15-10.2. Mandatory disposition of detainers - request for final disposition of charges; continuance; information to be furnished prisoner. [Effective until January 1, 2023]
(a) Any prisoner serving a sentence or sentences within the State prison system who, during his term of imprisonment, shall have lodged against him a detainer to answer to any criminal charge pending against him in any court within the State, shall be brought to trial within eight months after he shall have caused to be sent to the district attorney of the court in which said criminal charge is pending, by registered mail, written notice of his place of confinement and request for a final disposition of the criminal charge against him; said request shall be accompanied by a certificate from the Secretary of Public Safety stating the term of the sentence or sentences under which the prisoner is being held, the date he was received, and the time remaining to be served; provided that, for good cause shown in open court, the prisoner or his counsel being present, the court may grant any necessary and reasonable continuance.
(b) The Secretary of Public Safety shall, upon request by the prisoner, inform the prisoner in writing of the source and contents of any charge for which a detainer shall have been lodged against such prisoner as shown by said detainer, and furnished the prisoner with the certificate referred to in subsection (a). (1957, c. 1067, s. 1; 1967, c. 996, s. 15; 1973, c. 47, s. 2; c. 1262, s. 10; 2011-145, s. 19.1(i).)
15-10.2. Mandatory disposition of detainers - request for final disposition of charges; continuance; information to be furnished prisoner. [Effective January 1, 2023]
(a) Any prisoner serving a sentence or sentences within the State prison system who, during his term of imprisonment, shall have lodged against him a detainer to answer to any criminal charge pending against him in any court within the State, shall be brought to trial within eight months after he shall have caused to be sent to the district attorney of the court in which said criminal charge is pending, by registered mail, written notice of his place of confinement and request for a final disposition of the criminal charge against him; said request shall be accompanied by a certificate from the Secretary of the Department of Adult Correction stating the term of the sentence or sentences under which the prisoner is being held, the date he was received, and the time remaining to be served; provided that, for good cause shown in open court, the prisoner or his counsel being present, the court may grant any necessary and reasonable continuance.
(b) The Secretary of the Department of Adult Correction shall, upon request by the prisoner, inform the prisoner in writing of the source and contents of any charge for which a detainer shall have been lodged against such prisoner as shown by said detainer, and furnished the prisoner with the certificate referred to in subsection (a). (1957, c. 1067, s. 1; 1967, c. 996, s. 15; 1973, c. 47, s. 2; c. 1262, s. 10; 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15 - Criminal Procedure
Article 1 - General Provisions.
§ 15-1 - Statute of limitations for misdemeanors.
§ 15-4 - Accused entitled to counsel.
§ 15-6 - Imprisonment to be in county jail[Effective until January 1, 2023]
§ 15-6.3 - Credit for service of sentence while in another jurisdiction.
§ 15-7 - Postmortem examinations directed.
§ 15-8 - Stolen property returned to owner.
§ 15-10 - Speedy trial or discharge on commitment for felony.
§ 15-10.1 - Detainer; purpose; manner of use[Effective until January 1, 2023]
§ 15-10.4 - Mandatory disposition of detainers exception as to prisoners who are mentally ill.