217.535. Compact adopted--text--contract must comply.
Compact adopted--text--contract must comply.
217.535. The contract authorized by section 217.525 shallconform to the Interstate Corrections Compact which is herebyenacted as follows:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to fully utilizeand improve their institutional facilities and provide adequateprograms for the confinement, treatment and rehabilitation ofvarious types of offenders, declare that it is the policy of eachof the party states to provide such facilities and programs on abasis of cooperation with one another, thereby serving the bestinterests of such offenders and of society and effectingeconomies in capital expenditures and operational costs. Thepurpose of this compact is to provide for the mutual developmentand execution of such programs of cooperation for theconfinement, treatment and rehabilitation of offenders with themost economical use of human and material resources.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requiresotherwise:
(a) "State" means a state of the United States; the UnitedStates of America; a territory or possession of the UnitedStates; the District of Columbia; the commonwealth of PuertoRico.
(b) "Sending state" means a state party to this compact inwhich conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact towhich an inmate is sent for confinement other than a state inwhich conviction or court commitment was had.
(d) "Inmate" means a male or female offender who iscommitted, under sentence to or confined in a penal orcorrectional institution.
(e) "Institution" means any penal or correctional facility,including but not limited to a facility for the mentally ill ormentally defective, in which inmates as defined in (d) above maylawfully be confined.
ARTICLE III
Contracts
(a) Each party state may make one or more contracts with anyone or more of the other party states for the confinement ofinmates on behalf of a sending state in institutions situatedwithin receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sendingstate for inmate maintenance, extraordinary medical and dentalexpenses, and any participation in or receipt by inmates ofrehabilitative or correctional services, facilities, programs ortreatment 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 inmateson account thereof; and the crediting of proceeds from ordisposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
(a) Such other matters as may be necessary and appropriateto fix the obligations, responsibilities and rights of thesending and receiving states.
(b) The terms and provisions of this compact shall be a partof any contract entered into by the authority of or pursuantthereto, and nothing in any such contract shall be inconsistenttherewith.
ARTICLE IV
Procedures and Rights
(a) Whenever the duly constituted authorities in a stateparty to this compact, and which has entered into a contractpursuant to article III, shall decide that confinement in, ortransfer of an inmate to, an institution within the territory ofanother party state is necessary or desirable in order to provideadequate quarters and care or an appropriate program ofrehabilitation or treatment, said officials may direct that theconfinement be within an institution within the territory of saidother party state, the receiving state to act in that regardsolely as agent for the sending state.
(b) The appropriate officials of any state party to thiscompact shall have access, at all reasonable times, to anyinstitution in which it has a contractual right to confineinmates for the purpose of inspecting the facilities thereof andvisiting such of its inmates as may be confined in theinstitution.
(c) Inmates confined in an institution pursuant to the termsof this compact shall at all times be subject to the jurisdictionof the sending state and may at any time be removed therefrom fortransfer to a prison or other institution within the sendingstate, for transfer to another institution in which the sendingstate may have a contractual or other right to confine inmates,for release on probation or parole, for discharge, or for anyother purpose permitted by the laws of the sending state;provided that the sending state shall continue to be obligated tosuch payments as may be required pursuant to the terms of anycontract entered into under the terms of article III.
(d) Each receiving state shall provide regular reports toeach sending state on the inmates of that sending state ininstitutions pursuant to this compact including a conduct recordof each inmate and certify said record to the official designatedby the sending state, in order that each inmate may have officialreview of his or her record in determining and altering thedisposition of said inmate in accordance with the law which mayobtain in the sending state and in order that the same may be asource of information for the sending state.
(e) All inmates who may be confined in an institutionpursuant to the provisions of this compact shall be treated in areasonable and humane manner and shall be treated equally withsuch similar inmates of the receiving state as may be confined inthe same institution. The fact of confinement in a receivingstate shall not deprive any inmate so confined of any legalrights which said inmate would have had if confined in anappropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confinedpursuant to this compact may be entitled by the laws of thesending state may be had before the appropriate authorities ofthe sending state or of the receiving state if authorized by thesending state. The receiving state shall provide adequatefacilities for such hearings as may be conducted by theappropriate officials of a sending state. In the event suchhearing or hearings are had before officials of the receivingstate, the governing law shall be that of the sending state and arecord of the hearing or hearings as prescribed by the sendingstate shall be made. Said record together with anyrecommendations of the hearing officials shall be transmittedforthwith to the official or officials before whom the hearingwould have been had if it had taken place in the sending state.In any and all proceedings had pursuant to the provisions of thissubdivision, the officials of the receiving state shall actsolely as agents of the sending state and no final determinationshall be made in any matter except by the appropriate officialsof the sending state.
