NY Corr L § 104 (2021)
2021 New York Laws COR - Correction Article 5-A - Interstate Corrections Compact 104 - Procedures and Rights.

§  104.  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 section one hundred three of this article,  shall decide  that  confinement  in, or transfer of an incarcerated individual 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 incarcerated individuals for the  purpose of   inspecting   the  facilities  thereof  and  visiting  such  of  its incarcerated individuals as may be confined in the institution.  (c) Incarcerated individuals 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 incarcerated individuals, for release on probation or parole, for discharge,  or  for any  other  purpose  permitted by the laws of the sending state; provide 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 contained in section one hundred three of this article.  (d) Each receiving state shall provide regular reports to each sending state  on  the  incarcerated  individuals  of  that  sending  state   in institutions pursuant to this compact including a conduct record of each incarcerated   individual  and  certify  said  record  to  the  official designated by  the  sending  state,  in  order  that  each  incarcerated individual  may have official review of his or her record in determining and  altering  the  disposition  of  said  incarcerated  individual   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 incarcerated individuals 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  incarcerated  individuals  of  the  receiving  state  as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any incarcerated individual so confined  of  any legal  rights  which  said  incarcerated  individual  would  have had if confined in an appropriate institution of the sending state.  (f) Any hearing  or  hearings  to  which  an  incarcerated  individual 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  incarcerated  individual  confined  pursuant to this compact shall be released within the territory of the sending state  unless  the incarcerated  individual,  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 incarcerated individual 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  incarcerated  individual  shall  not  be deprived of or restricted in his or her exercise of any power in respect to  any  incarcerated  individual confined pursuant to the terms of this compact.