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Session Laws, 1999
Volume 796, Page 723   View pdf image
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In subsections (a) and (c) of this section, gender neutral terms are
substituted for the former pronouns "he" and "his", respectively, because
SG § 2-1238 requires the use of words that are "neutral as to gender".

The only other changes are in style.

Defined terms: "Agreement" § 8-401
"Appropriate court" § 8-401
"Receiving state" § 8-404
"Sending state" § 8-404
"State" § 8-404

8-407. SAME — TEMPORARY CUSTODY FOR PROSECUTION.

ARTICLE V

(A) DUTIES OF SENDING STATE.

IN RESPONSE TO A REQUEST MADE UNDER § 8-405 OR § 8-406 OF THIS SUBTITLE
(ARTICLE III OR IV OF THE AGREEMENT), THE APPROPRIATE AUTHORITY IN A
SENDING STATE SHALL OFFER TO DELIVER TEMPORARY CUSTODY OF THE PRISONER
TO THE APPROPRIATE AUTHORITY IN THE STATE WHERE THE INDICTMENT,
INFORMATION, OR COMPLAINT IS PENDING AGAINST THE PRISONER 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 REQUIRED UNDER § 8-405 OF THIS
SUBTITLE (ARTICLE III OF THE 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) DUTIES OF RECEIVING STATE.

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 THE OFFICER'S
AUTHORITY TO ACT FOR THE STATE INTO WHOSE TEMPORARY CUSTODY THE
PRISONER IS TO BE GIVEN; AND

(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) DISMISSAL OF INDICTMENT.

IF THE APPROPRIATE AUTHORITY SHALL REFUSE OR FAIL TO ACCEPT
TEMPORARY CUSTODY OF THE 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

 

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Session Laws, 1999
Volume 796, Page 723   View pdf image
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