§355-1  Compact.  The Western InterstateCorrections Compact as contained herein is hereby enacted into law and enteredinto on behalf of the State of Hawaii with any and all other states legallyjoining therein in a form as follows:

 

WESTERNINTERSTATE CORRECTIONS COMPACT

Article 1. Purpose and Policy

 

The party states, desiring by common action toimprove their institutional facilities and provide programs of sufficientlyhigh quality for the confinement, treatment, and rehabilitation of varioustypes of offenders, declare that it is the policy of each of the party statesto provide such facilities and programs on a basis of cooperation with oneanother, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution ofsuch programs of cooperation for the confinement, treatment, and rehabilitationof offenders.

 

Article 2. Definitions

 

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

(a)  "State" means a state of theUnited States, and Guam.

(b)  "Sending state" means a stateparty to this compact in which conviction was had.

(c)  "Receiving state" means a stateparty to this compact to which an inmate is sent for confinement other than astate in which conviction was had.

(d)  "Inmate" means a male or femaleoffender who is under sentence to or confined in a prison or other correctionalinstitution.

(e)  "Institution" means any prison,reformatory or other correctional facility (including but not limited to afacility for the mentally ill or mentally defective) in which inmates maylawfully be confined.

 

Article 3. Contracts

 

(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)  Prior to the construction or completion ofconstruction of any institution or addition thereto by a party state, any otherparty state or states may contract therewith for the enlargement of the plannedcapacity of the institution or addition thereto, or for the inclusion thereinof particular equipment or structures, and for the reservation of a specificpercentum of the capacity of the institution to be kept available for use byinmates of the sending state or states so contracting.  Any sending state socontracting may, to the extent that monies are legally available therefor, payto the receiving state, a reasonable sum as consideration for such enlargementof capacity, or provision of equipment or structures, and reservation ofcapacity.  Such payment may be in a lump sum or in installments as provided inthe contract.

(c)  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 4. Procedures and Rights

 

(a)  Whenever the duly constituted judicial oradministrative authorities in a state party to this compact, and which hasentered into a contract pursuant to Article 3, shall decide that confinementin, or transfer of an inmate to, an institution within the territory of anotherparty state is necessary in order to provide adequate quarters and care or isdesirable in order to provide an appropriate program of rehabilitation ortreatment, said officials may direct that the confinement be within aninstitution within the territory of said other party state, the receiving stateto act in that regard solely as agent for the sending 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, fortransfer to another institution in which the sending state may have acontractual 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 sendingstate; provided that the sending state shall continue to be obligated to suchpayments as may be required pursuant to the terms of any contract entered intounder the terms of Article 3.

(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 said record to the official designated by the sending state, inorder that each inmate may have the benefit of his or her record in determiningand altering the disposition of said inmate in accordance with the law whichmay obtain in the sending state and in order that the same may be a source ofinformation 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 cared for and treated equally withsuch similar inmates of the receiving state as may be confined in the sameinstitution.  The fact of confinement in a receiving state shall not depriveany inmate so confined of any legal rights which said inmate would have had ifconfined in an appropriate 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 authorities 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 theappropriate officials of a sending state.  In the event such hearing orhearings are had before officials of the receiving state, the governing lawshall be that of the sending state and a record of the hearing or hearings asprescribed by the sending state shall be made.  Said record together with anyrecommendations of the hearing officials shall be transmitted forthwith to theofficial or officials before whom the hearing would have been had if it hadtaken place in the sending state.  In any and all proceedings had pursuant tothe provisions of this subdivision, the officials of the receiving state shallact solely as agents of the sending state and no final determination shall bemade in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by thesending 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 his status changed on account of any action or proceeding in whichhe could have participated if confined in any appropriate institution of thesending 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 his exercise of any power in respect of any inmate confinedpursuant to the terms of this compact.

 

Article 5. Acts Not Reviewable in Receiving State; Extradition

 

(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 suspected 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.  The dulyaccredited 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 he is confined pursuant to this compact shall be deemed a fugitivefrom 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 proceedingsshall be that of the sending state, but nothing contained herein shall be construedto prevent or affect the activities of officers and agencies of anyjurisdiction directed toward the apprehension and return of an escapee.

 

Article 6. Federal Aid

 

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 had contractual provision; provided that if such program oractivity is not part of the customary correctional regimen the express consentof the appropriate official of the sending state shall be required therefor.

 

Article 7. Entry Into Force

 

This compact shall enter into force and becomeeffective and binding upon the states so acting when it has been enacted intolaw 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 purposes of this article, Alaskaand Hawaii shall be deemed contiguous to each other; to any and all of thestates of California, Oregon and Washington; and to Guam.  Thereafter, thiscompact shall enter into force and become effective and binding as to any otherof said states, or any other state contiguous to at least one party state uponsimilar action by such state.  Guam may become party to this compact by taking actionsimilar to that provided for joinder by any other eligible party state and uponthe consent of Congress to such joinder.  For the purposes of this article,Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon andWashington.

 

Article 8. Withdrawal and Termination

 

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 officials of all other party states.  An actualwithdrawal shall not take effect until two years 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 9. Other Arrangements Unaffected

 

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, rehabilitationor treatment of inmates nor to repeal any other laws of a party stateauthorizing the making of cooperative institutional arrangements.

 

Article 10. Construction and Severability

 

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 1965, c 118, §1; Supp, §83E-1; HRS §355-1]

 

Case Notes

 

  Art. 4(f):  Applied:  52 H. 420, 477 P.2d 630.

  Transfer to mainland prison against prisoner's will presentsno issue relating to federally protected constitutional rights.  455 F.2d 510.

  See Park v. Thompson, 356 F. Supp. 783.