2005 Nevada Revised Statutes - Chapter 215A — Interstate Corrections Compact

CHAPTER 215A - INTERSTATE CORRECTIONSCOMPACT

NRS 215A.010 Enactmentof Compact.

NRS 215A.020 Textof Compact.

NRS 215A.030 Commitmentby courts to institutions without State if State has entered into contracts.

NRS 215A.040 Enforcementof Compact.

NRS 215A.050 Hearings.

NRS 215A.060 Effectuationof States participation by contract.

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NRS 215A.010 Enactmentof Compact. The Interstate Corrections Compact,set forth in full in NRS 215A.020, ishereby enacted into law.

(Added to NRS by 1975, 992)

NRS 215A.020 Textof Compact. The Interstate Corrections Compactis as follows:

 

ARTICLE IPurpose and Policy

 

The party states, desiring by common action to fullyutilize and improve their institutional facilities and provide adequateprograms for the confinement, treatment and rehabilitation of various types ofoffenders, declare that it is the policy of each of the party states to providesuch facilities and programs on a basis of cooperation with one another,thereby serving the best interests of such offenders and of society and effectingeconomies in capital expenditures and operational costs. The purpose of thiscompact is to provide for the mutual development and execution of such programsof cooperation for the confinement, treatment and rehabilitation of offenderswith the most economical use of human and material resources.

 

ARTICLE IIDefinitions

 

As used in this compact, unless the context clearlyrequires otherwise:

(a) State means a state of the United States, theUnited States of America, a Territory or possession of the United States, theDistrict of Columbia, the Commonwealth of Puerto Rico.

(b) Sending state means a state party to this compactin which conviction or court commitment was had.

(c) Receiving state means a state party to thiscompact to which an inmate is sent for confinement other than a state in whichconviction 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 correctionalfacility, including but not limited to a facility for the mentally ill ormentally defective, in which inmates may lawfully be confined.

 

ARTICLE IIIContracts

 

(a) Each party state may make one or more contractswith any one or more of the other party states for the confinement of inmateson 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 thesending state for inmate maintenance, extraordinary medical and dentalexpenses, and any participation in or receipt by inmates of rehabilitative orcorrectional services, facilities, programs or treatment not reasonablyincluded as part of normal maintenance.

3. Participation in programs of inmate employment, ifany; the disposition or crediting of any payments received by inmates onaccount thereof; and the crediting of proceeds from or disposal of any productsresulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary andappropriate to fix the obligations, responsibilities and rights of the sendingand receiving states.

(b) The terms and provisions of this compact are a partof any contract entered into by the authority of or pursuant thereto, andnothing in any such contract shall be inconsistent therewith.

 

ARTICLE IVProcedures and Rights

 

(a) Whenever the duly constituted authorities in astate party to this compact, and which has entered into a contract pursuant toArticle III, shall decide that confinement in, or transfer of an inmate to, aninstitution within the territory of another party state is necessary ordesirable in order to provide adequate quarters and care or an appropriateprogram of rehabilitation or treatment, said officials may direct that theconfinement be within an institution within the territory of said other partystate, the receiving state to act in that regard solely as agent for thesending state.

(b) The appropriate officials of any state party tothis compact shall have access, at all reasonable times, to any institution inwhich it has a contractual right to confine inmates for the purpose ofinspecting the facilities thereof and visiting such of its inmates as may beconfined in the institution.

(c) Inmates confined in an institution pursuant to theterms of this compact shall at all times be subject to the jurisdiction of thesending state and may at any time be removed therefrom for transfer to a prisonor other institution within the sending state, for transfer to anotherinstitution in which the sending state may have a contractual or other right toconfine inmates, for release on probation or parole, for discharge, or for anyother purpose permitted by the laws of the sending state; provided, that thesending state shall continue to be obligated to such payments as may be requiredpursuant to the terms of any contract entered into under the terms of ArticleIII.

(d) Each receiving state shall provide regular reportsto each sending state on the inmates of that sending state in institutionspursuant to this compact including a conduct record of each inmate and certifysaid record to the official designated by the sending state, in order that eachinmate may have official review of his or her record in determining andaltering the disposition of said inmate in accordance with the law which mayobtain in the sending state and in order that the same may be a source ofinformation for the sending state.

(e) All inmates who may be confined in an institutionpursuant to the provisions of this compact shall be treated in a reasonable andhumane manner and shall be treated equally with such similar inmates of thereceiving state as may be confined in the same institution. The fact ofconfinement in a receiving state shall not deprive any inmate so confined ofany legal rights which said inmate would have had if confined in an appropriateinstitution of the sending state.

(f) Any hearing or hearings to which an inmate confinedpursuant to this compact may be entitled by the laws of the sending state maybe had before the appropriate authorities of the sending state, or of thereceiving state if authorized by the sending state. The receiving state shallprovide adequate facilities for such hearings as may be conducted by theappropriate officials of a sending state. In the event such hearing or hearingsare had before officials of the receiving state, the governing law shall bethat of the sending state and a record of the hearing or hearings as prescribedby the sending state shall be made. Said record together with anyrecommendations of the hearing officials shall be transmitted forthwith to theofficial or officials before whom the hearing would have been had if it hadtaken place in the sending state. In any and all proceedings had pursuant tothe provisions of this subdivision, the officials of the receiving state shallact solely as agents of the sending state and no final determination shall bemade in any matter except by the appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shallbe released within the territory of the sending state unless the inmate, andthe 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 thiscompact shall have any and all rights to participate in and derive any benefitsor incur or be relieved of any obligations or have such obligations modified orhis status changed on account of any action or proceeding in which he couldhave participated if confined in any appropriate institution of the sendingstate located within such state.

