2006 New Mexico Statutes - Section 32A-10-3 — Out-of-state confinement amendment — (Contingent repeal, see note.)

32A-10-3. Out-of-state confinement amendment. (Contingent repeal, see note.)

The out-of-state confinement amendment to the Interstate Compact on Juveniles [ 32A-10-1 NMSA 1978] is entered into with all other jurisdictions legally joining therein in a form substantially as follows:     AMENDMENT TO INTERSTATE COMPACT ON JUVENILES CONCERNING OUT-OF-STATE CONFINEMENT 

A.     Whenever the duly constituted judicial or administrative authorities in a sending state determine that confinement of a probationer or reconfinement of a parolee is necessary or desirable, the officials may direct that the confinement or reconfinement be in an appropriate institution for delinquent juveniles within the territory of the receiving state, the receiving state to act in that regard solely as agent for the sending state.   

B.     Escapees and absconders who would otherwise be returned pursuant to Article 5 of the compact may be confined or reconfined in the receiving state pursuant to this amendment. In any such case, the information and allegations required to be made and furnished in a requisition pursuant to Article 5 shall be made and furnished, but in place of the demand pursuant to Article 5, the sending state shall request confinement or reconfinement in the receiving state. Whenever applicable, detention orders as provided in Article 5 may be employed pursuant to this subarticle preliminary to disposition of the escapee or absconder.   

C.     The confinement or reconfinement of a parolee, probationer, escapee or absconder pursuant to this amendment shall require the concurrence of the appropriate judicial or administrative authorities of the receiving state.   

D.     As used in this amendment:   

(1)     "sending state" means sending state as that term is used in Article 7 of the compact, or the state from which a delinquent juvenile has escaped or absconded within the meaning of Article 5 of the compact; and   

(2)     "receiving state" means any state, other than the sending state, in which a parolee, probationer, escapee or absconder may be found, provided that said state is a party to this amendment.   

E.     Every state which adopts this amendment shall designate at least one of its institutions for delinquent juveniles as a "compact institution" and shall confine persons therein as provided in Subarticle A hereof unless the sending and receiving states in question make specific contractual arrangements to the contrary. All states party to this amendment shall have access to compact institutions at all reasonable hours for the purpose of inspecting the facilities thereof and for the purpose of visiting the state's delinquents confined in the institution.   

F.     Persons confined in compact institutions 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 from the compact institution for transfer to an appropriate institution within the sending state, for return to probation or parole, for discharge or for any purpose permitted by the laws of the sending state.   

G.     All persons confined in a compact institution pursuant to the provisions of this amendment shall be treated in a reasonable and humane manner. The fact of confinement or reconfinement in a receiving state shall not deprive any person so confined or reconfined of any rights which the person would have had if confined or reconfined in an appropriate institution of the sending state; nor shall any agreement to submit to confinement or reconfinement pursuant to the terms of this amendment be construed as a waiver of any rights which the delinquent would have had if he had been confined or reconfined in any appropriate institution of the sending state except that the hearing or hearings, if any, to which a parolee, probationer, escapee or absconder may be entitled, prior to confinement or reconfinement, by the laws of the sending state may be had before the appropriate judicial or administrative officers of the receiving state. In this event, said judicial and administrative officers shall act as agents of the sending state after consultation with appropriate officers of the sending state.   

H.     Any receiving state incurring costs or other expenses under this amendment shall be reimbursed in the amount of such costs or other expenses by the sending state unless the states concerned specifically otherwise agree. Any two or more states party to this amendment may enter into supplementary agreements determining a different allocation of costs among themselves.   

I.     This amendment shall take initial effect when entered into by any two or more states party to the compact and shall be effective as to those states which have specifically enacted this amendment. Rules and regulations necessary to effectuate the terms of this amendment may be promulgated by the appropriate officers of those states which have enacted this amendment.