2023 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.