KRS § 196.610 — KY Code / Title XVII / Chapter 196 / Section 196.610
196.610 Interstate Corrections Compact
Status: in_force

196.610 Interstate Corrections Compact.

The Interstate Corrections Compact is hereby enacted into law and entered into by this

state with any other states legally joining therein in the form substantially as follows:

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 expenditure 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 individuals with an intellectual disability, 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, 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 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 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 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 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 provisions, 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 the 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 one 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 arrangements which a party state may have with a non-party 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 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.