CHAPTER 8. INTERSTATE COMPACT ON COMMUNITY CORRECTIONS TRANSFERS
IC 11-12-8
Chapter 8. Interstate Compact on Community Corrections
Transfers
IC 11-12-8-1
"Community corrections program" defined
Sec. 1. As used in this chapter, "community corrections program"
means a community based program that provides preventive services,
services to criminal or juvenile offenders, services to persons
charged with a crime or an act of delinquency, services to persons
diverted from the criminal or delinquency process, services to
persons sentenced to imprisonment, or services to victims of crime
or delinquency that may include the following:
(1) Residential programs.
(2) Work release programs.
(3) House arrest, home detention, and electronic monitoring
programs.
(4) Community restitution or service programs.
(5) Victim-offender reconciliation programs.
(6) Jail services programs.
(7) Jail work crews.
(8) Community work crews.
(9) Juvenile detention alternative programs.
(10) Study release programs.
As added by P.L.73-1994, SEC.1. Amended by P.L.32-2000, SEC.5.
IC 11-12-8-2
Interstate compact provisions
Sec. 2. The governor may enter into a compact under this chapter
on behalf of the state with any other state that legally joins in the
compact in a form that is substantially similar to the following:
A contracting state agrees to the following:
(1) The judicial and administrative authorities of a state that is
a party to this compact (referred to as the "sending state") may
allow a person who is a criminal or a juvenile offender within
the state and who has been placed in a community corrections
program under IC 35-38-2.6 to reside in any other state that is
a party to this compact (referred to as the "receiving state")
while participating in the community corrections program if:
(A) the person:
(i) is a resident of or has family residing in the receiving
state; or
(ii) is not a resident of the receiving state and does not
have family residing in the receiving state and the
receiving state consents to sending the person to the
receiving state; and
(B) the sending state determines that the receiving state has
a community corrections program that is adequate to
supervise the person.
(2) That a receiving state will:
(A) assume the duties of supervision over persons placed in
a community corrections program of a sending state; and
(B) be governed by the same standards that prevail for
persons in the receiving state's community corrections
program.
(3) That accredited officers of a sending state may enter a
receiving state to apprehend and retake a person sent from the
sending state to the receiving state. Unless otherwise required
by law, no formalities are required to retake a person other than
establishing the authority of the officer and the identity of the
person to be retaken. All legal requirements to obtain
extradition of fugitives from justice are expressly waived. The
decision of the sending state to retake a person sent to a
receiving state is not reviewable within the receiving state.
However, if at the time a sending state seeks to retake a person
in a receiving state there is a criminal charge pending against
the person within the receiving state or the person is suspected
of having committed a criminal offense within the receiving
state, the person may not be retaken without the consent of the
receiving state until the person is discharged from prosecution
or from imprisonment for the criminal offense.
(4) That the accredited officers of a sending state may transport
prisoners being retaken by the sending state through any state
that is a party to this compact without interference.
(5) That the governor of each state may designate an officer
who, acting jointly with similar officers of other contracting
states, shall adopt administrative rules necessary to effectively
carry out the terms of this compact.
(6) That this compact becomes operative immediately upon its
ratification by any state between the state and any other state
that has ratified the compact. When ratified by a state, the
compact has the full force and effect of law within the state.
The form of ratification must be in accordance with the laws of
the ratifying state.
(7) That this compact continues in force and remains binding
upon each ratifying state until renounced by the state. The
duties and obligations under this compact of a receiving state
that renounces this compact continue as to persons in
community corrections programs residing in the state at the time
of the receiving state's withdrawal until retaken or finally
discharged by the sending state. Renunciation of this compact
shall be by the same authority that ratified the compact by
sending six (6) months notice to each state that has ratified the
compact in writing of the state's intention to withdraw from the
compact.
As added by P.L.73-1994, SEC.1. Amended by P.L.104-1997, SEC.5.
IC 11-12-8-3
Administration by department of correction
Sec. 3. (a) The department of correction is the administrator for
persons participating in community corrections programs
participating in the interstate compact under this chapter.
(b) The department may establish a staff position to which the
duties of the compact administrator may be delegated.
(c) The department of correction shall adopt rules under IC 4-22-2
prescribing duties and procedures for administering the interstate
compact under this chapter and IC 11-12-9.
As added by P.L.73-1994, SEC.1.
IC 11-12-8-4
Court authorization of transfer
Sec. 4. Before a person may be transferred from Indiana to a
receiving state under this chapter, the court that placed the person in
a community corrections program must authorize the transfer.
As added by P.L.73-1994, SEC.1.