Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 25. Extradition and Detainers · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 2542 (2026)

Written notice requesting disposition, trial within 180 days; waiver of extradition

✓ current as of May 2026
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(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within 180 days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of imprisonment and the request for a final disposition to be made of the indictment, information or complaint; provided, that for good cause shown in open court, the prisoner or the prisoner’s counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in subsection (a) of this section shall be given or sent by the prisoner to the Commissioner of Correction or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The Commissioner of Correction, the Commissioner’s delegated agent or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to subsection (a) of this section shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The Commissioner of Correction or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner’s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this subsection shall be accompanied by copies of the prisoner’s written notice, request and the certificate. If trial is not had on any indictment, information or complaint contemplated by this section prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to subsection (a) of this section shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of subsection (d) of this section, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the prisoner’s body in any court where the prisoner’s presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with this agreement. Nothing in this subsection shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to execution of the request for final disposition referred to in subsection (a) of this section shall void the request.

(g) Written notice shall not be deemed to have been caused to be delivered to the prosecuting officer and the appropriate court of this State in accordance with subsection (a) of this section until such notice or notification has actually been received by the appropriate court and by the appropriate prosecuting attorney of this State, the prosecuting attorney’s deputy, an assistant or any other person empowered to receive mail on behalf of said attorney.

11 Del. C. 1953, §  2542;  57 Del. Laws, c. 223, §  1;  63 Del. Laws, c. 32, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1973–2023 · leading case: Pittman v. State, 301 A.2d 509 (Del. 1973).
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Pittman v. State, 301 A.2d 509 (Del. 1973). · cites it 11× “The State may initiate the detainer proceeding and must then commence trial within 120 days of the prisoner's arrival in the requesting state's jurisdiction.”
Beebe v. Vaughn, 430 F. Supp. 1220 (D. Del. 1977). · cites it 2× “11 Del.C. § 2542. The statute is designed to give the inmate an opportunity to resolve the uncertainties which are created by outstanding charges and which obstruct prison treatment and rehabilitation programs.”
Beebe v. State, 346 A.2d 169 (Del. 1975). “11 Del. C. § 2542. I. Defendant was indicted on October 11, 1973 while he was incarcerated in Maryland.”
State v. Harris (Del. Super. Ct. 2017). · cites it 2× “95 Article 111 of the IAD is codified at 11 Del. C. § 2542; it provides that when a defendant requests disposition of outstanding charges upon which a detainer has been lodged, the receiving state has 180 days to bring him or her to trial.”
State v. Logan (Del. Super. Ct. 2020). · cites it 2× “The DOJ confirmed that it similarly has not received a formal request for disposition.”
State of Delaware v. Walter L. Minter (Del. Ct. Com. Pl. 2014). · cites it 3× “8 11 Del. C. § 2542. 9 State v. Davis, 1993 WL 138993 (Del.”
Shelley v. State (Del. 2017). “§ 2542(a), (g) (providing prisoner requesting final disposition must be tried within 180 days after prosecuting officer and court receive notice of request, not within 180 days of prisoner’s signature of request); Cane v. State, 560 A.2d 1063, 1066 (Del.”
State v. McNeal (Del. Super. Ct. 2018). “” 6 11 Del. C. § 2542(a), (g). 7 Defendant relies on United States v.”
Adkins v. Hughey (Del. Super. Ct. 2023). “2 11 Del. C. § 2542. Delaware cases. Pursuant to her plea agreement, this court sentenced her to two years suspended after serving six months at Level V, followed by Level III probation to run concurrent with any probation presently imposed.”
State of Delaware v. Slaughter. (Del. Super. Ct. 2015). “Slaughter claims he was unable, for various purported reasons, to fully present the decision and the 1 Farrow, 2005 WL 165992 , at *2 (noting that the House report on the pending legislative change cites Pittman as the reason for amending 11 Del. C. § 2542 to require actual…”
— 11 Del. C. § 2542(a) — 4 cases
Pittman v. State, 301 A.2d 509 (Del. 1973). “The State may initiate the detainer proceeding and must then commence trial within 120 days of the prisoner's arrival in the requesting state's jurisdiction.”
Shelley v. State (Del. 2017). “§ 2542(a), (g) (providing prisoner requesting final disposition must be tried within 180 days after prosecuting officer and court receive notice of request, not within 180 days of prisoner’s signature of request); Cane v. State, 560 A.2d 1063, 1066 (Del.”
State v. McNeal (Del. Super. Ct. 2018). “” 6 11 Del. C. § 2542(a), (g). 7 Defendant relies on United States v.”
State v. Logan (Del. Super. Ct. 2020). “The DOJ confirmed that it similarly has not received a formal request for disposition.”
— 11 Del. C. § 2542(b) — 2 cases
Beebe v. Vaughn, 430 F. Supp. 1220 (D. Del. 1977). “11 Del.C. § 2542. The statute is designed to give the inmate an opportunity to resolve the uncertainties which are created by outstanding charges and which obstruct prison treatment and rehabilitation programs.”
State of Delaware v. Walter L. Minter (Del. Ct. Com. Pl. 2014). “8 11 Del. C. § 2542. 9 State v. Davis, 1993 WL 138993 (Del.”
— 11 Del. C. § 2542(d) — 1 case
Pittman v. State, 301 A.2d 509 (Del. 1973). “The State may initiate the detainer proceeding and must then commence trial within 120 days of the prisoner's arrival in the requesting state's jurisdiction.”
— 11 Del. C. § 2542(g) — 2 cases
State v. Harris (Del. Super. Ct. 2017). “95 Article 111 of the IAD is codified at 11 Del. C. § 2542; it provides that when a defendant requests disposition of outstanding charges upon which a detainer has been lodged, the receiving state has 180 days to bring him or her to trial.”
State v. Logan (Del. Super. Ct. 2020). “The DOJ confirmed that it similarly has not received a formal request for disposition.”
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