CHAPTER 4. INTERSTATE CORRECTIONS COMPACT
IC 11-8-4
Chapter 4. Interstate Corrections Compact
IC 11-8-4-1
Declaration of policy; purpose
Sec. 1. The party states, desiring by common action fully to utilize
and improve their institutional facilities and provide adequate
programs for various types of offenders, declare that it is 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, care, and training
of offenders with the most economical use of human and material
resources.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-2
Definitions
Sec. 2. As used in this compact, unless the context clearly requires
otherwise:
"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; or the Commonwealth of Puerto Rico.
"Sending state" means a state party to this compact in which
conviction or court commitment was had.
"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.
"Inmate" means a male or female offender who is committed,
under sentence to or confined in a penal or correctional institution.
"Institution" means a penal or correctional facility, including but
not limited to, a facility for individuals with a mental illness in which
inmates may lawfully be confined.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.99-2007,
SEC.38.
IC 11-8-4-3
Contracts with other states; contents
Sec. 3. (a) The department may make one (1) or more contracts
with any one (1) or more of the other party states for the confinement
of 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
correctional services, facilities, programs, or treatment not
reasonably included as part of normal maintenance.
(3) Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on
account thereof; and the crediting of proceeds from or disposal
of any products resulting therefrom.
(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.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-4
Contracts with other states; confinement in institution in territory
of other party state; receiving state to act as agent for sending state
Sec. 4. Whenever the duly constituted authorities in a state party
to this compact, and which has entered into a contract pursuant to
section 3 of this chapter, shall decide that confinement in, or transfer
of an inmate to, an institution within the territory of another party
state is necessary or desirable in order to provide adequate quarters
and care or an appropriate correctional program, 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 regard
solely as agent for the sending state.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-5
Inspection of facilities; visiting inmates in institutions
Sec. 5. The appropriate officials of any state party to this compact
shall have access, at all reasonable times, to any institution in which
it has a contractual right to confine inmates for the purpose of
inspecting the facilities thereof and visiting such of its inmates as
may be confined in the institution.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-6
Inmates subject to jurisdiction of sending state
Sec. 6. Inmates confined in an institution pursuant to the terms of
this compact shall at all times 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 in which the sending state may have a
contractual or other right to confine inmates, 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
section 3 of this chapter.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-7
Reports on inmates by receiving state; review
Sec. 7. 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 his or her
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.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-8
Humane treatment of inmates
Sec. 8. 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 if confined in an appropriate institution of the
sending state.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-9
Hearings; facilities; governing law of sending state; records
Sec. 9. 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 if authorized 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 the hearing officials shall be transmitted forthwith to the official
or officials before whom the hearing would have been had if it had
taken place in the sending state. In any and all proceedings had
pursuant to the provisions of the section, 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.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-10
Place of release of inmate; cost of return
Sec. 10. 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 its territory.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-11
Inmates' benefits or obligations on account of actions or
proceedings they could have participated in if confined in
institutions of sending state
Sec. 11. Any inmate confined pursuant to the terms of this
compact shall have any and all rights to participate in and derive any
benefits or incur or be relieved of any obligations or have such
obligations modified or his status changed on account of any action
or proceeding in which he could have participated if confined in any
appropriate institution of the sending state located within such state.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-12
Rights of parent, guardian, trustee, or other persons
Sec. 12. 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 his exercise of any power in respect of any inmate
confined pursuant to the terms of this compact.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-13
Finality of decisions of sending state in respect of any matter
Sec. 13. 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 if
at the time the sending state seeks to remove an inmate from an
institution in the receiving state there is pending against the inmate
within such state any 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 all states party to this compact without
interference.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-14
Escape
Sec. 14. An inmate who escapes from an institution in which he
is confined pursuant to this 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.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-15
Federal aid
Sec. 15. Any state party to this compact may accept federal aid for
use in connection with any institution or program, the use of which
is or 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 official
of the sending state shall be required therefor.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-16
Effective date
Sec. 16. 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 (2) 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.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-17
Withdrawal from compact
Sec. 17. This compact shall continue in force and remain binding
upon a party state until it shall 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 all other
party states. An actual withdrawal shall not take effect until one (1)
year after the notices provided in said statute have been sent. Such
withdrawal shall not relieve the withdrawing state from its
obligations 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
it may have confined pursuant to the provisions of this compact.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-18
Effect of compact on agreements or arrangements with nonparty
state
Sec. 18. Nothing contained in this compact shall be construed to
abrogate or impair any agreement or other arrangement which this
state may have with a nonparty state for the confinement, care, or
training of inmates nor to repeal any other laws of this state
authorizing the making of cooperative institutional arrangements.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-19
Construction; severability
Sec. 19. The provisions of this compact shall be liberally
construed and shall be severable. If any phrase, clause, sentence, or
provision of this compact is declared to be contrary to the
constitution of any participating state or of the United States or the
applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state participating
therein, the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state affected
as to all severable matters.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-20
Authority of commissioner to carry out compact; delegation of
authority
Sec. 20. The commissioner is hereby authorized and directed to
do all things necessary or incidental to the carrying out of this
compact in every particular and he may in his discretion delegate this
authority.
As added by Acts 1979, P.L.120, SEC.1.