GEORGIA

42-6-20 G
*** CODE SECTION ***  08/08/97
    
  42-6-20.
    
  The Agreement on Detainers is enacted into law and entered into by
  this State with all other jurisdictions legally joining therein in
  the form substantially as follows:
    
  The contracting states solemnly agree that:
    
                              Article I.
    
  The party states find that charges outstanding against a prisoner,
  detainers based on untried indictments, informations or complaints,
  and difficulties in securing speedy trial of persons already
  incarcerated in other jurisdictions, produce uncertainties which
  obstruct programs of prisoner treatment and rehabilitation.
  Accordingly, it is the policy of the party states and the purpose of
  this agreement to encourage the expeditious and orderly disposition
  of such charges and determination of the proper status of any and
  all detainers based on untried indictments, information or
  complaints. The party states also find that proceedings with
  reference to such charges and detainers, when emanating from another
  jurisdiction, cannot properly be had in the absence of cooperative
  procedures. It is the further purpose of this agreement to provide
  such cooperative procedures.
    
                              Article II.
    
  As used in this agreement:
    
  (a) "State" shall mean a state of the United States; the United
  States of America; a territory or possession of the United States;
  the District of Columbia; the Commonwealth of Puerto Rico.
    
  (b) "Sending state" shall mean a state in which a prisoner is
  incarcerated at the time that he initiates a request for final
  disposition pursuant to Article III hereof or at the time that a
  request for custody or availability is initiated pursuant to Article
  IV hereof.
    
  (c) "Receiving state" shall mean the state in which trial is to be
  had on an indictment, information or complaint pursuant to Article
  III or Article IV hereof.
    
                             Article III.
    
  (a) Whenever a person has entered upon a term of imprisonment in a
  penal or correctional institution of a party state, and whenever
  during the continuance of the term of imprisonment there is pending
  in any other party state any untried indictment, information or
  complaint on the basis of which a detainer has been lodged against
  the prisoner, he shall be brought to trial within one hundred eighty
  days after he shall have caused to be delivered to the prosecuting
  officer and the appropriate court of the prosecuting officer's
  jurisdiction written notice of the place of his imprisonment and his
  request for a final disposition to be made of the indictment,
  information or complaint, provided that for good cause shown in open
  court, the prisoner or his counsel being present, the court having
  jurisdiction of the matter may grant any necessary or reasonable
  continuance. The request of the prisoner shall be accompanied by the
  certificate of the appropriate official having custody of the
  prisoner, stating the term of commitment under which the prisoner is
  being held, the time already served, the time remaining to be served
  on the sentence, the amount of good time earned, the time of parole
  eligibility of the prisoner, and any decisions of the state parole
  agency relating to the prisoner.
    
  (b) The written notice and request for final disposition referred to
  in paragraph (a) hereof shall be given or sent by the prisoner to
  the warden, commissioner of corrections or other official having
  custody of him, who shall promptly forward it together with the
  certificate to the appropriate prosecuting official and court by
  registered or certified mail, return receipt requested.
    
  (c) The warden, commissioner of corrections or other official having
  custody of the prisoner shall promptly inform him of the source and
  contents of any detainer lodged against him and shall also inform
  him of his right to make a request for final disposition of the
  indictment, information, or complaint on which the detainer is
  based.
    
  (d) Any request for final disposition made by a prisoner pursuant to
  paragraph (a) hereof shall operate as a request for final
  disposition of all untried indictments, informations or complaints
  on the basis of which detainers have been lodged against the
  prisoner from the state to whose prosecuting official the request
  for final disposition is specifically directed. The warden,
  commissioner of corrections or other official having custody of the
  prisoner shall forthwith notify all appropriate prosecuting officers
  and courts in the several jurisdictions within the state to which
  the prisoner's request for final disposition is being sent of the
  proceeding being initiated by the prisoner. Any notification sent
  pursuant to this paragraph shall be accompanied by copies of the
  prisoner's written notice, request, and the certificate. If trial is
  not had on any indictment, information or complaint contemplated
  hereby prior to the return of the prisoner to the original place of
  imprisonment, such indictment, information or complaint shall not be
  of any further force or effect, and the court shall enter an order
  dismissing the same with prejudice.
    
