135 So. 3d 420
Fla. Dist. Ct. App.2014Background
- Wray Dawes was serving a 12-month sentence in the Plymouth County (Massachusetts) county jail when Florida lodged a detainer for felony charges in Orange County, FL.
- Dawes submitted an IADA inmate request seeking final disposition, waiver of extradition, and speedy trial; jail staff informed him Florida would not extradite until his sentence completed.
- Dawes was returned to Florida and the detainer executed on October 15, 2011. He moved to dismiss for violation of the IADA 180-day rule.
- The trial court denied dismissal, relying on State v. Fay and reasoning that the IADA does not apply to inmates serving sentences in county jails. Dawes reserved the right to appeal the detainer issue when pleading.
- The appellate court considered whether a sentence served in a county jail qualifies as "a term of imprisonment in a penal or correctional institution of a party state" under Article III of the IADA and whether the 180-day clock was triggered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether serving a sentence in a county jail is a "term of imprisonment in a penal or correctional institution of a party state" under Article III of the IADA, thus triggering the 180-day requirement | Dawes: his sentenced confinement in a county jail is a term of imprisonment and should trigger IADA protections | State: IADA applies only to state penal/correctional institutions (under Dept. of Corrections control), not locally controlled county jails | Court held county jails are not "penal or correctional institutions of a party state" for IADA purposes; IADA did not apply to Dawes |
Key Cases Cited
- State v. Fay, 763 So.2d 473 (Fla. 4th DCA 2000) (IADA did not apply where defendant was temporarily housed in county jail awaiting transfer to state prison)
- Fex v. Michigan, 507 U.S. 43 (U.S. 1993) (180-day period begins when prisoner’s request is actually delivered to the court and prosecuting officer)
- United States v. Dobson, 585 F.2d 55 (3d Cir. 1978) (definition of "term of imprisonment" and distinction from pretrial detention)
- People v. Walton, 167 P.3d 163 (Colo. App. 2007) (county jails may qualify as penal or correctional institutions under IADA)
- State v. Wade, 772 P.2d 1291 (Nev. 1989) (county jail held not to be a penal/correctional institution for IADA purposes)
- United States v. Wilson, 719 F.2d 1491 (10th Cir. 1983) (IADA enacted to prevent interruption of rehabilitation/treatment programs)