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



 



WESTERN
INTERSTATE CORRECTIONS COMPACT



Article 1. 
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 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 2. 
Definitions



 



As used in this compact, unless the context
clearly requires otherwise:



(a)  "State" means a state of the
United States, and 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 3. 
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)  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
percentum 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 monies 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 4. 
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 3, 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 is
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 3.



(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 5. 
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 6. 
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 had 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 7. 
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 purposes 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 8. 
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 9. 
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 10. 
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. [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 presents
no issue relating to federally protected constitutional rights.  455 F.2d 510.



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