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196.610 Interstate Corrections Compact.
The Interstate Corrections 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 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 expenditure 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:
(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 individuals with an intellectual disability, in which
inmates as defined in (d) 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 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 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
of 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 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.
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 the 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 the 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 arrangements 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.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 25, effective July 12, 2012. -Amended 1988 Ky. Acts ch. 283, sec. 4, effective July 15, 1988. -- Created 1970
Ky. Acts ch. 154, sec. 3.
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