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Subchapter 001: COMPACT
§ 9001. Purpose—Article I
The party states find that the proper and expeditious treatment of the mentally ill
and developmentally disabled can be facilitated by cooperative action, to the benefit
of the patients, their families, and society as a whole. Further, the party states
find that the necessity of and desirability for furnishing such care and treatment
bears no primary relation to the residence or citizenship of the patient but that,
on the contrary, the controlling factors of community safety and humanitarianism require
that facilities and services be made available for all who are in need of them. Consequently,
it is the purpose of this compact and of the party states to provide the necessary
legal basis for the institutionalization or other appropriate care and treatment of
the mentally ill and developmentally disabled under a system that recognizes the paramount
importance of patient welfare and to establish the responsibilities of the party states
in terms of such welfare. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
§ 9002. Definitions—Article II
As used in this compact:
(a) “Sending state” shall mean a party state from which a patient is transported pursuant
to the provisions of the compact or from which it is contemplated that a patient may
be so sent.
(b) “Receiving state” shall mean a party state to which a patient is transported pursuant
to the provisions of the compact or to which it is contemplated that a patient may
be so sent.
(c) “Institution” shall mean any hospital or other facility maintained by a party state
or political subdivision thereof for the care and treatment of mental illness or developmental
disability.
(d) “Patient” shall mean any person subject to or eligible as determined by the laws of
the sending state, for institutionalization or other care, treatment, or supervision
pursuant to the provisions of this compact.
(e) “Aftercare” shall mean care, treatment and services provided a patient, as defined
herein, on convalescent status or conditional release.
(f) “Mental illness” shall mean mental disease to such extent that a person so afflicted
requires care and treatment for his or her own welfare, or the welfare of others,
or of the community.
(g) “State” shall mean any state, territory or possession of the United States, the District
of Columbia, and the commonwealth of Puerto Rico. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
§ 9003. Institutionalization of patients—Article III
(a) Whenever a person physically present in any party state shall be in need of institutionalization
by reason of mental illness or developmental disability, he or she shall be eligible
for care and treatment in an institution in that state irrespective of his or her
residence, settlement, or citizenship qualifications.
(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any
patient may be transferred to an institution in another state whenever there are factors
based upon clinical determinations indicating that the care and treatment of said
patient would be facilitated or improved thereby. Any such institutionalization may
be for the entire period of care and treatment or for any portion or portions thereof.
The factors referred to in this paragraph shall include the patient’s family, character
of the illness and probable duration thereof, and such other factors as shall be considered
appropriate.
(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph
(b) of this article unless the sending state has given advance notice of its intention
to send the patient; furnished all available medical and other pertinent records concerning
the patient; given the qualified medical or other appropriate clinical authorities
of the receiving state an opportunity to examine the patient if said authorities so
wish; and unless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving state establish a system of priorities
for the admission of patients, an interstate patient under this compact shall receive
the same priority as a local patient and shall be taken in the same order and at the
same time that he or she would be taken if he or she were a local patient.
(e) Pursuant to this compact, the determination as to the suitable place of institutionalization
for a patient may be reviewed at any time and such further transfer of the patient
may be made as seems likely to be in the best interest of the patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
§ 9004. Aftercare and supervision—Article IV
(a) Whenever pursuant to the laws of the state in which a patient is physically present,
it shall be determined that the patient should receive aftercare or supervision, such
care or supervision may be provided in a receiving state. If the medical or other
appropriate clinical authorities having responsibility for the care and treatment
of the patient in the sending state shall have reason to believe that aftercare in
another state would be in the best interest of the patient and would not jeopardize
the public safety, they shall request the appropriate authorities in the receiving
state to investigate the desirability of affording the patient such aftercare in said
receiving state and such investigation shall be made with all reasonable speed. The
request for investigation shall be accompanied by complete information concerning
the patient’s intended place of residence and the identity of the person in whose
charge it is proposed to place the patient, the complete medical history of the patient
and such other documents as may be pertinent.
(b) If the medical or other appropriate clinical authorities having responsibility for
the care and treatment of the patient in the sending state and the appropriate authorities
in the receiving state find that the best interest of the patient would be served
thereby, and if the public safety would not be jeopardized thereby, the patient may
receive aftercare or supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms
of this article, a receiving state shall employ the same standards of visitation,
examination, care and treatment that it employs for similar local patients. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 9005. Escape of patients—Article V
Whenever a dangerous or potentially dangerous patient escapes from an institution
in any party state, that state shall promptly notify all appropriate authorities within
and without the jurisdiction of the escape in a manner reasonably calculated to facilitate
the speedy apprehension of the escapee. Immediately upon the apprehension and identification
of any such dangerous or potentially dangerous patient, he or she shall be detained
in the state where found pending disposition in accordance with law. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 9006. Transportation—Article VI
The duly accredited officers of any state party to this compact, upon the establishment
of their authority and the identity of the patient, shall be permitted to transport
any patient being moved pursuant to this compact through any and all states party
to this compact, without interference. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 9007. Costs— Article VII
(a) No person shall be deemed a patient of more than one institution at any given time.