(g) Any inmate confined pursuant to this compact shall bereleased within the territory of the sending state unless theinmate, and the sending and receiving states, shall agree uponrelease in some other place. The sending state shall bear thecost of such return to its territory.
(h) Any inmate confined pursuant to the terms of thiscompact shall have any and all rights to participate in andderive any benefits or incur or be relieved of any obligations orhave such obligations modified or his status changed on accountof any action or proceeding in which he could have participatedif confined in any appropriate institution of the sending statelocated within such state.
(i) The parent, guardian, trustee, or other person orpersons entitled under the laws of the sending state to act for,advise, or otherwise function with respect to any inmate shallnot be deprived of or restricted in his exercise of any power inrespect of any inmate confined pursuant to the terms of thiscompact.
ARTICLE V
Acts Not Reviewable in Receiving State Extradition
(a) Any decision of the sending state in respect of anymatter over which it retains jurisdiction pursuant to thiscompact shall be conclusive upon and not reviewable within thereceiving state, but if at the time the sending state seeks toremove an inmate from an institution in the receiving state thereis pending against the inmate within such state any criminalcharge or if the inmate is formally accused of having committedwithin such state a criminal offense, the inmate shall not bereturned without the consent of the receiving state untildischarged from prosecution or other forms of proceedings,imprisonment or detention for such offense. The duly accreditedofficers of the sending state shall be permitted to transportinmates pursuant to this compact through any and all states partyto this compact without interference.
(b) An inmate who escapes from an institution in which he isconfined pursuant to this compact shall be deemed a fugitive fromthe sending state and from the state in which the institution issituated. In the case of an escape to a jurisdiction other thanthe sending or receiving state, the responsibility forinstitution of extradition or rendition proceedings shall be thatof the sending state, but nothing contained herein shall beconstrued to prevent or affect the activities of officers andagencies of any jurisdiction directed toward the apprehension andreturn of an escapee.
ARTICLE VI
Federal Aid
Any state party to this compact may accept federal aid foruse in connection with any institution or program, the use ofwhich is or may be affected by this compact or any contractpursuant hereto and any inmate in a receiving state pursuant tothis compact may participate in any such federally aided programor activity for which the sending and receiving states have madecontractual provision, provided that if such program or activityis not part of the customary correctional regimen the expressconsent of the appropriate official of the sending state shall berequired therefor.
ARTICLE VII
Entry into Force
This compact shall enter into force and become effective andbinding upon the state so acting when it has been enacted intolaw by any two states. Thereafter, this compact shall enter intoforce and become effective and binding as to any other of saidstates upon similar action by such states.
ARTICLE VIII
Withdrawal and Termination
This compact shall continue in force and remain binding upona party state until it shall have enacted a statute repealing thesame and providing for the sending of formal written notice ofwithdrawal from the compact to the appropriate officials of allother party states. An actual withdrawal shall not take effectuntil one year after the notices provided in said statute havebeen sent. Such withdrawal shall not relieve the withdrawingstate from its obligations assumed hereunder prior to theeffective date of withdrawal. Before the effective date ofwithdrawal, a withdrawing state shall remove to its territory, atits own expense, such inmates as it may have confined pursuant tothe provisions of this compact.
ARTICLE IX
Other Arrangements Unaffected
Nothing contained in this compact shall be construed toabrogate or impair any agreement or other arrangement which aparty state may have with a nonparty state for the confinement,rehabilitation or treatment of inmates nor to repeal any otherlaws of a party state authorizing the making of cooperativeinstitutional arrangements.
ARTICLE X
Construction and Severability
The provisions of this compact shall be liberally construedand shall be severable. If any phrase, clause, sentence orprovision of this compact is declared to be contrary to theconstitution of any participating state or of the United Statesor the applicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder ofthis compact and the applicability thereof to any government,agency, person or circumstance shall not be affected thereby. Ifthis compact shall be held contrary to the constitution of anystate participating therein, the compact shall remain in fullforce and effect as to the remaining states and in full force andeffect as to the state affected as to all severable matters.
(L. 1982 H.B. 1196 § 113)