[Rev. 11/21/2013 10:09:26
AM--2013]
CHAPTER 215A - INTERSTATE CORRECTIONS
COMPACT
NRS 215A.010 Enactment
of Compact.
NRS 215A.020 Text
of Compact.
NRS 215A.030 Commitment
by courts to institutions without State if State has entered into contracts.
NRS 215A.040 Enforcement
of Compact.
NRS 215A.050 Hearings.
NRS 215A.060 Effectuation
of State’s participation by contract.
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NRS 215A.010 Enactment of Compact. The
Interstate Corrections Compact, set forth in full in NRS
215A.020, is hereby enacted into law.
(Added to NRS by 1975, 992)
NRS 215A.020 Text of Compact. The
Interstate Corrections Compact is as follows:
ARTICLE I—Purpose and Policy
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—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 Columbia, the Commonwealth of Puerto Rico.
(b) “Sending state” means a state party to this
compact in which conviction 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 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 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 are
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—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 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 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 or her 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 exercise 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 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 construed to prevent or affect the activities of officers and agencies
of any jurisdiction 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 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 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 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—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 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 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—Construction and Severability
The provisions of the 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.
(Added to NRS by 1975, 992)
NRS 215A.030 Commitment by courts to institutions without State if State has
entered into contracts. Any court
of this State having power to commit or transfer an inmate, as defined in
Article II(d) of the Interstate Corrections Compact, to any institution for
confinement may commit or transfer such inmate to any institution within or
without this State if this State has entered into a contract or contracts for
the confinement of inmates in such institution pursuant to Article III of the
Interstate Corrections Compact.
(Added to NRS by 1975, 996)
NRS 215A.040 Enforcement of Compact. The
courts, departments, agencies and officers of this state and its subdivisions
shall enforce this Compact and shall do all things appropriate to the
effectuation of its purposes and intent which may be within their respective
jurisdictions, including, but not limited to, the making and submission of such
reports as are required by the Compact.
(Added to NRS by 1975, 996)
NRS 215A.050 Hearings. Any state
officers who may be charged with holding any hearings contemplated by this
Compact are hereby authorized and directed to hold such hearings as may be
requested by any other party state pursuant to Article IV(f) of the Interstate
Corrections Compact.
(Added to NRS by 1975, 996)
NRS 215A.060 Effectuation of State’s participation by contract. Any state officer who may be charged with the
disposition or care of an inmate, as defined in Article II(d) of the Interstate
Corrections Compact, is hereby empowered to enter into such contracts on behalf
of this State as may be appropriate to implement the participation of this
State in the Interstate Corrections Compact pursuant to Article III thereof. No
such contract shall be of any force or effect until approved by the State Board
of Examiners.
(Added to NRS by 1975, 996)
