20-701. 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 im-
prove 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 expenditures 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 Co-
lumbia; the Commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which convic-
tion 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 mentally defective, 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 send-
ing state in institutions situated within receiving states. Any such con-
tract 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 par-
ticipation in or receipt by inmates of rehabilitative or correctional ser-
vices, facilities, programs or treatment not reasonably included as part of
normal maintenance.
3. Participation in programs of inmate employment, if any; the disposi-
tion or crediting of any payments received by inmates on account thereof; and
the crediting of proceeds from or disposal of any products resulting there-
from.
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 con-
tract 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 fa-
cilities 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 of this act.
(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 re-
ceiving 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 ad-
equate 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 at 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 partic-
ipated if confined in any appropriate institution of the sending state lo-
cated 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 exer-
cise 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 re-
sponsibility 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 jurisdic-
tion 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 connec-
tion 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 con-
tractual provision, 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 law by any two (2)
states. Thereafter, this compact shall enter into force and become effec-
tive 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 (1) 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 im-
pair any agreement or other arrangement which 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 coop-
erative institutional arrangements.
All contracts made pursuant to section 20-705, Idaho Code, prior to the
effective date of this act are hereby ratified according to their terms and
conditions for the life of such contracts.
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.
ARTICLE XI--POWERS
The board of correction is hereby authorized and directed to do all
things necessary or incidental to the carrying out of the compact in every
particular and may in its discretion delegate this authority to the director
of corrections; provided, however, that any contract on behalf of this state
to implement the participation of this state in this compact shall not be of
any force or effect until approved by the board of examiners.
[I.C., sec. 20-701, as added by 1974, ch. 249, sec. 2, p. 1638.]