CHAPTER 4. INTERSTATE CORRECTIONS COMPACT
IC 11-8-4
Chapter 4. Interstate Corrections Compact
IC 11-8-4-1
Declaration of policy; purpose
Sec. 1. The party states, desiring by common action fully to utilizeand improve their institutional facilities and provide adequateprograms for various types of offenders, declare that it is the policyof each of the party states to provide such facilities and programs ona basis of cooperation with one another, thereby serving the bestinterests of such offenders and of society and effecting economies incapital expenditures and operational costs. The purpose of thiscompact is to provide for the mutual development and execution ofsuch programs of cooperation for the confinement, care, and trainingof offenders with the most economical use of human and materialresources.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-2
Definitions
Sec. 2. As used in this compact, unless the context clearly requiresotherwise:
"State" means a state of the United States; the United States ofAmerica; a territory or possession of the United States; the Districtof Columbia; or the Commonwealth of Puerto Rico.
"Sending state" means a state party to this compact in whichconviction or court commitment was had.
"Receiving state" means a state party to this compact to which aninmate is sent for confinement other than a state in which convictionor court commitment was had.
"Inmate" means a male or female offender who is committed,under sentence to or confined in a penal or correctional institution.
"Institution" means a penal or correctional facility, including butnot limited to, a facility for individuals with a mental illness in whichinmates may lawfully be confined.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.99-2007,SEC.38.
IC 11-8-4-3
Contracts with other states; contents
Sec. 3. (a) The department may make one (1) or more contractswith any one (1) or more of the other party states for the confinementof inmates on behalf of a sending state in institutions situated withinreceiving states. Any such contract shall provide for:
(1) Its duration.
(2) Payments to be made to the receiving state by the sendingstate for inmate maintenance, extraordinary medical and dentalexpenses, and any participation in or receipt by inmates ofcorrectional services, facilities, programs, or treatment notreasonably included as part of normal maintenance. (3) Participation in programs of inmate employment, if any; thedisposition or crediting of any payments received by inmates onaccount thereof; and the crediting of proceeds from or disposalof any products resulting therefrom.
(4) Delivery and retaking of inmates.
(5) Such other matters as may be necessary and appropriate tofix the obligations, responsibilities, and rights of the sendingand receiving states.
(b) The terms and provisions of this compact shall be a part of anycontract entered into by the authority of or pursuant thereto, andnothing in any such contract shall be inconsistent therewith.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-4
Contracts with other states; confinement in institution in territoryof other party state; receiving state to act as agent for sending state
Sec. 4. Whenever the duly constituted authorities in a state partyto this compact, and which has entered into a contract pursuant tosection 3 of this chapter, shall decide that confinement in, or transferof an inmate to, an institution within the territory of another partystate is necessary or desirable in order to provide adequate quartersand care or an appropriate correctional program, said officials maydirect that the confinement be within an institution within theterritory of said other party state, the receiving state to act in regardsolely as agent for the sending state.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-5
Inspection of facilities; visiting inmates in institutions
Sec. 5. The appropriate officials of any state party to this compactshall have access, at all reasonable times, to any institution in whichit has a contractual right to confine inmates for the purpose ofinspecting the facilities thereof and visiting such of its inmates asmay be confined in the institution.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-6
Inmates subject to jurisdiction of sending state
Sec. 6. Inmates confined in an institution pursuant to the terms ofthis compact shall at all times be subject to the jurisdiction of thesending state and may at any time be removed therefrom for transferto a prison or other institution within the sending state, for transferto another institution in which the sending state may have acontractual or other right to confine inmates, for release on probationor parole, for discharge, or for any other purpose permitted by thelaws of the sending state; provided, that the sending state shallcontinue to be obligated to such payments as may be requiredpursuant to the terms of any contract entered into under the terms ofsection 3 of this chapter.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-7
Reports on inmates by receiving state; review
Sec. 7. Each receiving state shall provide regular reports to eachsending state on the inmates of that sending state in institutionspursuant to this compact including a conduct record of each inmateand certify said record to the official designated by the sending state,in order that each inmate may have official review of his or herrecord in determining and altering the disposition of said inmate inaccordance with the law which may obtain in the sending state andin order that the same may be a source of information for the sendingstate.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-8
Humane treatment of inmates
Sec. 8. All inmates who may be confined in an institutionpursuant to the provisions of this compact shall be treated in areasonable and humane manner and shall be treated equally withsuch similar inmates of the receiving state as may be confined in thesame institution. The fact of confinement in a receiving state shallnot deprive any inmate so confined of any legal rights which saidinmate would have had if confined in an appropriate institution of thesending state.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-9
Hearings; facilities; governing law of sending state; records
Sec. 9. Any hearing or hearings to which an inmate confinedpursuant to this compact may be entitled by the laws of the sendingstate may be had before the appropriate authorities of the sendingstate, or of the receiving state if authorized by the sending state. Thereceiving state shall provide adequate facilities for such hearings asmay be conducted by the appropriate officials of a sending state. Inthe event such hearing or hearings are had before officials of thereceiving state, the governing law shall be that of the sending stateand a record of the hearing or hearings as prescribed by the sendingstate shall be made. Said record together with any recommendationsof the hearing officials shall be transmitted forthwith to the officialor officials before whom the hearing would have been had if it hadtaken place in the sending state. In any and all proceedings hadpursuant to the provisions of the section, the officials of the receivingstate shall act solely as agents of the sending state and no finaldetermination shall be made in any matter except by the appropriateofficials of the sending state.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-10
