77-27-24 - Out-of-state supervision of probationers and parolees -- Compacts.
77-27-24. Out-of-state supervision of probationers and parolees -- Compacts.
The governor of this state is authorized to execute a compact on behalf of the State ofUtah with any other state legally joining therein. "State," as used in this section, includes anystate, territory or possession of the United States, and the District of Columbia. The compactshall be in substantially the following form:
(1) A compact entered into by and among the contracting states, signatories thereto, withthe consent of the Congress of the United States of America, granted by an act entitled An ActGranting the Consent of Congress to any two or more States to enter into Agreements orCompacts for cooperative effort and mutual assistance in the prevention of crime and for otherpurposes.
(2) The contracting states solemnly agree:
(a) That it shall be competent for the duly constituted judicial and administrativeauthorities of a state party to this compact (herein called sending state) to permit any personconvicted of an offense within such state and placed on probation or released on parole to residein any other state party to this compact (herein called receiving state) while on probation orparole, if:
(i) such person is in fact a resident of or has his family residing within the receiving stateand can obtain employment there; or
(ii) though not a resident of the receiving state and not having his family residing there,the receiving state consents to such person being sent there.
(A) Before granting such permission, opportunity shall be granted to the receiving stateto investigate the home and prospective employment of such person.
(B) A resident of the receiving state, within the meaning of this section, is one who hasbeen an actual inhabitant of such state continuously for more than one year prior to his coming tothe sending state and has not resided within the sending state more than six continuous monthsimmediately preceding the commission of the offense for which he has been convicted.
(b) That each receiving state will assume the duties of visitation of and supervision overprobationers or parolees of any sending state and in the exercise of those duties will be governedby the same standards that prevail for its own probationers and parolees.
(c) That duly accredited officers of a sending state may at all times enter a receiving stateand there apprehend and retake any person on probation or parole from such sending state. Forthat purpose no formalities will be required other than establishing the authority of the officerand the identity of the person to be retaken. All legal requirements to obtain extradition offugitives from justice are expressly waived on the part of states party hereto as to such persons. The decision of the sending state to retake a person on probation (or parole) shall be conclusiveupon and not reviewable within the receiving state; provided if at the time when a state seeks toretake a probationer or parolee there should be pending against him within the receiving state anycriminal charge, or he should be suspected of having committed within such state a criminaloffense, he shall not be retaken without the consent of the receiving state until discharged fromprosecution or from imprisonment for such offense.
(d) That the duly accredited officers of the sending state will be permitted to transportprisoners being retaken through any and all states parties to this compact without interference.
(e) That the governor of each state may designate an officer who, acting jointly with likeofficers of other contracting states, if and when appointed, shall promulgate such rules andregulations as may be deemed necessary to more effectively carry out the terms of this compact.
(f) That this compact shall become operative immediately upon its execution by any stateas between it and any other state or states so executing. When executed it shall have the fullforce and effect of law within such state, the form of execution to be in accordance with the lawsof the executing state.
(g) That this compact shall continue in force and remain binding upon each executingstate until renounced by it. That duties and obligations hereunder of a renouncing state shallcontinue as to parolees or probationers residing therein at the time of withdrawal until retaken orfinally discharged by the sending state. Renunciation of this compact shall be by the sameauthority which executed it, on sending six months' notice in writing of intention to withdrawfrom the compact to the other states party thereto.
Amended by Chapter 306, 2007 General Session