  (e) Any request for final disposition made by a prisoner pursuant to
  paragraph (a) hereof shall also be deemed to be a waiver of
  extradition with respect to any charge or proceeding contemplated
  thereby or included therein by reason of paragraph (d) hereof, and a
  waiver of extradition to the receiving state to serve any sentence
  there imposed upon him, after completion of his term of imprisonment
  in the sending state. The request for final disposition shall also
  constitute a consent by the prisoner to the production of his body
  in any court where his presence may be required in order to
  effectuate the purposes of this agreement and a further consent
  voluntarily to be returned to the original place of imprisonment in
  accordance with the provisions of this agreement. Nothing in this
  paragraph shall prevent the imposition of a concurrent sentence if
  otherwise permitted by law.
    
  (f) Escape from custody by the prisoner subsequent to his execution
  of the request for final disposition referred to in paragraph (a)
  hereof shall void the request.
                              Article IV.
    
  (a) The appropriate officer of the jurisdiction in which an untried
  indictment, information or complaint is pending shall be entitled to
  have a prisoner against whom he has lodged a detainer and who is
  serving a term of imprisonment in any party state made available in
  accordance with Article V (a) hereof upon presentation of a written
  request for temporary custody or availability to the appropriate
  authorities of the state in which the prisoner is incarcerated:
  provided that the court having jurisdiction of such indictment,
  information or complaint shall have duly approved, recorded and
  transmitted the request; and provided further that there shall be a
  period of thirty days after receipt by the appropriate authorities
  before the request be honored, within which period the governor of
  the sending state may disapprove the request for temporary custody
  or availability, either upon his own motion or upon motion of the
  prisoner.
    
  (b) Upon receipt of the officer's written request as provided in
  paragraph (a) hereof, the appropriate authorities having the
  prisoner in custody shall furnish the officer with a certificate
  stating the term of commitment under which the prisoner is being
  held, the time already served, the time remaining to be served on
  the sentence, the amount of good time earned, the time of parole
  eligibility of the prisoner, and any decisions of the state parole
  agency relating to the prisoner. Said authorities simultaneously
  shall furnish all other officers and appropriate courts in the
  receiving state who have lodged detainers against the prisoner with
  similar certificates and with notices informing them of the request
  for custody or availability and of the reasons therefor.
    
  (c) In respect of any proceeding made possible by this Article,
  trial shall be commenced within one hundred twenty days of the
  arrival of the prisoner in the receiving state, but for good cause
  shown in open court, the prisoner or his counsel being present, the
  court having jurisdiction of the matter may grant any necessary or
  reasonable continuance.
    
  (d) Nothing contained in this Article shall be construed to deprive
  any prisoner of any right which he may have to contest the legality
  of his delivery as provided in paragraph (a) hereof, but such
  delivery may not be opposed or denied on the ground that the
  executive authority of the sending state has not affirmatively
  consented to or ordered such delivery.
    
  (e) If trial is not had on any indictment, information or complaint
  contemplated hereby prior to the prisoner's being returned to the
  original place of imprisonment pursuant to Article V (e) hereof,
  such indictment, information or complaint shall not be of any
  further force or effect, and the court shall enter an order
  dismissing the same with prejudice.
    
                              Article V.
    
  (a) In response to a request made under Article III or Article IV
  hereof, the appropriate authority in a sending state shall offer to
  deliver temporary custody of such prisoner to the appropriate
  authority in the state where such indictment, information or
  complaint is pending against such person in order that speedy and
  efficient prosecution may be had. If the request for final
  disposition is made by the prisoner, the offer of temporary custody
  shall accompany the written notice provided for in Article III of
  this agreement. In the case of a federal prisoner, the appropriate
  authority in the receiving state shall be entitled to temporary
  custody as provided by this agreement or to the prisoner's presence
  in federal custody at the place for trial, whichever custodial
  arrangement may be approved by the custodian.
    
  (b) The officer or other representative of a State accepting an
  offer of temporary custody shall present the following upon demand:
    
    (1) Proper identification and evidence of his authority to act for
    the state into whose temporary custody the prisoner is to be
    given;
    
    (2) A duly certified copy of the indictment, information or
    complaint on the basis of which the detainer has been lodged and
    on the basis of which the request for temporary custody of the
    prisoner has been made.
    
