Vermont § 1604 - Procedures and rights—Article IV

§ 1604. Procedures and rights—Article IV

• (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 he or she 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. (Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)