2005 Idaho Code - 38-1601 — INTERSTATE INMATE FIREFIGHTER COMPACT

                                  TITLE  38
                        FORESTRY, FOREST PRODUCTS AND
                              STUMPAGE DISTRICTS
                                  CHAPTER 16
                  INTERSTATE FOREST FIRE SUPPRESSION COMPACT
    38-1601.  INTERSTATE INMATE FIREFIGHTER COMPACT. The "Interstate Inmate
Firefighter Compact" is hereby enacted into law and entered into by this state
with any other states legally joining therein in the form substantially as
follows:

                  INTERSTATE FOREST FIRE SUPPRESSION COMPACT

                        ARTICLE I--Purpose and Policy

    The purpose of this compact is to provide for the development and
execution of programs to facilitate the use of offenders in the forest fire
suppression efforts of the party states for the ultimate protection of life,
property and natural resources in the party states. The purpose of this
compact is also, in emergent situations, to allow a sending state to cross
state lines with an inmate when, due to weather or road conditions, it is
necessary to cross state lines to facilitate the transport of an inmate.

                           ARTICLE II--Definitions

    As used in this compact, unless the context clearly requires otherwise:
    (1)  "Fire suppression unit" means a group of inmates selected by the
sending states, corrections personnel, and any other persons deemed necessary
for the transportation, supervision, care, security and discipline of inmates
to be used in forest fire suppression efforts in the receiving state.
    (2)  "Forest fire" means any fire burning in any land designated by a
party state or federal land management agencies as forest land.
    (3)  "Inmate" means a male or female offender who is under sentence to or
confined in a prison or other correctional institution.
    (4)  "Institution" means any prison, reformatory, honor camp, or other
correctional facility, except facilities for the mentally ill or mentally
handicapped, in which inmates may lawfully be confined.
    (5)  "Receiving state" means a state party to this compact to which a fire
suppression unit is traveling.
    (6)  "Sending state" means a state party to this compact from which a fire
suppression unit is traveling.

                            ARTICLE III--Contracts

    (1)  Each party state may make one or more contracts with any one or more
of the other party states for the assistance of one or more fire suppression
units in forest fire suppression efforts. Any such contract shall provide, for
matters as may be necessary and appropriate, to fix the obligations,
responsibilities and rights of the sending and receiving state.
    (2)  The terms and provisions of this compact shall be part of any
contract entered into by the authority of, or pursuant to, this compact.
Nothing in any such contract may be inconsistent with this compact.

                      ARTICLE IV--Procedures and Rights

    (1)  Each party state shall appoint a liaison for the coordination and
deployment of the fire suppression units of each party state.
    (2)  Whenever the duly constituted judicial or administrative authorities
in a state party to this compact, that has entered into a contract pursuant to
this compact, decides that the assistance of a fire suppression unit of a
party state is required for forest fire suppression efforts, such authorities
may request the assistance of one or more fire suppression units of any state
party to this compact through an appointed liaison.
    (3)  Inmates who are members of a fire suppression unit shall at all times
be subject to the jurisdiction of the sending state, and at all times shall be
under the ultimate custody of corrections officers duly accredited by the
sending state.
    (4)  The receiving state shall make adequate arrangements for the
confinement of inmates who are members of a fire suppression unit of a sending
state in the event corrections officers duly accredited by the sending state
make a discretionary determination that an inmate requires institutional
confinement.
    (5)  Cooperative efforts shall be made by corrections officers and
personnel of the receiving state, located at a fire camp, with the corrections
officers and other personnel of the sending state in the establishment and
maintenance of fire suppression unit base camps.
    (6)  All inmates who are members of a fire suppression unit of a sending
state shall be cared for and treated equally with such similar inmates of the
receiving state, as may be members of a fire suppression unit of the receiving
state.
    (7)  Further, in emergent situations, a sending state shall be granted
authority and all the protections of any compact under this chapter to cross
state lines with an inmate when, due to weather or road conditions, it is
necessary to facilitate the transport of an inmate.

        ARTICLE V--Acts Not Reviewable in Receiving State; Extradition

    (1)  If, while located within the territory of a receiving state, there
occurs against the inmate within such state any criminal charge or if the
inmate is suspected of committing, 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.
    (2)  An inmate member of a fire suppression unit of the sending state who
is deemed to have escaped by a duly accredited corrections officer of a
sending state shall be under the jurisdiction of both the sending state and
the receiving state. Nothing contained in any compact shall be construed to
prevent or affect the activities of officers and guards of any jurisdiction
directed toward the apprehension and return of an escapee.

                         ARTICLE VI--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 Idaho and any other
state.

                   ARTICLE VII--Withdrawal and Termination

    This compact shall continue in force and remain binding upon a party state
until it has 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.

                 ARTICLE VIII--Other Arrangements Unaffected

    Nothing contained in this compact may be construed to abrogate or impair
any agreement or other agreement that 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.

                  ARTICLE IX--Construction and Severability
    The provisions of this compact shall be liberally construed and shall be
severable. If any phrase, clause, sentence or provision of such 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.