  (c) If the appropriate authority shall refuse or fail to accept
  temporary custody of said person, or in the event that an action on
  the indictment, information or complaint on the basis of which the
  detainer has been lodged is not brought to trial within the period
  provided in Article III or Article IV hereof, the appropriate court
  of the jurisdiction where the indictment, information or complaint
  has been pending shall enter an order dismissing the same with
  prejudice, and any detainer based thereon shall cease to be of any
  force or effect.
    
  (d) The temporary custody referred to in this agreement shall be
  only for the purpose of permitting prosecution on the charge or
  charges contained in one or more untried indictments, informations
  or complaints which form the basis of the detainer or detainers or
  for prosecution on any other charge or charges arising out of the
  same transaction. Except for his attendance at court and while being
  transported to or from any place at which his presence may be
  required, the prisoner shall be held in a suitable jail or other
  facility regularly used for persons awaiting prosecution.
    
  (e) At the earliest practicable time consonant with the purposes of
  this agreement, the prisoner shall be returned to the sending state.
    
  (f) During the continuance of temporary custody or while the
  prisoner is otherwise being made available for trial as required by
  this agreement, time being served on the sentence shall continue to
  run but good time shall be earned by the prisoner only if, and to
  the extent that, the law and practice of the jurisdiction which
  imposed the sentence may allow.
    
  (g) For all purposes other than that for which temporary custody as
  provided in this agreement is exercised, the prisoner shall be
  deemed to remain in the custody of and subject to the jurisdiction
  of the sending state and any escape from temporary custody may be
  dealt with in the same manner as an escape from the original place
  of imprisonment or in any other manner permitted by law.
    
  (h) From the time that a party state receives custody of a prisoner
  pursuant to this agreement until such prisoner is returned to the
  territory and custody of the sending state, the state in which the
  one or more untried indictments, informations or complaints are
  pending or in which trial is being had shall be responsible for the
  prisoner and shall also pay all costs of transporting, caring for,
  keeping and returning the prisoner. The provisions of this paragraph
  shall govern unless the states concerned shall have entered into a
  supplementary agreement providing for a different allocation of
  costs and responsibilities as between or among themselves. Nothing
  herein contained shall be construed to alter or affect any internal
  relationship among the departments, agencies and officers of and in
  the government of a party state, or between a party state and its
  subdivisions, as to the payment of costs, or responsibilities
  therefor.
    
                              Article VI.
    
  (a) In determining the duration and expiration dates of the time
  periods provided in Articles III and IV of this agreement, the
  running of said time periods shall be tolled whenever and for as
  long as the prisoner is unable to stand trial, as determined by the
  court having jurisdiction of the matter.
    
  (b) No provision of this agreement, and no remedy made available by
  this agreement, shall apply to any person who is adjudged to be
  mentally ill.
    
                             Article VII.
    
  Each state party to this agreement shall designate an officer who,
  acting jointly with like officers of other party states, shall
  promulgate rules and regulations to carry out more effectively the
  terms and provisions of this agreement, and who shall provide,
  within and without the state, information necessary to the effective
  operation of this agreement.
    
                             Article VIII.
    
  This agreement shall enter into full force and effect as to a party
  state when such state has enacted the same into law. A state party
  to this agreement may withdraw herefrom by enacting a statute
  repealing the same. However, the withdrawal of any state shall not
  affect the status of any proceedings already initiated by inmates or
  by state officers at the time such withdrawal takes effect, nor
  shall it affect their rights in respect thereof.
    
                              Article IX.
    
  This agreement shall be liberally construed so as to effectuate its
  purposes. The provisions of this agreement shall be severable and if
  any phrase, clause, sentence or provision of this agreement is
  declared to be contrary to the Constitution of any party state or of
  the United States or the applicability thereof to any government,
  agency, person or circumstance is held invalid, the validity of the
  remainder of this agreement and the applicability thereof to any
  government, agency, person or circumstance shall not be affected
  thereby. If this agreement shall be held contrary to the
  Constitution of any state party hereto, the agreement shall remain
  in full force and effect as to the remaining states and in full
  force and effect as to the state affected as to all severable
  matters.