Title 42, Chapter 11, Section 2
( 42-11-2)
The Interstate Corrections Compact is enacted into law and entered
into by this state with any other states legally joining therein in
the form substantially as follows: INTERSTATE CORRECTIONS COMPACT
Article I. Purpose and Policy. 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. Article II. Definitions. As used in this Compact, unless the context clearly requires
otherwise: (1) "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; (2) "Sending State" means a State party to this Compact in which
conviction or court commitment was had; (3) "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 a court commitment was had; (4) "Inmate" means a male or female offender who is committed, under
sentence to or confined in a penal or correctional institution; (5) "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 (4) above may
lawfully be confined. Article III. Contracts. (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. Article IV. Procedures and Rights. (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 Contract
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
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 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
manner 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 status changed on account of any action or
proceeding in which he 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 to any
inmate confined pursuant to the terms of this Compact. Article V. Acts Not Reviewable in Receiving
State; Extradition. (a) Any decision of the sending State in respect to 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. Article VI. Federal Aid. 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
provisions; provided, that if such program or activity is not part
of the customary correctional regimen, express consent of the
appropriate official of the sending State shall be required
therefor. Article VII. Entry Into Force. 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. Article VIII. Withdrawal and Termination. 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. Article IX. Other Arrangements Unaffected. 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 non-party 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. Article X. Construction and Severability. 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. |