2023 U.S. Code
Title 18 - Crimes and Criminal Procedure
Appendix
Interstate Agreement on Detainers
Sec. 9 - Special Provisions when United States is a Receiving State

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Citation 18 U.S.C. § 9 (2023)
Section Name §9. Special Provisions when United States is a Receiving State
Section Text

Notwithstanding any provision of the agreement on detainers to the contrary, in a case in which the United States is a receiving State—

(1) any order of a court dismissing any indictment, information, or complaint may be with or without prejudice. In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: The seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of the agreement on detainers and on the administration of justice; and

(2) it shall not be a violation of the agreement on detainers if prior to trial the prisoner is returned to the custody of the sending State pursuant to an order of the appropriate court issued after reasonable notice to the prisoner and the United States and an opportunity for a hearing.

Source Credit

(Pub. L. 91–538, §9, as added Pub. L. 100–690, title VII, §7059, Nov. 18, 1988, 102 Stat. 4403.)

Publication Title United States Code, 2018 Edition, Supplement 5, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 18 - CRIMES AND CRIMINAL PROCEDURE
TITLE 18 - APPENDIX
- INTERSTATE AGREEMENT ON DETAINERS
Sec. 9 - Special Provisions when United States is a Receiving State
Contains section 9
Date 2023
Laws In Effect As Of Date January 3, 2024
Positive Law Yes
Disposition standard
Statutes at Large References 102 Stat. 4403
Public Law References Public Law 91-538, Public Law 100-690
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