The prosecutor in a city or county in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner, against whom he or she has lodged a detainer and who is serving a term of imprisonment in any facility operated by the Department of Correctional Services, made available upon presentation of a written request for temporary custody or availability to the director. The court having jurisdiction of such indictment, information, or complaint shall duly approve, record, and transmit the prosecutor's request. Upon receipt of the prosecutor's written request the director shall:
(1) Furnish the prosecutor 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 good time earned, the time of the prisoner's parole eligibility, and any decision of the Board of Parole relating to the prisoner; and
(2) Offer to deliver temporary custody of the prisoner to the appropriate authority in the city or county where the untried indictment, information, or complaint is pending in order that speedy and efficient prosecution may be had.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1990–2023 · leading case:
Bradley v. Hopkins, 522 N.W.2d 394 (Neb. 1994).
Bradley v. Hopkins, 522 N.W.2d 394 (Neb. 1994).
· cites it 10× “See § 29-3804. If a prosecutor has lodged a detainer against an inmate, that prosecutor is entitled to have the inmate made available upon presenting the director with a written request for temporary custody or availability, made through the court having jurisdiction of the…”
State v. Tucker, 609 N.W.2d 306 (Neb. 2000).
· cites it 5× “Section 29-3804 provides that a prosecutor who has lodged a detainer against an instate prisoner may request that he or she be made available for trial, in which case the director is required to issue a certificate advising the prosecutor of the prisoner’s status within the…”
State v. Yzeta, 983 N.W.2d 124 (Neb. 2023).
· cites it 4× “5 § 29-3804 (“prisoner . . . who is serving a term of imprisonment in any facility operated by [DCS]”).”
State v. Ebert, 455 N.W.2d 165 (Neb. 1990).
· cites it 7× “Section 29-3802 provides that the Director of Correctional Services (Director) must promptly inform, in writing, each prisoner in the custody of the Department of Correctional Services (Department) of any untried indictment, information, or complaint against him or her in this…”
State v. LeFever, 970 N.W.2d 792 (Neb. Ct. App. 2022).
· cites it 21× “Under Neb. Rev. Stat. § 29-3804 (Reissue 2016), a prosecutor may request that a prisoner against whom a detainer has been lodged be made available for trial.”
State v. Steele, 624 N.W.2d 1 (Neb. 2001).
“The director is obligated to issue that certificate upon request by the prisoner under § 29-3803, or upon request by the prosecutor under § 29-3804 if the prosecutor has lodged a detainer against the prisoner.”
State v. Chamberlain (Neb. Ct. App. 2014).
· cites it 3× “” The court concluded that the 180-day period for disposition of untried charges pursuant to § 29-3804 began to run on October 10, 2013, but “was tolled upon [Chamberlain’s] filing of the motion for discharge on November 13, 2013,” leaving “146 days remaining to bring…”
— Neb. Rev. Stat. § 29-3804(2) — 1 case
State v. Tucker, 609 N.W.2d 306 (Neb. 2000).
“Section 29-3804 provides that a prosecutor who has lodged a detainer against an instate prisoner may request that he or she be made available for trial, in which case the director is required to issue a certificate advising the prosecutor of the prisoner’s status within the…”
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.