CHAPTER 4. OUT-OF-STATE PROBATIONER OR PAROLEE
IC 11-13-4
Chapter 4. Out-of-State Probationer or Parolee
IC 11-13-4-1
Compact
Sec. 1. The governor shall enter into a compact on behalf of thestate with any of the United States legally joining therein in the formsubstantially as follows:
A Compact. Entered into by and among the contracting states,signatories hereto, with the consent of the Congress of the UnitedStates of America, granted by an act entitled "An act granting theconsent of Congress to any two (2) or more states to enter intoagreements or compacts for cooperative effort and mutual assistancein the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicialand administrative authorities of a state party to this compact,(herein called "sending state") to permit any person convictedof an offense within such state and placed on probation orreleased on parole to reside in any other state party to thiscompact, (herein called "receiving state") while on probation orparole, if:
(A) such person is in fact a resident of or has his family residingwithin the receiving state and can obtain employment there; and
(B) though not a resident of the receiving state and not havinghis family residing there, the receiving state consents to suchperson's being sent there.
Before granting such permission, opportunity shall be grantedto the receiving state to investigate the home and prospectiveemployment of such persons.
A resident of the receiving state, within the meaning of thissection, is one who has been an actual inhabitant of such statecontinuously for more than one (1) year prior to his coming tothe sending state and has not resided within the sending statemore than six (6) continuous months immediately preceding thecommission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitationof and supervision over probationers or parolees of any sendingstate and in the exercise of those duties will be governed by thesame standards that prevail for its own probationers andparolees.
(3) That duly accredited officers of a sending state may enter areceiving state and there apprehend and retake any person onprobation or parole. Unless otherwise required by law, noformalities will be required other than establishing the authorityof the officer and the identity of the person to be retaken. Alllegal requirements to obtain extradition of fugitives from justiceare hereby expressly waived. The decision of the sending stateto retake a person on probation or parole shall be conclusiveupon and not reviewable within the receiving state: provided,
however, that if at the time when a state seeks to retake aprobationer or parolee there should be pending against himwithin the receiving state any criminal charge, or he should besuspected of having committed within such state a criminaloffense, he shall not be retaken without the consent of thereceiving state until discharged from prosecution or fromimprisonment for such offense.
(4) That the duly accredited officers of sending state will bepermitted to transport prisoners being retaken through any andall states parties to this compact, without interference.
(5) That the governor of each state may designate an officerwho, acting jointly with like officers of other contracting states,if and when appointed, shall promulgate such rules andregulations as may be deemed necessary to more effectivelycarry out the terms of this compact.
(6) That this compact shall become operative immediately uponits ratification by any state as between it and any other state orstates so ratifying. When ratified it shall have the full force andeffect of law within such state. The form of ratification to be inaccordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remainbinding upon each ratifying state until renounced by it. Theduties and obligations hereunder of a renouncing state shallcontinue as to parolees or probationers residing therein at thetime of withdrawal until retaken or finally discharged by thesending state. Renunciation of this compact shall be by thesame authority which ratified it, by sending six (6) monthsnotice in writing of its intention to withdraw from the compact.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-4-2
Other agreements or compacts
Sec. 2. The governor may enter into any other agreements orcompacts with any of the United States not inconsistent with the lawsof this state or of the United States, or the other agreeing states, forcooperative effort and mutual assistance in the prevention of crimeand in the enforcement of the penal laws and policies of thecontracting states and to establish agencies, joint or otherwise, asmay be deemed desirable for making effective such agreements andcompacts. The intent of this chapter is to grant to the governoradministrative power if conditions of crime make it necessary to bindthe state in a cooperative effort to reduce crime and to make theenforcement of the criminal laws of agreeing states more effective,all pursuant to the consent of the Congress of the United States.
As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-4-3
Compact administrator
Sec. 3. (a) The compact administrator selected by the state councilunder IC 11-13-4.5 is the administrator for probationers participating
in the interstate compact for the supervision of parolees andprobationers under this chapter and under IC 11-13-5.
(b) The judicial conference of Indiana may establish a staffposition within the Indiana judicial center to which the duties of thecompact administrator may be delegated.
(c) The judicial conference of Indiana shall adopt rules underIC 4-22-2 prescribing duties and procedures for administeringprobationers participating in the interstate compact under this chapterand under IC 11-13-5.
As added by P.L.138-1989, SEC.2. Amended by P.L.110-2003,SEC.1; P.L.97-2004, SEC.46.