77-28a-1 - Compact entered into law -- Text of compact.
77-28a-1. Compact entered into law -- Text of compact.
The interstate compact on corrections as contained herein is enacted into law and enteredinto 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 fully utilize and improve their institutionalfacilities and provide adequate programs 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 co-operation with one another, thereby serving the bestinterests of such offenders and of society and effecting economies in capital expenditures andoperational costs. The purpose of this Compact is to provide for the mutual development andexecution of such programs of co-operation for the confinement, treatment and rehabilitation ofoffenders with the most economical use of human and material resources.
As used in this Compact, unless the context clearly requires otherwise:
(a) "State" means a state of the United States, the United States of America, a Territory orpossession of the United States, the District of Columbia, the Commonwealth of Puerto Rico;
(b) "Sending state" means a state party to this Compact in which conviction or courtcommitment 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 or court commitment was had;
(d) "Inmate" means a male or female offender who is committed, under sentence to orconfined in a penal or correctional institution;
(e) "Institution" means any penal or correctional facility, including but not limited to afacility for the mentally ill or mentally defective, in which inmates as defined in (d) above maylawfully be 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) 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 authorities in a state party to this Compact, and whichhas entered into a contract pursuant to Article III, shall decide that confinement in, or transfer ofan inmate to, an institution within the territory of another party state is necessary or desirable inorder to provide adequate quarters and care of an appropriate program of rehabilitation ortreatment, said officials may direct that the confinement be within an institution with the territoryof said other party state, the receiving state to act in that regard solely as agent for the sendingstate.
(b) The appropriate officials of any state party to this Compact shall have access, at allreasonable times, to any institution 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 official review of his or her record in determining and altering the disposition ofsaid inmate 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 treated equally withsuch similar inmates of the receiving state as may be confined in the same institution. The fact ofconfinement in a receiving state shall not deprive any inmate so confined of any legal rights whichsaid inmate would have had if confined in an appropriate institution of the sending state.
(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 shallprovide 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 act
solely as agents of the sending state and no final determination shall be made in any matter exceptby the appropriate officials of 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 the time the sending state seeks to remove an inmate from an institution inthe receiving state there is pending against the inmate within such state any criminal charge or ifthe inmate is formally accused of having committed within such state a criminal offense, theinmate shall not be returned without the consent of the receiving state until discharged fromprosecution or other form of proceeding, imprisonment or detention for such offense. The dulyaccredited officers of the sending state shall be permitted to transport inmates pursuant to thisCompact through 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 or rendition proceedings shall be that of thesending state, but nothing contained herein shall be construed to prevent or affect the activities ofofficers and agencies of any jurisdiction directed toward the apprehension and return of anescapee.
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 havemade 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 states. Thereafter, this Compact shall enter
into force and become effective and binding as to any other of said states upon similar action bysuch state.
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 one year 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 co-operative 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 participatingtherein, the Compact shall remain in full force and effect as to the remaining states and in fullforce and effect as to the state affected as to all severable matters.
An inmate must request a transfer in writing before such a transfer can be made pursuantto Article IV.
Enacted by Chapter 38, 1982 General Session