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Subchapter 001: THE COMPACT
§ 1601. Purpose and policy—Article I
The party states, desiring by common action to fully utilize and improve their institutional
facilities and provide adequate programs for the confinement, treatment and rehabilitation
of various types of offenders, declare that it is the policy of each of the party
states to provide such facilities and programs on a basis of cooperation with one
another, thereby serving the best interests of such offenders and of society and effecting
economies in capital expenditures and operational costs. The purpose of this compact
is to provide for the mutual development and execution of such programs of cooperation
for the confinement, treatment and rehabilitation of offenders with the most economical
use of human and material resources. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)
§ 1602. Definitions—Article II
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
or possession 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 court commitment
was had.
(c) “Receiving state” means a state party to this compact to which an inmate is sent for
confinement 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 or confined
in a penal or correctional institution.
(e) “Institution” means any penal or correctional facility, including but not limited
to a facility for the mentally ill or mentally defective, in which inmates as defined
in subsection (d) above may lawfully be confined. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)
§ 1603. Contracts—Article III
(a) Each party state may make one or more contracts with any one or more of the other
party states for the confinement of inmates on behalf of a sending state in institutions
situated within 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 inmate maintenance,
extraordinary medical and dental expenses, and any participation in or receipt by
inmates of rehabilitative or correctional services, facilities, programs, or treatment
not reasonably included as part of normal maintenance.
(3) Participation in programs of inmate employment, if any; the disposition or crediting
of any payments received by inmates on account thereof; and the crediting of proceeds
from or disposal 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 into
by the authority of or pursuant thereto, and nothing in any such contract shall be
inconsistent therewith. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)
§ 1604. Procedures and rights—Article IV
(a) Whenever the duly constituted authorities in a state party to this compact, and which
has entered into a contract pursuant to Article III, shall decide that confinement
in, or transfer of an inmate to, an institution within the territory of another party
state is necessary or desirable in order to provide adequate quarters and care or
an appropriate program of rehabilitation or treatment, said officials may direct that
the confinement be within an institution within the territory of said other party
state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at
all reasonable times, to any institution in which it has a contractual right to confine
inmates for the purpose of inspecting the facilities thereof and visiting such of
its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at
all times be subject to the jurisdiction of the sending state and may at any time
be removed therefrom for transfer to a prison or other institution within the sending
state, for transfer to another institution in which the sending state may have a contractual
or other right to confine inmates, for release on probation or parole, for discharge,
or for any other purpose permitted by the laws of the sending state; provided that
the sending state shall continue to be obligated to such payments as may be required
pursuant to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending state on the inmates
of that sending state in institutions pursuant to this compact including a conduct
record of each inmate and certify said record to the official designated by the sending
state, in order that each inmate may have official review of his or her record in
determining and altering the disposition of said inmate in accordance with the law
which may obtain in the sending state and in order that the same 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 this
compact shall be treated in a reasonable and humane manner and shall be treated equally
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 legal rights which said 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 be
entitled by the laws of the sending state may be had before the appropriate authorities
of the sending 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 a sending 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 as prescribed
by the sending state shall be made. Said record together with any recommendations
of the hearing officials shall be transmitted forthwith to the official or officials
before whom the hearing would have been had if it had taken place in the sending state.
In any and all proceedings had 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 except by the appropriate officials
of the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory
of the sending state unless the inmate, and the sending and receiving states, shall
agree upon release in 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 all rights
to participate in and derive any benefits or incur or be relieved of any obligations
or have such obligations modified or his or her status changed on account of any action
or proceeding in which he or she could have participated if confined in any appropriate
institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws
of the sending state to act for, advise, or otherwise function with respect to any
inmate shall not be deprived of or restricted in his exercise of any power in respect
of any inmate confined pursuant to the terms of this compact. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)
§ 1605. Acts not reviewable in receiving state: extradition—Article V
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction
pursuant to this compact shall be conclusive upon and not reviewable within the receiving
state, but if at the time the sending state seeks to remove an inmate from an institution
in the receiving state there is pending against the inmate within such state any criminal
charge or if the inmate is formally accused of having committed within such state
a criminal offense, the inmate shall not be returned without the consent of the receiving
state until discharged from prosecution or other form of proceeding, imprisonment
or detention for such offense. The duly accredited officers of the sending state
shall be permitted to transport inmates pursuant to this compact 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 this
compact shall be deemed a fugitive from the sending state and from the state in which
the institution is situated. In the case of an escape to a jurisdiction other than
the sending or receiving state, the responsibility for institution of extradition
or rendition proceedings shall be that of the sending state, but nothing contained
herein shall be construed to prevent or affect the activities of officers and agencies
of any jurisdiction directed toward the apprehension and return of an escapee. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)
§ 1606. Federal aid—Article VI
Any state party to this compact may accept federal aid for use in connection with
any institution or program, the use of which is or may be affected by this compact
or any contract pursuant hereto and any inmate in a receiving state pursuant to this
compact may participate in any 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 customary correctional regimen the express
consent of the appropriate official of the sending state shall be required therefor. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)
§ 1607. Entry into force—Article VII
This compact shall enter into force and become effective and binding upon the states
so acting 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 by such state. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)
§ 1608. Withdrawal and termination—Article VIII
This compact shall continue in force and remain binding upon a party state until it
shall have enacted a statute repealing the same and providing for the sending of formal
written notice of withdrawal from the compact to the appropriate officials of all
other party states. An actual withdrawal shall not take effect until one year after
the notices provided in said statute have been sent. Such withdrawal shall not relieve
the withdrawing state from its obligations assumed hereunder prior to the effective
date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall
remove to its territory, at its own expense, such inmates as it may have confined
pursuant to the provisions of this compact. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)
§ 1609. Other arrangements unaffected—Article IX
Nothing contained in this compact shall be construed to abrogate or impair any agreement
or other arrangement which a party state may have with a nonparty state for the confinement,
rehabilitation, or treatment of inmates nor to repeal any other laws of a party state
authorizing the making of cooperative institutional arrangements. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)
§ 1610. Construction and severability—Article X
The provisions of this compact shall be liberally construed and shall be severable.
If any phrase, clause, sentence, or provision of this compact is declared to be contrary
to the constitution of 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 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 participating therein, 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 1969, No. 13, § 1, eff. Feb. 28, 1969.)