Ga. Comp. R. & Regs. R. 125-2-4-.09 - Detainers

(1) A detainer is a written instrument executed by the prosecuting officer of a court and filed with the Department requesting that the Department retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending indictment or accusation, or to await final disposition on all appeals and other motions which are pending on any outstanding sentence, and to which is attached a copy of the indictment, accusation, or conviction which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment or accusation, and in the case of an outstanding sentence, that he intends to seek final disposition of all appeals and other motions.

(2) No Warden/Superintendent or any other institutional official is authorized to accept a detainer nor shall they accept any other form of "hold" order on an inmate unless provided through the State Board of Corrections.

(3) Any correspondence, form letter, or other documentation relative to a detainer or "hold" order on an inmate received at an Institiution from any source other than the State Board of Corrections shall be forwarded promptly to the Detainer Administrator of the Department of Corrections.

(4) The State of Georgia is signatory to the Interstate Agreement on Detainers. Under this agreement, a jurisdiction within another state also signatory to the agreement, which has an untried indictment, information or complaint on which a detainer has been lodged against an inmate incarcerated in an institution under the jurisdiction of the Georgia State Board of Corrections may secure temporary custody of the accused inmate for the purposes of bringing him (her) to trial. Proceedings for this purpose may be initiated by an inmate or by the prosecutor of the jurisdiction which has an indictment, information or complaint pending against the inmate. Once proceedings under the Interstate Agreement on Detainers have been initiated, failure of the accusing jurisdiction to hold trial within the time periods specified in the agreement will result in the dismissal of the indictment, information or complaint and removal of the detainer unless a continuance has been granted by a court of competent jurisdiction.

(a) Forms used in achieving those functions assigned to institutions and in fulfilling certain State responsibilities under the Interstate Agreement on Detainers will be available at the Central Office. Instructions for their execution, processing and distribution are contained on the individual forms or in supplementary data provided to the institutions.

(b) Directive authority over day-to-day actions executed in the discharge of the State Board of Corrections responsibilities inherent in the Interstate Agreement on Detainers will be exercised by the Detainer Administrator of the Department of Corrections.

Notes

Ga. Comp. R. & Regs. R. 125-2-4-.09

Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-6-1, 42-6-3, 42-10-2.

Rule entitled "Detainers" adopted as R. 415-2-4-.09. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-2-4-.09 of same title. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency.