Wis. Stat. » CHAPTER 976 — UNIFORM ACTS IN CRIMINAL PROCEEDINGS
Wisconsin Statutes

Wis. Stat. § 976.06 (2026)

Agreement on detainers; additional procedure

✓ current as of July 2026
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976.06976.06 Agreement on detainers; additional procedure. Following receipt of the officer’s written request as provided in s. 976.05 (4) (a), the prisoner shall forthwith be taken before a judge of a court of record of this state, who shall inform the prisoner of the request for temporary custody or availability, the crime with which charged and that the prisoner has the right to petition the governor to deny the request, to contest the request and to demand and procure legal counsel. If the prisoner or the prisoner’s counsel shall state that the prisoner or the prisoner and counsel desire to test the legality of granting temporary custody or availability, the judge shall set a date for hearing which shall be not later than the expiration of the 30-day period established by s. 976.05 (4) (a). If a hearing is set, notice of the hearing shall be given to the appropriate officer of the state requesting temporary custody or availability and to the authorities having custody of the prisoner in this state. The scope of any hearing or ruling under this section shall be confined to the request for temporary custody or availability, and to the identification of the person sought by the requesting state, but shall not encompass the guilt or innocence of the prisoner as to the crime charged by the requesting state.
976.06 HistoryHistory: 1975 c. 158, 199; 1981 c. 390.
976.06 NoteNOTE: See drafting file in Legislative Reference Bureau for Legislative Council Note to original bill. [Bill 263-A]
976.06 AnnotationThe state’s failure to hold a hearing within the 30-day period required discharge of the prisoner from a detainer. State v. Sykes, 91 Wis. 2d 436, 283 N.W.2d 446 (Ct. App. 1979).
976.06 AnnotationFailure to meet the 30-day time limit requires the commencement of a new proceeding in order to obtain temporary custody over the subject of the petition. State ex rel. Kerr v. McCaughtry, 183 Wis. 2d 54, 515 N.W.2d 276 (Ct. App. 1994).
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1977–2024 · leading case: State v. Sykes, 283 N.W.2d 446 (Wis. Ct. App. 1979).
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State v. Sykes, 283 N.W.2d 446 (Wis. Ct. App. 1979). · cites it 7× “The issue is whether the state’s failure to promptly bring Sykes before the court to permit compliance with the thirty-day hearing requirement of sec. 976.06, Stats., 1 required the discharge.”
In the Matter of James Michael Zarzynski & Kathryn Kleist Zarzynski, Debtors-Appellants, 771 F.2d 304 (7th Cir. 1985). “…the preliminary hearing and the trial. (e) Attorneys fees payable to the defense attorney by the county or the state. Wis.Stat.Ann. § 976.06(1) (West 1985).”
In Matter of Custody of Aiello, 479 N.W.2d 178 (Wis. Ct. App. 1991). · cites it 10× “At a detainer rights hearing held pursuant to sec. 976.06, Stats., [3] Aiello objected to the legality of the request.”
Aiello v. State, 479 N.W.2d 178 (Wis. Ct. App. 1991). · cites it 10× “At a detainer rights hearing held pursuant to sec. 976.06, Stats., 3 Aiello objected to the legality of the request.”
State Ex Rel. Jackson v. Froelich, 253 N.W.2d 69 (Wis. 1977). “7 There the Uniform Detainer Act, as adopted in sec. 976.06, Stats., was challenged on constitutional grounds.”
State Ex Rel. Kerr v. McCaughtry, 515 N.W.2d 276 (Wis. Ct. App. 1994). · cites it 8× “1979), Kerr next argues that a prisoner, having once been made the subject of a detainer and then of a request for temporary custody, should not suffer the continuing effects of a detainer if he or she requests a § 976.”
Schaffer v. Louisiana State Bd. of Dentistry, 515 F.3d 424 (5th Cir. 2008). “2 (citing Wis. Stat Ann. § 976.06(1) (West 1985)). .”
Stallings v. Gierach (E.D. Wis. 2024). · cites it 3× “Several months later, Petitioner petitioned the circuit court for a writ of habeas corpus under Wis. Stat. § 976.06 “seeking plea withdrawal on the basis of ineffective assistance of counsel.”
Schaffer v. Louisiana State Bd. of Dentistry (In Re Schaffer), 515 F.3d 424 (5th Cir. 2008). “2 (citing Wis. Stat. Ann. § 976.06 (1) (West 1985)).”
Farrell v. Richardson (E.D. Wis. 2020). “In this case, the Wisconsin Court of Appeals held that Farrell’s § 976.06 postconviction motion was procedurally barred by the rule set out in State v.”
— Wis. Stat. § 976.06(1) — 2 cases
In the Matter of James Michael Zarzynski & Kathryn Kleist Zarzynski, Debtors-Appellants, 771 F.2d 304 (7th Cir. 1985). “…the preliminary hearing and the trial. (e) Attorneys fees payable to the defense attorney by the county or the state. Wis.Stat.Ann. § 976.06(1) (West 1985).”
Schaffer v. Louisiana State Bd. of Dentistry, 515 F.3d 424 (5th Cir. 2008). “2 (citing Wis. Stat Ann. § 976.06(1) (West 1985)). .”
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