(i) The parent, guardian, trustee, or other person orpersons entitled under the laws of the sending state to act for, advise, orotherwise function with respect to any inmate shall not be deprived of orrestricted in his exercise of any power in respect of any inmate confinedpursuant to the terms of this compact.

 

ARTICLE VActs Not Reviewable in Receiving State;Extradition

 

(a) Any decision of the sending state in respect of anymatter over which it retains jurisdiction pursuant to this compact shall beconclusive upon and not reviewable within the receiving state, but if at thetime the sending state seeks to remove an inmate from an institution in thereceiving state there is pending against the inmate within such state anycriminal charge or if the inmate is formally accused of having committed withinsuch state a criminal offense, the inmate shall not be returned without the consentof the receiving state until discharged from prosecution or other form ofproceeding, imprisonment or detention for such offense. The duly accreditedofficers of the sending state shall be permitted to transport inmates pursuantto this compact through any and all states party to this compact withoutinterference.

(b) An inmate who escapes from an institution in whichhe is confined pursuant to this compact shall be deemed a fugitive from thesending state and from the state in which the institution is situated. In thecase of an escape to a jurisdiction other than the sending or receiving state,the responsibility for institution of extradition or rendition proceedingsshall be that of the sending state, but nothing contained herein shall be construedto prevent or affect the activities of officers and agencies of anyjurisdiction directed toward the apprehension and return of an escapee.

 

ARTICLE VIFederal Aid

 

Any state party to this compact may accept federal aidfor use in connection with any institution or program, the use of which is ormay be affected by this compact or any contract pursuant hereto and any inmatein a receiving state pursuant to this compact may participate in any suchfederally aided program or activity for which the sending and receiving stateshave made contractual provision; provided, that if such program or activity isnot part of the customary correctional regimen the express consent of theappropriate official of the sending state shall be required therefor.

 

ARTICLE VIIEntry Into Force

 

This compact shall enter into force and becomeeffective and binding upon the states so acting when it has been enacted intolaw by any two states. Thereafter, this compact shall enter into force andbecome effective and binding as to any other of said states upon similar actionby such state.

 

ARTICLE VIIIWithdrawal and Termination

 

This compact shall continue in force and remain bindingupon a party state until it shall have enacted a statute repealing the same andproviding for the sending of formal written notice of withdrawal from thecompact to the appropriate officials of all other party states. An actualwithdrawal shall not take effect until 1 year after the notices provided insaid statute have been sent. Such withdrawal shall not relieve the withdrawingstate from its obligations assumed hereunder prior to the effective date ofwithdrawal. Before the effective date of withdrawal, a withdrawing state shallremove to its territory, at its own expense, such inmates as it may haveconfined pursuant to the provisions of this compact.

 

ARTICLE IXOther Arrangements Unaffected

 

Nothing contained in this compact shall be construed toabrogate or impair any agreement or other arrangement which a party state mayhave with a nonparty state for the confinement, rehabilitation or treatment ofinmates nor to repeal any other laws of a party state authorizing the making ofcooperative institutional arrangements.

 

ARTICLE XConstruction and Severability

 

The provisions of the compact shall be liberallyconstrued and shall be severable. If any phrase, clause, sentence or provisionof this compact is declared to be contrary to the constitution of anyparticipating state or of the United States or the applicability thereof to anygovernment, agency, person or circumstance is held invalid, the validity of theremainder of this compact and the applicability thereof to any government,agency, person or circumstance shall not be affected thereby. If this compactshall be held contrary to the constitution of any state participating therein,the compact shall remain in full force and effect as to the remaining statesand in full force and effect as to the state affected as to all severablematters.

(Added to NRS by 1975, 992)

NRS 215A.030 Commitmentby courts to institutions without State if State has entered into contracts. Any court of this State having power to commit or transferan inmate, as defined in Article II(d) of the Interstate Corrections Compact,to any institution for confinement may commit or transfer such inmate to anyinstitution within or without this State if this State has entered into acontract or contracts for the confinement of inmates in such institutionpursuant to Article III of the Interstate Corrections Compact.

(Added to NRS by 1975, 996)

NRS 215A.040 Enforcementof Compact. The courts, departments, agenciesand officers of this state and its subdivisions shall enforce this Compact andshall do all things appropriate to the effectuation of its purposes and intentwhich may be within their respective jurisdictions, including, but not limitedto, the making and submission of such reports as are required by the Compact.

(Added to NRS by 1975, 996)

NRS 215A.050 Hearings. Any state officers who may be charged with holding anyhearings contemplated by this Compact are hereby authorized and directed tohold such hearings as may be requested by any other party state pursuant toArticle IV(f) of the Interstate Corrections Compact.

(Added to NRS by 1975, 996)

NRS 215A.060 Effectuationof States participation by contract. Anystate officer who may be charged with the disposition or care of an inmate, asdefined in Article II(d) of the Interstate Corrections Compact, is herebyempowered to enter into such contracts on behalf of this State as may beappropriate to implement the participation of this State in the InterstateCorrections Compact pursuant to Article III thereof. No such contract shall beof any force or effect until approved by the State Board of Examiners.

(Added to NRS by 1975, 996)

 

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