53.1-216 - Governor to execute; form of compact.
§ 53.1-216. Governor to execute; form of compact.
The Governor is authorized and requested to execute, on behalf of theCommonwealth, with any other state or states legally joining therein acompact which shall be in form substantially as follows:
The contracting states solemnly agree that: ARTICLE I.
The party states, desiring by common action to fully utilize and improvetheir institutional facilities and provide adequate programs for theconfinement, treatment and rehabilitation of various types of offenders,declare that it is the policy of each of the party states to provide suchfacilities and programs on a basis of cooperation with one another, and withthe Federal Government, thereby serving the best interest of such offendersand of society and effecting economies in capital expenditures andoperational costs. The purpose of this compact is to provide for the mutualdevelopment and execution of such programs of cooperation for theconfinement, treatment and rehabilitation of offenders with the mosteconomical use of human and material resources. ARTICLE II.
As used in this compact, unless the context clearly requires otherwise:
a. "State" means a state of the United States; the United States ofAmerica; a territory or possession of the United States; the District ofColumbia; the Commonwealth of Puerto Rico.
b. "Sending state" means a state party to this compact in which convictionor court commitment was had.
c. "Receiving state" means a state party to this compact to which an inmateis sent for confinement other than a state in which conviction or courtcommitment was had.
d. "Inmate" means a male or female offender who is committed, undersentence to or confined in a penal or correctional institution.
e. "Institution" means any penal or correctional facility, including butnot limited to a facility for the mentally ill or mentally defective, inwhich inmates as defined in d above may lawfully be confined. ARTICLE III.
a. Each party state may make one or more contracts with any one or more ofthe other party states, or with the Federal Government, for the confinementof inmates on behalf of a sending state in institutions situated withinreceiving states. Any such contract shall provide for:
(1) Its duration.
(2) Payments to be made to the receiving state or to the Federal Government,by the sending state for inmate maintenance, extraordinary medical and dentalexpenses, and any participation in or receipt by inmates of rehabilitative orcorrectional services, facilities, programs or treatment not reasonablyincluded as part of normal maintenance.
(3) Participation in programs of inmate employment, if any; the dispositionor crediting of any payments received by inmates on account thereof; and thecrediting 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 theobligations, responsibilities and rights of the sending and receiving states.
b. The terms and provisions of this compact shall be a part of any contractentered into by the authority of or pursuant thereto and nothing in any suchcontract shall be inconsistent therewith. ARTICLE IV.
a. Whenever the duly constituted authorities in a state party to thiscompact, and which has entered into a contract pursuant to Article III, shalldecide that confinement in, or transfer of an inmate to, an institutionwithin the territory of another party state is necessary or desirable inorder to provide adequate quarters and care or an appropriate program ofrehabilitation or treatment, said officials may direct that the confinementbe within an institution within the territory of said other party state, thereceiving 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 haveaccess, at all reasonable times, to any institution in which it has acontractual right to confine inmates for the purpose of inspecting thefacilities thereof and visiting such of its inmates as may be confined in theinstitution.
c. Inmates confined in an institution pursuant to the terms of this compactshall at all times be subject to the jurisdiction of the sending state andmay at any time be removed therefrom for transfer to a prison or otherinstitution within the sending state, for transfer to another institution inwhich the sending state may have a contractual or other right to confineinmates, for release on probation or parole, for discharge, or for any otherpurpose permitted by the laws of the sending state; provided that the sendingstate shall continue to be obligated to such payments as may be requiredpursuant to the terms of any contract entered into under the terms of ArticleIII.
d. Each receiving state shall provide regular reports to each sending stateon the inmates of that sending state in institutions pursuant to this compactincluding a conduct record of each inmate and certify said record to theofficial designated by the sending state, in order that each inmate may haveofficial review of his or her record in determining and altering thedisposition of said inmate in accordance with the law which may obtain in thesending state and in order that the same may be a source of information forthe sending state.
e. All inmates who may be confined in an institution pursuant to theprovisions of this compact shall be treated in a reasonable and humane mannerand shall be treated equally with such similar inmates of the receiving stateas may be confined in the same institution. The fact of confinement in areceiving state shall not deprive any inmate so confined of any legal rightswhich said inmate would have had if confined in an appropriate institution ofthe sending state.
