2006 Louisiana Laws - RS 15:574.14 — Compact for out of state parolee supervision; fees
(2) OUT OF STATE PAROLEE SUPERVISION
§574.14. Compact for out of state parolee supervision; fees
NOTE: Repealed by Acts 2001, No. 606, §2 if and when 35 states have enacted the Interstate Compact for Adult Offender Supervision.
A. The governor of this state may enter into a compact, on behalf of the State of Louisiana with any of the United States legally joining therein in the form substantially as follows:
Entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an Act entitled "An Act Granting the Consent of Congress to any two or more States to enter into Agreements or Compacts for Cooperative Effort and Mutual Assistance in the Prevention of Crime and for other purposes".
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact, (herein called "sending state") to permit any person convicted of an offense within that state and placed on probation or released on parole to reside in any other state party to this compact, (herein called "receiving state") while on probation or parole, if
(a) The person is in fact a resident of or has his family residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to the person being sent there.
Before granting permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of the person.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of the state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state. If at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within the State a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for the offense.
(4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
(5) That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate all rules and regulations which may be deemed necessary to more effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified it shall have the full force and effect of law within the state, the form of ratification to be in accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain binding upon each ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states parties hereto.
B. It is hereby declared that the term "state" as used in this section means any one of the several states and Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia. It is hereby recognized and further declared that pursuant to the consent and authorization contained in Section III(b) of Title 4 of the United States Code as added by Public Law 970-84th Congress, Chapter 941-2d Session, this state shall be a party to said Interstate Compact for the supervision of parolees and probationers with any additional jurisdiction legally joining therein when such jurisdiction shall have enacted said compact in accordance with the terms thereof.
C. The interstate compact administrator appointed pursuant to Paragraph (A)(5) of this Section shall promulgate rules and regulations for the assessment of a supervision fee not to exceed one hundred dollars to be paid by an out of state offender transferred into this state for supervision, pursuant to the provisions of the Compact for Out of State Parolee Supervision, as provided in this Section. The collection of the fee shall be to defray the costs associated with supervision and terms of the compact.
Amended by Acts 1958, No. 137, §1; Acts 1991, No. 119, §1; Acts 2001, No. 606, §2.
Disclaimer: These codes may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.