Wis JI-Criminal SM-90

WHEN ANOTHER JURISDICTION 1 FILES A WRITTEN REQUEST FOR

TEMPORARY CUSTODY OR AVAILABILITY OF A PRISONER WITH THE

WARDEN OF AN INSTITUTION (OR WITH THE SHERIFF IN CHARGE OF A

COUNTY JAIL), 2 THE PRISONER IS TO BE TAKEN FORTHWITH BEFORE A

JUDGE OF A COURT OF RECORD. 3 THE JUDGE SHOULD EXAMINE THE

REQUEST FOR A TEMPORARY CUSTODY TO ASSURE THAT IT HAS BEEN

DULY APPROVED, RECORDED, AND TRANSMITTED BY THE COURT HAVING

JURISDICTION OVER THE INDICTMENT, INFORMATION OR COMPLAINT

UPON WHICH THE REQUEST IS BASED. 4

IF THE REQUEST IS IN PROPER FORM, THE COURT SHOULD ADVISE THE

PRISONER AS FOLLOWS:

A request for your temporary custody or availability under Article IV of the Uniform

Detainer Act was received on (date request received by warden or sheriff) from (name

of officer and jurisdiction). You are charged with committing the offense of (name of

offense), on (date offense committed), in (site of offense). (SPECIFY ALL

OFFENSES LISTED IN THE REQUEST.) The request for temporary custody means

that (receiving state) wants to have you returned to stand trial on the charge(s) I have

just described to you. If you are returned to (receiving state), you may also be tried on

other charges upon which detainers have been filed. 5 Trial must be commenced within

120 days of your arrival in (receiving state), unless a continuance has been granted in

open court in your presence or the presence of your counsel. 6 After the charges are

resolved, you will be returned to Wisconsin to complete your present sentence.

Authorities from (receiving state) will be able to pick you up after 30 days have

elapsed from the date the request was received unless the governor of Wisconsin

disapproves the request within that period of time. You have the right to petition the

governor to ask that he disapprove the request. 7 You may petition the governor by

writing the following person:

Pardon and Extradition Counsel

Office of the Governor

State Capitol Building

Madison, Wisconsin 53702

You may not oppose your delivery to the authorities from (receiving state) on the

ground that the governor has not affirmatively consented to or ordered the delivery. 8

You also have the right to contest your delivery in court 9 and to be represented by an

attorney. If you cannot afford to hire an attorney, one will be appointed for you. If you

wish to contest the matter in court, the only issues will be the sufficiency of the request

for temporary custody and your identification as the person sought. 10 Your guilt or

innocence on the criminal charge(s) will not be inquired into. If you wish to contest your

delivery in court you must request a hearing promptly; the hearing must be held within 30

days after the request for temporary custody was received.

Do you understand your rights as I have just described them to you?

And do you understand that if you wish to contest your delivery to (receiving state),

either by petitioning the governor or by requesting a court hearing, or both, the matter

must be resolved within 30 days after the request for temporary custody was received,

which will be (specify date) ?

[END OF ADVICE TO PRISONER]

IF THE PRISONER REQUESTS COUNSEL, COUNSEL SHOULD BE

APPOINTED IMMEDIATELY.

IF THE PRISONER REQUESTS A COURT HEARING TO CONTEST

DELIVERY, A DATE SHOULD BE SET WITHIN THE 30-DAY PERIOD

FOLLOWING THE RECEIPT OF THE REQUEST.

IF THE PRISONER INDICATES THAT HE OR SHE DOES NOT WISH TO

CONTEST DELIVERY PURSUANT TO THE REQUEST FOR TEMPORARY

CUSTODY, THE COURT SHOULD EMPHASIZE THAT NO FURTHER LEGAL

PROCEEDINGS WILL BE REQUIRED AND THAT THE PRISONER WILL BE

MADE AVAILABLE TO THE AUTHORITIES FROM THE RECEIVING STATE AT

THE END OF THE 30-DAY PERIOD. 11

IF THE PRISONER INDICATES THAT HE OR SHE DOES NOT KNOW WHAT

TO DO, EMPHASIZE THAT THE PRISONER HAS THE RIGHT TO CONSULT

WITH COUNSEL, AND THE RIGHT TO HAVE COUNSEL APPOINTED IF

INDIGENT, TO ASSIST IN MAKING THE DECISION.