f. Any hearing or hearings to which an inmate confined pursuant to thiscompact may be entitled by the laws of the sending state may be had beforethe appropriate authorities of the sending state, or of the receiving stateif authorized by the sending state. The receiving state shall provideadequate facilities for such hearings as may be conducted by the appropriateofficials of a sending state. In the event such hearing or hearings are hadbefore officials of the receiving state, the governing law shall be that ofthe sending state and a record of the hearing or hearings as prescribed bythe sending state shall be made. Said record together with anyrecommendations of the hearing officials shall be transmitted forthwith tothe official or officials before whom the hearing would have been had if ithad taken place in the sending state. In any and all proceedings had pursuantto the provisions of this subdivision, the officials of the receiving stateshall act solely as agents of the sending state and no final determinationshall be made in any matter except by the appropriate officials of thesending state.
g. Any inmate confined pursuant to this compact shall be released within theterritory of the sending state unless the inmate, and the sending andreceiving states, shall agree upon release in some other place. The sendingstate shall bear the cost of such return to its territory.
h. Any inmate confined pursuant to the terms of this compact shall have anyand all rights to participate in and derive any benefits or incur or berelieved of any obligations or have such obligations modified or his statuschanged on account of any action or proceeding in which he could haveparticipated if confined in any appropriate institution of the sending statelocated within such state.
i. The parents, guardian, trustee, or other person or persons entitled underthe laws of the sending state to act for, advise or otherwise function withrespect to any inmate shall not be deprived of or restricted in his exerciseof any power in respect of any inmate confined pursuant to the terms of thiscompact. ARTICLE V.
a. Any decision of the sending state in respect of any matter over which itretains jurisdiction pursuant to this compact shall be conclusive upon andnot reviewable within the receiving state, but if at the time the sendingstate seeks to remove an inmate from an institution in the receiving statethere is pending against the inmate within such state any criminal charge orif the inmate is formally accused of having committed within such state acriminal offense, the inmate shall not be returned without the consent of thereceiving state until discharge from prosecution or other form of proceeding,imprisonment or detention for such offense. The duly accredited officers ofthe sending state shall be permitted to transport inmates pursuant to thiscompact through any and all states party to this compact without interference.
b. An inmate who escapes from an institution in which he is confined pursuantto this compact shall be deemed a fugitive from the sending state and fromthe state in which the institution is situated. In the case of an escape to ajurisdiction other than the sending or receiving state, the responsibilityfor institution of extradition or rendition proceedings shall be that of thesending state, but nothing contained herein shall be construed to prevent oraffect the activities of officers and agencies of any jurisdiction directedtoward the apprehension and return of an escapee. ARTICLE VI.
Any state party to this compact may accept federal aid for use in connectionwith any institution or program, the use of which is or may be affected bythis compact or any contract pursuant hereto and any inmate in a receivingstate pursuant to this compact may participate in any such federally-aidedprogram or activity for which the sending and receiving states have madecontractual provision, provided that if such program or activity is not partof the customary correctional regimen the express consent of the appropriateofficial of the sending state shall be required therefor. ARTICLE VII.
This compact shall enter into force and become effective and binding upon thestates so acting when it has been enacted into law by any two states.Thereafter, this compact shall enter into force and become effective andbinding as to any other of said states upon similar action by such state. ARTICLE VIII.
This compact shall continue in force and remain binding upon a party stateuntil it shall have enacted a statute repealing the same and providing forthe sending of formal written notice of withdrawal from the compact to theappropriate official of all other party states. An actual withdrawal shallnot take effect until one year after the notice provided in said statute hasbeen sent. Such withdrawal shall not relieve the withdrawing state from itsobligations assumed hereunder prior to the effective date of withdrawal.Before effective date of withdrawal, a withdrawing state shall remove to itsterritory, at its own expense, such inmates as it may have confined pursuantto the provisions of this compact. ARTICLE IX.
Nothing contained in this compact shall be construed to abrogate or impairany agreement or other arrangement which a party state may have with anonparty state for the confinement, rehabilitation or treatment of inmatesnor to repeal any other laws of a party state authorizing the making ofcooperative institutional arrangements. ARTICLE X.
The provisions of this compact shall be liberally construed and shall beseverable. If any phrase, clause, sentence or provision of this compact isdeclared to be contrary to the constitution of any participating state or ofthe United States or the applicability thereof to any government, agency,person or circumstance is held invalid, the validity of the remainder of thiscompact and the applicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this compact shall be heldcontrary to the constitution of any state participating therein, the compactshall remain in full force and effect as to the remaining states and in fullforce and effect as to the state affected as to all severable matters.
(Code 1950, § 53-304.9; 1977, c. 339; 1982, c. 636.)