How Does One Request IAD Application on Detainer?
A person who wants to request resolution of a federal or out-of-state charge under the Interstate Agreement on Detainers (IAD) should fill out CDCR Form 1665 Agreement on Detainers Form II Inmate’s Notice of Place of Imprisonment and Request for Disposition of Indictments, Information or Complaints. Form 1665 will act as a request for final disposition of pending charges in all existing detainers from the other jurisdiction. Penal Code § 1389, article III(d).
A Form 1665 request also waives (gives up) any right to a formal extradition proceeding. Penal Code § 1389, article III(e); see Cuyler v. Adams (1981) 449 U.S. 433, 445, 101 S. Ct. 703; 66 L. Ed. 2d 651; see also State ex rel. Pharm v. Bartow (Wis. 2007) 298 Wis.2d 702, 727, 727 N.W. 2d 1 (person who was transferred for trial and sentencing could be kept incarcerated in detainer state on a Sexually Violent Predator civil commitment after criminal sentence expired).
After a person completes Form 1665, they must send the form to the prison case records staff who handle IAD requests. See Department of Operations Manual (DOM) § 72040.6.2.2.
Using the official form and sending it to the right California prison staff is important because the IAD’s formal requirements usually must be met before its speedy trial rules are triggered. Other sorts of “self-help” efforts (such as a motion for speedy trial, letter, or phone call to the prosecutor or court) will not start the IAD process. Lara v. Johnson (9th Cir. 1998) 141 F. 3d 239, 242 (letter to requesting state did not trigger the IAD time lines); Johnson v. Stagner (9th Cir. 1986) 781 F. 2d 758, 762 (IAD not triggered where person in prison filed habeas petition, as he did not give notice of the IAD demand to the prosecutor and failed to send any certificate of status through the custodial prison officials); Clutter v. Commonwealth (Ky. 2010) 322 S.W. 3d 59, 64 (IAD not triggered when the person refused to follow procedures to get certificate of status); State v. Dodson (Mont. 2009) 354 Mont. 28, 38-41, 221 P. 3d 687 (motion to dismiss did not trigger 180-day IAD deadline); Commonwealth v. Copson (Mass. 2005) 444 Mass. 609, 617, 621, 830 N.E. 2d 193] (motion for speedy trial and handing copy to prison officials did not trigger IAD); People v. Garner (1990) 224 Cal. App. 3d 1363, 1370-1371; 274 Cal. Rptr. 298; People v. Rhoden (1989) 216 Cal. App. 3d 1242, 1252, 1253, 265 Cal. Rptr. 355 (IAD not triggered by letter to prosecutor).
The only situation in which some courts might make an exception is where officials obstruct a person’s efforts by, for example, refusing to provide or accept the official IAD form. Clutter, supra, 322 S.W.3d 59, 64 (citing cases in which courts have made exceptions).
When the CDCR staff receives an IAD Form II, they should then fill out two forms in response – the Agreement on Detainers Form III Certificate of Inmate Status and Agreement on Detainers Form IV Offer To Deliver Temporary Custody. The CDCR staff should send all of the IAD forms to the prosecutor and court for the jurisdiction that issued the detainer. There is no set timeline for this, although the IAD states that prison officials are supposed to act “promptly.” Penal Code § 1389, article III(a)-(b).
When the federal or out-of-state prosecutor receives the IAD forms, the prosecutor should start the process of getting the person transferred for further proceedings on the case by filing an Agreement on Detainers Form V Request For Temporary Custody.
Since the IAD timelines do not start running until the federal or out-of-state prosecutor receives the IAD request and certification forms, it is recommended that an inmate should keep a copy of the IAD Form II, make a note about when the form was submitted to the California prison officials, and keep any responses showing what has happened with the IAD request. An inmate who does not receive any information showing that the form is being properly routed should ask the case records staff about the status of the request. If the inmate does not get a satisfactory response, he or she could try contacting California's IAD Administrator and explain when he or she submitted the IAD Form II and to whom, but that no further response was received. The address is:
IAD Administrator
California Department of Corrections and Rehabilitation
9825 Goethe Road, Suite 200
Sacramento, CA 95827
The addresses for the IAD Administrators in other states are in the DOM following § 72040.13.
This article would not be possible without reference to the California Prison and Parole Law Handbook by the Prison Law Office in Folsom, California, who we thank for their excellent publication.
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