Me. Rev. Stat. » Title 34-A
Maine Revised Statutes

Me. Rev. Stat. tit. 34-A, § 9604 (2026)

Temporary custody--Article IV

✓ current as of May 2026
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1.  Request.  The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V, subsection 1, upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated, provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request, and provided further that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.  
[PL 1983, c. 459, §6 (NEW).]
2.  Certificate.  Upon receipt of the officer's written request as provided in subsection 1, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate 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 total of deductions received and retained, the time of parole eligibility of the prisoner and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.  
[PL 2019, c. 113, Pt. C, §105 (AMD).]
3.  Time of trial.  In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but, for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.  
[PL 1983, c. 459, §6 (NEW).]
4.  Legality of delivery.  Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in subsection 1, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.  
[PL 1983, c. 459, §6 (NEW).]
5.  Order dismissing.  If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V, subsection 5, 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.  
[PL 1983, c. 459, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 2019, c. 113, Pt. C, §105 (AMD).
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Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1988–2022 · leading case: State of Maine v. Carine Reeves, 2022 ME 10 (Me. 2022).
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State of Maine v. Carine Reeves, 2022 ME 10 (Me. 2022). · cites it 5× “See 34-A M.R.S. § 9604(1) (2021). The State took temporary custody of Reeves on January 22, 2020, which started the Compact’s 120-day deadline to bring Reeves to trial.”
State v. Cookson, 657 A.2d 1154 (Me. 1995). · cites it 5× “1 He contends, inter alia, that (1) the trial court erred in denying his motion to dismiss the indictment with prejudice for the State’s failure to bring him to trial within the time limit as prescribed by the Interstate Compact on Detainers (ICD), 34-A M.R.S.A. § 9604 (1988); 2…”
State v. Beauchene, 541 A.2d 914 (Me. 1988). “On October 17,1986, Maine requested temporary custody of Beauchene pursuant to article IV of the Interstate Compact on Detainers, 34-A M.R.S.A. § 9604 (1988), and Beauchene was returned to Maine from New York on March 18,1987.”
State v. Caulk, 543 A.2d 1366 (Me. 1988). “34-A M.R.S.A. § 9604(l)-(3). Failure to comply with the appropriate time limitations under either Article III or Article IV requires dismissal of the indictment, information or complaint with prejudice.”
State v. Bellino, 557 A.2d 963 (Me. 1989). “On September 23, 1988, Bellino entered a conditional guilty plea, preserving his right to challenge on appeal the denial of his motion to dismiss.”
State of Maine v. Christopher Shepard, 2022 ME 11 (Me. 2022). · cites it 2× “See 34-A M.R.S. § 9604(3) (2021); see also State v.”
State of Maine v. Reeves (Me. Super. Ct 2020). · cites it 4× “) ORDER ON MOTION ) TO DISMISS PURSAUNT ) TO 34-A MRSA § 9604 ) ) ) CARINE REEVES ) Defendant ) Before the court is Defendant Carine Reeves motion to dismiss pursuant to 34-A M.”
State v. Hunnewell, 593 A.2d 216 (Me. 1991). · cites it 2× “Hunnewell’s separate challenge to the post-arraignment delay is based on a claimed violation of the time limits contained in the Compact, 34-A M.R.S.A. §§ 9604 & 9605. Hunnewell’s argument misconstrues the nature of his custody by the State of Maine.”
— Me. Rev. Stat. tit. 34-A, § 9604(1) — 1 case
State of Maine v. Carine Reeves, 2022 ME 10 (Me. 2022). “See 34-A M.R.S. § 9604(1) (2021). The State took temporary custody of Reeves on January 22, 2020, which started the Compact’s 120-day deadline to bring Reeves to trial.”
— Me. Rev. Stat. tit. 34-A, § 9604(3) — 5 cases
State of Maine v. Carine Reeves, 2022 ME 10 (Me. 2022). “See 34-A M.R.S. § 9604(1) (2021). The State took temporary custody of Reeves on January 22, 2020, which started the Compact’s 120-day deadline to bring Reeves to trial.”
State v. Cookson, 657 A.2d 1154 (Me. 1995). “1 He contends, inter alia, that (1) the trial court erred in denying his motion to dismiss the indictment with prejudice for the State’s failure to bring him to trial within the time limit as prescribed by the Interstate Compact on Detainers (ICD), 34-A M.R.S.A. § 9604 (1988); 2…”
State v. Bellino, 557 A.2d 963 (Me. 1989). “On September 23, 1988, Bellino entered a conditional guilty plea, preserving his right to challenge on appeal the denial of his motion to dismiss.”
State of Maine v. Christopher Shepard, 2022 ME 11 (Me. 2022). “See 34-A M.R.S. § 9604(3) (2021); see also State v.”
State of Maine v. Reeves (Me. Super. Ct 2020). “) ORDER ON MOTION ) TO DISMISS PURSAUNT ) TO 34-A MRSA § 9604 ) ) ) CARINE REEVES ) Defendant ) Before the court is Defendant Carine Reeves motion to dismiss pursuant to 34-A M.”
— Me. Rev. Stat. tit. 34-A, § 9604(5) — 1 case
State v. Hunnewell, 593 A.2d 216 (Me. 1991). “Hunnewell’s separate challenge to the post-arraignment delay is based on a claimed violation of the time limits contained in the Compact, 34-A M.R.S.A. §§ 9604 & 9605. Hunnewell’s argument misconstrues the nature of his custody by the State of Maine.”
— Me. Rev. Stat. tit. 34-A, § 9604(l) — 1 case
State v. Caulk, 543 A.2d 1366 (Me. 1988). “34-A M.R.S.A. § 9604(l)-(3). Failure to comply with the appropriate time limitations under either Article III or Article IV requires dismissal of the indictment, information or complaint with prejudice.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.