[§355D-1]  Interstate Corrections Compact.  TheInterstate Corrections Compact as contained herein is hereby enacted into lawand entered into on behalf of the State of Hawaii with any and all other stateslegally joining therein in the form substantially as follows:

 

INTERSTATECORRECTIONS COMPACT

 

ARTICLE I

 

The party states, desiring by common action tofully utilize and improve their institutional facilities and provide adequateprograms for the confinement, treatment, and rehabilitation of various types ofoffenders, declare that it is the policy of each of the party states to providesuch facilities and programs on a basis of cooperation with one another,thereby serving the best interests of such offenders and of society andeffecting economies in capital expenditures and operational costs.  The purposeof this compact is to provide for the mutual development and execution of suchprograms of cooperation for the confinement, treatment, and rehabilitation ofoffenders with the most economical use of human and material resources.

 

ARTICLE II

 

As used in this compact, unless the contextclearly requires otherwise:

"Inmate" means a male or femaleoffender who is committed, under sentence to or confined in a penal orcorrectional institution.

"Institution" means any penal orcorrectional facility, including but not limited to a facility for the mentallyill or mentally defective, in which inmates as defined in this section maylawfully be confined.

"Receiving state" means a state partyto this compact to which an inmate is sent for confinement other than a statein which conviction or court commitment was had.

"Sending state" means a state partyto this compact in which conviction or court commitment was had.

"State" means a state of the UnitedStates; the United States of America; a territory or possession of the UnitedStates; the District of Columbia; and the Commonwealth of Puerto Rico.

 

ARTICLEIII

 

(a)  Each party state may make one or morecontracts with any one or more of the other party states for the confinement ofinmates on behalf of a sending state in institutions situated within receivingstates.  Any such contract shall provide for:

(1)  Its duration.

(2)  Payments to be made to the receiving state by thesending state for inmate maintenance, extraordinary medical and dentalexpenses, and any participation in or receipt by inmates of rehabilitative orcorrectional services, facilities, programs, or treatment not reasonablyincluded as part of normal maintenance.

(3)  Participation in programs of inmate employment,if any; the disposition or crediting of any payments received by inmates onaccount thereof; and the crediting of proceeds from or disposal of any productsresulting therefrom.

(4)  Delivery and retaking of inmates.

(5)  Such other matters as may be necessary andappropriate to fix the obligations, responsibilities, and rights of the sendingand receiving states.

(b)  The terms and provisions of this compactshall be a part of any contract entered into by the authority of or pursuantthereto, and nothing in any such contract shall be inconsistent therewith.

 

ARTICLE IV

 

(a)  Whenever the appropriate authority in astate party to this compact, and which has entered into a contract pursuant toarticle III, shall decide that confinement in, or transfer of an inmate to, aninstitution within the territory of another party state is necessary ordesirable in order to provide adequate quarters and care or an appropriateprogram of rehabilitation or treatment, the appropriate authority may directthat the confinement be within an institution within the territory of the otherparty state, the receiving state to act in that regard solely as agent for thesending state.

(b)  The appropriate officials of any stateparty to this compact shall have access, at all reasonable times, to anyinstitution in which it has a contractual right to confine inmates for thepurpose of inspecting the facilities thereof and visiting such of its inmatesas may be confined in the institution.

(c)  Inmates confined in an institutionpursuant to the terms of this compact shall at all times be subject to thejurisdiction of the sending state and may at any time be removed therefrom fortransfer to a prison or other institution within the sending state, for transferto another institution in which the sending state may have a contractual orother right to confine inmates for release on probation or parole, fordischarge, 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 paymentsas may be required pursuant to the terms of any contract entered into under theterms of article III.

(d)  Each receiving state shall provide regularreports to each sending state on the inmates of that sending state ininstitutions pursuant to this compact including a conduct record of each inmateand certify that record to the authority designated by the sending state, inorder that each inmate may have official review of the inmate's record indetermining and altering the disposition of the inmate in accordance with thelaw which may obtain in the sending state and in order that the same may be asource of information for the sending state.

(e)  All inmates who may be confined in aninstitution pursuant to the provisions of this compact shall be treated in areasonable and humane manner and shall be treated equally with such similarinmates of the receiving state as may be confined in the same institution.  Thefact of confinement in a receiving state shall not deprive any inmate soconfined of any legal rights which said inmate would have had if confined in anappropriate institution of the sending state.

