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  976 .01 U N IFOR M ACTS IN CRIMINAL PROCEEDI N GS                                                             5152

                                               CHAPTER 976

                          U N IFORM ACTS I N CRI M INAL PROCEEDI N GS
  976 01 Uniform act for the extradition of prisoners as  976 03    Uniform criminal extradition act
              witnesses .                                 976 04 Uniform act on close pursuit .
  97602   Uniform act for the extradition of witnesses in 97605    Agreement on detainers .
             criminal actions .         97606                      Agreement on detainees ; additional procedure .

  976. 01 Uniform act for the extradition of
                               e                             process in any state through which he will be
  prisoners as witnesses . ( 1) DEFINITIONS As               required to pass, the judge shall issue an order,
  used in this section :                                     with a copy of the certificate attached, directing
        (a) "Witness" means a person who is con-             the witness to attend and testify, directing the
    fined in a penal institution in any state and            person having custody of'the witness to produce
    whose testimony is desired in another state in           him, in the court where the criminal action is
    any criminal proceeding or investigation by a            pending, or where the grand jury investigation is
    grand jury or in any criminal action before a           pending, 'at a time and place specified in the
    court,                                                   order', and prescribing such conditions as the .
        (b) "Penal institutions" includes a jail,           judge deter-mines,
   prison, penitentiary, house of correction or other            (4) TERMS AND corrDrriorrs . The order to
   place of penal detention . ..                            the witness and to the person having custody of
        (2) S UMMO NING WIT NES S IN THIS STATE TO          thee witness shall provide for the return of the
    TESTIFY IN ANOTHER srntE . A ,judge of a state          witness at the conclusion of' his testimony,
   court of record in another state, which by its           proper safeguards on his custody, and proper
   laws has made provision for commanding per-              financiall reimbursement or prepayment by the
   sons confined in penal institutions within that          requesting jurisdiction for all expenses incurred
   state to attend and testify in this state, may           in the production and return of the witness and
   certify a) that there is a criminal proceeding or        may prescribe such other conditions as the judge
   investigation by a grand jury or a criminal              thinks proper or necessary.. The order shall not
   action pending in the court, b) that a person who        become effective until the judge of" the state
   is confined in a penal institution in this state may     requesting the witness enters an order directing
   be a material witness in the proceeding, investi-        compliance with the conditions prescribed .
   gation or action, and c) that his presence will be           (5) ExcEriiorrs This section does not apply
   required during 'a specified time .. Upon presen-        to any person in this state confined as insane or
   tation of the certificate to any judge having            mentally ill or as a defective delinquent,
   jurisdiction over the person confined, and upon          (6) PRISONER FROM A NOTHER STATE S UM-
   notice to the attorney general, the judge in this     MONED IO TESTIFY I N T HIS STATE If a per-son
   state shall fix a time and place for a hearing and    confined in a penal institution in any other state
   shall make an order directed' to the person           may be a material witness in a criminal action
  having custody of the prisoner requiring that the      pending,in a court of record or in a grand jury
  prisoner be produced before him at thee hearing .      investigation in this state, a judge of the court
       (3) COURT ORDER If' at the hearingg the           may certify a) that there is a criminal proceed-
. ;judge: determines a) that the witness may be          ing or investigation by a grand jury of a criminal
  material and necessary, b) that his attending          action pending in thee court, b) that a person, who
  and testifying are not adverse to the interests of     is confined in a penal institution in the other
  this state_ or to the .health_oi legal rights of the  state may be a material witness in the proceed-
  witness, c) that the laws of the state in which he    ing, investigation or action, and c) that hiss
  is zequested to testify will give him protection      presence will be required during a specified
  from arrest and the service of' . civil and criminal  time.. The certificate shall be presented to a
  process because: of any act committed priorr to       judge of a court of record in the other state
  his arrival in the state under the order, and d)      having jurisdiction over the prisoner confined,
  that as a practical matter, the possibility is        and a notice shall be given to the attorney
  negligible that the witness may be subject to         generall of the state in which the prisoner is
 arrest or' to the service of' civil or, criminal       confined .
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 5153                                       U N IFOR M ACTS I N CRI M INAL PROCEEDINGS 976 .02

   (7) COMPLIANCE . The judge of the court in              process, the judge shall issue a summons, with a
this state may enter an order directing compli-                y
                                                          copy of the certificate attached, directing the
ance with the terms and conditions prescribed              witness to attend and testify in the court where
by the judge of'the state in which the witness is          the prosecution is pending, or where a grand j ury
confined . .                                               investigation has commenced or is about to
   (S ) EXEMPTION FROM ARREST A ND SER V I C E            commence, at a time and place specif i ed in the
OF PROCESS : If' a witness from another state             summons. . In any such hearing the certif icate
comes into or passes through this state under an                                           e
                                                          shall be prima facie evidence of all the facts
order directing him to attend and testify in this         stated therein,
or another state, he shall not while in this state            (c) If' said certificate recommends that the
pursuant to the order be subject to arrest or the         witness be taken into immediate custody and
service of process, civil or criminal, because of         delivered to an officer of the requesting state to
any act committed prior to his arrival in this            assure his attendance in the requesting state,
state under, the order .                                  such judge may, in lieu of notification of the
   (9) UNIFORMITY OF INTERPRETATION This                  hearing, direct that such witness be forthwith
section shall be so construed as to effectuate its        brought before him for said hearing ; and the
general purpose to make uniform the law of                ,judge at the hearing being satisf ied of the desira-
those states which enact it..                              bility of such custody and delivery, for which
   History: 1 979 c . 89 .                                 determination the certif i cate shall be prima
                                                           facie proof of such desirability, may, in lieu of
  976.02 Uniform act for the extradit ion of               issuing subpoena or summons, order that said
  witnesses in criminal actions, (1) DE F I NI-            witness be forthwith taken into custody and
  riorrs : '`Witness" as used in this section includes     delivered to an officer of the requesting state ..
  a person whose testimony is desired in any                  (d) If the witness,, who is summoned as above
  proceeding or investigation by a grand jury or in       provided, after being paid or tendered by some
  a criminal action, . prosecution or proceeding .        properly authorized person the sum of 10 cents a
  "State" includes, any territory of the United           mile for each mile by the ordinary traveled route
  States an d the District of Columbia .. "Sum-           to and from the court where the prosecution is
  mons" includes a subpoena order or other notice         pending and $5 for each day that he is required
  requiring the appearance of a witness                   to travel and attend as a witness, fails without
       (2) S UMMONING WIT N ESS IN THIS STATE TO          good cause to attend and testify as directed in
  TESTIFY IN ANOTHER STATE„ (a) I f a judge of a          the summons, he shall be punished as provided
  court of record in any state which by its laws has      for the punishment of any witness who disobeys
  made provision for commanding persons within            a summons issued from a court of record in this
  thatt state to attend and testify in this state         state:
 certifies under the seal of such court that there is         (3) WITNESS FROM ANOTHER STATE SUM-
 a criminal prosecution pending in such court, or         MONED TO TESTIFY IN THIS STATE, ( 2 ) If a per-
  that a grand ,jury investigation has commenced                                     h
                                                          son in any state, which by its laws has made
 or is about to commence, that a person being             provision for commanding persons within its
 within the state is a material witness : in such                            d
                                                          borders to attend and testify in criminal prose-
 prosecution or gi :and ;jury investigation, and that     cutions, or grand jury investigations commenced
 his presence will be required for, a specified           or about to commence, in this state, is a material
 number of days, upon presentation of such cer-           witness in a ` piosecution pending in a court of
 tificate to any judge of a court ofrecord in the         record in this state, _ oc in a grand jury investiga-
 county in which such person is, such judge shall         tion which has commenced or is about to com-
 fix a time and place for a hearing and shall make        mence, a judge of such court may issue a certifi-
 an order directing the witness to appear at a time       cate under the seal of the court stating these
 and place certain for the hearing.                       facts and specifying the number of days the
      (b) If at the hearing the judge determines          witness will be required : Said certificate may
 th att th e witness is material and necessary, that it   include a recommendation that the witness be
will not cause un due hardship to the witness to          taken into immediate custody and delivered to
 be compelled to attend and testify in the prose-         an officer of" this state to assure his attendance in
 cu tion or a grand jury investigation in the other       this state.. This certificate shall be presented to a
 state, and that the laws of'the state in which the       judge of a court of record in the county in which
 pr osecution is pending, or grand ,jury investiga-       the witness is found .
 t i on has commenced or is about to commence,               (b) If the witness is summoned to attend and
a nd of any other state through whichh the witness        testify in this state he shall be tendered the sum
may be required to pass by ordinary course of             of 10 cents a mile for each mile by the ordinary
.travel,- will give to the witness protection from        traveled route to and from the court where the
arrest and the service of civil and criminal              prosecution is pending and $5 for each day that
                         Electronically scanned images of the published statutes.

