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  #1  
Old 03-14-2018, 07:57 AM
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Default Detainer in another state: Question on process

My guy had served time in prison here in Kentucky & then was taken to a half way house here local until his parole date next year or possibly sooner because of overcrowding. Now he was arrested on a an old charge from TN - they put a detainer on him. He was taken back to a different prison here in KY. We canít find out much info except that TN says they will take him into custody there when heís done here in KY with time served & that they may give him credit for some of the time he served here in KY but nobody knows anything for sure of course. Iím just wondering if any of you have experience with anything similar? Iím new to ALL of this. Iím so upset & crying because he thought & I thought this was possibly over in a year or even less. Now I have to break this news to him.
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Old 03-14-2018, 09:11 AM
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Depending on what the detainer is for, perhaps it can be taken care of now rather than waiting until Ky lets him go only for Tn to extradite him.

If its something he needs to appear in court for in Tn, a lawyer in Tn may be able to file a Motion for
habeas corpus.
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Old 03-14-2018, 10:30 AM
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Try to find out from TN exactly what the detainer is for. Once he knows that, he should have a better idea of how to proceed.
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Old 03-14-2018, 11:17 AM
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I donít know the exact charge but itís a drug charge , selling cocaine. I can find out the exact charge though. So who would we contact next? Heís not finding out anything on his end. I found out this much. Thanks so much guys.
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Old 03-14-2018, 12:12 PM
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Kentucky Code Section 440.450 Interstate agreement on detainers. Article lll (1)
(1) 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, he shall be brought to trial within one hundred eighty (180) days after he 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 his imprisonment and his 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 his 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.
Please be sure you read on more then just this one section of Article III, Article IV could come into play also. First information needs to be found on where these new detainer came from before you can even attempt to apply Section 440-450 of the Kentucky Code You can find the entire Kentucky Statues
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Old 03-14-2018, 12:15 PM
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Thanks so much for that. Iím trying to understand that but not sure I do. Does this mean we need to write a letter where he is charged at? Or he does rather.
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Old 03-14-2018, 12:23 PM
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Thanks so much for that. Iím trying to understand that but not sure I do. Does this mean we need to write a letter where he is charged at? Or he does rather.

Yes once he finds out which jurisdiction has the detainer he needs to write them. He also should notify the Warden of his facility of such matter also.
If not the Warden someone in Records who handles detainers. They may be able to get the ball rolling. I am sure they know where the detainer is from
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Old 03-14-2018, 12:34 PM
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Yes we know the county & city. I talked to them today at the circuit court clerk in Montgomery Co (Clarksville TN) They told me he had time that he didnít serve there & that he would be brought to TN to go to court & be held there. I asked her if he could write them there. She said he can but if wont help. Sorry to keep asking questions but do you think he should write them anyway? What info does he need to include?

at the prison they told me that they will not take him across state lines until heís served his time from the My charges.

Heís served time , done well, many certifications, classes, was at the halfway house working 7 days , learning skills & they just loved him at his place of work & at the halfway house.
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Old 03-14-2018, 12:49 PM
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Yes we know the county & city. I talked to them today at the circuit court clerk in Montgomery Co (Clarksville TN) They told me he had time that he didnít serve there & that he would be brought to TN to go to court & be held there. I asked her if he could write them there. She said he can but if wont help. Sorry to keep asking questions but do you think he should write them anyway? What info does he need to include?

at the prison they told me that they will not take him across state lines until heís served his time from the My charges.

Heís served time , done well, many certifications, classes, was at the halfway house working 7 days , learning skills & they just loved him at his place of work & at the halfway house.
I would write them with any information he may have about the incident include his full name , date of birth, date of incident if known. True Kentucky will not do anything until his time is served . This doesn't stop TN. from coming and getting him once all paper work is in order. After all the paper work is done on his end it is just a wait and see. Worse out come is he does all of his KY time and TN picks him up on his release date for their hold.
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Old 03-14-2018, 12:53 PM
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Thanks so much. This is such a help. When you say this doesnít stop TN from coming once paperwork is in order do you mean they could get him before heís done serving here in Ky? Meaning take him to TN.
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Old 03-14-2018, 01:36 PM
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It sounds like he's already been convicted and sentenced in the TN case so the IAD listed above will not work. An IAD is only for charges with no conviction.

