Arizona

Criminal Procedure

Criminal Procedure

Rule 8.3 – Prisoners Right to a Speedy Trial

(a)Prisoner in Another State. Within 90 days after receiving a written request from a person charged with a crime who is incarcerated in another state, or within a reasonable time after otherwise learning of the person’s incarceration, the State must take action as required by law to obtain that person’s presence for trial. The defendant must be brought to trial no later than 90 days after having been delivered into the custody of the appropriate authority of the State of Arizona.
(b)Prisoner in Arizona.

(1)Request for Final Disposition. A defendant imprisoned in Arizona may request the final disposition of any untried indictment, information, or complaint pending in Arizona. The request must be in writing, addressed to the court in which the case is filed, and to the responsible prosecuting agency. The request must state the defendant’s place of imprisonment.
(2)Detainer. No later than 30 days after a detainer is filed against a defendant incarcerated in Arizona, the prosecuting agency that is prosecuting the charge that resulted in the detainer must inform the defendant about the detainer and about the defendant’s right to request its final disposition under (b)(1).
(3)Deadline for Acting on a Request. The defendant must be brought to trial on the charge no later than 90 days after sending a request for final disposition to the court and prosecutor.
(4)Escape from Custody. A defendant’s request for final disposition is void if the defendant later escapes from custody.

Ariz. R. Crim. P. 8.3

Added August 31, 2017, effective January 1, 2018.

TABLE OF JURISDICTIONS WHEREIN ACT HAS BEEN ADOPTED

Jurisdiction

Laws

Effective Date

Statutory Citation

Alabama

1978, No. 590

4-27-1978

Code 1975, §§ 15-9-80 to 15-9-88.

Arizona

17 A.R.S. Rules of Crim.Proc., rule 8.3(b).

Colorado

1969, p. 291

10-1-1969

West’s C.R.S.A. §§ 16-14-101 to 16-14-108.

Kansas

1970, c. 129

7-1-1970

K.S.A. 22-4301 to 22-4308.

Minnesota

1967, c. 294

5-4-1967

M.S.A. § 629.292.

Missouri

1959, H.B. 259

7-1-1971

V.A.M.S. §§ 217.450 to 217.485.

North Dakota

1971, c. 321

NDCC 29-33-01 to 29-33-08.

Utah

1980, c. 15

7-1-1980

U.C.A. 1953, §§ 77-29-1 to 77-29-4.

HISTORICAL AND STATUTORY NOTES

Former Rule 8.3, relating to right to speedy trial of persons in prison within or without the state, was abrogated effective January 1, 2018.