J. MILLARD TAWES, Governor                      475

bears the heading "Interstate Agreement on Detainers". We under-
stand that this Agreement has already been adopted in several states.
It has as its aim the prompt and speedy trial of prisoners who are
incarcerated in one jurisdiction but have detainers lodged against
them by officials of another jurisdiction. One provision of the mea-
sure recognizes that such a situation produces "uncertainties which
obstruct programs of prisoner treatment and rehabilitation" and
that "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, informations, or complaints"
through "cooperative procedures".

We feel that the purposes of the Bill are both necessary and
salutary. Our reluctance in rendering this opinion is in fact based
upon a hesitation on our part to delay such an agreement until the
next session of the Legislature.

The text of the Bill establishes procedures (a) for a prisoner in
another state to demand trial of charges contained in detainers filed
against him by Maryland authorities; (b) for a prisoner in Maryland
to demand trial of detainers filed against him by authorities of another
state; (c) for prosecuting officials of another state to request tem-
porary custody of a prisoner confined in Maryland; and (d) for
prosecuting officials of Maryland to make a similar request upon
another state. The title of the Bill, on the other hand, refers only to
the second and third purposes:

"AN ACT * * * to enact an Interstate Agreement on De-
tainers (i) to provide for the disposition of and to authorize
the processing of detainers based on untried indictments, infor-
mations or complaints of party states to this agreement against
persons incarcerated in correctional institutions or facilities of
this State, (ii) to provide for giving of such prisoners into the
temporary custody of a party State or of the United States, (iii)
to provide penalties for escape or attempt to escape from such
temporary custody, (iv) and relating generally to the disposition
of detainers based on untried indictments, informations or com-
plaints of party states against prisoners incarcerated in Mary-
land correctional institutions or facilities. (Emphasis supplied.)

It can be immediately seen that the title relates only to two of
the purposes of the Bill, i.e., it relates only to the situation of a
prisoner in Maryland who desires to stand trial elsewhere or who is
requested for trial by officials of another state. The title is com-
pletely silent about the rights of prisoners incarcerated in another
state to be tried in Maryland at their own request or at the request of
prosecuting officials here. There is not even an inference in the title
that the Bill embraces the latter subjects. We have no doubt that this
defect is basic and renders the Bill unconstitutional in its entirety
under Article III, Section 29 of the Constitution.

In the same connection, we also note that there is nothing in
the title of the Bill to indicate the rule-making powers entrusted to
the Attorney General by Sections 616H and 616-0 of the Agreement.
In my opinion, this should be included in the title of any new enact-
ment of this measure.