Wisconsin Statutes
Wis. Stat. § 971.11 (2026)
Prompt disposition of intrastate detainers
✓ current as of July 2026
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971.11(1)(1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, or the date of release to extended supervision, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.
971.11(2)(2) If the crime charged is a felony, the district attorney shall either move to dismiss the pending case or arrange a date for preliminary examination as soon as convenient and notify the warden or superintendent of the prison thereof, unless such examination has already been held or has been waived. After the preliminary examination or upon waiver thereof, the district attorney shall file an information, unless it has already been filed, and mail a copy thereof to the warden or superintendent for service on the inmate. The district attorney shall bring the case on for trial within 120 days after receipt of the request subject to s. 971.10.
971.11(3)(3) If the crime charged is a misdemeanor, the district attorney shall either move to dismiss the charge or bring it on for trial within 90 days after receipt of the request.
971.11(4)(4) If the defendant desires to plead guilty or no contest to the complaint or to the information served upon him or her, the defendant shall notify the district attorney thereof. The district attorney shall thereupon arrange for the defendant’s arraignment as soon as possible and the court may receive the plea and pronounce judgment.
971.11(5)(5) If the defendant wishes to plead guilty to cases pending in more than one county, the several district attorneys involved may agree with the defendant and among themselves for all such pleas to be received in the appropriate court of one of such counties, and s. 971.09 shall govern the procedure thereon so far as applicable.
971.11(6)(6) The prisoner shall be delivered into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that custody during all proceedings under this section. The sheriff shall return the prisoner to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that if the department certifies a jail as being suitable to detain the prisoner, he or she may be detained there until the court disposes of the case. The prisoner’s existing sentence continues to run and he or she receives time credit under s. 302.11 while in custody.
971.11(7)(7) If the district attorney moves to dismiss any pending case or if it is not brought on for trial within the time specified in sub. (2) or (3) the case shall be dismissed unless the defendant has escaped or otherwise prevented the trial, in which case the request for disposition of the case shall be deemed withdrawn and of no further legal effect. Nothing in this section prevents a trial after the period specified in sub. (2) or (3) if a trial commenced within such period terminates in a mistrial or a new trial is granted.
971.11 AnnotationA request for prompt disposition under this section must comply with sub. (1) in order to impose on the state the obligation to bring the case to trial within 120 days. State v. Adams, 207 Wis. 2d 568, 558 N.W.2d 923 (Ct. App. 1996), 96-1680.
971.11 AnnotationWhether dismissal under sub. (7) is with or without prejudice is within the court’s discretion. State v. Davis, 2001 WI 136, 248 Wis. 2d 986, 637 N.W.2d 62, 00-0889.
971.11 AnnotationThe responsibility for complying with the sub. (2) 120-day time limit for bringing a case to trial cannot be imposed on the defendant. Once the district attorney receives the request under sub. (1), the responsibility for prompt disposition is placed on the district attorney. The trial court erred when it failed to dismiss the case when the 120-day time limit was not met. State v. Lewis, 2004 WI App 211, 277 Wis. 2d 446, 690 N.W.2d 668, 03-3191.
971.11 AnnotationViolations of the right to a speedy trial are waived by entry of a guilty plea. When a defendant chooses to accept a plea agreement rather than inconveniencing the district attorney by requiring the filing of a new complaint, the protections of this section are forfeited. State v. Asmus, 2010 WI App 48, 324 Wis. 2d 427, 782 N.W.2d 435, 08-2980.
971.11 AnnotationThe specific conclusion by the Davis, 2001 WI 136, and Adams, 207 Wis. 2d 568 (1996), courts was that the “subject to s. 971.10” language following the 120-day time period in sub. (2) refers to the court’s authority to grant a continuance for the reasons specified in s. 971.10 (3) (a). The defendant’s conclusion that the 120-day time period cannot be extended is fundamentally inconsistent with the Davis court’s conclusion that failure to bring a case to trial within 120 days triggers dismissal, which can be without prejudice and allow for refiling. State v. Butler, 2014 WI App 4, 352 Wis. 2d 484, 844 N.W.2d 392, 12-2243.
Notes of Decisions
Cited in 27
cases (12 in the last 5 years), 1996–2026 · leading case: State v. Davis, 2001 WI 136 (Wis. 2001).
State v. Davis, 2001 WI 136 (Wis. 2001). “The circuit court granted defendant Christopher Lee Davis's motion to dismiss the criminal case against him with prejudice because the State failed to bring the case on for trial within the *993 120-day time period set forth in Wis. Stat. § 971.11 (2) (1999-2000). 1 ¶ 2.”
State v. Adams, 558 N.W.2d 923 (Wis. Ct. App. 1996). “We agree with Adams and the State that the request under § 971.11, Stats., may be made before an information is filed.”
State v. Butler, 2014 WI App 4 (Wis. Ct. App. 2013). “The Intrastate Detainer Act, Wis. Stat. § 971.11 (2011-12), 1 requires that a case be brought on for trial within 120 days of an inmate's request for prompt disposition, "subject to" Wis.”
State v. Lewis, 2004 WI App 211 (Wis. Ct. App. 2004). “He argues that the trial court erred when it denied his motion to dismiss on grounds that the State failed to bring his case to trial *449 within 120 days as required under Wis. Stat. §971.11 (2). Lewis also appeals a postconviction order denying his request for resentencing,…”
State v. Asmus, 2010 WI App 48 (Wis. Ct. App. 2010). “She contends the trial court should have dismissed the complaints because the State did not bring her to trial within 120 days after her request pursuant to the Intrastate Detainer Act, Wis. Stat. § 971.11 (2007-08). 1 We conclude Asmus waived this issue by entry of her guilty…”
State v. Davis, 2001 WI App 63 (Wis. Ct. App. 2001). “Because we conclude that § 971.11 permits the circuit court to dismiss with prejudice, we affirm.”
