11189. The Interstate Corrections Compact as set forth in this
section is hereby adopted and entered into with all other
jurisdictions joining therein. The provisions of the interstate
compact are as follows:
INTERSTATE CORRECTIONS COMPACT
This section may be cited as the 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
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
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
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, 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 provision,
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 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 arrangement which a party state may
have with a nonparty 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.
11190. The Western Interstate Corrections Compact as contained
herein is hereby enacted into law and entered into on behalf of this
State with any and all other states legally joining therein in a form
substantially as follows:
WESTERN INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to improve their
institutional facilities and provide programs of sufficiently high
quality 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
co-operation with one another, thereby serving the best interests of
such offenders and of society. The purpose of this compact is to
provide for the development and execution of such programs of
co-operation for the confinement, treatment and rehabilitation of
offenders.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requires
otherwise:
(a) "State" means a state of the United States, or, subject to the
limitation contained in Article VII, Guam.
(b) "Sending state" means a state party to this compact in which
conviction 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 was had.
(d) "Inmate" means a male or female offender who is under sentence
to or confined in a prison or other correctional institution.
(e) "Institution" means any prison, reformatory or other
correctional facility (including but not limited to a facility for
the mentally ill or mentally defective) in which inmates 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
accounts 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) Prior to the construction or completion of construction of any
institution or addition thereto by a party state, any other party
state or states may contract therewith for the enlargement of the
planned capacity of the institution or addition thereto, or for the
inclusion therein of particular equipment or structures, and for the
reservation of a specific per centum of the capacity of the
institution to be kept available for use by inmates of the sending
state or states so contracting. Any sending state so contracting may,
to the extent that moneys are legally available therefor, pay to the
receiving state, a reasonable sum as consideration for such
enlargement of capacity, or provision of equipment or structures, and
reservation of capacity. Such payment may be in a lump sum or in
installments as provided in the contract.
(c) 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 judicial or administrative
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 in order to provide
adequate quarters and care or desirable in order to provide 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 the benefit 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 cared for and 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.
Costs of records made pursuant to this subdivision shall be borne by
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
suspected 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 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 provision
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 law
by any two contiguous states from among the States of Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska,
Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the
purpose of this article, Alaska and Hawaii shall be deemed contiguous
to each other; to any and all of the States of California, Oregon
and Washington; and to Guam. Thereafter, this compact shall enter
into force and become effective and binding as to any other of said
states, or any other state contiguous to at least one party state
upon similar action by such state. Guam may become party to this
compact by taking action similar to that provided for joinder by any
other eligible party state and upon the consent of Congress to such
joinder. For the purposes of this article, Guam shall be deemed
contiguous to Alaska, Hawaii, California, Oregon and Washington.
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 two years
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 arrangement which a party state may
have with a nonparty state for the confinement, rehabilitation or
treatment of inmates nor to repeal any other laws of a party state
authorizing the making of co-operative 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.
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact. The inmate shall have the
right to a private consultation with an attorney of his choice, or
with a public defender if the inmate cannot afford counsel,
concerning his rights and obligations under this section, and shall
be informed of those rights prior to executing the written consent.
At any time more than five years after the transfer, the inmate shall
be entitled to revoke his consent and to transfer to an institution
in this state. In which case, the transfer shall occur within the
next 30 days.
(b) Notwithstanding subdivision (a), no inmate with serious
medical or mental health conditions, as determined by the Plata
Receiver, or an inmate in the mental health delivery system at the
Enhanced Outpatient Program level of care or higher may be committed
or transferred to an institution outside of this state unless he has
executed a written consent to the transfer.
(c) This section shall remain in effect only until July 1, 2011,
or until such time as the Department of Corrections and
Rehabilitation has replaced "temporary beds," as defined in paragraph
(3) of subdivision (a) of Section 15819.34 of the Government Code,
whichever is sooner, and as of January 1, 2012, shall be repealed,
unless a later enacted statute deletes or extends that date.
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact, but no inmate sentenced under
California law may be committed or transferred to an institution
outside of this state, unless he or she has executed a written
consent to the transfer. The inmate shall have the right to a private
consultation with an attorney of his choice, or with a public
defender if the inmate cannot afford counsel, concerning his rights
and obligations under this section, and shall be informed of those
rights prior to executing the written consent. At any time more than
five years after the transfer, the inmate shall be entitled to revoke
his consent and to transfer to an institution in this state. In such
cases, the transfer shall occur within the next 30 days.
