Sec. 18-91. (Formerly Sec. 18-16). Use of correctional institutions by United States. Removal of inmates to federal institutions.
Sec. 18-91. (Formerly Sec. 18-16). Use of correctional institutions by United
States. Removal of inmates to federal institutions. (a) Any institution of the department may be used, for confining any person held under the authority of any United
States statute including persons detained as aliens. The Commissioner of Correction
may contract with the United States for the use of such institution, for confining any
person held under such authority; but the expense of supporting and confining such
person shall be paid by the United States. The commissioner may enter into and execute
a contract or contracts with the United States for the removal of any inmate from any
institution of the department to a federal correctional institution or medical center when,
in his opinion, the inmate needs particular treatment or special facilities available at
such correctional institution or medical center, or it is in the best interest of the state.
When required as part of the contract the Commissioner of Correction or any person
authorized by him may personally deliver such inmate to the particular federal authorities involved, and the state may, in the manner provided in section 4-165b, compensate
such prisoner for personal injury or damages sustained by him while being removed to
a federal institution for which no other compensation is available, unless such injury or
damage was sustained in an attempt at escape or as the result of other misconduct of
the prisoner.
(b) The authority of the Commissioner of Correction to contract with the United
States pursuant to this section includes but is not limited to the authority to agree to
indemnify and hold harmless the United States against any loss or damage to persons
or property incurred because of the confinement of any prisoner so transferred.
(1949 Rev., S. 3010; 1957, P.A. 179, S. 1; 1967, P.A. 152, S. 34; 1971, P.A. 189; P.A. 73-251; P.A. 90-230, S. 27, 101.)
History: 1967 act substituted "any institution of the department" for "prison" and "State Prison," and "commissioner
of correction" for "warden and directors of the prison", deleted references to federal "penitentiary" and substituted federal
"correctional institution or medical center"; Sec. 18-16 transferred to Sec. 18-91 in 1968; 1971 act rephrased provision re
confinement of persons under U.S. statutes and included confinement of aliens, deleted provision under which prisoners
of war could be confined in state facilities, allowed transfer from state to federal facility when "in the best interest of the
state" and added provisions re personal delivery to federal authorities and compensation for damages; P.A. 73-251 added
Subsec. (b) re hold harmless clause in contracts between state and federal authorities; P.A. 90-230 corrected an internal
reference.