Interstate Agreement on Detainers (IAD) Forms Georgia: What You Need to Know

The Interstate Agreement on Detainers (IAD) is an agreement between states in the US that allows for the transfer of prisoners from one state to another for prosecution or sentencing. This agreement is important because it allows for the efficient transfer of prisoners between states, which can save time and resources for criminal justice agencies. In Georgia, the IAD is governed by specific forms that must be completed for a transfer to take place.

If you are involved in the criminal justice system in Georgia, it is important to understand how the IAD process works and what forms are required for a transfer to take place. Here is an overview of the IAD Forms in Georgia.

What is the IAD?

Before we dive into the forms, let`s review the IAD itself. The IAD is a compact between states that was created in 1970 by the Council of State Governments. The purpose of the IAD is to provide a standardized process for the transfer of prisoners from one state to another for trial or sentencing. The IAD also outlines the rights of the prisoner, including the right to a speedy trial and the right to be present during all court proceedings.

The IAD requires that the prisoner give consent to the transfer, and that the receiving state agrees to a speedy trial. The agreement also requires that the prisoner be returned to their original state once their trial or sentencing is complete.

What forms are required for an IAD transfer in Georgia?

In Georgia, there are several forms that must be completed for an IAD transfer to take place. These forms include:

1. The Request for Temporary Custody (RTC) form: This form is used to request that a prisoner be temporarily transferred from their current state to Georgia for trial or sentencing. The form is completed by the prosecuting attorney in Georgia and must be signed by the governor of the sending state.

2. The Detainer Form: This form is used to inform the prisoner that they are being held in custody in Georgia and why they are being held. The form must be completed by the prosecuting attorney in Georgia.

3. The Agreement to Deliver (ATD) form: This form is used to provide notice to the sending state that the prisoner has been transferred to Georgia and to provide information about the charges against the prisoner. The form is completed by the prosecuting attorney in Georgia.

4. The Agreement to Return (ATR) form: This form is used to provide notice to the sending state that the prisoner has completed their trial or sentencing in Georgia and is ready to be returned to their original state. The form is completed by the prosecuting attorney in Georgia.

Why are the IAD forms important?

The IAD forms are important because they provide a standardized process for the transfer of prisoners between states. By using these forms, criminal justice agencies can ensure that transfers are completed efficiently and that the rights of the prisoner are protected. The forms also provide a record of the transfer process, which can be helpful in the event of any legal disputes.

In conclusion, the IAD is an important agreement that allows for the transfer of prisoners between states for trial or sentencing. In Georgia, the process is governed by specific forms that must be completed for a transfer to take place. Understanding the IAD forms and their importance is essential if you are involved in the criminal justice system in Georgia.