Since he has time on the shelf in TN, he will have to go there to finish it. Once KY is ready to release him, they will contact the officials in TN and TN will have so many days to go get him. I really don't think there is anything to do about it at this point.
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Old 03-14-2018, 01:49 PM
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Finding out more information. This was a parole violation in TN because of his parole / probation in Kentucky. TN clerk Office said I should contact his PO. The PO filed this charge in 2016 because he wasnít following up with his PO. however he couldnít bc he was in prison in KY on new charges so Iím not sure how to proceed but i called around & found out that P.O. name / number & he is still a P.O. in Ky. Iíve contacted him but had to leave a voicemail. Iím gonna get the address too so Travis can write him, himself. I mean idk what we can do but how can he get in trouble for not meeting with his PO when he was in prison in KY? Itís a mess. The waiting is just hard. I told Travis this wonít be a fast process. He said well probably a month to get it settled. I didnít say much but I think it will be longer.


My main worry is they take him to TN from here which is far from me, and most of his family. If he isnít done serving in Ky Iím hearing they canít.
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Old 03-14-2018, 02:18 PM
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Finding out more information. This was a parole violation in TN because of his parole / probation in Kentucky. TN clerk Office said I should contact his PO. The PO filed this charge in 2016 because he wasnít following up with his PO. however he couldnít bc he was in prison in KY on new charges so Iím not sure how to proceed but i called around & found out that P.O. name / number & he is still a P.O. in Ky. Iíve contacted him but had to leave a voicemail. Iím gonna get the address too so Travis can write him, himself. I mean idk what we can do but how can he get in trouble for not meeting with his PO when he was in prison in KY? Itís a mess. The waiting is just hard. I told Travis this wonít be a fast process. He said well probably a month to get it settled. I didnít say much but I think it will be longer.


My main worry is they take him to TN from here which is far from me, and most of his family. If he isnít done serving in Ky Iím hearing they canít.
The moment he knew he was not going to be able to meet his parole obligation in TN, he had the responsibility of notifying and connecting with his PO in TN. It is not KY's obligation to take care of his business. It is not his KY PO or warden or halfway house supervisor to check to see if he's supposed to be reporting anywhere in the world, or even inquiring about his reporting obligations with TN. the responsibility totally lies with him. he can't ignore it and hope it goes away. This is what happens when he does.

What he needs to do is deal with his TN supervision, knowing that he can be hit with the whole outstanding time because he failed to contact his TN PO and meet his obligations down there.

KY will take its full bite out of him. He needs to use that time wisely. If he wants to try to minimize the impact of his failure to meet his obligations in TN, he needs to hire a TN attorney to attempt to get down there as quickly as possible or otherwise deal with the outstanding obligations he had down there, including but not limited to the amount of time he faces for failing to meet his supervision obligations.
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Old 03-14-2018, 05:54 PM
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The moment he knew he was not going to be able to meet his parole obligation in TN, he had the responsibility of notifying and connecting with his PO in TN. It is not KY's obligation to take care of his business. It is not his KY PO or warden or halfway house supervisor to check to see if he's supposed to be reporting anywhere in the world, or even inquiring about his reporting obligations with TN. the responsibility totally lies with him. he can't ignore it and hope it goes away. This is what happens when he does.



What he needs to do is deal with his TN supervision, knowing that he can be hit with the whole outstanding time because he failed to contact his TN PO and meet his obligations down there.



KY will take its full bite out of him. He needs to use that time wisely. If he wants to try to minimize the impact of his failure to meet his obligations in TN, he needs to hire a TN attorney to attempt to get down there as quickly as possible or otherwise deal with the outstanding obligations he had down there, including but not limited to the amount of time he faces for failing to meet his supervision obligations.