(b) This section shall become operative on July 1, 2011, or at
such time as the Department of Corrections and Rehabilitation has
replaced "temporary beds," as defined in paragraph (3) of subdivision
(a) of Section 15819.34 of the Government Code, whichever is sooner.
11192. The courts, departments, agencies and officers of this State
and its subdivisions shall enforce this compact and shall do all
things appropriate to the effectuation of its purposes and intent
which may be within their respective jurisdictions including but not
limited to the making and submission of such reports as are required
by the compact.
11193. Any inmate sentenced under California law who is imprisoned
in another state, pursuant to a compact, shall be entitled to all
hearings, within 120 days of the time and under the same standards,
which are normally accorded to persons similarly sentenced who are
confined in institutions in this state. If the inmate consents in
writing, such hearings may be conducted by the corresponding agencies
or officials of such other jurisdiction. The Board of Prison Terms
or its duly authorized representative is hereby authorized and
directed to hold such hearings as may be requested by such other
jurisdiction or the inmate pursuant to this section or to Article IV
(f) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact.
11194. The Director of Corrections is hereby empowered to enter
into such contracts on behalf of this state as may be appropriate to
implement the participation of this state in the Interstate
Corrections Compact and the Western Interstate Corrections Compact
pursuant to Article III thereof. No such contract shall be of any
force or effect until approved by the Director of General Services.
Such contracts may authorize confinement of inmates in, or transfer
of inmates from, only such institutions in this state as are under
the jurisdiction of the Department of Corrections, and no such
contract may provide for transfer out of this state of any person
committed to the custody of the Director of the Youth Authority. No
such contract may authorize the confinement of an inmate, who is in
the custody of the Director of Corrections, in an institution of a
state other than a state that is a party to the Interstate
Corrections Compact or to the Western Interstate Corrections Compact.
The Director of Corrections, subject to the approval of the Board of
Prison Terms, must first determine, on the basis of an inspection
made by his direction, that such institution of another state is a
suitable place for confinement of prisoners committed to his custody
before entering into a contract permitting such confinement, and
shall, at least annually, redetermine the suitability of such
confinement. In determining the suitability of such institution of
another state, the director shall assure himself that such
institution maintains standards of care and discipline not
incompatible with those of the State of California and that all
inmates therein are treated equitably, regardless of race, religion,
color, creed or national origin.
11194.5. (a) At the request of the board of supervisors of any
county that is adjacent to another state, the county sheriff shall
negotiate with the appropriate officials of the adjacent state to
contract pursuant to the authority of Article III of a compact
executed under Section 11189 or 11190 for the confinement of county
jail prisoners in corresponding facilities located in the adjacent
state. The sheriff shall determine that the corresponding facilities
are a suitable place of confinement of prisoners submitted to his or
her custody and shall at least annually redetermine the suitability
as a precondition to any contract under this section. In determining
the suitability of the facilities of the other states, the sheriff
shall assure himself or herself that it maintains standards of care
and discipline not incompatible with those of this state and that all
inmates therein are treated equally, regardless of race, religion,
color, creed, or national origin.
(b) With the approval of the board of supervisors including
agreement as to terms for payments to be made for prisoner
maintenance and expenses, the county sheriff may enter into a
contract negotiated under subdivision (a).
(c) No prisoner may be transferred to an institution outside of
this state under this section unless he or she has executed a written
consent to the transfer.
(d) Any person who was sent to another state from a county under
the authority of this section shall be released within the territory
of the county unless the person, the sheriff of the sending county,
and the corresponding official or agency of the other state shall
agree upon release in another place. The county shall bear the cost
of transporting the person to the place of release.
11195. Every prisoner released from a prison without this state to
which he has been committed or transferred from this state pursuant
to this article shall be entitled to the same benefits, including,
but not limited to money and tools, as are allowed to a prisoner
released from a prison in this state. Any person who has been sent to
another state for confinement pursuant to this article shall be
released within the territory of this state unless the person, the
Director of Corrections of California, and the corresponding agency
or official of the other state shall agree upon release in some other
place. This state shall bear the cost of transporting the person to
the place of release.
