IC 11-12-8
    Chapter 8. Interstate Compact on Community CorrectionsTransfers

IC 11-12-8-1
"Community corrections program" defined
    
Sec. 1. As used in this chapter, "community corrections program"means a community based program that provides preventive services,services to criminal or juvenile offenders, services to personscharged with a crime or an act of delinquency, services to personsdiverted from the criminal or delinquency process, services topersons sentenced to imprisonment, or services to victims of crimeor delinquency that may include the following:
        (1) Residential programs.
        (2) Work release programs.
        (3) House arrest, home detention, and electronic monitoringprograms.
        (4) Community restitution or service programs.
        (5) Victim-offender reconciliation programs.
        (6) Jail services programs.
        (7) Jail work crews.
        (8) Community work crews.
        (9) Juvenile detention alternative programs.
        (10) Study release programs.
As added by P.L.73-1994, SEC.1. Amended by P.L.32-2000, SEC.5.

IC 11-12-8-2
Interstate compact provisions
    
Sec. 2. The governor may enter into a compact under this chapteron behalf of the state with any other state that legally joins in thecompact in a form that is substantially similar to the following:
    A contracting state agrees to the following:
        (1) The judicial and administrative authorities of a state that isa party to this compact (referred to as the "sending state") mayallow a person who is a criminal or a juvenile offender withinthe state and who has been placed in a community correctionsprogram under IC 35-38-2.6 to reside in any other state that isa party to this compact (referred to as the "receiving state")while participating in the community corrections program if:
            (A) the person:
                (i) is a resident of or has family residing in the receivingstate; or
                (ii) is not a resident of the receiving state and does nothave family residing in the receiving state and thereceiving state consents to sending the person to thereceiving state; and
            (B) the sending state determines that the receiving state hasa community corrections program that is adequate tosupervise the person.
        (2) That a receiving state will:            (A) assume the duties of supervision over persons placed ina community corrections program of a sending state; and
            (B) be governed by the same standards that prevail forpersons in the receiving state's community correctionsprogram.
        (3) That accredited officers of a sending state may enter areceiving state to apprehend and retake a person sent from thesending state to the receiving state. Unless otherwise requiredby law, no formalities are required to retake a person other thanestablishing the authority of the officer and the identity of theperson to be retaken. All legal requirements to obtainextradition of fugitives from justice are expressly waived. Thedecision of the sending state to retake a person sent to areceiving state is not reviewable within the receiving state.However, if at the time a sending state seeks to retake a personin a receiving state there is a criminal charge pending againstthe person within the receiving state or the person is suspectedof having committed a criminal offense within the receivingstate, the person may not be retaken without the consent of thereceiving state until the person is discharged from prosecutionor from imprisonment for the criminal offense.
        (4) That the accredited officers of a sending state may transportprisoners being retaken by the sending state through any statethat is a party to this compact without interference.
        (5) That the governor of each state may designate an officerwho, acting jointly with similar officers of other contractingstates, shall adopt administrative rules necessary to effectivelycarry out the terms of this compact.
        (6) That this compact becomes operative immediately upon itsratification by any state between the state and any other statethat has ratified the compact. When ratified by a state, thecompact has the full force and effect of law within the state.The form of ratification must be in accordance with the laws ofthe ratifying state.
        (7) That this compact continues in force and remains bindingupon each ratifying state until renounced by the state. Theduties and obligations under this compact of a receiving statethat renounces this compact continue as to persons incommunity corrections programs residing in the state at the timeof the receiving state's withdrawal until retaken or finallydischarged by the sending state. Renunciation of this compactshall be by the same authority that ratified the compact bysending six (6) months notice to each state that has ratified thecompact in writing of the state's intention to withdraw from thecompact.
As added by P.L.73-1994, SEC.1. Amended by P.L.104-1997, SEC.5.

IC 11-12-8-3
Administration by department of correction
    
Sec. 3. (a) The department of correction is the administrator for

persons participating in community corrections programsparticipating in the interstate compact under this chapter.
    (b) The department may establish a staff position to which theduties of the compact administrator may be delegated.
    (c) The department of correction shall adopt rules under IC 4-22-2prescribing duties and procedures for administering the interstatecompact under this chapter and IC 11-12-9.
As added by P.L.73-1994, SEC.1.

IC 11-12-8-4
Court authorization of transfer
    
Sec. 4. Before a person may be transferred from Indiana to areceiving state under this chapter, the court that placed the person ina community corrections program must authorize the transfer.
As added by P.L.73-1994, SEC.1.