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Chapter 7 – Adult Case Records Information

Article 6 – Detainers

Revised August 9, 2024

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72040.12.2 Out‑of‑State or Federal Detainers on Untried Charges

  • When a detainer for untried charges is lodged by an agency of the federal government or an agency of a member state of the interstate agreement on detainers (IAD), the interstate form provided shall be used to notify the incarcerated person of the detainer and to request disposition of the pending charges.

  • The IAD does not apply to violation of probation or violation of parole.

  • PCPenal Code section 1389 provides for the surrender of temporary custody of a prisoner to the jurisdiction of the federal government or another state which is signatory to the IAD where they are wanted for prosecution, except Louisiana and Mississippi.