   976.02 U N IFOR M ACTS IN CRIMINAL PROCEEDINGS                                                                5154
   he is required to traveland attend as a witness . .             arising under sub . . (6), that the accused was
   A witness who has appeared in accordance with                   present in the demanding state at the time of'the
   the summons shall not be required to remain                    commission of the alleged crime, and that there-
   within this state a longer period of time than                 after- he fled from the state, and accompanied by
   otherwise ordered by the court . . 'If such witness,           a copy of an indictment found or by an informa-
   after coming into this state, fails without good               tion supported by affidavit in the state having
  cause to attend and testify as directed in the
                                                                  jurisdiction of the crime, or by a copy of an
  summons, he shall be punished as provided for -
                                                                  aff'idavit' made before a magistrate there, to-
  the punishment of any witness who disobeys a
                                                                  gether with a copy of any warrant which was
  summons issued from a court of record in this
                                                                  issued thereon ; of by a copy of a judgment of
  state. .
                                                                  conviction or of a sentence imposed in execution
                                                                  thereof, together with a statement by the execu-
  OF PROCESS (a) If a person comes into this state
                                                                  tive authority of the demanding state that the
  in obedience to a summons directing him to
                                                                  person claimed has escaped from confinement or
  attend and testify in this state he shall not while
  in this state pursuant to such summons be sub-                  has broken the terms of his bail, probation or
  ject to arrest or the service of process , civil or             parole The indictment, information or affidavit
  criminal, in connection with matters which                     made before the magistrate must substantially
  arose before his entrance into this state under                charge the person demanded with having,com-
  the summons..                                                  mitted a crime under the law of that state ; and
    (b) If"a person passes through this state while              the copy of indictment, information, affidavit,
 going to another- state in obedience to a sum-                  judgment of conviction or sentence must be
 mons to attend and testify in that state or while               authenticated by the executive authority mak-
 returning ` therefrom, he shall not wh ile so pass-             ing the demand :.
 ing through this state be subject to arrest o f the                 (4) GO V ERN OR MA Y INVESTIGATE C ASE . .
 service of process, ' civil or criminal, in connec-             When a demand shall be made upon the' .gover-
 tion with matter s which arose before his en-                   nor of this state by the executive authority of
 trance to this state under the summons ..                       another state for the surrender of a person so
    (5) U NIFORMITY OF INTERPRETATION This                       charged with crime, the governor may call upon
 section shall be so interpreted as to make uni-                 the attorney general or any prosecuting officer
 form the law of the states which enact it ,
                          s                                      in this state to investigate or assist in investigat-
   History: 1975 c 422                                           ing the demand, and to report to him the situa-
     Parole detainer order is an arrest within meaning of (4)
 State ex rel: Forte v . Ferris, 79 W (2d) 501, 255 NW (2d)      tion and circumstances of the person so de-
 594,                                                            manded, and whether he ought to be
 976 . 03 Uniform criminal extradition act.
                                                                   (5) EXTRADITION OF P E RSONS IMPRISO N ED
 (1) DE FI NITIO NS., In this section, "governor"
                                                                OR AWAITI NG TRIAL IN ANOTHER STATE OR WHO
includes any person performing the functions of                 HA VE LEFT THE DEMA NDING STATE UNDER COM-
governor by authority, of the law of this state . .
"`Executive authority" includes the governor,                    PULSION . (a) When it is desired to have re-
and any person performing the functions of
   d                                                             turned to this state a person charged in this state
governor in a state other than this state, and                   with a crime, and such person is imprisoned or is
"state" referring to a state other than this state               held under criminal proceedings then pending
refers to any other state or territory organized or              against him in another state, the governor of this
unorganized of the United States of America .                    state may agree with the executive authority of
                                                                 such other state for the extradition of such
 UISITION : Subject to the qualifications of this                person before the, conclusion of`such proceedings
 section, and the provisions of the U .S .. constitu-            or his term of sentence in such other state, upon
 tion controlling, and acts of congress in puisu-               condition that such person be returned to such
ante thereof, it is the duty of the governor of this            other, state at the expense of this state as soon as
state to have arrested and delivered up to the                  the prosecution in this state is terminated .
executive authority of, any other state of the                      (b) Thee governor of thiss state may also
United States any person charged in that state                  surrender on demandd of the executive authority
with treason, felony of other : crime, who has fled             of any other state any person in this state who is
from justice and is found in this state                         charged in the manner provided in sub.. . (23)
    (3) Form' OF DEMAND, No demand for the                      with having violated the laws of the state whose
extradition' of a person charged with crime in                  executive authority is making the demand, even
another state shall be recognized by the gover-                 though such person left the demanding state
nor unless in writing alleging, except in cases                 involuntarily.,
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5155                                         UNIFORM ACTS I N CRIMINAL PROCEEDINGS 976 .03

