Nrs: Chapter 215A - Interstate Corrections Compact

Link to law: https://www.leg.state.nv.us/NRS/NRS-215A.html
Published: 2015

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[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.

_________

_________

 

      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)