630.855. Contracts authorized, limitations.
Contracts authorized, limitations.
630.855. The department of mental health and thedepartment of corrections may negotiate and enter into contractson behalf of this state pursuant to Article III of the compactand may perform such contracts; provided, that no funds,personnel, facilities, equipment, supplies or materials shall bepledged for, committed or used on account of any such contract,unless legally available therefor.
THE INTERSTATE COMPACT ON
MENTALLY DISORDERED OFFENDERS
ARTICLE I
(a) The party states, desiring by common action to improvetheir programs for the care and treatment of mentally disorderedoffenders, declare that it is the policy of each of the partystates to:
1. Strengthen their own programs and laws for the care andtreatment of the mentally disordered offender.
2. Encourage and provide for such care and treatment in themost appropriate locations, giving due recognition to the needto achieve adequacy of diagnosis, care, treatment, aftercare andauxiliary services and facilities and, to every extentpracticable, to do so in geographic locations convenient forproviding a therapeutic environment.
3. Authorize cooperation among the party states inproviding services and facilities, when it is found thatcooperative programs can be more effective and efficient thanprograms separately pursued.
4. Place each mentally disordered offender in a legalstatus which will facilitate his care, treatment andrehabilitation.
5. Authorize research and training of personnel on acooperative basis, in order to improve the quality or quantityof personnel available for the proper staffing programs,services and facilities for mentally disordered offenders.
6. Care for and treat mentally disordered offenders underconditions which will improve the public safety.
(b) Within the policies set forth in this Article, it isthe purpose of this compact to:
1. Authorize negotiation, entry into and operations undercontractual arrangements among any two or more of the partystates for the establishment and maintenance of cooperativeprograms in any one or more of the fields for which specificprovision is made in the several articles of this compact.
2. Set the limits within which such contracts may operate,so as to assure protection of the civil rights of mentallydisordered offenders and protection of the rights andobligations of the public and of the party states.
3. Facilitate the proper disposition of criminal chargespending against mentally disordered offenders, so that programsfor their care, treatment and rehabilitation may be carried onefficiently.
ARTICLE II
As used in this compact:
(a) "Mentally disordered offender" means a person who hasbeen determined, by adjudication or other method legallysufficient for the purpose in the party state where thedetermination is made, to be mentally ill and:
1. Is under sentence for the commission of crime; or
2. Who is confined or committed on account of thecommission of an offense for which, in the absence of mentalillness, said person would be subject to incarceration in apenal or correctional facility.
(b) "Patient" means a mentally disordered offender who iscared for, treated, or transferred pursuant to this compact.
(c) "Sending state" means a state party to this compact inwhich the mentally disordered offender was convicted; or thestate in which he would be subject to trial on or conviction ofan offense, except for his mental condition; or, within themeaning of Article V of this compact, the state whoseauthorities have filed a petition in connection with an untriedindictment, information or complaint.
(d) "Receiving state" means a state party to this compactto which a mentally disordered offender is sent for care,aftercare, treatment or rehabilitation, or within the meaning ofArticle V of this compact, the state in which a petition inconnection with an untried indictment, information or complainthas been filed.
ARTICLE III
(a) Each party state may make one or more contracts withany one or more of the other party states for the care andtreatment of mentally disordered offenders on behalf of asending state in facilities situated in receiving states, or forthe participation of such mentally disordered offenders inprograms of aftercare on conditional release administered by thereceiving state. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by thesending state for patient care, treatment, and extraordinaryservices, if any.
3. Determination of responsibility for ordering orpermitting the furnishing of extraordinary services, if any.
4. Participation in compensated activities, if any,available to patients; the disposition or crediting of anypayment received by patients on account thereof; and thecrediting of proceeds from or disposal of any products resultingtherefrom.
5. Delivery and retaking of mentally disordered offenders.
6. Such other matters as may be necessary and appropriateto fix the obligations, responsibilities and rights of thesending and receiving states.
(b) Prior to the construction or completion of constructionof any facility for mentally disordered offenders or addition tosuch facility by a party state, any other party state or statesmay contract therewith for the enlargement of the plannedcapacity of the facility or addition thereto, or for theinclusion therein of particular equipment or structures, and forthe reservation of a specific percentum of the capacity of thefacility to be kept available for use by patients of the sendingstate or states so contracting. Any sending state socontracting may, to the extent that moneys are legally availabletherefor, pay to the receiving state, a reasonable sum asconsideration for such enlargement of capacity, or provision ofequipment or structures, and reservation of capacity. Suchpayment may be in a lump sum or in installments as provided inthe contract.
(c) A party state may contract with any one or more otherparty states for the training of professional or other personnelwhose services, by reason of such training, would becomeavailable for or be improved in respect of ability toparticipate in the care and treatment of mentally disorderedoffenders. Such contracts may provide for such training to takeplace at any facility being operated or to be operated for thecare and treatment of mentally disordered offenders; at anyinstitution or facility having resources suitable for theoffering of such training; or may provide for the separateestablishment of training facilities, provided that no suchseparate establishment shall be undertaken, unless it isdetermined that an appropriate existing facility or institutioncannot be found at which to conduct the contemplated program.Any contract entered into pursuant to this paragraph shallprovide for:
1. The administration, financing, and precise nature of theprogram.
2. The status and employment or other rights of thetrainees.
3. All other necessary matters.
(d) No contract entered into pursuant to this compact shallbe inconsistent with any provision thereof.