Completion of transfer of any patient to an institution in a receiving state shall
have the effect of making the person a patient of the institution in the receiving
state.
(b) The sending state shall pay all costs of and incidental to the transportation of any
patient pursuant to this compact, but any two or more party states may, by making
a specific agreement for that purpose, arrange for a different allocation of costs
as among themselves.
(c) No provision of this compact shall be construed to alter or affect any internal relationships
among the departments, agencies, and officers of and in the government of a party
state or between a party state and its subdivisions, as to the payment of costs, or
responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any party state or subdivision
thereof from asserting any right against any person, agency or other entity in regard
to costs for which such party state or subdivision thereof may be responsible pursuant
to any provision of this compact.
(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement
between a party state and a nonparty state relating to institutionalization, care
or treatment of the mentally ill or developmentally disabled, or any statutory authority
pursuant to which such agreements may be made. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
§ 9008. Guardians—Article VIII
(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair
the rights, duties, and responsibilities of any patient’s guardian on his or her own
behalf or in respect of any patient for whom he or she may serve, except that where
the transfer of any patient to another jurisdiction makes advisable the appointment
of a supplemental or substitute guardian, any court of competent jurisdiction in the
receiving state may make such supplemental or substitute appointment and the court
that appointed the previous guardian shall, upon being duly advised of the new appointment
and upon the satisfactory completion of such accounting and other acts as such court
may by law require, relieve the previous guardian of power and responsibility to whatever
extent shall be appropriate in the circumstances; provided, however, that in the case
of any patient having settlement in the sending state, the court of competent jurisdiction
in the sending state shall have the sole discretion to relieve a guardian appointed
by it or continue his or her power and responsibility, whichever it shall deem advisable.
The court in the receiving state may, in its discretion, confirm or reappoint the
person or persons previously serving as guardian in the sending state in lieu of making
a supplemental or substitute appointment.
(b) The term “guardian” as used in paragraph (a) of this article shall include any guardian,
trustee, legal committee, conservator, or other person or agency, however denominated,
who is charged by law with power to act for or responsibility for the person or property
of a patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 9009. Criminal patients—Article IX
(a) No provision of this compact except Article V shall apply to any person institutionalized
while under sentence in a penal or correctional institution or while subject to trial
on a criminal charge, or whose institutionalization is due to the commission of an
offense for which, in the absence of mental illness or developmental disability, the
person would be subject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy of states party to this compact that
no patient shall be placed or detained in any prison, jail, or lockup, but the patient
shall, with all expedition, be taken to a suitable institutional facility for mental
illness or developmental disability. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
§ 9010. Compact administrator—Article X
(a) Each party state shall appoint a “compact administrator” who, on behalf of his or
her state, shall act as general coordinator of activities under the compact in his
or her state and who shall receive copies of all reports, correspondence and other
documents relating to any patient processed under the compact by his or her state
either in the capacity of sending or receiving state. The compact administrator or
his or her duly designated representative shall be the official with whom other party
states shall deal in any matter relating to the compact or any patient processed thereunder.
(b) The compact administrators of the respective party states shall have power to promulgate
reasonable rules and regulations to carry out more effectively the terms and provisions
of this compact. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 9011. Supplementary agreements—Article XI
The duly constituted administrative authorities of any two or more party states may
enter into supplementary agreements for the provision of any service or facility or
for the maintenance of any institution on a joint or cooperative basis whenever the
states concerned shall find that such agreements will improve services, facilities,
or institutional care and treatment in the fields of mental illness or developmental
disability. No such supplementary agreement shall be construed so as to relieve any
party state of any obligation that it otherwise would have under other provisions
of this compact. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
§ 9012. Adoption; effect—Article XII
This compact shall enter into full force and effect as to any state when enacted by
it into law and such state shall thereafter be a party thereto with any and all states
legally joining therein. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 9013. Withdrawal—Article XIII
(a) A state party to this compact may withdraw therefrom by enacting a statute repealing
the same. Such withdrawal shall take effect one year after notice thereof has been
communicated officially and in writing to the governors and compact administrators
of all other party states. However, the withdrawal of any state shall not change
the status of any patient who has been sent to said state or sent out of said state
pursuant to the provisions of the compact.
(b) Withdrawal from any agreement permitted by article VII(b) as to costs or from any
supplementary agreement made pursuant to article XI shall be in accordance with the
terms of such agreement. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 9014. Construction; separability of provisions—Article XIV
This compact shall be liberally construed so as to effectuate the purposes thereof.
The provisions of this compact shall be severable and if any phrase, clause, sentence,
or provision of this compact is declared to be contrary to the constitution of any
party 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 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
of any state party thereto, the compact shall remain in full force and effect as to
the remaining states and in full force and effect as to the state affected as to all
severable matters. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)