    (6) EXTRADITION O F P E R SONS C H A R GE D             county in which the arrest is made and in which
WITH HA VI NG COMMITTED A C RI ME I N THE DE-               the accused is in custody, and to the said agent of
MANDING S TAI E BY A CT S DONE IN THIS O R SO M E           the demanding state
OTHER STATE The governor of this state may                     (1 1 ) PEN A L T Y F OR N ONCOMPL IA NC E WITH
also surrender, on demand of the executive                  PRECEDING sECnorr . Any of"f'icer who delivers to
authority of any other' state, any person in this           the agent f'or, extradition of the demanding state
state charged in such other : state as provided in          a person in his custody under the governor's
sub .. (3) with committing an act in this state, or         warrant in disobedience to sub. (10) shall be
in a third state, intentionally resulting in a crime        guilty'of'a misdemeanor, and on conviction shall
in the state whose executive authority is making            be fined not more than $1,000, or be imprisoned
the demand ; and the provisions of this section             not more than 6 months or both .
not otherwise inconsistent shall apply to such
                                                               ( 12) CONFINEMENT I N J AIL WH EN NECES-
cases, notwithstanding that the accused was not             SARY, (a) The officer or person executing the
in that state at the time of"the commission of the          governor's warrant of arrest, or the agent of'the
crime, and has not fled therefrom                           demanding state to whom the prisoner may have
    (7) ISS UE O F G O VE R NOR ' S WARRANT O F AR-         been delivered, may when necessary confine the
REST ; ITS RECITALS If the governor shall decide            prisoner in the jail of any county or city through
that the demand should be complied with, he                 which he may pass ; and the keeper of such jail
shall sign a warrant of arrest, which shall be              must receive and safely keep the prisoner until
sealed with the state seal, and be directed to a            the person having charge of him is ready to
sheriff, niatshal, coroner or other person whom             proceed on his route, suchh person being charge-
he may think fit to entrust with the execution              able with t he expense of keeping .
thereof ; and the warrant must substantially re-               (b) The officer or agent of a demanding state
cite the facts necessary to the validity of"its issue . .   to whom a prisoner may have been delivered
   (8) M ANNE R AND PLACE OF EXECUTION . The                following extradition proceedings in another
warrant shall authorize the officer- or other               state, of to whom a prisoner may have been
person to whom directed to attest the accused at            delivered after waivingg extraditionn in such other
anyy place where he may be found within the                 state, and who is passing throughh this state with
state and to command the aid of all sheriffs and            such a prisoner f'or, the purpose of'`immediately
other peace officers in the execution of the                returning such prisoner to the demanding state
warrant, and to deliver the accused subject to              may, when necessary, confine the prisoner in the
thiss section, to the duly authorized agent of the          jail of any county or city through which he may
demanding state                                             pass ; and the keeper of such jail must receive
   (9) AUTHORITY          OF   ARREST IN G O F FIC ER . .   and safely keep the prisoner, until the officer or
Every such officer or other person empowered to             agent having charge of him is ready to proceed
make the arrest shall have the same authority in            on his route, such officer or agent, however,
arresting the accused to command assistance                 being chargeable with the expense of keeping ;
therein, as sheriffs and other officers have by             provided ; however; that such officer or agent
law in the execution of any criminal process                shall produce and show to the keeper of such jail
directed to them, with the like penalties against           satisfactory written evidence of the fact that he
those who refuse their assistance                           is actu a l ly t ransporting such prison er to the
                                                            demanding state aftera requisition by the exec-
                                                            utive authority of such demanding state .. Such
WRIT OF HABEAS CORPUS No person arrested
                                                            prisoner shall not be entitled to demand a new
upon such war r ant shall be delivered over to the
                                                            requisition while in this state
agent whom the executive authority demanding
him shall have appointed to'receive him unless                 (13) ARREST PRIOR TO REQUISITION, When-
he shall first be taken forthwith before a judge of         ever any person within this state shall be
a court of record inthis state, who shall inform            charged on the oath of any credible person
him of the demandd made for his surrender and of            before any ;judge of"this state with the commis-
the crime with which he is charged ; and that he            sion of any crime in any other, state and, except
has's the right to demand and procure legal                 in cases arising under sub . (6), with having fled
counsel ; and if the prisoner' of his counsel shall         from justice, or with having been convicted of 'a
state that he or they desire to test the legality of        crime in that state and having escaped from
his arrest, the judge of'such court of record shall         confinement, or having broken the terms of his
fix a'reasonable time to be allowed him within              bail, probation or parole, or whenever complaint
which to apply for' a writ of habeas corpus ..              shall have been made before any ,judge in this
When such writ is applied for, notice thereof"              state setting forth on the affidavit of any credi<
and of the time and place of hearing thereon,               ble .person in another state that a crime has been
shall be given to the prosecuting officer of the            committed in suchh other : state and that the
                      Electronically scanned images of the published statutes.