State v. Edwards, 2003 WI 68 (Wis. 2003). “1 On November 14, 2000, Edwards signed a request for a prompt disposition of the charges against him under Wis. Stat. § 971.11 (2), which is entitled "Prompt disposition of intrastate detainers.”
State v. Miller, 2003 WI App 74 (Wis. Ct. App. 2003). “4 The parties and the court were confused in relying upon the Intrastate Detainer Act, Wis. Stat. § 971.11 , rather than the Interstate Agreement on Detainers, Wis.”
State v. Carter, 2007 WI App 255 (Wis. Ct. App. 2007). “22 was repealed by section 55 of that chapter, section 63 created Wis. Stat. § 971.11 , "prompt disposition of intrastate detainers"; that statute is still in effect.”
State v. Blackburn, 571 N.W.2d 695 (Wis. Ct. App. 1997). “In Adams, we construed § 971.11, STATS., which deals with the prompt disposition of intrastate detainers.”
State v. Joseph D. Posorske (Wis. Ct. App. 2023). “§ 971.11 (2021-22).1 On the prompt disposition request form, Posorske waived in writing his right to a preliminary hearing.”
State v. Stephan L. Burton (Wis. Ct. App. 2022). “§ 971.11(1). The IDA provides that if the crime charged is a misdemeanor, the district attorney has 90 days from the receipt of the defendant’s request to dismiss the charge or bring it to trial.”
— Wis. Stat. § 971.11(1) — 4 cases
State v. Adams, 558 N.W.2d 923 (Wis. Ct. App. 1996). “We agree with Adams and the State that the request under § 971.11, Stats., may be made before an information is filed.”
State v. Davis, 2001 WI 136 (Wis. 2001). “The circuit court granted defendant Christopher Lee Davis's motion to dismiss the criminal case against him with prejudice because the State failed to bring the case on for trial within the *993 120-day time period set forth in Wis. Stat. § 971.11 (2) (1999-2000). 1 ¶ 2.”
State v. Stephan L. Burton (Wis. Ct. App. 2022). “§ 971.11(1). The IDA provides that if the crime charged is a misdemeanor, the district attorney has 90 days from the receipt of the defendant’s request to dismiss the charge or bring it to trial.”
State v. Benjamin Alan Gunn (Wis. Ct. App. 2026).
— Wis. Stat. § 971.11(2) — 13 cases
State v. Davis, 2001 WI 136 (Wis. 2001). “The circuit court granted defendant Christopher Lee Davis's motion to dismiss the criminal case against him with prejudice because the State failed to bring the case on for trial within the *993 120-day time period set forth in Wis. Stat. § 971.11 (2) (1999-2000). 1 ¶ 2.”
State v. Adams, 558 N.W.2d 923 (Wis. Ct. App. 1996). “We agree with Adams and the State that the request under § 971.11, Stats., may be made before an information is filed.”
State v. Davis, 2001 WI App 63 (Wis. Ct. App. 2001). “Because we conclude that § 971.11 permits the circuit court to dismiss with prejudice, we affirm.”
State v. Butler, 2014 WI App 4 (Wis. Ct. App. 2013). “The Intrastate Detainer Act, Wis. Stat. § 971.11 (2011-12), 1 requires that a case be brought on for trial within 120 days of an inmate's request for prompt disposition, "subject to" Wis.”
State v. Lewis, 2004 WI App 211 (Wis. Ct. App. 2004). “He argues that the trial court erred when it denied his motion to dismiss on grounds that the State failed to bring his case to trial *449 within 120 days as required under Wis. Stat. §971.11 (2). Lewis also appeals a postconviction order denying his request for resentencing,…”
— Wis. Stat. § 971.11(3) — 1 case
State v. Stephan L. Burton (Wis. Ct. App. 2022). “§ 971.11(1). The IDA provides that if the crime charged is a misdemeanor, the district attorney has 90 days from the receipt of the defendant’s request to dismiss the charge or bring it to trial.”
— Wis. Stat. § 971.11(7) — 12 cases
State v. Davis, 2001 WI 136 (Wis. 2001). “The circuit court granted defendant Christopher Lee Davis's motion to dismiss the criminal case against him with prejudice because the State failed to bring the case on for trial within the *993 120-day time period set forth in Wis. Stat. § 971.11 (2) (1999-2000). 1 ¶ 2.”
State v. Lewis, 2004 WI App 211 (Wis. Ct. App. 2004). “He argues that the trial court erred when it denied his motion to dismiss on grounds that the State failed to bring his case to trial *449 within 120 days as required under Wis. Stat. §971.11 (2). Lewis also appeals a postconviction order denying his request for resentencing,…”
State v. Davis, 2001 WI App 63 (Wis. Ct. App. 2001). “Because we conclude that § 971.11 permits the circuit court to dismiss with prejudice, we affirm.”
State v. Edwards, 2003 WI 68 (Wis. 2003). “1 On November 14, 2000, Edwards signed a request for a prompt disposition of the charges against him under Wis. Stat. § 971.11 (2), which is entitled "Prompt disposition of intrastate detainers.”
State v. Butler, 2014 WI App 4 (Wis. Ct. App. 2013). “The Intrastate Detainer Act, Wis. Stat. § 971.11 (2011-12), 1 requires that a case be brought on for trial within 120 days of an inmate's request for prompt disposition, "subject to" Wis.”
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