Pablo Javier Aleman v. Maryland
HabeasCorpus JusticiabilityDoctri
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?
QUESTIONS PRESENTED 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? i STATEMENT OF