§ 13-9-2 - Interstate compact.
SECTION 13-9-2
§ 13-9-2 Interstate compact. – The governor of this state is authorized and directed to enter into a compacton behalf of the state of Rhode Island and Providence Plantations with any ofthe United States legally joining in it in the form substantially as follows:
A COMPACT
Entered into by and among the contracting states, signatoriesto this compact, with the consent of the Congress of the United States ofAmerica, granted by an act entitled "An act granting the consent of Congress toany two (2) or more states to enter into agreements or compacts forco-operative effort and mutual assistance in the prevention of crime and forother purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constitutedjudicial and administrative authorities of a state party to this compact,(herein called "sending state") to permit any person convicted of an offensewithin such state and placed on probation or released on parole to reside inany other state party to this compact, (herein called "receiving state") whileon probation or parole, if
(a) The person is in fact a resident of or has his or herfamily residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and nothaving his or her family residing there, the receiving state consents to theperson being sent there.
Before granting permission, opportunity shall be granted tothe receiving state to investigate the home and prospective employment of theperson.
A "resident of the receiving state", within the meaning ofthis section, is one who has been an actual continuous inhabitant of the statefor more than one year prior to his or her coming to the sending state and hasnot resided within the sending state more than six (6) continuous monthsimmediately preceding the commission of the offense for which he or she hasbeen convicted.
(2) That each receiving state will assume the duties ofvisitation of and supervision over probationers or parolees of any sendingstate and in the exercise of those duties will be governed by the samestandards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may atall times enter a receiving state and there apprehend and retake any person onprobation or parole. For that purpose no formalities will be required otherthan establishing the authority of the officer and the identity of the personto be retaken. All legal requirements to obtain extradition of fugitives fromjustice are expressly waived on the part of states party to this compact, as topersons to be apprehended or retaken. The decision of the sending state toretake a person on probation or parole shall be conclusive upon and notreviewable within the receiving state; provided, that if, at the time when astate seeks to retake a probationer or parolee, there should be pending againsthim or her within the receiving state any criminal charge, or he or she shouldbe suspected of having committed within that state a criminal offense, he orshe shall not be retaken without the consent of the receiving state untildischarged from prosecution or from imprisonment for the offense.
(4) That the duly accredited officers of the sending statewill be permitted to transport prisoners being retaken through any and allstates parties to this compact, without interference.
(5) That the governor of each state may designate an officerwho, acting jointly with like officers of other contracting states, if and whenappointed, shall promulgate any rules and regulations that may be deemednecessary to more effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately uponits ratification by any state as between it and any other ratifying state orstates. When ratified it shall have the full force and effect of law within thestate, the form of ratification to be in accordance with the laws of theratifying state.
(7) That this compact shall continue in force and remainbinding upon each ratifying state until renounced by it. The duties andobligations under this compact of a renouncing state shall continue as toparolees or probationers residing therein at the time of withdrawal untilretaken or finally discharged by the sending state. Renunciation of thiscompact shall be by the same authority which ratified it, by sending six (6)months' notice in writing of its intention to withdraw from the compact to theother states party to this agreement.