Guide
Detainers: what they are and how they affect release
A detainer is a notice from another agency asking the prison to hold the person, or to notify it before release. It can change when and where the person goes.
General explanation. OutSooner does not prepare requests or legal filings; talk to a lawyer for that.
Common types
- Pending charges in another state or county (untried cases).
- Another sentence to serve in a different jurisdiction.
- Parole or probation violation somewhere else.
- Immigration (ICE): see our ICE detainer guide.
The Interstate Agreement on Detainers (IAD)
- The official with custody must promptly tell the person the source and contents of any detainer and their right to request final disposition of the case (Art. III(c)).
- If the person requests final disposition of untried charges in another party state, trial must happen within 180 days after the request is delivered to the prosecutor and court, subject to continuances the court grants (Art. III(a)).
- If the other state requests custody, trial must start within 120 days of the person's arrival, subject to continuances (Art. IV(c)).
- The IAD covers untried charges, not sentences already imposed and generally not parole violations. Details and exceptions matter: talk to a lawyer.
[Interstate Agreement on Detainers (18 U.S.C. App. 2), via GovInfo] (opens in new tab)
How it can affect release
- The person may be handed to another agency instead of walking out.
- It can affect classification, programs or early release options; rules vary by system.
- OutSooner estimates do not account for detainers. Mark them as a missing input in your release plan.
Sources: Interstate Agreement on Detainers (18 U.S.C. App. 2), via GovInfo (opens in new tab) · Last verified: · Corrections