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Texas Code of Criminal Procedure - Article 42.11. Uniform Act For Out-Of-State Probationer And Parolee Supervision
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Art. 42.11. [781C] UNIFORM ACT FOR OUT-OF-STATE PROBATIONER
AND PAROLEE SUPERVISION. Sec. 1. This Act may be cited as the
Uniform Act for out-of-State probationer and parolee supervision.
Sec. 2. The Governor of this State is hereby authorized and
directed to execute a compact on behalf of the State of Texas with
any of the United States legally joining therein in the form
substantially as follows:
Entering into by and among the contracting state, 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".
A COMPACT
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; and
(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 any 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 party 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 execution by any State as between it and other State or
States so executing. When executed it shall have the full force and
effect of law within such State, the form of execution to be in
accordance with the laws of the executing State.
(7) That this compact shall continue in force and remain
binding upon each executing 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 executed it, by sending six months notice in writing of its
intention to withdraw from the compact to the other States party
hereto.
Sec. 3. The title of the officer designated by the Governor
under Subdivision (5) of the compact is the Interstate Compact
Administrator for Probation and Parole. The Interstate Compact
Administrator is authorized to appoint two Deputy Interstate
Compact Administrators, with one deputy primarily responsible for
issues dealing with probationers and the other primarily
responsible for issues dealing with parolees. The executive
director of the Texas Department of Criminal Justice or the
executive director's designee is authorized and directed to do all
things necessary or incidental to the carrying out of the compact in
every particular.
Sec. 3a. Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 17,
Sec. 7.01(27), eff. Nov. 12, 1991.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 547, ch. 233, Sec. 1, eff. Aug. 27, 1973; Acts 1977,
65th Leg., p. 1851, ch. 735, Sec. 2.134, eff. Aug. 29, 1977.
Sec. 3a amended by Acts 1985, 69th Leg., ch. 479, Sec. 162, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 939, Sec. 1, eff. Sept. 1,
1987; repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
7.01(27), eff. Nov. 12, 1991; Sec. 1 amended by Acts 1995, 74th
Leg., ch. 321, Sec. 3.002, eff. Sept. 1, 1995; Sec. 3 amended by
Acts 1997, 75th Leg., ch. 514, Sec. 1, eff. May 31, 1997.
Article: 42.038 42.04 42.05 42.07 42.08 42.09 42.10 42.11 42.111 42.12 42.122. The adult probation officer of the 222nd
Judicial District receives a salary of not less than $15,000 per
annum. Also, the probation officer receives allowances, not to
exceed the amount allowed by the federal government for traveling
the most practical route to and from the place where the duties are
discharged, for his necessary travel and hotel expenses. Upon the
sworn statement of the officer, approved by the judge, the
respective counties of the judicial district pay the expenses
incurred for their regular or special term of court out of the
general county fund. In lieu of travel allowances the
commissioners court of each county, by agreement, may provide
transportation under the same terms and conditions as provided for
sheriffs.
Added by Acts 1985, 69th Leg., ch. 480, Sec. 18, eff. Sept 42.14 42.141 42.15 42.151
Last modified: August 11, 2007
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