Texas Code of Criminal Procedure - Article 42.19. Interstate Corrections Compact
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Art. 42.19. INTERSTATE CORRECTIONS COMPACT.
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 as defined in (d) above 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 shall be 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, such official may direct that the
confinement be within an institution within the territory of such
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 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. However, 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 who are in
institutions pursuant to this compact including a conduct record of
each inmate and shall certify such 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 the 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 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 the 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
hearing 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. The 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 paragraph (f), 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 this compact shall have
any rights 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
of any inmate confined pursuant to the terms of this compact.
Article V. Act 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 officer 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 he is
confined pursuant to this compact shall be deemed a fugitive from
the sending state and from the state in which the institution
escaped from 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 thereto.
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. However, 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 such 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
compact 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 one year after the notices provided in the 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 withdrawal
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 an 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
(a) The provisions of this 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.
(b) Powers. The director of the Texas Department of
Corrections is authorized and directed to do all things necessary
or incidental to the carrying out of the compact in every
particular.
Added by Acts 1985, 69th Leg., ch. 24, Sec. 1, eff. Jan. 1, 1986.
Renumbered from art. 42.18 by Acts 1987, 70th Leg., ch. 167, Sec.
5.01(a)(9), eff. Sept. 1, 1987.
Article: 42.14 42.141 42.15 42.151 42.152 42.16 42.17 42.19 42.20 42.21 42.22 42.23 43.01 43.02 43.03
Last modified: August 11, 2007
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