31-471

31-471. Western interstate corrections
compact

The western interstate corrections compact is entered into by 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 institution 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 cooperation 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 cooperation 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 of
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 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 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.