What is what does it mean when an inmate has a detainer?

An inmate having a detainer means that they are being held in custody beyond their scheduled release date because another jurisdiction has a legal claim against them. This claim could be for a variety of reasons, such as pending criminal charges, outstanding warrants, or immigration violations.

Here's a breakdown of what that entails:

• What it is: A detainer (also sometimes referred to as a "hold") is a formal request from one law enforcement agency (or immigration authority) to another, asking that the agency holding an individual notify the requesting agency prior to the individual's release. The holding agency is also often requested to continue holding the individual for a specified period, to allow the requesting agency time to take custody.

• Reasons for Detainers: The reasons for a detainer can be various, including:

  • Outstanding arrest warrants from another jurisdiction.
  • Pending criminal charges in another jurisdiction.
  • Parole or probation violations in another jurisdiction.
  • <a href="https://www.wikiwhat.page/kavramlar/Immigration%20detainers">Immigration detainers</a> from Immigration and Customs Enforcement (ICE), indicating that the individual may be subject to deportation.

• Impact on the Inmate: A detainer can significantly impact an inmate's release date and freedom. Even after serving their time for the original offense, they will not be released. Instead, they will likely be transferred to the custody of the agency that placed the detainer.

• Legal Considerations: Detainers are subject to certain legal requirements. For example, due process considerations come into play. Inmates have the right to be informed of the detainer lodged against them and, in some instances, may have legal avenues to challenge the detainer, especially if it is based on an unlawful arrest warrant or other legal defect. Also it is important to consider the <a href="https://www.wikiwhat.page/kavramlar/Interstate%20Agreement%20on%20Detainers">Interstate Agreement on Detainers</a>.

• Process: Typically, when a detainer is received, the correctional facility will notify the inmate. Upon the inmate's scheduled release date, instead of being released, they will be held for the agency that issued the detainer. That agency then has a certain amount of time to take custody of the inmate.

In short, a detainer signals potential further legal proceedings or custody in another jurisdiction upon release from the current incarceration.