730 ILCS 5/3-4-4
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter III - Department Of Corrections

 (from Ch. 38, par. 1003-4-4)Sec. 3-4-4.     Interstate Corrections Compact.     (a) The State of Illinois ratifies and approves the following  compact:    INTERSTATE CORRECTIONS COMPACT ARTICLE I PURPOSE AND POLICYThe 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 DEFINITIONSAs 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 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, such official  may direct that the  confinement be within an institution within the territory of such 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 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. However, 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 who are in institutions  pursuant to this compact including a conduct record of each inmate and shall  certify such 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 the 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 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  the 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 hearing 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. The 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 paragraph (f), 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 this compact shall have any rights  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 ACT 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  with 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 officer of the sending state shall be  permitted to transport inmates pursuant to this compact through any and all  state 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 escaped from 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 AIDAny 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 thereto. 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. However, 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 FORCEThis compact shall enter into force and become effective and binding  upon the states so acting when it has been enacted into law by any 2  states. Thereafter, this compact shall enter into force and become  effective and binding as to any other of such states upon similar action  by such state.    ARTICLE VIII WITHDRAWAL AND TERMINATIONThis compact shall continue in force and remain binding upon a party  state until it shall have enacted a statute repealing the compact 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 the 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  withdrawal 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 UNAFFECTEDNothing contained in this compact shall be construed to abrogate or  impair an agreement or other arrangement 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 SEVERABILITYThe 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.(b) Powers. The Department of Corrections is authorized and directed to  do all things necessary or incidental to the carrying out of the compact  in every particular.    (Source: P.A. 77-2097.)