11196. The provisions of this article shall be severable and if any
phrase, clause, sentence, or provision of this article is declared
to be unconstitutional or the applicability thereof to any state,
agency, person or circumstance is held invalid, the constitutionality
of this article and the applicability thereof to any other state,
agency, person or circumstance shall, with respect to all severable
matters, not be affected thereby. It is the legislative intent that
the provisions of this article be reasonably and liberally construed.
11197. No person sentenced under California law who is committed or
transferred to an institution outside of this state shall be
competent to testify for the prosecution in any criminal proceeding
in this state unless counsel for each defendant in such proceeding is
notified that the prosecution may call the person as a witness and
is given an opportunity to interview the person no less than 10 days
before the commencement of the proceeding or, in the event the
prosecution is not at that time considering the possibility of using
such testimony, the notice and opportunity for interview shall be
given at the earliest possible time. Nothing in this section shall be
construed to compel the prisoner to submit to such an interview.
11198. (a) Except as authorized by California statute, no city,
county, city and county, or private entity shall cause to be brought
into, housed in, confined in, or detained in this state any person
sentenced to serve a criminal commitment under the authority of any
jurisdiction outside of California.
(b) It is the intent of the Legislature that this act shall
neither prohibit nor authorize the confinement of federal prisoners
in this state.
11189. The Interstate Corrections Compact as set forth in this
section is hereby adopted and entered into with all other
jurisdictions joining therein. The provisions of the interstate
compact are as follows:
INTERSTATE CORRECTIONS COMPACT
This section may be cited as the 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
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
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
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, 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 provision,
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 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 arrangement which a party state may
have with a nonparty 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.
11190. The Western Interstate Corrections Compact as contained
herein is hereby enacted into law and entered into on behalf of this
State with any and all other states legally joining therein in a form
substantially as follows:
WESTERN INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to improve their
institutional facilities and provide programs of sufficiently high
quality 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
co-operation with one another, thereby serving the best interests of
such offenders and of society. The purpose of this compact is to
provide for the development and execution of such programs of
co-operation for the confinement, treatment and rehabilitation of
offenders.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requires
otherwise:
(a) "State" means a state of the United States, or, subject to the
limitation contained in Article VII, Guam.
(b) "Sending state" means a state party to this compact in which
conviction 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 was had.
(d) "Inmate" means a male or female offender who is under sentence
to or confined in a prison or other correctional institution.
(e) "Institution" means any prison, reformatory or other
correctional facility (including but not limited to a facility for
the mentally ill or mentally defective) in which inmates 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
accounts 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) Prior to the construction or completion of construction of any
institution or addition thereto by a party state, any other party
state or states may contract therewith for the enlargement of the
planned capacity of the institution or addition thereto, or for the
inclusion therein of particular equipment or structures, and for the
reservation of a specific per centum of the capacity of the
institution to be kept available for use by inmates of the sending
state or states so contracting. Any sending state so contracting may,
to the extent that moneys are legally available therefor, pay to the
receiving state, a reasonable sum as consideration for such
enlargement of capacity, or provision of equipment or structures, and
reservation of capacity. Such payment may be in a lump sum or in
installments as provided in the contract.
(c) 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 judicial or administrative
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 in order to provide
adequate quarters and care or desirable in order to provide 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 the benefit 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 cared for and 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.
Costs of records made pursuant to this subdivision shall be borne by
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
suspected 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 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 provision
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 law
by any two contiguous states from among the States of Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska,
Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the
purpose of this article, Alaska and Hawaii shall be deemed contiguous
to each other; to any and all of the States of California, Oregon
and Washington; and to Guam. Thereafter, this compact shall enter
into force and become effective and binding as to any other of said
states, or any other state contiguous to at least one party state
upon similar action by such state. Guam may become party to this
compact by taking action similar to that provided for joinder by any
other eligible party state and upon the consent of Congress to such
joinder. For the purposes of this article, Guam shall be deemed
contiguous to Alaska, Hawaii, California, Oregon and Washington.
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 two years
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 arrangement which a party state may
have with a nonparty state for the confinement, rehabilitation or
treatment of inmates nor to repeal any other laws of a party state
authorizing the making of co-operative 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.
