15-10.3. Mandatory disposition of detainers - procedure; return of prisoner after trial. [Effective until January 1, 2023]
The district attorney, upon receipt of the written notice and request for a final disposition as hereinbefore specified, shall make application to the court in which said charge is pending for a writ of habeas corpus ad prosequendum and the court upon such application shall issue such writ to the Secretary of Public Safety requiring the prisoner to be delivered to said court to answer the pending charge and to stand trial on said charge within the time hereinbefore provided; upon completion of said trial, the prisoner shall be returned to the State prison system to complete service of the sentence or sentences under which he was held at the time said writ was issued. (1957, c. 1067, s. 2; 1967, c. 996, s. 15; 1973, c. 47, s. 2; c. 1262, s. 10; 2011-145, s. 19.1(i).)
15-10.3. Mandatory disposition of detainers - procedure; return of prisoner after trial. [Effective January 1, 2023]
The district attorney, upon receipt of the written notice and request for a final disposition as hereinbefore specified, shall make application to the court in which said charge is pending for a writ of habeas corpus ad prosequendum and the court upon such application shall issue such writ to the Secretary of the Department of Adult Correction requiring the prisoner to be delivered to said court to answer the pending charge and to stand trial on said charge within the time hereinbefore provided; upon completion of said trial, the prisoner shall be returned to the State prison system to complete service of the sentence or sentences under which he was held at the time said writ was issued. (1957, c. 1067, s. 2; 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.