  976 .03 UN IFOR M ACTS IN CRIMINAL PROCEEDI N GS                                                          5156

    accused has been charged in such state with the         under warrant of the governor by the expiration
    commission of the crime, and, except in cases           of the time specified in the warrant or- bond, a
    arising under sub.. (6), has fled from justice, or-     judge may discharge him or may recommit him
    with : having been convicted of a crime in that         for a further- period not to exceed 60 days, or
    state and having escaped from confinement, or           may again take bail for his appearance and
    having broken the terms of his bail, probation or       surrender, as provided in sub .. (16), but within a
    parole, and is believed to be in this state, the        period not to exceed 60 days after the date of"
   ,judge shall issue a warrant directed to any peace       such new bond . .
   officer commanding him to apprehend the per-                 ( 1 8) FORFEITURE OF BAIL . I f the prisoner is
   son named therein,, wherever he may be found in          admitted- to bail, and fails to appearr and surren-
   this state, and to bring him before the same or          der himself according to the conditions of his
   any other ,judge or court who or which may be            bond, the judge, by proper order, shall-declare
   available in of convenient of access to the place        the bond forfeited and ozder, his immediate
   where the arrest may be made, to answer the              arrest without warrant if he be within this state . .
   charge or complaint and affidavit ; and a certi-
                                                            Recovery may be had on such bond in the name
   fied copy of the sworn charge or complaint and           of'the state as in the case of other bonds given by
   affidavit upon which the warrant is issued shall         the accused in criminal proceedings within this
   be attached to the warrant . .
       ( 1 4) ARREST WITHOUT A WARRANT . The ar-
                                                               (19) IF A PROSECUTION HAS ALREADY . BEEN
   rest of'a person may be lawfully made also by an        INSTITUTED INi THIS STATE . If 'a criminal prosecu-
   officer or a private citizen without a warrant
                                                           tion has been instituted against such person
   upon reasonable information that the accused
                                                           under- the laws of this state and is still pending,
  stands charged in the courts of another state
                                                           the governor at his discretion either- may surren-
  with a `crime punishable by death or imprison-
                                                           der him on the demand of'the executive author -
  ment for a term exceeding one year ; but when so
                                                           it;y of another, state, or may hold him until he has
  arrested the accused must- be taken before a
                                                           been tried and discharged, or convicted and
  judge with all practicable speed and complaint
                                                           punished' in this state .
  must be made against him under, oath setting
  forth the ground for the arrest as in sub . (13) ;         (20) GUILT OR INNOCENCE OF ACCUSED ,
  and thez-eafter, his answer shall be heard as if he     WHEN II rrQvixEn INTO The guilt or innocence of
  had been arrested on a warrant .                        the accused as to the crime of which he is
      (1 5) COMMIT M ENT IO AWA IT REQUIS I T I ON ;      charged may not be inquired into by the gover-
                                                          nor or in any proceeding after the demand for
  BAIL, If from the examination before the judge it
                                                          extradition accompanied by a charge of crime in
  appearss that the person held is the person
  charged with having committed the crime al-             legal form as above provided shall have been
                                                          presented to the governor, except as it may be
 leged and, except in cases arising under sub . (6),
                                                          involved in identifying the person held as the
 that he has fled from justice, the judge must, by
                                                          person charged with the crime .
 a warrant reciting the accusation, commit him
 to the county jail for such a time not exceeding              (21) GOVERNOR MAY RECALL WARRANT ' OR
 30 days and specified in the warrant, as will             ISSUE ALIAS, The governor may recall his war-
 enable the arrest of the accused to be made               rant of arrest, or may issue another warr ant
 under a warrant of the governor on a requisition          whenever' he deems proper .
 of the executive authority of the state having                (22) FUGITIVES FROM THIS STATE, DUTY OF
 jurisdiction of the offense, unless the accused           GOVERNOR . Whenever the governor of this state
 give bail as provided in sub . (16), or until he          shall demand a person charged with crime or
 shall be legally discharged . .                           with escaping from confinement or breaking the
     (16) BAIL; IN WHAT CASES ; CONDI TI ONS OF            terms of his bail, probation or parole in this state
 BOND, Unless the offense with which the pris-             from the executive authority of any other state,
oner is charged is shown to be an offense punish-          of from the chief justice or an associate .justice of
able by death or life imprisonment under the               thee district court of the United States for the
laws of the state in which it was committed,, a           District of Columbia authorized to receive such
judge in this state may admit the person arrested         d emand under the laws of the United States, he
to baill by bond, with sufficient sureties, and in        shall issue a warrant under, the seal of this state,
such sum as he deems proper', conditioned for his         to some agent, commanding him to receive the
appearance before : him at a time specified in            person so charged if delivere d to him an d convey
such bond,-and for his surrender, to be arrested          him to the proper officer of the county in this
upon the warrant of the governor of this state .          state in which the offense was committed ..
AD J OU R NMENT . . I f the accused is not arrested       TION,, (a) When the return to this state of a
               Electronically scanned images of the published statutes.
 5157                                      UN IFO RM ACTS I N CRI MI NA L PROCEE DI NGS 976 .03

 person charged with crime in this state is re-         was committed, upon presentation to said board
 quired, the prosecuting attorney shall present to      of a verified account, stating the number of days
 the governor his written application for a requi-      he was engaged and the items of expense in-
 sition for- the return_ of the person charged, in      curred while acting as such agent :
 which application shall be stated the name of ' the        (25) ASSISTANTS TO AGENT RET U R N IN G FU-
 person so charged, the crime charged against            GITIVE If'the district attorney certifies in writ-
 him, and the approximate time, place and cir-          ing that it is necessary or desirable, one or more
 cumstances of its commission, the state in which       peace officers may accompany said agent and
 he is believed to be, including the location of the    shalll be entitled to compensation at the rate of
 accused therein, at the time the application is        $5 per' day, unless the county board by resolu-
 made and certifying that, in the opinion of the        tion establishes adif'f'erent rate, _ and to their
 said prosecuting attorney the ends of justice          actual and necessary expenses Such compensa-
 requit e the arrest and return of the accused to       tion and expenses shall be claimed and allowed
 this state for trial, and that the proceeding is not   as provided in sub . . (24) and the said certificate
 instituted toenforce a private claim :                 of the d strict attorney shall be attached to the
  . '(b) When the return to this state is required      verified account of such officer for such services ..
 of a person who has been convicted of a crime in       While so engaged, said officer shall be deemed
 this state and has escaped from confi nement or        an of'f'icer of this state and shall use all proper
 broken the terms of his : bail, probation or parole,   means to assist the agent to retain the custody of
 the . prosecuting attorney of the county in which      the prisoner ..
 the offense wa s committed, , the secreta r y of
                                                            (26)   EX EMPTION FROM CI V IL . PROCESS . . A
health and social services, or the warden : of the
institution or sheriff' of the county from which
                              e                          person brought into this state by, or after waiver
escape was made, shall present to the governor , a      of, extradition based on a criminal charge shall
                                                         not be subject to service of personal process in
written applicat i on ' for a requisition for, the
return of such person , in which application. shall     civil actions arising out of'the . .same facts as the
be stated the n ame of the person, the crime of         criminal proceeding to answer which he is being
which he was convicted, the circumstances of his        or has been returned, until he has been convicted
escape from confinement or of the breach of the         in the criminal proceeding, or, if acquitted, until
terms of h is bail, probation or parole, the state in   he has had reasonable opportunity to return, to
which he is believed to be, including the location      the state from which he was extradited,
of the person therein at the time application is           (27) WRITTEN WAIVER ' OF EXTRADITION
made.,                                                  PROCEEDINGS, (a) Any person arrested in this
     (c) The application shall be verif i ed by affi-   state charged with having committed any crime
 davit, shall be executed in duplicate and shall be     in another state or alleged to have escaped from
 accompanied by 2 certified copies of the indict-       confinement, or broken the terms of his bail,
 ment returned, or information and affidavit            probation, or parole may waive the issuance and
 filed, or of the complaint made to a judge,            service of'the warrant provided for in subs . (7)
 stating the offense with which the accused is          and (8) and all other procedure incidental to
 charged, or of the judgment of` conviction or of       extradition proceedings, by executing or sub-
 the sentence , The prosecuting officer-, parole        scribing in the presence of judge of'any court of
 board', warden of sheriff may also attach such         record within this state a writing which states
 further affidavits and othe r' documents in 'dupli-    that he consents to returnn to the demanding
 cate as he shall deem proper to be submitted           state; however, before such waiver shall be exe-
 with such application . One copy of ' the, applica-    cuted or'subsciibed by such person the judge
 t ion, with the action of the governor indicated by    shall inform such person of hiss rights to the
  ndorsement thereon, and one of the certified          issuance and service of 'a warrant of extradition
 copies of the indictment, complaint, information       and to obtain a writ of habeas corpus as provided
 and affidavits, or of' the judgment of conviction      in sub (1.0) ..
 or of the sentence shall be :filed in the office of       (b) If and when such consent has been duly
 the governor to remain of' recot;d in that office..    executed it shall forthwith be forwarded to the
 The other copies of" all papers shall be forwarded     office of the governor of this state and filed
 with the governor's requisition                        therein . . The,judgeshall direct the officer having
     (24) EXPENSES OF EXTRADITION, The -0OITl-          such person in custody to deliver forthwith such
 pensation of the agent of the demanding state
                                 e           g          person to the duly accredited : agent of agents of
 shall- be $8 per day for the time necessarily          the demanding state, and shall deliver or cause
devoted to the performance of his duties, and his
                                     s                  to be delivered to such agent or agents a copy of
actual and necessary expenses, which compen-            such consent Nothing in this section shall be
sation and expenses shall be allowed by the             deemed to limit the rights of the accused person
county board of the county in which the crime           to return voluntarily and without formality to
                                 Electronically scanned images of the published statutes.
    976 .03 UNIFORM ACTS IN CRI MINAL PROCEEDINGS                                                                                             5158