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact. The inmate shall have the
right to a private consultation with an attorney of his choice, or
with a public defender if the inmate cannot afford counsel,
concerning his rights and obligations under this section, and shall
be informed of those rights prior to executing the written consent.
At any time more than five years after the transfer, the inmate shall
be entitled to revoke his consent and to transfer to an institution
in this state. In which case, the transfer shall occur within the
next 30 days.
(b) Notwithstanding subdivision (a), no inmate with serious
medical or mental health conditions, as determined by the Plata
Receiver, or an inmate in the mental health delivery system at the
Enhanced Outpatient Program level of care or higher may be committed
or transferred to an institution outside of this state unless he has
executed a written consent to the transfer.
(c) This section shall remain in effect only until July 1, 2011,
or until such time as the Department of Corrections and
Rehabilitation has replaced "temporary beds," as defined in paragraph
(3) of subdivision (a) of Section 15819.34 of the Government Code,
whichever is sooner, and as of January 1, 2012, shall be repealed,
unless a later enacted statute deletes or extends that date.
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact, but no inmate sentenced under
California law may be committed or transferred to an institution
outside of this state, unless he or she has executed a written
consent to the transfer. The inmate shall have the right to a private
consultation with an attorney of his choice, or with a public
defender if the inmate cannot afford counsel, concerning his rights
and obligations under this section, and shall be informed of those
rights prior to executing the written consent. At any time more than
five years after the transfer, the inmate shall be entitled to revoke
his consent and to transfer to an institution in this state. In such
cases, the transfer shall occur within the next 30 days.
(b) This section shall become operative on July 1, 2011, or at
such time as the Department of Corrections and Rehabilitation has
replaced "temporary beds," as defined in paragraph (3) of subdivision
(a) of Section 15819.34 of the Government Code, whichever is sooner.
11192. The courts, departments, agencies and officers of this State
and its subdivisions shall enforce this compact and shall do all
things appropriate to the effectuation of its purposes and intent
which may be within their respective jurisdictions including but not
limited to the making and submission of such reports as are required
by the compact.
11193. Any inmate sentenced under California law who is imprisoned
in another state, pursuant to a compact, shall be entitled to all
hearings, within 120 days of the time and under the same standards,
which are normally accorded to persons similarly sentenced who are
confined in institutions in this state. If the inmate consents in
writing, such hearings may be conducted by the corresponding agencies
or officials of such other jurisdiction. The Board of Prison Terms
or its duly authorized representative is hereby authorized and
directed to hold such hearings as may be requested by such other
jurisdiction or the inmate pursuant to this section or to Article IV
(f) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact.
11194. The Director of Corrections is hereby empowered to enter
into such contracts on behalf of this state as may be appropriate to
implement the participation of this state in the Interstate
Corrections Compact and the Western Interstate Corrections Compact
pursuant to Article III thereof. No such contract shall be of any
force or effect until approved by the Director of General Services.
Such contracts may authorize confinement of inmates in, or transfer
of inmates from, only such institutions in this state as are under
the jurisdiction of the Department of Corrections, and no such
contract may provide for transfer out of this state of any person
committed to the custody of the Director of the Youth Authority. No
such contract may authorize the confinement of an inmate, who is in
the custody of the Director of Corrections, in an institution of a
state other than a state that is a party to the Interstate
Corrections Compact or to the Western Interstate Corrections Compact.
The Director of Corrections, subject to the approval of the Board of
Prison Terms, must first determine, on the basis of an inspection
made by his direction, that such institution of another state is a
suitable place for confinement of prisoners committed to his custody
before entering into a contract permitting such confinement, and
shall, at least annually, redetermine the suitability of such
confinement. In determining the suitability of such institution of
another state, the director shall assure himself that such
institution maintains standards of care and discipline not
incompatible with those of the State of California and that all
inmates therein are treated equitably, regardless of race, religion,
color, creed or national origin.
