77-28-1 - Compact enacted into law -- Text of compact.
77-28-1. Compact enacted into law -- Text of compact.
The Western Interstate Corrections Compact as contained herein is enacted into law andentered into on behalf of this state with any and all other states legally joining therein in a formsubstantially as follows:
The party states, desiring by common action to improve their institutional facilities andprovide programs of sufficiently high quality for the confinement, treatment and rehabilitation ofvarious types of offenders, declare that it is the policy of each of the party states to provide suchfacilities and programs on a basis of cooperation with one another, thereby serving the bestinterests of such offenders and of society. The purpose of this compact is to provide for thedevelopment and execution of such programs of cooperation for the confinement, treatment andrehabilitation of offenders.
As used in this compact, unless the context clearly requires otherwise:
(a) "State" means a state of the United States or, subject to the limitation contained inArticle VII, Guam.
(b) "Sending state" means a state party to this compact in which conviction was had.
(c) "Receiving state" means a state party to this compact to which an inmate is sent forconfinement other than a state in which conviction was had.
(d) "Inmate" means a male or female offender who is under sentence to or confined in aprison or other correctional institution.
(e) "Institution" means any prison, reformatory or other correctional facility (including butnot limited to a facility for the mentally ill or mentally defective) in which inmates may lawfullybe confined.
(a) Each party state may make one or more contracts with any one or more of the otherparty states for the confinement of inmates 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 sending state for inmatemaintenance, extraordinary medical and dental expenses, and any participation in or receipt byinmates of rehabilitative or correctional services, facilities, programs or treatment not reasonablyincluded as part of normal maintenance.
(3) Participation in programs of inmate employment, if any; the disposition or crediting ofany payments received by inmates on account thereof; and the crediting of proceeds from ordisposal 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) Prior to the construction or completion of construction of any institution or additionthereto by a party state, any other party state or states may contract therewith for the enlargementof the planned capacity of the institution or addition thereto, or for the inclusion therein of
particular equipment or structures, and for the reservation of a specific percentum of the capacityof the institution to be kept available for use by inmates of the sending state or states socontracting. Any sending state so contracting may, to the extent that monies are legally availabletherefor, pay to the receiving state, a reasonable sum as consideration for such enlargement ofcapacity, or provision of equipment or structures, and reservation of capacity. Such payment maybe in a lump sum or in installments as provided in the contract.
(c) The terms and provisions of this compact shall be a part of any contract entered intoby the authority of or pursuant thereto, and nothing in any such contract shall be inconsistenttherewith.
(a) Whenever the duly constituted judicial or administrative authorities in a state party tothis compact, and which has entered into a contract pursuant to Article III, shall decide thatconfinement in, or transfer of an inmate to, an institution within the territory of another party stateis necessary in order to provide adequate quarters and care or desirable in order to provide anappropriate program of rehabilitation or treatment, said officials may direct that the confinementbe within an institution within the territory of said other party state, the receiving state to act inthat regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at allreasonable times, to any institutions in which it has a contractual right to confine inmates for thepurpose of inspecting the facilities thereof and visiting such of its inmates as may be confined inthe institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at alltimes be subject to the jurisdiction of the sending state and may at any time be removed therefromfor transfer to a prison or other institution within the sending state, for transfer to anotherinstitution in which the sending state may have a contractual or other right to confine inmates, forrelease on probation or parole, for discharge, or for any other purpose permitted by the laws ofthe sending state; provided that the sending state shall continue to be obligated to such paymentsas may be required pursuant to the terms of any contract entered into under the terms of ArticleIII.