(f)  Any hearing or hearings to which an inmateconfined pursuant to this compact may be entitled by the laws of the sendingstate may be had before the appropriate authority of the sending state, or ofthe receiving state if authorized by the sending state.  The receiving stateshall provide adequate facilities for such hearings as may be conducted by appropriateauthority of a sending state.  In the event such hearing or hearings are hadbefore an authority of the receiving state, the governing law shall be that ofthe sending state and a record of the hearing or hearings as prescribed by thesending state shall be made.  The record together with any recommendations ofthe hearing authority shall be transmitted forthwith to the authority beforewhom the hearing would have been had if it had taken place in the sendingstate.  In any and all proceedings had pursuant to the provisions of thissubdivision, the authority of the receiving state shall act solely as agent ofthe sending state and no final determination shall be made in any matter exceptby the appropriate authority of the sending state.

(g)  Any inmate confined pursuant to thiscompact shall be released within the territory of the sending state unless theinmate, and the sending and receiving states, shall agree upon release in someother place.  The sending state shall bear the cost of such return to itsterritory.

(h)  Any inmate confined pursuant to the termsof this compact shall have any and all rights to participate in and derive anybenefits or incur or be relieved of any obligations or have such obligationsmodified or the inmate's status changed on account of any action or proceedingin which the inmate could have participated if confined in any appropriateinstitution of the sending state located within such state.

(i)  The parent, guardian, trustee, or otherperson 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 deprivedof or restricted in the person's exercise of any power in respect of any inmateconfined pursuant to the terms of this compact.

 

ARTICLE V

 

(a)  Any decision of the sending state inrespect of any matter over which it retains jurisdiction pursuant to thiscompact 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 aninstitution in the receiving state there is pending against the inmate withinsuch state any criminal charge or if the inmate is formally accused of havingcommitted within such state a criminal offense, the inmate shall not be returnedwithout the consent of the receiving state until discharged from prosecution orother form of proceeding, imprisonment, or detention for such offense.  Theduly accredited officers of the sending state shall be permitted to transportinmates pursuant to this compact through any and all states party to thiscompact without interference.

(b)  An inmate who escapes from an institutionin which the inmate is confined pursuant to this compact shall be deemed afugitive from the sending state and from the state in which the institution issituated.  In the case of an escape to a jurisdiction other than the sending orreceiving state, the responsibility for institution of extradition or renditionproceedings shall be that of the sending state, but nothing contained hereinshall be constructed to prevent or affect the activities of officers andagencies of any jurisdiction directed toward the apprehension and return of anescapee.

 

ARTICLE VI

 

Any state party to this compact may acceptfederal aid for use in connection with any institution or program, the use ofwhich is or may be affected by this compact or any contract pursuant hereto andany inmate in a receiving state pursuant to this compact may participate in anysuch federally aided program or activity for which the sending and receivingstates have made contractual provision, provided that if such program oractivity is not part of the customary correctional regimen, the express consentof the appropriate authority of the sending state shall be required therefor.

 

ARTICLEVII

 

This compact shall enter into force and becomeeffective and binding upon the states so acting when it has been enacted intolaw by any two states.  Thereafter, this compact shall enter into force andbecome effective and binding as to any other of said states upon similar actionby such state.

 

ARTICLEVIII

 

This compact shall continue in force and remainbinding upon a party state until it shall have enacted a statute repealing thesame and providing for the sending of formal written notice of withdrawal fromthe compact to the appropriate authority of all other party states.  An actualwithdrawal shall not take effect until one year after the notices provided insaid statute have been sent.  Such withdrawal shall not relieve the withdrawingstate from its obligations assumed hereunder prior to the effective date ofwithdrawal.  Before the effective date of withdrawal, a withdrawing state shallremove to its territory at its own expense, such inmates as it may haveconfined pursuant to the provisions of this compact.

 

ARTICLE IX

 

Nothing contained in this compact shall beconstrued to abrogate or impair any agreement or other arrangement which aparty state may have with a nonparty state for the confinement, rehabilitation,or treatment of inmates nor to repeal any other laws of a party stateauthorizing the making of cooperative institutional arrangements.

 

ARTICLE X

 

The provisions of this compact shall beliberally construed and shall be severable.  If any phrase, clause, sentence,or provision of this compact is declared to be contrary to the constitution ofany participating state or of the United States or the applicability thereof toany government, agency, person, or circumstance is held invalid, the validityof the remainder of this compact and the applicability thereof to anygovernment, agency, person, or circumstance shall not be affected thereby.  Ifthis compact shall be held contrary to the constitution of any stateparticipating therein, the compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affected asto all severable matters. [L 1996, c 57, pt of §1]