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 the
state with any of the United States legally joining therein in the form
substantially as follows:
A Compact. Entered into by and among the contracting states,
signatories hereto, with the consent of the Congress of the United
States of America, granted by an act entitled "An act granting the
consent of Congress to any two (2) or more states to enter into
agreements or compacts for cooperative effort and mutual assistance
in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial
and administrative authorities of a state party to this compact,
(herein called "sending state") to permit any person convicted
of an offense within such state and placed on probation or
released on parole to reside in any other state party to this
compact, (herein called "receiving state") while on probation or
parole, if:
(A) such person is in fact a resident of or has his family residing
within the receiving state and can obtain employment there; and
(B) though not a resident of the receiving state and not having
his family residing there, the receiving state consents to such
person's being sent there.
Before granting such permission, opportunity shall be granted
to the receiving state to investigate the home and prospective
employment of such persons.
A resident of the receiving state, within the meaning of this
section, is one who has been an actual inhabitant of such state
continuously for more than one (1) year prior to his coming to
the sending state and has not resided within the sending state
more than six (6) continuous months immediately preceding the
commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation
of and supervision over probationers or parolees of any sending
state and in the exercise of those duties will be governed by the
same standards that prevail for its own probationers and
parolees.
(3) That duly accredited officers of a sending state may enter a
receiving state and there apprehend and retake any person on
probation or parole. Unless otherwise required by law, no
formalities will be required other than establishing the authority
of the officer and the identity of the person to be retaken. All
legal requirements to obtain extradition of fugitives from justice
are hereby expressly waived. The decision of the sending state
to retake a person on probation or parole shall be conclusive
upon and not reviewable within the receiving state: provided,
however, that if at the time when a state seeks to retake a
probationer or parolee there should be pending against him
within the receiving state any criminal charge, or he should be
suspected of having committed within such state a criminal
offense, he shall not be retaken without the consent of the
receiving state until discharged from prosecution or from
imprisonment for such offense.
(4) That the duly accredited officers of sending state will be
permitted to transport prisoners being retaken through any and
all states parties to this compact, without interference.
(5) That the governor of each state may designate an officer
who, acting jointly with like officers of other contracting states,
if and when appointed, shall promulgate such rules and
regulations as may be deemed necessary to more effectively
carry out the terms of this compact.
(6) That this compact shall become operative immediately upon
its ratification by any state as between it and any other state or
states so ratifying. When ratified it shall have the full force and
effect of law within such state. The form of ratification to be in
accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain
binding upon each ratifying state until renounced by it. The
duties and obligations hereunder of a renouncing state shall
continue as to parolees or probationers residing therein at the
time of withdrawal until retaken or finally discharged by the
sending state. Renunciation of this compact shall be by the
same authority which ratified it, by sending six (6) months
notice 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 or
compacts with any of the United States not inconsistent with the laws
of this state or of the United States, or the other agreeing states, for
cooperative effort and mutual assistance in the prevention of crime
and in the enforcement of the penal laws and policies of the
contracting states and to establish agencies, joint or otherwise, as
may be deemed desirable for making effective such agreements and
compacts. The intent of this chapter is to grant to the governor
administrative power if conditions of crime make it necessary to bind
the state in a cooperative effort to reduce crime and to make the
enforcement 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 council
under IC 11-13-4.5 is the administrator for probationers participating
in the interstate compact for the supervision of parolees and
probationers under this chapter and under IC 11-13-5.
(b) The judicial conference of Indiana may establish a staff
position within the Indiana judicial center to which the duties of the
compact administrator may be delegated.
(c) The judicial conference of Indiana shall adopt rules under
IC 4-22-2 prescribing duties and procedures for administering
probationers participating in the interstate compact under this chapter
and 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.
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 the
state with any of the United States legally joining therein in the form
substantially as follows:
A Compact. Entered into by and among the contracting states,
signatories hereto, with the consent of the Congress of the United
States of America, granted by an act entitled "An act granting the
consent of Congress to any two (2) or more states to enter into
agreements or compacts for cooperative effort and mutual assistance
in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial
and administrative authorities of a state party to this compact,
(herein called "sending state") to permit any person convicted
of an offense within such state and placed on probation or
released on parole to reside in any other state party to this
compact, (herein called "receiving state") while on probation or
parole, if:
(A) such person is in fact a resident of or has his family residing
within the receiving state and can obtain employment there; and
(B) though not a resident of the receiving state and not having
his family residing there, the receiving state consents to such
person's being sent there.
Before granting such permission, opportunity shall be granted
to the receiving state to investigate the home and prospective
employment of such persons.
A resident of the receiving state, within the meaning of this
section, is one who has been an actual inhabitant of such state
continuously for more than one (1) year prior to his coming to
the sending state and has not resided within the sending state
more than six (6) continuous months immediately preceding the
commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation
of and supervision over probationers or parolees of any sending
state and in the exercise of those duties will be governed by the
same standards that prevail for its own probationers and
parolees.
(3) That duly accredited officers of a sending state may enter a
receiving state and there apprehend and retake any person on
probation or parole. Unless otherwise required by law, no
formalities will be required other than establishing the authority
of the officer and the identity of the person to be retaken. All
legal requirements to obtain extradition of fugitives from justice
are hereby expressly waived. The decision of the sending state
to retake a person on probation or parole shall be conclusive
upon and not reviewable within the receiving state: provided,
however, that if at the time when a state seeks to retake a
probationer or parolee there should be pending against him
within the receiving state any criminal charge, or he should be
suspected of having committed within such state a criminal
offense, he shall not be retaken without the consent of the
receiving state until discharged from prosecution or from
imprisonment for such offense.