ARTICLE IV
(a) Whenever the duly constituted judicial oradministrative authorities in a state party to this compact, andwhich has entered into a contract pursuant to Article III, shalldecide that custody, care and treatment in, or transfer of apatient to, a facility within the territory of another partystate, or conditional release for aftercare in another partystate is necessary in order to provide adequate care andtreatment or is desirable in order to provide an appropriateprogram of therapy or other treatment, or is desirable forclinical reasons, said officials may direct that the custody,care and treatment be within a facility or in a program ofaftercare within the territory of said other party state, thereceiving state to act in that regard solely as agent for thesending state.
(b) The appropriate officials of any state party to thiscompact shall have access, at all reasonable times, to anyfacility in which it has a contractual right to secure care ortreatment of patients for the purpose of inspection and visitingsuch of its patients as may be in the facility or served by it.
(c) Except as otherwise provided in Article VI, patients ina facility pursuant to the terms of this compact shall at alltimes be subject to the jurisdiction of the sending state andmay at any time be removed for transfer to a facility within thesending state, for transfer to another facility in which thesending state may have a contractual or other right to securecare and treatment of patients, for release on aftercare orother conditional status, for discharge, or for any otherpurpose permitted by the laws of the sending state; providedthat the sending state shall continue to be obligated to suchpayments 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 patients of that sending state infacilities pursuant to this compact including a psychiatric andbehavioral record of each patient and certify said record to theofficial designated by the sending state, in order that eachpatient may have the benefit of his or her record in determiningand altering the disposition of said patient in accordance withthe law which may obtain in the sending state and in order thatthe same may be a source of information for the sending state.
(e) All patients who may be in a facility or receivingaftercare from a facility pursuant to the provisions of thiscompact shall be treated in a reasonable and humane manner andshall be cared for, treated and supervised in accordance withthe standards pertaining to the program administered at thefacility. The fact of presence in a receiving state shall notdeprive any patient of any legal rights which said patient wouldhave had if in custody or receiving care, treatment orsupervision as appropriate in the sending state.
(f) Any hearing or hearings to which a patient present in areceiving state pursuant to this compact may be entitled by thelaws of the sending state shall be had before the appropriateauthorities of the sending state, or of the receiving state ifauthorized by the sending state. The receiving state shallprovide adequate facilities for such hearings as may beconducted by the appropriate officials of a sending state. Inthe event such hearing or hearings are had before officials ofthe receiving state, the governing law shall be that of thesending state and a record of the hearing or hearings asprescribed by the sending state shall be made. Said recordtogether with any recommendations of the hearing officials shallbe transmitted forthwith to the official or officials beforewhom the hearing would have been had if it had taken place inthe sending state. In any and all proceedings had pursuant tothe provisions of this paragraph, the officials of the receivingstate shall act solely as agents of the sending state and nofinal determination shall be made in any matter except by theappropriate officials of the sending state. Costs of recordsmade pursuant to this paragraph shall be borne by the sendingstate.
(g) Patient confined pursuant to this compact shall bereleased within the territory of the sending state unless thepatient, 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 patient pursuant to the terms of this compact shallbe subject to civil process and shall have any and all rights tosue, be sued and participate in and derive any benefits or incuror be relieved of any obligations or have such obligationmodified or his status changed on account of any action orproceeding in which he could have participated if in anyappropriate facility of the sending state or being supervisedtherefrom, as the case may be, located 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 patient shallnot be deprived of or restricted in his exercise of any power inrespect of any patient pursuant to the terms of this compact.
ARTICLE V
(a) Whenever the authorities responsible for the care andtreatment of a mentally disordered offender, whether convictedor adjudicated in the state or subject to care, aftercare,treatment or rehabilitation pursuant to a contract, are of theopinion that charges based on untried indictments, informationsor complaints in another party state present obstacles to theproper care and treatment of a mentally disordered offender orto the planning or execution of a suitable program for him, suchauthorities may petition the appropriate court in the statewhere the untried indictment, information or complaint ispending for prompt disposition thereof. If the mentallydisordered offender is a patient in a receiving state, theappropriate authorities of the sending state, uponrecommendation of the appropriate authorities in the receivingstate, shall, if they concur in the recommendation, file thepetition contemplated by this paragraph.
(b) The court shall hold a hearing on the petition withinthirty days of the filing thereof. Such hearing shall be onlyto determine whether the proper safeguarding and advancement ofthe public interest; the condition of the mentally disorderedoffender; and the prospects for more satisfactory care,treatment and rehabilitation of him warrant disposition of theuntried indictment, information or complaint prior totermination of the defendant's status as a mentally disorderedoffender in the sending state. The prosecuting officer of thejurisdiction from which the untried indictment, information orcomplaint is pending, the petitioning authorities, and suchother persons as the court may determine shall be entitled tobe heard.
