictates of Article IV, point e), and Section 9 of the agreement. Discretion in the tribute to the letters: the American marshal is not required to respond to a request from a federal prisoner in his custody, in accordance with a letter of state or local. As a general rule, registration is not honoured until the end of the prisoner`s conviction.

The USM exercises discretion in honouring a government or local letter when a prisoner is a protected witness, has medical problems or poses a high security risk. Federal State Civil Prisoners: If they have a properly executed court order, U.S. Marshals can comply with requests for the production of federal prisoners in state civil matters. A prosecutor is responsible for the cost of producing it.

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