   the demanding state, nor shall this waiver proce-                                     Sub. (14) was not intended to repudiate common-law rule
                                                                                     that an arrest may be made on probable cause to believe the
   dure be deemed to be an exclusive procedure or                                    subject had committed a crime in another state, irrespective
   to limit the powers, rights or duties of the                                      of alack of a complaint or warrant in that state Desja tlais v .
                                                                                     State, 73 W (2d) 480, 243 NW (2d) 453
   officers of the . demanding state or of this state . .                               Scope of inquiry in extradition habeas corpus cases dis-
       (28) N O NWAI VER BY THIS STATE, Nothing in                                   cussed State v Ritter, 74 W (2d) 227, 246 NW (2d) 552 .
    this section shall be deemed to constitute a                                        There is no right to hearing before governor in extradition
                                                                                     proceedings under this section . . Mode or manner . of person's
    waiver by this state of its right, power or privi-                              departure from state does not affect status as fugitive from
    lege to try such demanded person for- crime                                     justice . State ex ref Jackson v . Froelich, 77 W (2d) 299, 253
                                                                                    NW (2d) 69
   committed within this state, or of its right,                                        Appropriate issue for habeas corpus court under (10) is
   power or privilege to regain custody of such                                     not whether a warrant was properly issued in demanding state
   person by extraditionn proceedings or otherwise                                  but whether, given properly authenticated documents, proba-
                                                                                    ble cause is stated which justifies the issuance of a governor's
   for- the purpose of trial, sentence or punishment                                warrant in asylum state. . State ex rel . Sieloff ` v Golz, 80 W
   for any crime committed within this state, nor                                   (2d) 225, 258 NW (2d) 700 ,
   shall any proceedings had under this section                                         Convict paroled from federal prison in state was "fugitive
                                                                                    from justice" subject to extradition by demanding state .
   which result in, or- fail to result in, extradition be                           State ex rel . 0'Connoc v , Williams, 95 W (2d) 378 ; 290 NW
   deemed a waiver by this state of'any of its rights,                              (2d) 533 (Ct App. . 1980) .,
                                                                                        Once governor of asylum state has acted on extradition
   privileges or jurisdiction in any way whatsoever .                               request based on demanding state's j udicial determination
       (29) No RIGHT OF ASYLUM After a person                                       that probable cause existed, no further inquiry may be had on
                                                                                    that issue in asylum state .. Michigan v . Doran, 439 US 282
   has been brought back to this state by, or after                                 (1978) ..
  waiver of, extradition proceedings, he may be
  tried in this state for- other crimes which he may                                 976 .04 Uniform act on close pursuit . (1)
  be charged with having committed here, as well                                    Any member of 'a duly organized state, county
  as that specified in the requisition for his                                      or municipal peace unit of another state of the
                                                                                    United States who enters this state in close
      (30) INTERPRETATION, This section shall be                                    pursuit, and continues within this state such
  so interpreted as to make uniform the law of                                      close pursuit, of 'a person in order' to arrest him
  those states which enact it                                                       on the .e grounds that he is believed to have
       History: .197 1 c 4 0 s . 9.3 ; 1971 c. 298 s .. 26 (2) to (4) .
        Whe re the sole basis in papers upon which extrad ition of                  committed a felony in such other state, shall
   a n acc used apprehended on a governor's wa r rant in this state                 have the same authority to arrest and hold in
   cons isted of a w ife's con cl usory averment that defendant was,                custody such person, as members of a duly
   contrar y to Fl ori da statute, with hol din g from her means of
   support, th e statemen t di d not con sti tu te ev idence su fficient            organized state, county or municipal peace unit
   to co ns titutionall y suppor t a finding of pro ba ble cause and                of' this state have, to arrest and hold in custody a
   hence was ins ufficie nt to su stain the r endition w arran t pursu-
   ant to which t he accused was here arrested, S tate v . Towne,                   person on the grounds that he has committed a
   46 W ( 2d ) 169,174 NW (2d ) 251 .                                               felony in this state .
       Ali b i or ques tion s of g uilt or innocen ce are beyond the
   scop e of i nqu iry in a habeas cor pu s p roceed i ng . . Ex trad i ti on is         (2) If an arrest is made in this state by an
   allowed even though accus ed d id no act in the foreign s tate                   officer of another state in accordance with sub ..
   and has not fled therefrom, State ex cel , Welc h v Hegge, 54
   W (2d ) 48 2, 19 5 NW (2 d ) 669 ;                                                (1), he shall without unnecessary delay take the
       Se e no te to Art . I , sec. . 8, citi ng S ta t e e x re l Ga rner v .      person arrested before a judge of the county in
  Gray, 55 W (2 d ) 574, 20 1 NW (2d) 163,                                          which the arrest was made, who shall conduct a
       An ext ra diti on proceeding is not subj e ct t o collateral a t-
  tack in a proba tion revocation heari ng . Stat e ex rel. Han so n
                                      n                                             heari ng for- the purpose of determining the law-
  v . H&SS Dept . 64 W (2d ) 3 6 7, 21 9 NW (2d ) 2 6 7 .                           fulness of' thearrest . If the j udge determines that
       Request by the demand ing state for ex tra d ition from Wis-                 the arrest was lawful he shall commit the person
  consin of of'a fugitaccused of viola t ion of th e terms of p ro ba-
  tion n eed not be acc ompanied by a n affidavit s worn before a                   arrested to await for a reasonable time the
  magistrate but is s ufficient under (3), if i nc lud ed therewith                 issuance of an extradition warrant by the gover-
 a r e copies of judgment of convictio n, or sent en ce i m posed in
 execution thereof, t ogeth er witha sta tem ent by the executiv e                  nor of this state or admit him to bail for, such
 author i ty that the fug i t ive has broken the t erms of his prob a-              purpose If' the judge determines that the arrest
 tion . State ex rel . Holmes v . Spice, 68 W (2d ) 263, 229 NW
  (2d ) 97 :                                                                        was unlawful he shall discharge the person
       As indicat ed by th e presenc e of a restric t ion in oth er uni-           ar r ested.
 form acts adop ted by Wiscon s in condit ioni ng their applica-
 tio n to other sta tes with the sa me or sim i l ar ac t s a nd t he a b -             (3) Subsection ( 1) shall not be construed so
sence of such . a limi ta ti o n i n t he U n i form Cr imin a l                   as to make unlawful any arrest in this state
Extradition Act , a ppli cabi l ity of' t he sta tut e is not aff ected in
 W isco nsi n by the fact that a state dema nding extradi tio n has                which would otherwise be lawful ,
not adopted the act: Stat e v : Hughes, 68 W (2d) 662, 229                             (4) For the purpose of this section, "state"
NW ( 2d ) 655 :
      A fugitive c omplai nt , alleg i ng on information a nd bel ief'
                                                                                   includes the District of Columbia
that defendant was ch arged i n Mis sissi ppi w i th assaulting a                      (5) "Close pursuit" as used in this sect ion
police officer, with accompan ying ar rest warrant , affid avit s,
other, papers and testimon y, s ufficiently e stablish ed probable                 includes fresh pursuit as defined by the common
c ause for the issuance o f a pr erequi sition warrant. State v .                  law, and also the pursuit of a person who has
Hughes, 68 W ( 2d) 662, 229 NW ( 2d ) 655 .                                        committed a felony or who is reasonably sus-
      Only asylum state, n ot defenda nt , has a constitutional
right to extradit i on, State ex re L. Niedere i v C a d y, 72 W                   pected of having committed a felony , It also
(2d) 311 , 240 NW (2d ) 626                                                        includes the pursuit of a person suspected of
               Electronically scanned images of the published statutes.