11194.5. (a) At the request of the board of supervisors of any
county that is adjacent to another state, the county sheriff shall
negotiate with the appropriate officials of the adjacent state to
contract pursuant to the authority of Article III of a compact
executed under Section 11189 or 11190 for the confinement of county
jail prisoners in corresponding facilities located in the adjacent
state. The sheriff shall determine that the corresponding facilities
are a suitable place of confinement of prisoners submitted to his or
her custody and shall at least annually redetermine the suitability
as a precondition to any contract under this section. In determining
the suitability of the facilities of the other states, the sheriff
shall assure himself or herself that it maintains standards of care
and discipline not incompatible with those of this state and that all
inmates therein are treated equally, regardless of race, religion,
color, creed, or national origin.
(b) With the approval of the board of supervisors including
agreement as to terms for payments to be made for prisoner
maintenance and expenses, the county sheriff may enter into a
contract negotiated under subdivision (a).
(c) No prisoner may be transferred to an institution outside of
this state under this section unless he or she has executed a written
consent to the transfer.
(d) Any person who was sent to another state from a county under
the authority of this section shall be released within the territory
of the county unless the person, the sheriff of the sending county,
and the corresponding official or agency of the other state shall
agree upon release in another place. The county shall bear the cost
of transporting the person to the place of release.
11195. Every prisoner released from a prison without this state to
which he has been committed or transferred from this state pursuant
to this article shall be entitled to the same benefits, including,
but not limited to money and tools, as are allowed to a prisoner
released from a prison in this state. Any person who has been sent to
another state for confinement pursuant to this article shall be
released within the territory of this state unless the person, the
Director of Corrections of California, and the corresponding agency
or official of the other state shall agree upon release in some other
place. This state shall bear the cost of transporting the person to
the place of release.
11196. The provisions of this article shall be severable and if any
phrase, clause, sentence, or provision of this article is declared
to be unconstitutional or the applicability thereof to any state,
agency, person or circumstance is held invalid, the constitutionality
of this article and the applicability thereof to any other state,
agency, person or circumstance shall, with respect to all severable
matters, not be affected thereby. It is the legislative intent that
the provisions of this article be reasonably and liberally construed.
11197. No person sentenced under California law who is committed or
transferred to an institution outside of this state shall be
competent to testify for the prosecution in any criminal proceeding
in this state unless counsel for each defendant in such proceeding is
notified that the prosecution may call the person as a witness and
is given an opportunity to interview the person no less than 10 days
before the commencement of the proceeding or, in the event the
prosecution is not at that time considering the possibility of using
such testimony, the notice and opportunity for interview shall be
given at the earliest possible time. Nothing in this section shall be
construed to compel the prisoner to submit to such an interview.
11198. (a) Except as authorized by California statute, no city,
county, city and county, or private entity shall cause to be brought
into, housed in, confined in, or detained in this state any person
sentenced to serve a criminal commitment under the authority of any
jurisdiction outside of California.
(b) It is the intent of the Legislature that this act shall
neither prohibit nor authorize the confinement of federal prisoners
in this state.
11189. The Interstate Corrections Compact as set forth in this
section is hereby adopted and entered into with all other
jurisdictions joining therein. The provisions of the interstate
compact are as follows:
INTERSTATE CORRECTIONS COMPACT
This section may be cited as the 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
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
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
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, 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 provision,
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 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 arrangement which a party state may
have with a nonparty 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.
11190. The Western Interstate Corrections Compact as contained
herein is hereby enacted into law and entered into on behalf of this
State with any and all other states legally joining therein in a form
substantially as follows:
WESTERN INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to improve their
institutional facilities and provide programs of sufficiently high
quality 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
co-operation with one another, thereby serving the best interests of
such offenders and of society. The purpose of this compact is to
provide for the development and execution of such programs of
co-operation for the confinement, treatment and rehabilitation of
offenders.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requires
otherwise:
(a) "State" means a state of the United States, or, subject to the
limitation contained in Article VII, Guam.
(b) "Sending state" means a state party to this compact in which
conviction 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 was had.
(d) "Inmate" means a male or female offender who is under sentence
to or confined in a prison or other correctional institution.
