Interstate Agreement on Detainers: What You Need to Know in New Jersey

The Interstate Agreement on Detainers (IAD) is a legal compact between the states that establishes a system for the transfer of prisoners from one jurisdiction to another. Under the IAD, a prisoner who is serving a sentence in one state can be transferred to another state to face charges of a different crime. The IAD was enacted to reduce the cost and complexity of extradition proceedings.

In New Jersey, the IAD is governed by the Uniform Criminal Extradition Act (UCEA). Under the UCEA, the Governor of New Jersey has the authority to enter into agreements with other states for the transfer of prisoners. The Governor can also waive the extradition proceedings for certain cases.

If a prisoner is serving a sentence in New Jersey and is wanted by another state, the IAD can be used to transfer the prisoner to the other state for trial. The prisoner must first be informed of the charges against them and given an opportunity to contest the transfer. The prisoner must then be transferred within 30 days of their request, unless there are exceptional circumstances.

The IAD also allows for temporary transfers of prisoners for purposes such as court appearances or medical treatment. The transferring state must provide the necessary care and treatment while the prisoner is in their custody.

One of the benefits of the IAD is that it allows for the speedy transfer of prisoners between states. This can be particularly important in cases where a prisoner is facing serious charges and needs to be transferred quickly to another state to face trial. The IAD can also reduce the cost of extradition proceedings, since the states involved share the cost of transporting the prisoner.

However, there are also potential downsides to the IAD. Some critics argue that it can be used to circumvent due process protections and that it can result in unequal treatment of prisoners. For example, a prisoner who is transferred to another state may face harsher sentencing laws or different legal procedures compared to if they had been tried in their home state.

Overall, the IAD is an important tool for the transfer of prisoners between states. However, it is important to ensure that the rights of prisoners are protected and that the system is used fairly and transparently. If you are facing charges in New Jersey and are concerned about the IAD or other extradition proceedings, it is important to seek the advice of an experienced criminal defense attorney.