 5159                                      UNIFOR M ACTS IN CRIMINAL . PROCEEDINGS 976 .05

having committed a supposed felony, though no              against the prisoner, he shall be brought to trial
felony has actually been committed, if there are           within 180 days after he has caused to be
reasonable grounds for believing that a felony             delivered to the prosecuting officer and the
has been committed , Close pursuit as used                 appropriate court of the prosecuting officer's
herein shall not necessarily imply instant pur-          , jurisdiction written notice of the place of his
suit, but pursuit without unreasonable delay .             imprisonment and his request for a final disposi-
   (6) This section shall be cited as the "Uni-            tion to be made of' the indictment, information
form Act on Close Pursuit" .                             or complaint, but for good cause shown in open
                                                         court, the prisoner or his counsel being present,
  976.05 Agreement on detainers. (1) The                 the court having j urisdiction of the matter may
agreement on detainees is hereby enacted into            grant any necessary or reasonable continuance ..
  law and entered into by this state with all other '    The request of the prisoner shall be accompa-
  jurisdictions legally j oined therein in the form      nied by a certificate of the appropriate offi cial
 substantiall y as follows :                             having custody of ' the prisoner, stating the term
     The contracting states solemnly agree that :        of commitment under which the prisoner is
                     ARTICLE I ..                        being held, the time already served, the time
      The party states find that charges outstand-       remaining to be served on the sentence, the
 ing against a prisone r , detainees based on un-        amount of good time earned, the time of parole
 tried indictments, informations or complaints,          eligibility of the prisoner and any decisions of
 and difficulties in securing speedy trial of per-       the department relating to the prisoner
 sons already: incarcerated in other Jurisdictions,          (b) The written notice and request for final
 produce uncertainties which obstruct programs           disposition referred to in par . (a) of this article
 of prisoner tre~a finent and rehabilitation . Ac-       shall be given or sent by the prisoner to the
 cord i ngly, it is the policy of the party states and   department, or warden, or other official having
 the purpose of' this: agreement to encou r age the      custody of him, who shall promptly forward it
 expeditious and or derly disposition of such            together with the certificate to the appropriate
charges and determination of the proper status           prosecuting official and court by register ed or
 of any and all detainees based on untried indict-       certifi ed mail,, return receipt requested, .
 ments, informations or complaints . . The party
                                                             (c) The department, or warden, or other
states also find that p r oceedings with reference
to such charges and detainees, when emanating            official having custody of the prisoner shall
                                                         promptly inform him of the source and contents
from another j urisdiction, cannot properly be
                                                         of any detainee lodged against him and shall also
had in the absence of cooperative procedures . It
is the further purpose of this agreement to              inform him of his right to make a request for
provide such cooperative procedures .                    final disposition of the indictment, information
                    ARTICLE II .                         or complaint on which the detainee is based . .
     As used in this agreement:                              (d) Any request f 'or final disposition made by
     (a) "State " means a state of the United            a prisoner pursuant to par. : (a) of this article
States ; the United States of America ; a territory      shall operate as a request for final disposition of
or possession of the United States ; the District o f    all untried indictments, infocmations or com-
Columbia ; and the Commonwealth of Puerto                plaints on the basis of which detainees have been
Rico ..                                                  lodged against the prisoner from the state to
     (b) "Sending state" means a state in which a                              g        l
                                                         whose prosecuting official the request for final
prisoner is incarcerated at the time that he             disposition is specifically directed .: The depart-
initiates a request for final disposition pursuant       ment , of warden, or other official ha ving cus-
to article III hereof or at the time that a request
                                     e                                e
                                                         tody of the prisoner shall forthwith notify all
f'or, custody or availability is initiated pursuant      appi-opciate prosecuting officers and courts in
to article IV hereof'.                                   the several jurisdictions within the state to
     (c) "Receiving state" means the state in            which the prisoner's request for- final disposition
which trial is to be had on an indictment ,              is being sent of the proceeding being initiated by
information or complaint pu r suant to article III       the prisoner. Any notification sent pursuant to
or IV hereof...                                          this paragraph shall be accompanied by copies
                   ARTICLE IIL                           of` theprisoner's written notice, request and the
     (a) Whenever a person has entered upon a            certificate. If ' trial is not had on any indictment,
term of imprisonment in a penal or correctional          information or complaint contemplated hereby
institution of 'a party state, and whenever during       pi ioi to the return of the prisoner to the original
the continuance of the term - of imprisonment            place of imprisonment,: such indictment,, infor-
there is pending in any other party state any            mation or complaint shall not be of any further
untried indictment, information or complaint on                    e
                                                         force or, offect, and the court shall enter an order
the basis of which a detainee has been lodged            dismissing the same with prejudice .
                      Electronically scanned images of the published statutes.
  976 .05 UNIFORM ACTS IN CRIMINAL PROCEEDINGS                                                           5 160

