Nevada § 215A.020 - Text of Compact

§ 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.