Place of release of inmate; cost of return
Sec. 10. Any inmate confined pursuant to this compact shall bereleased within the territory of the sending state unless the inmate,
and the sending and receiving states, shall agree upon release insome other place. The sending state shall bear the cost of such returnto its territory.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-11
Inmates' benefits or obligations on account of actions orproceedings they could have participated in if confined ininstitutions of sending state
Sec. 11. Any inmate confined pursuant to the terms of thiscompact shall have any and all rights to participate in and derive anybenefits or incur or be relieved of any obligations or have suchobligations modified or his status changed on account of any actionor proceeding in which he could have participated if confined in anyappropriate institution of the sending state located within such state.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-12
Rights of parent, guardian, trustee, or other persons
Sec. 12. The parent, guardian, trustee, or other person or personsentitled under the laws of the sending state to act for, advise, orotherwise function with respect to any inmate shall not be deprivedof or restricted in his exercise of any power in respect of any inmateconfined pursuant to the terms of this compact.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-13
Finality of decisions of sending state in respect of any matter
Sec. 13. Any decision of the sending state in respect of any matterover which it retains jurisdiction pursuant to this compact shall beconclusive upon and not reviewable within the receiving state, but ifat the time the sending state seeks to remove an inmate from aninstitution in the receiving state there is pending against the inmatewithin such state any criminal offense, the inmate shall not bereturned without the consent of the receiving state until dischargedfrom prosecution or other form of proceeding, imprisonment, ordetention for such offense. The duly accredited officers of thesending state shall be permitted to transport inmates pursuant to thiscompact through any and all states party to this compact withoutinterference.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-14
Escape
Sec. 14. An inmate who escapes from an institution in which heis confined pursuant to this compact shall be deemed a fugitive fromthe sending state and from the state in which the institution issituated. In the case of an escape to a jurisdiction other than thesending or receiving state, the responsibility for institution ofextradition or rendition proceedings shall be that of the sending state,
but nothing contained herein shall be construed to prevent or affectthe activities of officers and agencies of any jurisdiction directedtoward the apprehension and return of an escapee.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-15
Federal aid
Sec. 15. Any state party to this compact may accept federal aid foruse in connection with any institution or program, the use of whichis or may be affected by this compact or any contract pursuant heretoand any inmate in a receiving state pursuant to this compact mayparticipate in any such federally aided program or activity for whichthe sending and receiving states have made contractual provision;provided, that if such program or activity is not part of the customarycorrectional regimen, the express consent of the appropriate officialof the sending state shall be required therefor.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-16
Effective date
Sec. 16. This compact shall enter into force and become effectiveand binding upon the states so acting when it has been enacted intolaw by any two (2) states. Thereafter, this compact shall enter intoforce and become effective and binding as to any other of said statesupon similar action by such state.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-17
Withdrawal from compact
Sec. 17. This compact shall continue in force and remain bindingupon a party state until it shall have enacted a statute repealing thesame and providing for the sending of formal written notice ofwithdrawal from the compact to the appropriate officials of all otherparty states. An actual withdrawal shall not take effect until one (1)year after the notices provided in said statute have been sent. Suchwithdrawal shall not relieve the withdrawing state from itsobligations assumed hereunder prior to the effective date ofwithdrawal. Before the effective date of withdrawal a withdrawingstate shall remove to its territory, at its own expense, such inmates asit may have confined pursuant to the provisions of this compact.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-18
Effect of compact on agreements or arrangements with nonpartystate
Sec. 18. Nothing contained in this compact shall be construed toabrogate or impair any agreement or other arrangement which thisstate may have with a nonparty state for the confinement, care, ortraining of inmates nor to repeal any other laws of this stateauthorizing the making of cooperative institutional arrangements.As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-19
Construction; severability
Sec. 19. The provisions of this compact shall be liberallyconstrued and shall be severable. If any phrase, clause, sentence, orprovision of this compact is declared to be contrary to theconstitution of any participating state or of the United States or theapplicability thereof to any government, agency, person, orcircumstance is held invalid, the validity of the remainder of thiscompact and the applicability thereof to any government, agency,person, or circumstance shall not be affected thereby. If this compactshall be held contrary to the constitution of any state participatingtherein, the compact shall remain in full force and effect as to theremaining states and in full force and effect as to the state affectedas to all severable matters.
As added by Acts 1979, P.L.120, SEC.1.
IC 11-8-4-20
Authority of commissioner to carry out compact; delegation ofauthority
Sec. 20. The commissioner is hereby authorized and directed todo all things necessary or incidental to the carrying out of thiscompact in every particular and he may in his discretion delegate thisauthority.
As added by Acts 1979, P.L.120, SEC.1.