(4) That the duly accredited officers of sending state will be
permitted to transport prisoners being retaken through any and
all states parties to this compact, without interference.
(5) That the governor of each state may designate an officer
who, acting jointly with like officers of other contracting states,
if and when appointed, shall promulgate such rules and
regulations as may be deemed necessary to more effectively
carry out the terms of this compact.
(6) That this compact shall become operative immediately upon
its ratification by any state as between it and any other state or
states so ratifying. When ratified it shall have the full force and
effect of law within such state. The form of ratification to be in
accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain
binding upon each ratifying state until renounced by it. The
duties and obligations hereunder of a renouncing state shall
continue as to parolees or probationers residing therein at the
time of withdrawal until retaken or finally discharged by the
sending state. Renunciation of this compact shall be by the
same authority which ratified it, by sending six (6) months
notice 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 or
compacts with any of the United States not inconsistent with the laws
of this state or of the United States, or the other agreeing states, for
cooperative effort and mutual assistance in the prevention of crime
and in the enforcement of the penal laws and policies of the
contracting states and to establish agencies, joint or otherwise, as
may be deemed desirable for making effective such agreements and
compacts. The intent of this chapter is to grant to the governor
administrative power if conditions of crime make it necessary to bind
the state in a cooperative effort to reduce crime and to make the
enforcement 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 council
under IC 11-13-4.5 is the administrator for probationers participating
in the interstate compact for the supervision of parolees and
probationers under this chapter and under IC 11-13-5.
(b) The judicial conference of Indiana may establish a staff
position within the Indiana judicial center to which the duties of the
compact administrator may be delegated.
(c) The judicial conference of Indiana shall adopt rules under
IC 4-22-2 prescribing duties and procedures for administering
probationers participating in the interstate compact under this chapter
and 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.
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 the
state with any of the United States legally joining therein in the form
substantially as follows:
A Compact. Entered into by and among the contracting states,
signatories hereto, with the consent of the Congress of the United
States of America, granted by an act entitled "An act granting the
consent of Congress to any two (2) or more states to enter into
agreements or compacts for cooperative effort and mutual assistance
in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial
and administrative authorities of a state party to this compact,
(herein called "sending state") to permit any person convicted
of an offense within such state and placed on probation or
released on parole to reside in any other state party to this
compact, (herein called "receiving state") while on probation or
parole, if:
(A) such person is in fact a resident of or has his family residing
within the receiving state and can obtain employment there; and
(B) though not a resident of the receiving state and not having
his family residing there, the receiving state consents to such
person's being sent there.
Before granting such permission, opportunity shall be granted
to the receiving state to investigate the home and prospective
employment of such persons.
A resident of the receiving state, within the meaning of this
section, is one who has been an actual inhabitant of such state
continuously for more than one (1) year prior to his coming to
the sending state and has not resided within the sending state
more than six (6) continuous months immediately preceding the
commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation
of and supervision over probationers or parolees of any sending
state and in the exercise of those duties will be governed by the
same standards that prevail for its own probationers and
parolees.
(3) That duly accredited officers of a sending state may enter a
receiving state and there apprehend and retake any person on
probation or parole. Unless otherwise required by law, no
formalities will be required other than establishing the authority
of the officer and the identity of the person to be retaken. All
legal requirements to obtain extradition of fugitives from justice
are hereby expressly waived. The decision of the sending state
to retake a person on probation or parole shall be conclusive
upon and not reviewable within the receiving state: provided,
however, that if at the time when a state seeks to retake a
probationer or parolee there should be pending against him
within the receiving state any criminal charge, or he should be
suspected of having committed within such state a criminal
offense, he shall not be retaken without the consent of the
receiving state until discharged from prosecution or from
imprisonment for such offense.
(4) That the duly accredited officers of sending state will be
permitted to transport prisoners being retaken through any and
all states parties to this compact, without interference.
(5) That the governor of each state may designate an officer
who, acting jointly with like officers of other contracting states,
if and when appointed, shall promulgate such rules and
regulations as may be deemed necessary to more effectively
carry out the terms of this compact.
(6) That this compact shall become operative immediately upon
its ratification by any state as between it and any other state or
states so ratifying. When ratified it shall have the full force and
effect of law within such state. The form of ratification to be in
accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain
binding upon each ratifying state until renounced by it. The
duties and obligations hereunder of a renouncing state shall
continue as to parolees or probationers residing therein at the
time of withdrawal until retaken or finally discharged by the
sending state. Renunciation of this compact shall be by the
same authority which ratified it, by sending six (6) months
notice 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 or
compacts with any of the United States not inconsistent with the laws
of this state or of the United States, or the other agreeing states, for
cooperative effort and mutual assistance in the prevention of crime
and in the enforcement of the penal laws and policies of the
contracting states and to establish agencies, joint or otherwise, as
may be deemed desirable for making effective such agreements and
compacts. The intent of this chapter is to grant to the governor
administrative power if conditions of crime make it necessary to bind
the state in a cooperative effort to reduce crime and to make the
enforcement 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 council
under IC 11-13-4.5 is the administrator for probationers participating
in the interstate compact for the supervision of parolees and
probationers under this chapter and under IC 11-13-5.
(b) The judicial conference of Indiana may establish a staff
position within the Indiana judicial center to which the duties of the
compact administrator may be delegated.
(c) The judicial conference of Indiana shall adopt rules under
IC 4-22-2 prescribing duties and procedures for administering
probationers participating in the interstate compact under this chapter
and 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.
