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Interstate Agreement on Detainers Act (IADA)

A detainer is a request “to hold” which is filed against an inmate by a criminal justice agency, usually a state, with the federal prison in which the inmate is incarcerated. This detainer requires the federal prison to either hold the inmate for the state agency or to notify the state agency when release of the prisoner is near and pending. The state will then, upon the completion of the inmate’s sentence, pick him up and transport him back to the state in which the detainer was initially lodged. This will result in the inmate taking a plea or a trial and in many instances additional time in a state facility or prison.

A federal inmate who has a detainer lodged against him must complete his sentence at the federal prison at which he has been designated or is currently incarcerated. He will then be picked up at the end of his federal sentence and transported to the state that lodged the detainer against him. This results in the federal inmate receiving no halfway house time or home detention. It also precludes the inmate from any sentence reduction programs such as the Second Chance Act or the 500-Hour Residential Drug Abuse Program, RDAP. This similarly prevents the inmate already incarcerated in federal prison from receiving a speedy trial on the new charges filed against him in a totally separate state jurisdiction. This of course produces uncertainties for the inmate and for his future and impedes programs which are used for his rehabilitation.

An inmate with a detainer is frequently kept in close custody and close supervision such as the Special Housing Unit or SHU or in a specialized contracted facility. One example of such specialized facilities contracted by the Bureau of Prisons is those facilities contracted to hold Illegal Aliens who have Immigration and Customs Enforcement (ICE) Detainers. Some of the facilities used to hold the non-United States citizens are CI Adams in Mississippi, CI McRae in Georgia, CI D. Ray James, also in Georgia, and others spread throughout the United States.

The U.S. Congress enacted on December 9, 1970, the Interstate Agreement on Detainers Act, IADA, which allows for a trial for a detained inmate of any untried indictment, information, or complaint within 180 days. The United States Supreme Court has held that the Interstate Agreement on Detainers Act allows for a trial of any untried indictment, information, or complaint within 180 days, but the prisoner needs to enter a request for final disposition to begin the 180 day clock ticking. This is very important. If an inmate properly files the appropriate documents to the appropriate parties and these documents state the exact items required, the state that lodged the detainer (Receiving State) must pick up the inmate from the prison who has the inmate (Sending State) within 180 days of receiving the proper IADA request documents. The Receiving State must then bring the inmate back and resolve all charges within 180 days. If the time periods above are not adhered to, the indictment and all charges will be dismissed with prejudice.

This simply means that if an inmate follows all the correct rules and procedures outlined in the IADA, and either the Sending State (the entity having custody of the prisoner) or the Receiving State (the entity where the detainer is lodged) does not follow the rules, which we already know that in most cases they will not, the detainer (charges) are dismissed with prejudice.

The Prison Consulting Group knows the IADA process. We know all the fine points and we know what must be sent, to whom it is sent, what documentation is required, and how to properly send it. PCG knows how to prepare, process, and file a correct IADA request. We leave nothing to chance. We prepare everything for the inmate. PCG provides for the inmate all the completed documents and materials needed to comply with proper IADA submission. We have the resources, experience, and means to effectively help you remove your detainers. You need to start the IADA detainer removal process immediately. Don’t wait a week or month to start. The clock is ticking. Start the process now. Don’t take a chance on waiting. We find that due to the apathy, ineptitude, and nature of county, state, and BOP officials; their procrastination and indecisiveness will cause your charges to be dismissed. We provide the knowledge and assistance to make sure this does not fail. If you have detainers, call us now.

Contact Us 

Prison Consulting Group LLC is a Limited Liability Company headquartered in Largo, Florida. We provide information, consultation, and program positioning to individuals facing federal incarceration. We are experts in the field of federal incarceration and the multitude of Bureau of Prisons’ programs, policies, and procedures. Our mission is to help federal inmates receive the most favorable net sentence allowable, assist and counsel the inmate and his/her family during this arduous time, and help the inmate return to his/her home as soon as possible. We accomplish this by utilizing our expertise and knowledge in the field of federal incarceration, our contacts in the Bureau of Prisons’ system, and working closely with the defendant’s attorney or legal team. You may contact us the following ways:

TOLL FREE 800-382-0868

OFFICE 954-522-2254

FAX 954-206-0999

EMAIL Experts@jailtimeconsulting.com


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