(1) Any person who is in the custody of the department of corrections pursuant to
section 16-11-301 or parts 8 and 9 of article 1.3 of title 18, C.R.S., may request final disposition
of any untried indictment, information, or criminal complaint pending against him
in this state. The request shall be in writing addressed to the court in which the indictment,
information, or criminal complaint is pending and to the prosecuting official charged
with the duty of prosecuting it and shall set forth the place of confinement.
(2) It is the duty of the superintendent of the institution where the prisoner is
confined to promptly inform each prisoner, in writing, of the source and nature of
any untried indictment, information, or criminal complaint against him of which the
superintendent has knowledge, and of the prisoner's right to make a request for final
(3) Failure of the superintendent of the institution where the prisoner is confined
to inform a prisoner, as required by subsection (2) of this section, within one year
after a detainer from this state has been filed with the institution where the prisoner
is confined shall entitle the prisoner to a dismissal with prejudice of the indictment,
information, or criminal complaint.
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