Guam § 90 - Compact Stated.

§ 90. Compact Stated.

The Compact as contained herein is hereby enacted into law

and entered into on behalf of Guam with any and all states legally

joining therein in a form substantially as follows:

Western Interstate Corrections Compact

Article I

Purpose and Policy

The party states, desiring by common action to improve their

institutional facilities and provide programs of sufficiently, high

quality 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. The purpose of this Compact is

to provide for the development and execution of such programs of

cooperation for the confinement, treatment and rehabilitation of

offenders.

Article II

Definitions

As used in this Compact, unless the context clearly requires

otherwise:

(a) State means a state of the United States, or, subject

to the limitation contained in Article VII, Guam.

(b) Sending State means a state party to this Compact in

which conviction 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 was had.

(d) Inmate means a male or female offender who is

under sentence to, or confined in, a prison or other

correctional institution.

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(e) Institution means any prison, reformatory or other

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) Prior to the construction or completion of construction of

any institution or addition thereto by a party state, any other party

state or states may contract herewith for the enlargement of the

planned capacity of the institution or addition thereto, or for the

inclusion therein of particular equipment or structures, and for the

reservation of a specific percentum of the capacity of the

institution to be kept available for use by inmates of the sending

state or states so contracting. Any sending state so contracting

may, to the extent that moneys are legally available therefor, pay

to the receiving state a reasonable sum as consideration for such

enlargement of capacity, or provision, of equipment or structures,

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and reservation of capacity. Such payment may be in a lump sum

or installments as provided in the contract.

(c) 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 judicial or administrative

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 in order to provide

adequate quarters and care or desirable in order to provide 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

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 the sending state in institutions

pursuant to this Com pact including a conduct record of each

inmate and certify said record to the official designated by the

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sending state, in order that each inmate may have the benefit 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 cared for and 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 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 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. Costs of records made pursuant to this Subdivision

shall be borne by the sending state.

(g) An 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

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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

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 suspected

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 he 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 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 escape.

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

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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 contiguous states from among the states of Alaska,

Arizona, California, Colorado, Hawaii, Idaho, Montana,

Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and

Wyoming. For the purposes of this Article, Alaska and Hawaii

shall be deemed contiguous to each other; to any and all of the

states of California, Oregon and Washington, and to Guam.

Thereafter, this Compact shall enter into force and become

effective and binding as to any other of said states, or any other

state contiguous to at least one party state upon similar action by

such state. Guam may become party to this Compact by taking

action similar to that provided for joinder by any other eligible

party state and upon the consent of Congress to such joinder. For

the purposes of this Article, Guam shall be deemed contiguous to

Alaska, Hawaii, California, Oregon and Washington.

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

two years 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,

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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 non-party state of 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 preceding 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.