(1) Whenever
a person has entered upon a term of imprisonment in a penal or
correctional institution of this state, and whenever during the
continuance of the term of imprisonment there is pending in this
state any untried indictment, information, or complaint against
the prisoner, he or she shall be brought to trial within one
hundred twenty days after he or she shall have caused to be
delivered to the prosecuting attorney and the superior court of
the county in which the indictment, information, or complaint is
pending written notice of the place of his or her imprisonment
and his or her request for a final disposition to be made of the
indictment, information, or complaint: PROVIDED, That for good
cause shown in open court, the prisoner or his or her counsel
shall have the right to be present, the court having jurisdiction
of the matter may grant any necessary or reasonable continuance.
The request of the prisoner shall be accompanied by a certificate
of the superintendent having custody of the prisoner, stating the
term of commitment under which the prisoner is being held, the
time already served, the time remaining to be served on the
sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the
indeterminate sentence review board relating to the prisoner.
(2) The written notice and request for final disposition
referred to in subsection (1) of this section shall be given or
sent by the prisoner to the superintendent having custody of him
or her, who shall promptly forward it together with the
certificate to the appropriate prosecuting attorney and superior
court by certified mail, return receipt requested.
(3) The superintendent having custody of the prisoner shall
promptly inform him or her in writing of the source and contents
of any untried indictment, information, or complaint against him
or her concerning which the superintendent has knowledge and of
his or her right to make a request for final disposition thereof.
(4) Escape from custody by the prisoner subsequent to his or
her execution of the request for final disposition referred to in
subsection (1) of this section shall void the request.
[2011 c 336 § 345; 1999 c 143 § 33; 1959 c 56 § 1.]