Pablo Javier Aleman v. Maryland
HabeasCorpus JusticiabilityDoctri
1. Under the Interstate Agreement on Detainers ("IAD"), MD. CODE
ANN., CORR. SERVS. § 8-401 et seq., does the receiving state have the
authority to commit a person for treatment after the person pleads
guilty to a crime but is found to be not criminally responsible, or
does Article V of the IAD, MD. CODE ANN., CORR. SERVS. § 8-407,
which provides, in part, that "[t]he temporary custody referred to in
this Agreement shall be only for the purpose of permitting
prosecution on the charge," require the receiving state to return the
person to the sending state to complete his sentence?
2. Under the IAD, is a person who is found not criminally responsible
in the receiving state "adjudged to be mentally ill" within the
meaning of Article VI(b) of the IAD, MD. CODE ANN., CORR. SERVS.
§ 8-408(b), which provides that "[n]o provision of this Agreement,
and no remedy made available by this Agreement, shall apply to any
person who is adjudged to be mentally ill," such that the IAD does
not require that the person be returned to the sending state to
complete his sentence?
Under the Interstate Agreement on Detainers, does the receiving state have authority to commit a person for treatment after pleading guilty but found not criminally responsible, or must the person be returned to the sending state?