The interstate corrections compact is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: 1. Article I — Purpose and policy. The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that itis the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources. 2. Article II — Definitions. As used in this compact, unless the context clearly requires otherwise: a. “State” means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the commonwealth of Puerto Rico. b. “Sending state” means a state party to this compact in which conviction or court commitment was had. c. “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had. d. “Inmate” means an offender who iscommitted, under sentence to or confined in a penal or correctional institution. e. “Institution” means any penal or correctional facility, including but not limited to a facilityfor the mentally illor mentally defective, in which inmates may lawfully be confined. 3. Article III — Contracts. a. Each party state may make one or more contracts with any one or more of the other party states for the confinementof inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: (1) Its duration. (2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance. (3) Participation in programs of inmate work, if any; the disposition or crediting of payments received by inmates on account of the work; and the crediting of proceeds from or disposal of products resulting from the work. (4) Delivery and retaking of inmates. (5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. b. The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. 4. Article IV — Procedures and rights. a. Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to article III,shall decide that confinement in, or transfer of an inmate to,an institution within the territory of another party state isnecessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. b. The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which ithas a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of itsinmates as may be confined in the institution. c. Inmates confined in an institutionpursuant to the terms of this compact shall atalltimes be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution inwhichthe sendingstate may have a contractual orother rightto confineinmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of article III. d. Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of the inmate’s record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. e. All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had ifconfined in an appropriate institution of the sending state. f. Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state ifauthorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of thehearing officialsshall be transmitted forthwith to theofficial or officialsbefore whom the hearing would have been had ifithad taken place inthe sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. g. Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to itsterritory. h. Any inmate confined pursuant to the terms of this compact shall have any and allrights toparticipate inand derive any benefitsor incur or be relieved of any obligations or have such obligations modified or the inmate’s status changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state. i. The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in their exercise of any power in respect of any inmate confined pursuant to the terms of this compact. 5. Article V — Acts not reviewable in receiving state — extradition. a. Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but ifat the time the sending state seeks to remove an inmate from an institution in the receiving state there ispending against the inmate within such state any criminal charge or ifthe inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and allstates party to this compact without interference. b. An inmate who escapes from an institution in which the inmate is confined pursuant tothis compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. 6. Article VI — Federal aid. Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which isor may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate officialof the sending state shall be required therefor. 7. Article VII — Entry into force. This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state. 8. Article VIII — Withdrawal and termination. This compact shall continue in force and remain binding upon a party state until itshall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of allother party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from itsobligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as itmay have confined pursuant to the provisions of this compact. 9. Article IX — Other arrangements unaffected. Nothing contained in thiscompact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have witha nonparty state for theconfinement, rehabilitationor treatment ofinmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. 10. Article X — Construction and severability. The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of thiscompact is declared to be contrary to the Constitution of any participating state or of the United States or the applicability thereof toany government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstanceshall notbe affected thereby. Ifthis compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain infull force and effect as to the remaining states and in full force and effect as to the state affected as to allseverable matters. CS85, §247.2 C93, §913.2
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