Interstate Agreement on Detainers: Understanding South Carolina`s Role

The Interstate Agreement on Detainers (IAD) is a compact among 50 states in the United States that allows for the transfer of prisoners between jurisdictions for criminal prosecutions. The agreement is designed to ensure that prisoners who commit crimes in one state and flee to another state are brought to justice.

South Carolina, like other states, is a participating member of the IAD. However, there are specific laws and procedures governing how the IAD operates within the state.

So, what exactly is the IAD, and how does it work in South Carolina?

The Interstate Agreement on Detainers: An Overview

The IAD was first created in 1956 and has been adopted by all 50 states in the U.S. It is an agreement between member states that provides a framework for the transfer of prisoners from one state to another.

The agreement allows for the transfer of prisoners who have been charged with a crime in one jurisdiction but are currently in custody in another jurisdiction. The transfer of prisoners is done through a formal request, known as a detainer, which is issued by the prosecuting authority in the state where the crime was committed.

Once the detainer is issued, the prisoner is held in custody in the state where they are currently located until they can be transferred to the jurisdiction where they are wanted for trial. The IAD sets forth a timeline for the transfer of the prisoner, with the goal of completing the transfer as quickly as possible.

How the IAD Works in South Carolina

South Carolina has adopted the IAD and has specific laws and procedures in place to govern how it operates within the state. In South Carolina, detainers are issued by the South Carolina Department of Corrections on behalf of the prosecuting authority in the state where the crime was committed.

Once a prisoner is in custody in South Carolina, the prosecuting authority in the other state can request that South Carolina hold the prisoner until they can be transferred. South Carolina law allows for the transfer of prisoners between the states, but it must be done in accordance with the provisions of the IAD.

One of the key provisions of the IAD is the “time for trial” provision, which requires that the prisoner be brought to trial within 180 days of the detainer being issued. If the trial is not held within that time frame, the prisoner must be released, and the detainer is void.

South Carolina also has a law that requires prisoners who are in custody in the state to be brought to trial within 120 days. If the trial is not held within that time frame, the prisoner may request that the charges be dismissed.

Conclusion

The Interstate Agreement on Detainers is an important tool that allows for the transfer of prisoners between jurisdictions for criminal prosecutions. South Carolina, like other states, has adopted the IAD and has specific laws and procedures in place to govern how it operates within the state.

Understanding how the IAD works in South Carolina is important for prosecutors, defense attorneys, and prisoners who may be subject to the provisions of the agreement. By following the procedures set forth in the IAD, South Carolina can ensure that prisoners are brought to trial in a timely and efficient manner, and justice is served.