     (e) Any request for- final disposition made by       for custody or availability and of the reasons
  a prisoner, pursuant to par . (a) of this article       therefor .
  shall also be deemed to be a waiver of extradi-            (c) In respect to any proceeding made possi-
  tion with respect to any charge or proceeding           ble by this article, trial shall be commenced
  contemplated thereby or included therein by             within 120 days of the arrival of the prisoner- in
  reason of' par (d) of''this article, and a waiver of    the receiving state, but for good cause shown in
  extradition to the receiving state to serve any         open court, the prisoner or his counsel being
 sentence there imposed upon him after comple-            present, the court having jurisdiction of the
 tion of his' term of imprisonment in the sending         matter may grant any necessary of reasonable
 state. The request for final disposition shall also      continuance . . .
 constitute a consent by the prisoner to the pro-
                                                e            (d) Nothing contained in this article shall be
 duction of his body in any court where his               construed to deprive any prisoner of any right
 presence may be required in order to effectuate          which he may have to contest the legality of his
 the purposes of this agreement and a further             delivery as provided in par . (a) of ' this article,
 consent voluntarily to be returned to the original       but such delivery may not be opposed or denied
 place of imprisonment in accordance with . the           on the grounds that the executive authority of
 provisions of this agr eement . Nothing in this          the sending state has not affirmatively con-
 paragraph shall prevent the imposition of a
                                 e                        sented to or ordered such delivery
 concurrent sentence if otherwise permitted by               (e) If trial is not had on any indictment,
 law .                                                    information or complaint contemplated hereby
    (f) Escape from custody by the prisoner               prior to the prisoner's be i ng returned to the
 subsequent to his execution of the request for           original place of imprisonment pursuant to arti-
 final disposition, refer-red   in par . (a) of this      cle V (e) hei : eof ', such indictment, information
 article shall void the request. .                        or complaint shall not be of any further, force or
                   ARTICLE IV :                           effect, and the court shall enter an order dis-
    (a) The appropriate officerr of the jurisdic-         missing the same with prejudice .
 tion in which an untried indictment, information
                           d                                               ARTICLE V .
 or complaint is pending : shall be entitled to have           (a) In response to a request made under
 a prisoner against whom he has lodged a de-               article III or IV hereof, the appropriate author-
 tainei and who is serving a term of imprison-             ity in a sending state shall offer to deliver
 ment in any party state made available in ac-             temporary custody of such prisoner to the appro-
 cordance with article V (a) hereof' upon                 priate authority in the state where such indict-
 presentation of 'a written request for temporary         ment, information or complaint is pending
 custody or, availability to the appropriate au-          against such person in order that speedy and
 thoiities . of' the state in which the prisone r is      effi cient prosecution may be had If the request
 incarcerated : provided that the court having.
                                           t              f 'orfinal disposition is made by the prisoner, the
jurisd iction of such indictment, infor mation or         offer of temporary custody shall accompany the
complaint has duly approved,, recorded and                written notice provided for in article III of this
transmitted the request :. and that there shall be a     agreement. In the case of 'a federal prisoner, the
period of .30 days after receipt by the appropri-        appropriate authority in the receiving state s hall
ate' authorities before the request is honored,          be entitled to temporary custody as provided by
within which pe r iod the governor of the sending        this agreement or to the prisoner's presence in
state may disapprove the request for temporary           federal custody at the place for trial; whichever
custody or' availability, ' either upon his 'own         custodial arrangement may be approved by the
motion or upon motion of the prisoner-                   custodian ;
   (b) Upon receipt of the officer's written                 (b) The off i cer or other representative of' a
request as provided in par . (a) of thisarticle, .the    state accepting an offer of temporary custody
appropriate : authorities having the prisoner in         shall present the following upon demand : '
custody shall furnish the officer with a certifi-   -        1 : Proper identification' and evidence of his
cate stating the term of commitment under                authority to act for the state into `whose tempo-
which the prisoner is being held, the time al-           rary custody the prisoner is to be given :
ready served, the time remaining to be-served on             2. A duly certified copy of the indictment,
the sentence, the amount of good time earned,            information of complaint on the basis of which
the time of parole eligibility of the prisoner, and      the detainer has been lodged and on the basis of
any decisions of the`state parole agency relating        which the request for temporary custody of the
to the prisoner : Said authorities simultaneously        prisoner has been made
shall furnish all other, officers and appropriate            (c) If the appropriate authority refuses or -
courts in the receiving state who lodged detain          fails to accept temporary custody of said person;
ers against--the prisoner with similar certificates      of in the event that an action on the indictment,
and with notices informing them of` the request          information or complaint on the basis' of which
               Electronically scanned images of the published statutes.
 5161                                        UNIFORM ACTS IN CRIMINAL PROCEEDINGS 976 . 05