(e) "Institution" means any prison, reformatory or other
correctional facility (including but not limited to a facility for
the mentally ill or mentally defective) in which inmates 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
accounts 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) Prior to the construction or completion of construction of any
institution or addition thereto by a party state, any other party
state or states may contract therewith for the enlargement of the
planned capacity of the institution or addition thereto, or for the
inclusion therein of particular equipment or structures, and for the
reservation of a specific per centum of the capacity of the
institution to be kept available for use by inmates of the sending
state or states so contracting. Any sending state so contracting may,
to the extent that moneys are legally available therefor, pay to the
receiving state, a reasonable sum as consideration for such
enlargement of capacity, or provision of equipment or structures, and
reservation of capacity. Such payment may be in a lump sum or in
installments as provided in the contract.
(c) 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 judicial or administrative
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 in order to provide
adequate quarters and care or desirable in order to provide 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 the benefit 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 cared for and 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.
Costs of records made pursuant to this subdivision shall be borne by
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
suspected 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 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 provision
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 law
by any two contiguous states from among the States of Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska,
Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the
purpose of this article, Alaska and Hawaii shall be deemed contiguous
to each other; to any and all of the States of California, Oregon
and Washington; and to Guam. Thereafter, this compact shall enter
into force and become effective and binding as to any other of said
states, or any other state contiguous to at least one party state
upon similar action by such state. Guam may become party to this
compact by taking action similar to that provided for joinder by any
other eligible party state and upon the consent of Congress to such
joinder. For the purposes of this article, Guam shall be deemed
contiguous to Alaska, Hawaii, California, Oregon and Washington.
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 two years
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 arrangement which a party state may
have with a nonparty state for the confinement, rehabilitation or
treatment of inmates nor to repeal any other laws of a party state
authorizing the making of co-operative 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.
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact. The inmate shall have the
right to a private consultation with an attorney of his choice, or
with a public defender if the inmate cannot afford counsel,
concerning his rights and obligations under this section, and shall
be informed of those rights prior to executing the written consent.
At any time more than five years after the transfer, the inmate shall
be entitled to revoke his consent and to transfer to an institution
in this state. In which case, the transfer shall occur within the
next 30 days.
(b) Notwithstanding subdivision (a), no inmate with serious
medical or mental health conditions, as determined by the Plata
Receiver, or an inmate in the mental health delivery system at the
Enhanced Outpatient Program level of care or higher may be committed
or transferred to an institution outside of this state unless he has
executed a written consent to the transfer.
(c) This section shall remain in effect only until July 1, 2011,
or until such time as the Department of Corrections and
Rehabilitation has replaced "temporary beds," as defined in paragraph
(3) of subdivision (a) of Section 15819.34 of the Government Code,
whichever is sooner, and as of January 1, 2012, shall be repealed,
unless a later enacted statute deletes or extends that date.
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact, but no inmate sentenced under
California law may be committed or transferred to an institution
outside of this state, unless he or she has executed a written
consent to the transfer. The inmate shall have the right to a private
consultation with an attorney of his choice, or with a public
defender if the inmate cannot afford counsel, concerning his rights
and obligations under this section, and shall be informed of those
rights prior to executing the written consent. At any time more than
five years after the transfer, the inmate shall be entitled to revoke
his consent and to transfer to an institution in this state. In such
cases, the transfer shall occur within the next 30 days.
(b) This section shall become operative on July 1, 2011, or at
such time as the Department of Corrections and Rehabilitation has
replaced "temporary beds," as defined in paragraph (3) of subdivision
(a) of Section 15819.34 of the Government Code, whichever is sooner.
11192. The courts, departments, agencies and officers of this State
and its subdivisions shall enforce this compact and shall do all
things appropriate to the effectuation of its purposes and intent
which may be within their respective jurisdictions including but not
limited to the making and submission of such reports as are required
by the compact.
11193. Any inmate sentenced under California law who is imprisoned
in another state, pursuant to a compact, shall be entitled to all
hearings, within 120 days of the time and under the same standards,
which are normally accorded to persons similarly sentenced who are
confined in institutions in this state. If the inmate consents in
writing, such hearings may be conducted by the corresponding agencies
or officials of such other jurisdiction. The Board of Prison Terms
or its duly authorized representative is hereby authorized and
directed to hold such hearings as may be requested by such other
jurisdiction or the inmate pursuant to this section or to Article IV
(f) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact.