(d) Each receiving state shall provide regular reports to each sending state on the inmatesof that sending state in institutions pursuant to this compact including a conduct record of eachinmate and certify said record to the official designated by the sending state, in order that eachinmate may have the benefit of his or her record in determining and altering the disposition of saidinmate in accordance with the law which may obtain in the sending state and in order that thesame may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of thiscompact shall be treated in a reasonable and humane manner and shall be cared for and treatedequally 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 legalrights which said inmate would have had if confined in an appropriate institution of the sendingstate.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may beentitled by the laws of the sending state may be had before the appropriate authorities of thesending 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 asending 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 asprescribed by the sending state shall be made. Said record together with any recommendations ofthe hearing officials shall be transmitted forthwith to the official or officials before whom thehearing would have been had if it had taken place in the sending state. In any and all proceedingshad pursuant to the provisions of this subdivision, the officials of the receiving state shall actsolely as agents of the sending state and no final determination shall be made in any matter exceptby the appropriate officials of the sending state. Costs of records made pursuant to thissubdivision shall be borne by the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory ofthe sending state unless the inmate, and the sending and receiving states, shall agree upon releasein some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and allrights to participate in and derive any benefits or incur or be relieved of any obligations or havesuch obligations modified or his status changed on account of any action or proceeding in whichhe could have participated if confined in any appropriate institution of the sending state locatedwithin such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of thesending state to act for, advise, or otherwise function with respect to any inmate shall not bedeprived of or restricted in his exercise of any powers in respect of any inmate confined pursuantto the terms of this compact.
(a) Any decision of the sending state in respect of any matter over which it retainsjurisdiction pursuant to this compact shall be conclusive upon and not reviewable within thereceiving state, but if at any time the sending state seeks to remove an inmate from an institutionin the receiving state there is pending against the inmate within such state any criminal charge orif the inmate is suspected of having committed within such state a criminal offense, the inmateshall not be returned without the consent of the receiving state until discharged from prosecutionor other form of proceeding, imprisonment or detention for such offense. The duly accreditedofficers of the sending state shall be permitted to transport inmates pursuant to this compactthrough any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined pursuant to thiscompact shall be deemed a fugitive from the sending state and from the state in which theinstitution is situated. In the case of an escape to a jurisdiction other than the sending or receivingstate, the responsibility for institution of extradition proceedings shall be that of the sending state,but nothing contained herein shall be construed to prevent or affect the activities of officers andagencies of any jurisdiction directed toward the apprehension and return of an escapee.
Any state party to this compact may accept federal aid for use in connection with anyinstitution or program, the use of which is or may be affected by this compact or any contractpursuant hereto and any inmate in a receiving state pursuant to this compact may participate inany 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 customarycorrectional regimen the express consent of the appropriate official of the sending state shall berequired therefor.
This compact shall enter into force and become effective and binding upon the states soacting when it has been enacted into law by any two contiguous states from among the states ofAlaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, NewMexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska andHawaii shall be deemed contiguous to each other; to any and all of the states of California,Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and becomeeffective and binding as to any other of said states, or any other state contiguous to at least oneparty state upon similar action by such state. Guam may become party to this compact by takingaction similar to that provided for joinder by any other eligible party state and upon the consent ofcongress to such joinder. For the purpose of this article, Guam shall be deemed contiguous toAlaska, Hawaii, California, Oregon and Washington.
This compact shall continue in force and remain binding upon a party state until it shallhave enacted a statute repealing the same and providing for the sending of formal written noticeof withdrawal from the compact to the appropriate officials of all other party states. An actualwithdrawal shall not take effect until two years after the notices provided in said statute have beensent. Such withdrawal shall not relieve the withdrawing state from its obligations assumedhereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, awithdrawing state shall remove to its territory, at its own expense, such inmates as it may haveconfined pursuant to the provisions of this compact.
Nothing contained in this compact shall be construed to abrogate or impair any agreementor other arrangement which a party state may have with a non-party state for the confinement,rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing themaking of cooperative institutional arrangements.
The provisions of this compact shall be liberally construed and shall be severable. If anyphrase, clause, sentence or provision of this compact is declared to be contrary to the constitutionof 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 andthe applicability thereof to any government, agency, person or circumstance shall not be affectedthereby. 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 andeffect as to the state affected as to all severable matters.
Enacted by Chapter 15, 1980 General Session