(c) Upon any hearing pursuant to this Article, the courtmay order such adjournments or continuances as may be necessaryfor the examination or observation of the mentally disorderedoffender or for the securing of necessary evidence. In grantingor denying any such adjournment or continuance, the court shallgive primary consideration to the purposes of this compact, andmore particularly to the need for expeditious determination ofthe legal and mental status of a mentally disordered offender sothat his care, treatment and discharge to the community onlyunder conditions which will be consonant with the public safetymay be implemented.
(d) The presence of a mentally disordered offender within astate wherein a petition is pending or being heard pursuant tothis Article, or his presence within any other state throughwhich he is being transported in connection with such petitionor hearing, shall be only for the purposes of this compact, andno court, agency or person shall have or obtain jurisdictionover such mentally disordered offender for any other purpose byreason of his presence pursuant to this Article. The mentallydisordered offender shall, at all times, remain in the custodyof the sending state. Any acts of officers, employees, oragencies of the receiving state in providing or facilitatingdetention, housing or transportation for the mentally disorderedoffender shall be only as agents for the sending state.
(e) Promptly upon conclusion of the hearing the court shalldismiss the untried indictment, information or complaint, if itfinds that the purposes enumerated in paragraph (b) of thisArticle would be served thereby. Otherwise, the court shallmake such order with respect to the petition and the untriedindictment, information or complaint as may be appropriate inthe circumstances and consistent with the status of thedefendant as a mentally disordered offender in the custody ofand subject to the jurisdiction of the sending state.
(f) No fact or other matter established or adjudicated atany hearing pursuant to this Article, or in connectiontherewith, shall be deemed established or adjudicated, nor shallthe same be admissible in evidence, in any subsequentprosecution of the untried indictment, information or complaintconcerned in a petition filed pursuant to this Article unless:
1. The defendant or his duly empowered legal representativerequested or expressly acquiesced in the making of the petition,and was afforded an opportunity to participate in person in thehearing; or
2. The defendant himself offers or consents to theintroduction of the determination or adjudication at suchsubsequent proceedings.
ARTICLE VI
(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 a patient from the receiving state there is pendingagainst the patient within such state any criminal charge or ifthe patient is suspected of having committed within such state acriminal offense, the patient shall not be returned without theconsent of the receiving state until discharged from prosecutionor other form of proceeding, imprisonment or detention for suchoffense. The duly accredited officers of the sending stateshall be permitted to transport patients pursuant to thiscompact through any and all states party to this compact withoutinterference.
(b) A patient who escapes while receiving care andtreatment or who violates provisions of aftercare by leaving thejurisdiction, or while being detained or transported pursuant tothis compact shall be deemed an escapee from the sending stateand from the state in which the facility is situated or theaftercare was being provided. In the case of an escape to ajurisdiction other than the sending or receiving state, theresponsibility for return shall be that of the sending state,but nothing contained herein shall be construed to prevent oraffect the activities of officers and agencies of anyjurisdiction directed toward the apprehension and return of anescapee.
ARTICLE VII
Any state party to this compact may accept federal aid foruse in connection with any facility or program, the use of whichis or may be affected by this compact or any contract pursuantthereto and any patient in a receiving state pursuant to thiscompact may participate in any such federally aided program oractivity for which the sending and receiving states have madecontractual provision; provided that if such program or activityis not part of the customary regimen of the facility or programthe express consent of the appropriate official of the sendingstate shall be required therefor.
ARTICLE VIII
This compact shall enter into force and become effective andbinding upon the states so acting when it has been enacted intolaw by any two states from among the states of Illinois,Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska,North Dakota, Ohio, South Dakota and Wisconsin. Thereafter,this compact shall enter into force and become effective andbinding as to any other of said states, or any other state uponsimilar action by such state.
ARTICLE IX
This compact shall continue in force and remain binding upona party state until it shall have enacted a statute repealingthe same and providing for the sending of formal written noticeof withdrawal from the compact to the appropriate officials ofall other party states. An actual withdrawal shall not takeeffect until two years after the notices provided in saidstatute have been sent. Such withdrawal shall not relieve thewithdrawing state from its obligations assumed hereunder priorto the effective date of withdrawal. Before the effective dateof withdrawal, a withdrawing state shall remove to itsterritory, at its own expense, such patients as it may have inother party states pursuant to the provisions of this compact.
ARTICLE X
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 custody,care, treatment, rehabilitation or aftercare of patients nor torepeal any other laws of a party state authorizing the making ofcooperative arrangements.
ARTICLE XI
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, personor circumstance is held invalid, the validity of the remainderof 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 ofany state participating therein, the compact shall remain infull force and effect as to the remaining states and in fullforce and effect as to the state affected as to all severablematters.
(L. 1980 H.B. 1724, A.L. 1990 H.B. 974)