Section 259-M. Compacts with other states for out-of-state parolee supervision  


Latest version.
  • 1. The governor is hereby authorized and directed to enter
      into a compact on behalf of the state of New York with any state of  the
      United  States  legally  joining  therein  in  the form substantially as
      follows:
                                       A COMPACT
        Entered into by and among the contracting states, signatories  hereto,
      with  the  consent  of  the  Congress  of  the United States of America,
      granted by an act entitled "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."
        The contracting states solemnly agree:
        (1)  That  it shall be competent for the duly constituted judicial and
      administrative authorities of a state  party  to  this  compact  (herein
      called  "sending  state")  to  permit any person convicted of an offense
      within such state and placed on  probation  or  released  on  parole  to
      reside  in  any  other  state  party  to  this  compact  (herein  called
      "receiving state") while on probation or parole, if
        (a) Such person is in fact a resident of or has  his  family  residing
      within the receiving state and can obtain employment there;
        (b)  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.
        (2) That 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.
        (3)  That duly 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.  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
      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, however, that
      if at the time when a state seeks to retake  a  probationer  or  parolee
      there  should  be  pending  against  him  within 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.
        (4) That the duly 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.
        (5) That the governor of each state  may  designate  an  officer  who,
      acting  jointly  with  like officers of other contracting states, if and
      when appointed, shall promulgate such rules and regulations  as  may  be
    
      deemed  necessary  to  more  effectively  carry  out  the  terms of this
      compact.
        (6)  That  this  compact  shall  become operative immediately upon its
      ratification by any state as between it and any other state or states so
      ratifying.  When ratified it shall have the full force and effect of law
      within such state, the form of ratification to be in accordance with the
      laws of the ratifying state.
        (7) That this compact shall continue in force and remain binding  upon
      each  ratifying  state until renounced by it. The duties and obligations
      hereunder 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 ratified it, by sending six months'
      notice in writing of its intention to withdraw from the compact  to  the
      other states party hereto.
        2.  The  chairman of the board of parole shall have power and shall be
      charged with the duty of promulgating such rules and regulations as  may
      be  deemed necessary to carry out the terms of a compact entered into by
      the state pursuant to this section.
        3. If any section, sentence, subdivision or clause of this section  is
      for  any  reason  held  invalid or to be unconstitutional, such decision
      shall not affect the validity of the remaining portions of this section.
        4. This section may be cited  as  the  uniform  act  for  out-of-state
      parolee supervision.