Maine Revised Statutes
Article 2: COMMITTED OFFENDERS GENERALLY
34-A §3042. Disposition of detainers

§3042. Disposition of detainers
1.  Notice to prisoner.  The commissioner, chief administrative officer or other official having custody of a prisoner serving a term of imprisonment in a correctional facility in this State shall promptly inform the prisoner in writing of:  
A. The source and contents of any untried indictment, information or complaint pending in this State against the prisoner of which the commissioner, warden or other official has knowledge; and   [PL 1983, c. 459, §6 (NEW).]
B. The prisoner's right to request a final disposition of the untried indictment, information or complaint.   [PL 1983, c. 459, §6 (NEW).]
[PL 1983, c. 459, §6 (NEW).]
2.  Right to trial.  A prisoner serving a term of imprisonment in a correctional facility in this State is entitled to be brought to trial on any untried indictment, information or complaint pending in this State against him within 180 days after giving proper notice in accordance with subsections 3 and 4.  
[PL 1983, c. 459, §6 (NEW).]
3.  Proper notice.  To constitute proper notice under subsection 2, the prisoner must send to the prosecuting official of the county in which the indictment, information or complaint is pending, and to the appropriate court, the following:  
A. Written notice of the place of imprisonment;   [PL 1983, c. 459, §6 (NEW).]
B. Written notice of the request for final disposition to be made of the untried indictment, information or complaint; and   [PL 1983, c. 459, §6 (NEW).]
C. A certificate of the commissioner, warden or other official having custody of the prisoner stating:  
(1) The term of commitment under which the prisoner is held;  
(2) The time already served on the sentence;  
(3) The time remaining to be served;  
(4) The total of deductions received and retained;  
(5) The time of parole eligibility of the prisoner; and  
(6) Any decisions of the State Parole Board relating to the prisoner.   [PL 2019, c. 113, Pt. C, §96 (AMD).]
[PL 2019, c. 113, Pt. C, §96 (AMD).]
4.  Manner of giving proper notice.  The manner of giving proper notice under subsection 2 is as follows.  
A. The prisoner shall give or send the written notice of place of imprisonment and the written notice of request for final disposition to the commissioner, warden or other official having custody of him.   [PL 1983, c. 459, §6 (NEW).]
B. The commissioner, warden or other official having custody of the prisoner shall promptly forward the written notices, together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.   [PL 1983, c. 459, §6 (NEW).]
[PL 1983, c. 459, §6 (NEW).]
5.  Continuance.  For good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.  
[PL 1987, c. 167, §1 (RPR).]
6.  Time limitation.  If the prisoner is not brought to trial on the untried indictment, information or complaint within 180 days after the prisoner gave or sent proper notice under subsection 2:  
A. The untried indictment, information or complaint is no longer of any force or effect;   [PL 1987, c. 167, §2 (AMD).]
B. No court has jurisdiction over it; and   [PL 1983, c. 459, §6 (NEW).]
C. The appropriate court shall enter an order dismissing it with prejudice.   [PL 1983, c. 459, §6 (NEW).]
[PL 1987, c. 167, §2 (AMD).]
7.  Effect of escape.  If a prisoner escapes from custody after his execution of the request for final disposition, his request is voided.  
[PL 1983, c. 459, §6 (NEW).]
8.  Exception.  This section does not apply to any person adjudged to be mentally ill.  
[PL 1983, c. 459, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1987, c. 167, §§1,2 (AMD). PL 2019, c. 113, Pt. C, §96 (AMD).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 34-A: CORRECTIONS

Chapter 3: CORRECTIONAL FACILITIES

Subchapter 1: GENERAL PROVISIONS

Article 2: COMMITTED OFFENDERS GENERALLY

34-A §3031. Rights

34-A §3031-A. Transportation outside the State for medical care

34-A §3031-B. Limitation on reimbursement rate to medical service providers for services outside department facility

34-A §3032. Disciplinary action

34-A §3033. Work assignments

34-A §3034. Prisoner labor (REPEALED)

34-A §3035. Rehabilitative programs

34-A §3035-A. Solid waste recycling program (REPEALED)

34-A §3036. Halfway house program (REPEALED)

34-A §3036-A. Supervised community confinement program

34-A §3036-B. Reentry houses

34-A §3037. Physical and mental examination

34-A §3038. Administration of medication (REPEALED)

34-A §3038-A. Care of children of committed offenders

34-A §3039. Clients' money

34-A §3039-A. Family support

34-A §3040. Clients' property presumed abandoned

34-A §3040-A. Property of deceased clients

34-A §3041. Reduction of sentence (REPEALED)

34-A §3042. Disposition of detainers

34-A §3043. Aliens

34-A §3044. Escapees; fugitives; apprehension

34-A §3045. Death of client

34-A §3046. Funeral and deathbed visits (REPEALED)

34-A §3046-A. Funeral and deathbed visits

34-A §3047. Discharge or parole

34-A §3048. Religious services

34-A §3049. Involuntary medication of person with mental illness

34-A §3050. Report regarding juveniles in custody

34-A §3051. Transportation of female clients to and from medical appointments

34-A §3052. Comprehensive substance use disorder treatment program (REALLOCATED FROM TITLE 34-A, SECTION 3050)