HRS §355D-1 Interstate Corrections Compact
355D-1. Interstate Corrections Compact
The Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of the State of Hawaii with any and all other states legally joining therein in the form substantially as follows:
INTERSTATE
CORRECTIONS COMPACT
ARTICLE I
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 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
As used in this compact, unless the context
clearly requires otherwise:
"Inmate" means a male or female
offender who is committed, under sentence to or confined in a penal or
correctional institution.
"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 this section may
lawfully be confined.
"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.
"Sending state" means a state party
to this compact in which conviction or court commitment was had.
"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; and the Commonwealth of Puerto Rico.
ARTICLE
III
(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
(a) Whenever the appropriate authority 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, the appropriate authority may direct
that the confinement be within an institution within the territory of the 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 that record to the authority designated by the sending state, in
order that each inmate may have official review of the inmate's record in
determining and altering the disposition of the 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 authority 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
appropriate authority of a sending state. In the event such hearing or
hearings are had before an authority 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. The record together with any
recommendations of the hearing authority shall be transmitted forthwith to the
authority 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 authority of the receiving state shall act solely as
agent of the sending state and no final determination shall be made in any
matter except by the appropriate authority 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 the inmate's status changed on account of any action or proceeding
in which the inmate 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 the person's exercise of any power in respect of any inmate
confined pursuant to the terms of this compact.
ARTICLE V
(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 the inmate 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 constructed to prevent or affect the activities of officers and agencies
of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
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 provision, provided that if such program or
activity is not part of the customary correctional regimen, the express consent
of the appropriate authority of the sending state shall be required therefor.
ARTICLE
VII
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 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
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 authority 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
Nothing contained in this compact shall be
construed to abrogate or impair 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 cooperative institutional arrangements.
ARTICLE X
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.
[L 1996, c 57, pt of §1]