2006 Ohio Revised Code - 5149.17. We are presenting two versions of RC § 5149.17 because the effective date is in question. This is the HB 428 (141 v  - ) version.

§ 5149.17. Interstate compact as to parolees and probationers.
 

The governor shall execute a compact on behalf of the state with any of the other states legally joining in a compact in the form substantially as follows: 
 

A compact entered into among the contracting states, signatories hereto, with the consent of the congress of the United States, granted by "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Cooperative Effort and Mutual Assistance in the Prevention of Crime and for other purposes," 48 Stat. 909 (1934), as repealed and reenacted, 4 U.S.C. 112, as amended by "An act extending to Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia the power to enter into certain interstate policies of the States," 70 Stat. 1020 (1956), 4 U.S.C. 112, and as amended by "An Act extending to Guam the power to enter into certain interstate compacts relating to the enforcement of the criminal laws and policies of the States," 76 Stat. 9 (1962), 4 U.S.C. 112. 
 

The contracting states solemnly agree that: 

(A) It shall be competent for the constituted judicial and administrative authorities of a sending state party to this compact to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other receiving state party to this compact while on probation or parole, if: 

(1) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there; 

(2) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there. 

Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person. 

A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such 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. 

(B) 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. 

(C) 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 from the sending state. 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 the 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; provided that if at the time when a sending state seeks to retake a probationer or parolee there should be pending against him with the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense. 

(D) 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. 

(E) The governor of each contracting state may designate an officer who, acting jointly with like officers of other contracting states, shall promulgate such rules and regulations as deemed necessary to carry out this compact. 

(F) This compact shall become operative immediately upon its execution by any state as between it and any other state so executing. When executed it shall have the full effect of law within such state, the form of execution to be in accordance with the laws of the executing state. 

(G) This compact shall continue in force and remain binding upon each executing state until renounced by such state. The duties and obligations 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 executed it, by sending six months' notice in writing of the intention to withdraw to the other states which are parties to the compact. 
 

HISTORY: 130 v PtII, 255 (Eff 3-18-65); 141 v H 428. Eff 12-23-86.
 

The provisions of § 4 of HB 269 (149 v  - ) read as follows: 

SECTION 4. By amending section 5149.18 and repealing section 5149.17 of the Revised Code in this act, Ohio hereby withdraws from the Interstate Compact for the Supervision of Parolees and Probationers. As described in division (G) of section 5149.17 of the Revised Code, Ohio's duties under that compact shall continue as to parolees or probationers residing in Ohio at the time of withdrawal until they are retaken or finally discharged by the sending state. Pursuant to division (G) of section 5149.17 of the Revised Code, the governor shall immediately send notice in writing of Ohio's intention to withdraw from the Interstate Compact for the Supervision of Parolees and Probationers to the other states that are parties to the compact. 

See provisions, § 3 of HB 269 (149 v  - ), following RC § 5149.18. 

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