the detainer has been lodged is not brought to
                     s                                                         ARTICLE VI .
trial within the period provided in article III or-            (a) In determining the duration and expira-
IV -her ' eof ', the appropriate court of ' the jurisdic-   tion dates of' the time periods provided in articles
tion where the indictment, information or com-              III and IV of this agreement, the running of said
plaint has been pending shall enter an order                time periods shall be tolled whenever and for as
dismissing the same with prejudice, and any
                          e                                 long as the prisoner is unable to stand trial, as
detainer based thereon shall cease to be of any             determined by the court having jurisdiction of
effect .                                                    the matter .
   (d) The temporary custody referred to in this               (b) No provision of thi s agreement, and no
agreement shall be only for the purpose of                  remedy made available by this agreement , shall
permitting prosecution on the charge or charges             apply to any person who is adjudged to be
contained in one or more untried indictments,               mentally ill .,
infot mationa or complaints which form the basis                              ARTICLE VII
of the detainee or for prosecution on any other                Each state party to this agreement shall des-
charge or- charges arising out of the same trans-           ignate an officer who, acting jointly with like
action . . Except for his attendance at court and           officers of other party states, shall promulgate
while being transpor ted to or from any place at            rules and regulations to carry out more effec-
which his presence may be required, the prisoner            tively the terms and provisions of this agree-
shall be held in a suitable jail or other facility
        e                                                   ment, and who shall provide, within and without
regular ly used for persons awaiting prosecution ..         the state, information necessary to the effective
   (e) At the earliest practicable time conso-              operation of this agreement ,
nant with the purposes of this agreement, the                                ARTICLE VIII .
prisoner shall be -.returned to the sending state .            This agreement shall enter into full force as to
   (f) During the continuance of temporary                  a party state when such state has enacted the
custody or while the prisoner is otherwise being            same into law . A state party to this agreement
made available I'm- trial as required by this               may withdraw herefrom by enacting a statute
agreement, time . being served on the sentence              repealing the same.. However, the withdrawal of
shall continue to run but good time shall be                any s tate shall not affect the status of any
earned by the prisoner- only if, and to the extent          proceedings- already initiated by inmates or by
that, the law and practice of the jurisdiction              state officers at the time such withdrawal takes
which imposed the sentence allows ..                                         l
                                                            effect, nor shall it aff'ect ' their rights in respect
   (g) For all purposes other than that for which           ther'eof'.
temporary custody as provided in this agree-
                                                                               ARTICLE IX .
ment is exercised, the prisoner shall be deemed
to r emain in the custody of' and subject to the                This agreement shall be liberally construed so
jurisdiction of the sending state and any escape            as to effectuate its purposes :. The provisions of
                                                             this agreement shall be severable and if any
from temporary custody may be dealt with in
                                                            phrase, clause, sentence or, provision of this
the same manner as an escape from the original
                                                            agreement is declared to be contrary to the
place of imprisonment or in any other manner-
                                                            constitution of any party state or of the United
permitted by law .
                                                            States o f the applicability thereof to any govern-
   (h) From the timethat a party state received
                                                            ment, agency, per son or circumstance is held
custody of a prisoner pursuant to this agreement
                                                            invalid, the validity of the remainder of this
until such prisoner is returned to the territory
                                                            agreement and the applicability thereof to any
and custody of the sending state, . the .e state in
                                                            government, agency, person or circumstance
which the one or more untried indictments,
                                                            shall not be affected thereby . If this ag r eement
informations or complaints are pending or in
                                                            shall be held contrary to the constitution of any
which trial is being had shall be responsible for,
                                                            state party hereto, the agreement shall remain in
the prisoner and shall also pay . all costs of
                                                            full force as to the remaining states and in full
transporting, caring for-, keeping and returning
the prisoner This paragraph shall govern unless             force as to the state affected as to all severable
the states concerned have entered into a supple-            matter's . .
mentary agreement providing for, a different                    (2) In this section:
allocation .n of costs and responsibilities as be-              (a) "Appropriate court", with reference to
tween or- among themselves .. Nothing herein                the courts of ' this state, means the circuit court ..
contained shall be construed to alte r, or aff"ect              (b) "Department" means the department of
any internal relationship among the depart-                 health and social services .
ments, agencies and officers of and in the gov-                 (3) All courts, departments, agencies, of-
ernment of a party state, or between a party                ficers and employes of this state and its political
state and its subdivisions, as to the payment of            subdivisions are hereby directed to enforce the
costs, or responsibilities therefor                         agreement on detainees and to cooperate with
                         Electronically scanned images of the published statutes.
 976 : 05 UNIFORM A CTS IN CRIMINAL PROCEEDINGS                                                                               5162

 one another and with other parties in enforcing    976 . 06 Agreement on det ai ners ; aeidi-
 the, agreementt and effectuating itss purpose,     tional procedure . Following receipt of the
    (4) Nothing in this section or in the agree- officer's written request as provided ins 976 05
 went on detainees shall be construed to require (1)Article IV (a), the prisoner shall forthwith
 the application of s . 939 .62 to any person on be taken before a,judge of 'a court of record of
 account of` any conviction had in a proceeding this state, who shall inform the prisoner of the
 brought to final disposition by reason of the use request for temporary custody or availability,
 of said agreement ., the crime with which charged and that the
   (5) Any prisoner' who while in another state prisoner has the right to petition the governor to
as a result of the application of the agreement on deny the request, to contest the request and to
detainees escapes from lawful, custody shall be demand and procure legal counsel . If the piis-
punished as though such escape had occurred ones or the prisoner's counsel shall state that the
within this state .e prisoner or the prisoner and counsel desire to
   (6) The department shall give over the per- test the legality of granting temporary custody
son of any inmate of any penal or correctional or availability, the judge shall set a date for
institution under its jurisdiction whenever so hearing which shall be not later than the expira-
required by the operationn of" the agreement on tion of the 30-day period established by, ss
detainees . The central administrator of and 976 .05 (1) Article IV (a) If' a hearing is set,
information agent for the agreement on detain- notice of the hearing shall be given to the
ergs shall be the administrator of the division of appropriate officer of the state requesting tem•-
corrections of the department poraty custody or availability and to the author-
   (7) Copies of this section shall, upon its ities having custody of the prisoner in this statee
approval, be transmitted to the governor of:each The scope of any hearing or ruling under this
state, the attorney general and the secretary of section shall 'be confined to the request for -
state of the United States, and the council of temporary custody or availability, and to the
state governments :
                    ; identification of the person sought by the re-
  History c 449; 1979 c . 89
  : 1977
    See note to Art . I, sec 8, citing State ex eel Garner v questing state, but shall not encompass the guilt
Gray, 55 W (2d) 574, 201 NW (2d) 163 or innocence of the prisoner as to the crime
    The question of whether another state which has filed a
detainee has failed to grant the prisoner a speedy trial after charged by the requesting state, .
demand must be decided by the demanding state . The apps              History: 1975 c 158, 199.
priate officer to file a detainee under Art, IV (a) is the prose-
:u officer of the county of the foreign state where the              Revisor's Note, 19 75 : See drafting file in Legislative Refer-
charges exist. . State ex eel Garner v . Gray, 59 W (2d) 323, ence Bureau for Legislative Council Note to original bill .
208              NW           (2d)                 161            ( B ill 263-A]
    Writ of habeas corpus ad prosequendum issued by federal State's failure to hold hearing within 30-day period under
court directing state authorities to produce state prisoner for 97605 (1)' required discharge of prisoner from detainee
federal criminal trial is not . a detainee under this section State v Sykes, 91 W (2d) 436, 283 NW (2d)' 446 (Ct App ..
United States v . Mauro, 436 US 340 (1978) 1979)

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