Thanks. Yes he knows it was his responsibility. He said he wrote to the PO which is actually in KY & he no longer worked there. Which is true because when I got his info today heís still a P.O. in KY but not that County. Basically he was charged in TN of drugs, cocaine over a gram. That was violation of probation from KY. Tn released him to Ky to serve his time here. He got out & thatís when he was reporting to his PO. He got arrested again , new charges in KY. Went to prison. At some point during this time he wrote his PO & got a letter back saying heís no longer there. Idk. However a PO in KY - put a detainer out for him & it got overlooked since 2016 some way but caught up to him now. If he had known it wasnít resolved he says he would have written again or did whatever he needed to do. So he had charges in TN & they read like this

Convicted of schedule 2 over 2 gram cocaine drugs probation violation


I donít know if his family has the money to hire a lawyer or not. I definitely donít unless theyíd take payments. This totally sucks. I donít know if he dropped the ball or not because he was totally different back then but after talking to him today it was him asking his counselor at the half way house if he had any probation stuff or any other charges he needed to take care of. The guy looked into it & this happened. So if he was avoiding it he wouldnít have even asked. He thought it was all taken care of because he said he wrote the county he was arrested by & the PO he had at the time.

Thanks for your advice!
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Old 03-14-2018, 06:14 PM
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I'm sorry all this dropped at once, but a violation of probation rarely goes away. His arrest in another state automatically violated him, and retake warrants are always listed on RAPS in the section for interstate. The states communicate. The wanting state usually picks them up on on the warrant on release day.
I know it feels like a hit to his life, but the probation documents he signed to be released are enforceable contracts.
Although he contacted his po, and the PO was no longer there,it really wouldn't have made a difference because it was no run of the mill "police contact", it was a new bid in another state.
Now, stop looking back. Plan on what to do for the next step. If he goes to other state to complete other sentence, you need to know what kind of time he's !looking at, where he will live if he gets supervised release. Who knows if he can get interstate at thus point.
Face it head on and strong.
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Old 03-14-2018, 06:25 PM
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I'm sorry all this dropped at once, but a violation of probation rarely goes away. His arrest in another state automatically violated him, and retake warrants are always listed on RAPS in the section for interstate. The states communicate. The wanting state usually picks them up on on the warrant on release day.
I know it feels like a hit to his life, but the probation documents he signed to be released are enforceable contracts.
Although he contacted his po, and the PO was no longer there,it really wouldn't have made a difference because it was no run of the mill "police contact", it was a new bid in another state.
Now, stop looking back. Plan on what to do for the next step. If he goes to other state to complete other sentence, you need to know what kind of time he's !looking at, where he will live if he gets supervised release. Who knows if he can get interstate at thus point.
Face it head on and strong.


Thank you..you are right - looking forward is best at this point. I found out when he called that his family is working on a lawyer to go to TN so thatís very good news. If he has to go to TN to serve time after KY..he does have a sister living in KY. I e never dealt with this stuff. A couple of questions I have are

1.If he serves in TN after Ky & gets paroled will he have to live in TN? How long usually?

2. Is it common for states to use time served in another state? The counselor from the prison heís at now has his hopes up that he may get that or at least some.

Thanks so much!!
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Old 03-14-2018, 10:55 PM
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It sounds like he was on probation/parole in TN, got arrested in KY and that violated his supervision. If so, he will have a violation hearing before the parole board. It doesn't sound like that has happened yet. The violation hearing will determine what time he has to serve. It is unlikely any of his Kentucky time will count but he needs to present all he has accomplished and maybe get a letter from his employer while he was in the halfway house to show he's changing his life. The TN attorney should be able to answer all these questions. If he is reinstated he can apply for Interstate Compact transfer under the Interstate Agreement on Adult Supervision. Here's the link for info on interstate compact: https://pwp.interstatecompact.org/

