31-461

31-461. Compact; authorization; contents;
effect

The governor is authorized and directed to enter into a compact on behalf of the
state of Arizona with any of the United States lawfully joining therein in form
substantially as follows:

A COMPACT

Entered into by and among the contracting states, signatories hereto, with the
consent of the Congress of the United States of America, granted by an act entitled "An
act granting the consent of Congress to any two or more states to enter into agreements
or compacts for cooperative effort and mutual assistance in the prevention of crime and
for other purposes."

The contracting states solemnly agree:

1. That it shall be competent for the duly constituted judicial and administrative
authorities of a state party to this compact (herein called "sending state") to permit
any person convicted of an offense within such state and placed on probation or released
on parole to reside in any other state party to this compact (herein called "receiving
state"), while on probation or parole, if:

(a) Such person is in fact a resident of or has his family residing within the
receiving state and can obtain employment there.

(b) Though not a resident of the receiving state and not having his family residing
there, the receiving state consents to such person being sent there.

Before granting such permission, opportunity shall be granted to the receiving state
to investigate the home and prospective employment of such person. A resident of the
receiving state, within the meaning of this section, is one who has been an actual
inhabitant of such state continuously for more than one year prior to his coming to the
sending state and has not resided within the sending state more than six continuous
months immediately preceding the commission of the offense for which he has been
convicted.

2. That each receiving state will assume the duties of visitation of and
supervision over probationers or parolees of any sending state and in the exercise of
those duties will be governed by the same standards that prevail for its own probationers
and parolees.

3. That duly accredited officers of a sending state may at all times enter a
receiving state and there apprehend and retake any person on probation or parole. For
that purpose no formalities will be required other than establishing the authority of the
officer and the identity of the person to be retaken. All legal requirements to obtain
extradition of fugitives from justice are hereby expressly waived on the part of states
parties hereto, as to such persons. The decision of the sending state to retake a person
on probation or parole shall be conclusive upon and not reviewable within the receiving
state, unless at the time a state seeks to retake a probationer or parolee there should
be pending against him within the receiving state any criminal charge, or he should be
suspected of having committed within such state a criminal offense, in which case he
shall not be retaken without the consent of the receiving state until discharged from
prosecution or from imprisonment for such offense.

4. That the duly accredited officers of the sending state will be permitted to
transport prisoners being retaken through any and all states parties to this compact,
without interference.

5. That the governor of each state may designate an officer who, acting jointly
with like officers of other contracting states, if and when appointed, shall promulgate
such rules and regulations as may be deemed necessary to more effectively carry out the
terms of this compact.

6. That this compact shall become operative immediately upon its ratification by
any state as between it and any other state or states so ratifying. When ratified it
shall have the full force and effect of law within such state, the form of ratification
to be in accordance with the laws of the ratifying state.

7. That this compact shall continue in force and remain binding upon each ratifying
state until renounced by it. The duties and obligations hereunder of a renouncing state
shall continue as to parolees or probationers residing therein at the time of withdrawal
until retaken or finally discharged by the sending state. Renunciation of this compact
shall be by the same authority which ratified it, by sending six months' notice in
writing of its intention to withdraw from the compact to the other states party hereto.