11194. The Director of Corrections is hereby empowered to enter
into such contracts on behalf of this state as may be appropriate to
implement the participation of this state in the Interstate
Corrections Compact and the Western Interstate Corrections Compact
pursuant to Article III thereof. No such contract shall be of any
force or effect until approved by the Director of General Services.
Such contracts may authorize confinement of inmates in, or transfer
of inmates from, only such institutions in this state as are under
the jurisdiction of the Department of Corrections, and no such
contract may provide for transfer out of this state of any person
committed to the custody of the Director of the Youth Authority. No
such contract may authorize the confinement of an inmate, who is in
the custody of the Director of Corrections, in an institution of a
state other than a state that is a party to the Interstate
Corrections Compact or to the Western Interstate Corrections Compact.
The Director of Corrections, subject to the approval of the Board of
Prison Terms, must first determine, on the basis of an inspection
made by his direction, that such institution of another state is a
suitable place for confinement of prisoners committed to his custody
before entering into a contract permitting such confinement, and
shall, at least annually, redetermine the suitability of such
confinement. In determining the suitability of such institution of
another state, the director shall assure himself that such
institution maintains standards of care and discipline not
incompatible with those of the State of California and that all
inmates therein are treated equitably, regardless of race, religion,
color, creed or national origin.
11194.5. (a) At the request of the board of supervisors of any
county that is adjacent to another state, the county sheriff shall
negotiate with the appropriate officials of the adjacent state to
contract pursuant to the authority of Article III of a compact
executed under Section 11189 or 11190 for the confinement of county
jail prisoners in corresponding facilities located in the adjacent
state. The sheriff shall determine that the corresponding facilities
are a suitable place of confinement of prisoners submitted to his or
her custody and shall at least annually redetermine the suitability
as a precondition to any contract under this section. In determining
the suitability of the facilities of the other states, the sheriff
shall assure himself or herself that it maintains standards of care
and discipline not incompatible with those of this state and that all
inmates therein are treated equally, regardless of race, religion,
color, creed, or national origin.
(b) With the approval of the board of supervisors including
agreement as to terms for payments to be made for prisoner
maintenance and expenses, the county sheriff may enter into a
contract negotiated under subdivision (a).
(c) No prisoner may be transferred to an institution outside of
this state under this section unless he or she has executed a written
consent to the transfer.
(d) Any person who was sent to another state from a county under
the authority of this section shall be released within the territory
of the county unless the person, the sheriff of the sending county,
and the corresponding official or agency of the other state shall
agree upon release in another place. The county shall bear the cost
of transporting the person to the place of release.
11195. Every prisoner released from a prison without this state to
which he has been committed or transferred from this state pursuant
to this article shall be entitled to the same benefits, including,
but not limited to money and tools, as are allowed to a prisoner
released from a prison in this state. Any person who has been sent to
another state for confinement pursuant to this article shall be
released within the territory of this state unless the person, the
Director of Corrections of California, and the corresponding agency
or official of the other state shall agree upon release in some other
place. This state shall bear the cost of transporting the person to
the place of release.
11196. The provisions of this article shall be severable and if any
phrase, clause, sentence, or provision of this article is declared
to be unconstitutional or the applicability thereof to any state,
agency, person or circumstance is held invalid, the constitutionality
of this article and the applicability thereof to any other state,
agency, person or circumstance shall, with respect to all severable
matters, not be affected thereby. It is the legislative intent that
the provisions of this article be reasonably and liberally construed.
11197. No person sentenced under California law who is committed or
transferred to an institution outside of this state shall be
competent to testify for the prosecution in any criminal proceeding
in this state unless counsel for each defendant in such proceeding is
notified that the prosecution may call the person as a witness and
is given an opportunity to interview the person no less than 10 days
before the commencement of the proceeding or, in the event the
prosecution is not at that time considering the possibility of using
such testimony, the notice and opportunity for interview shall be
given at the earliest possible time. Nothing in this section shall be
construed to compel the prisoner to submit to such an interview.
11198. (a) Except as authorized by California statute, no city,
county, city and county, or private entity shall cause to be brought
into, housed in, confined in, or detained in this state any person
sentenced to serve a criminal commitment under the authority of any
jurisdiction outside of California.
(b) It is the intent of the Legislature that this act shall
neither prohibit nor authorize the confinement of federal prisoners
in this state.
