2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-M - Compacts With Other States for Out-of-State Parolee Supervision.

§ 259-m. Compacts   with   other   states   for  out-of-state  parolee
supervision.  1. The governor is hereby authorized and directed to enter
into a compact on behalf of the state of New York with any state of  the
United  States  legally  joining  therein  in  the form substantially as
follows:
A COMPACT
Entered into by and among the contracting states, signatories  hereto,
with  the  consent  of  the  Congress  of  the United States of America,
granted by an act entitled "An act granting the consent of  Congress  to
any  two  or  more  states  to  enter  into  agreements  or compacts for
cooperative effort and mutual assistance in the prevention of crime  and
for other purposes."
The contracting states solemnly agree:
(1)  That  it shall be competent for the duly constituted judicial and
administrative authorities of a state  party  to  this  compact  (herein
called  "sending  state")  to  permit any person convicted of an offense
within such state and placed on  probation  or  released  on  parole  to
reside  in  any  other  state  party  to  this  compact  (herein  called
"receiving state") while on probation or parole, if
(a) Such person is in fact a resident of or has  his  family  residing
within the receiving state and can obtain employment there;
(b)  Though  not  a resident of the receiving state and not having his
family residing there, the receiving state consents to such person being
sent there.
Before granting such permission, opportunity shall be granted  to  the
receiving  state  to  investigate the home and prospective employment of
such person.
A resident of the receiving state, within the meaning of this section,
is one who has been an actual inhabitant of such state continuously  for
more  than one year prior to his coming to the sending state and has not
resided within  the  sending  state  more  than  six  continuous  months
immediately  preceding  the  commission  of the offense for which he has
been convicted.
(2) That each receiving state will assume the duties of visitation  of
and  supervision  over probationers or parolees of any sending state and
in the exercise of those duties will be governed by the  same  standards
that prevail for its own probationers and parolees.
(3)  That duly accredited officers of a sending state may at all times
enter a receiving state and there apprehend and  retake  any  person  on
probation  or  parole.  For that purpose no formalities will be required
other than establishing the authority of the officer and the identity of
the person to be retaken.  All legal requirements to obtain  extradition
of  fugitives  from  justice  are hereby expressly waived on the part of
states party hereto, as to such persons. The  decision  of  the  sending
state to retake a person on probation or parole shall be conclusive upon
and  not  reviewable within the receiving state; provided, however, that
if at the time when a state seeks to retake  a  probationer  or  parolee
there  should  be  pending  against  him  within the receiving state any
criminal charge, or he should be suspected of  having  committed  within
such  state  a  criminal  offense,  he  shall not be retaken without the
consent of the receiving state until discharged from prosecution or from
imprisonment for such offense.
(4) That the duly accredited officers of the  sending  state  will  be
permitted  to  transport  prisoners  being  retaken  through any and all
states parties to this compact, without interference.
(5) That the governor of each state  may  designate  an  officer  who,
acting  jointly  with  like officers of other contracting states, if and
when appointed, shall promulgate such rules and regulations  as  may  be

deemed  necessary  to  more  effectively  carry  out  the  terms of this
compact.
(6)  That  this  compact  shall  become operative immediately upon its
ratification by any state as between it and any other state or states so
ratifying.  When ratified it shall have the full force and effect of law
within such state, the form of ratification to be in accordance with the
laws of the ratifying state.
(7) That this compact shall continue in force and remain binding  upon
each  ratifying  state until renounced by it. The duties and obligations
hereunder of a  renouncing  state  shall  continue  as  to  parolees  or
probationers residing therein at the time of withdrawal until retaken or
finally  discharged  by  the sending state. Renunciation of this compact
shall be by the same authority which ratified it, by sending six months'
notice in writing of its intention to withdraw from the compact  to  the
other states party hereto.
2.  The  chairman of the board of parole shall have power and shall be
charged with the duty of promulgating such rules and regulations as  may
be  deemed necessary to carry out the terms of a compact entered into by
the state pursuant to this section.
3. If any section, sentence, subdivision or clause of this section  is
for  any  reason  held  invalid or to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this section.
4. This section may be cited  as  the  uniform  act  for  out-of-state
parolee supervision.