Section 104. Procedures and rights  


Latest version.
  • (a)  Whenever  the duly constituted
      authorities in a state party to this compact, and which has entered into
      a contract pursuant to section one hundred three of this article,  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
      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;  provide 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 contained in section one hundred three of
      this article.
        (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  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 authorities 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  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  of 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  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  his  exercise  of  any  power  in  respect to any inmate
      confined pursuant to the terms of this compact.