Last edited by AR PCS; 03-14-2018 at 10:57 PM.. Reason: Update
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Old 03-15-2018, 05:51 AM
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It sounds like he was on probation/parole in TN, got arrested in KY and that violated his supervision. If so, he will have a violation hearing before the parole board. It doesn't sound like that has happened yet. The violation hearing will determine what time he has to serve. It is unlikely any of his Kentucky time will count but he needs to present all he has accomplished and maybe get a letter from his employer while he was in the halfway house to show he's changing his life. The TN attorney should be able to answer all these questions. If he is reinstated he can apply for Interstate Compact transfer under the Interstate Agreement on Adult Supervision. Here's the link for info on interstate compact: https://pwp.interstatecompact.org/


Iím gonna look at that link but what is interstate compact? Does that mean he could serve the time in Ky?
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Old 03-15-2018, 07:01 AM
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If someone is on parole/probation in one State, and wants to move to a different one, they need permission from ICAOS. The repercussions from his current troubles will have little to do with that, except possibly to revoke it, (make him move his ongoing supervision back to KY when he is released again) and/or make it more difficult to move again in the future.

Credit for time served in TN after the detainer was filed will be up to the judge who sentences him in KY. Unless TN transfers their inmates elsewhere, he will serve his entire sentence in TN, after which KY will be notified to come pick him up on their detainer.
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Old 03-15-2018, 09:26 AM
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If someone is on parole/probation in one State, and wants to move to a different one, they need permission from ICAOS. The repercussions from his current troubles will have little to do with that, except possibly to revoke it, (make him move his ongoing supervision back to KY when he is released again) and/or make it more difficult to move again in the future.

Credit for time served in TN after the detainer was filed will be up to the judge who sentences him in KY. Unless TN transfers their inmates elsewhere, he will serve his entire sentence in TN, after which KY will be notified to come pick him up on their detainer.


He was on probation in KY. He violated that probation in TN. Thatís what TN has the detainer on him for. Heís in prison in Ky now. Do you think there is any chance he could serve all of it KY? Or no?

When you say sentence him in Ky..heís already serving his sentence here & up for parole in 3/2019. Are you thinking he will go back to court in Ky?

Thanks for your help. I know Iím so confused on it all.
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Old 03-15-2018, 10:26 AM
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Okay we need some clarity. Tell me where I'm getting this wrong:

He caught a charge in KY, wound up on parole in KY.

He went to TN, caught a charge there (dealing?).

kY violated him probably both for being in TN and for the new charge.

While awaiting process of his new criminal charges, KY came and picked him up and popped him in prison.

Now, TN wants him for the second charges, the ones he got in TN that violated his KY probation/parole.

Is this the right order of what's been going on? We're his charges in TN actually adjudicated by a TN court? If so, what was his sentence?
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Old 03-15-2018, 04:48 PM
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Okay we need some clarity. Tell me where I'm getting this wrong:

He caught a charge in KY, wound up on parole in KY.

He went to TN, caught a charge there (dealing?).

kY violated him probably both for being in TN and for the new charge.

While awaiting process of his new criminal charges, KY came and picked him up and popped him in prison.

Now, TN wants him for the second charges, the ones he got in TN that violated his KY probation/parole.

Is this the right order of what's been going on? We're his charges in TN actually adjudicated by a TN court? If so, what was his sentence?


You have it exactly in that order to my understanding. When I talked to TN clerks office she read this off.

ďConvicted of schedule 2 over 2 gram cocaine drugs probation violation

8 years probation transfer to KYĒ
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Old 03-16-2018, 12:33 AM
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His KY time has nothing to do with his TN probation, the KY time is for the KY conviction. He is going back to TN for the probation revocation, a the revocation hearing he will get found in violation (based on the new conviction in KY). It is then up to the TN court to what sentence he get for violating TN probation.

From what the TN clerk said it sounds like the TN charge was first, got probation. TN transferred supervision to KY. Got arrested in KY and went to KY prison, went to halfway house and the TN probation violation warrant showed up, in KY prison now finishing KY sentence, then to TN for probation violation.
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Old 03-16-2018, 10:06 PM
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His mom told him today that their lawyer is getting him a court date in TN next week , if not then the next week. Iím praying for good news. It will good to just have some news. To know what we are dealing with. Thanks so much for everyoneís feedback. It has helped a lot! Iím sure I will be back for more legal questions soon.
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