State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-120

§148‑120.  Governor to execute; form of compact.

The Governor of North Carolinais hereby authorized and requested to execute, on behalf of the State of NorthCarolina, with any other state or states legally joining therein a compactwhich shall be in form substantially as follows:

The contracting statessolemnly agree that:

(1)        The party states,desiring by common action to fully utilize and improve their institutionalfacilities and provide adequate programs for the confinement, treatment andrehabilitation of various types of offenders, declare that it is the policy ofeach of the party states to provide such facilities and programs on a basis ofcooperation with one another, and with the federal government, thereby servingthe best interest of such offenders and of society and effecting economies incapital expenditures and operational costs. The purpose of this compact is toprovide for the mutual development and execution of such programs ofcooperation for the confinement, treatment and rehabilitation of offenders withthe most economical use of human and material resources.

(2)        As used in thiscompact, unless the context clearly requires  otherwise:

a.         "State"means a state of the United States; the United States  of America; a territoryor possession of the United States; the District of Columbia; the Commonwealthof Puerto Rico.

b.         "Sendingstate" means a state party to this compact in which conviction or courtcommitment was had.

c.         "Receivingstate" means a state party to this compact to which an inmate is sent forconfinement other than a state in which conviction or court commitment was had.

d.         "Inmate"means a male or female offender who is committed, under sentence to or confinedin a penal or correctional institution.

e.         "Institution"means any penal or correctional facility, including but not limited to afacility for the mentally ill or mentally defective, in which inmates asdefined in (2)d. above may lawfully be confined.

(3)        a.         Eachparty state may make one or more contracts with  any one or more of the otherparty states, or with the federal government, for the confinement of inmates onbehalf of a sending state in institutions situated within receiving states. Anysuch contract shall provide for:

1.         Its duration;

2.         Payments to be madeto the receiving state or to the federal government, by the sending state forinmate maintenance, extraordinary medical and dental expenses, and anyparticipation in or receipt by inmates of rehabilitative or correctionalservices, facilities, programs or treatment not reasonably included as part ofnormal maintenance;

3.         Participation inprograms of inmate employment, if any; the disposition or crediting of anypayments received by inmates on account thereof; and the crediting of proceedsfrom or disposal of any products resulting therefrom;

4.         Delivery andretaking of inmates;

5.         Such other mattersas may be necessary and appropriate to fix the obligations, responsibilitiesand rights of the sending and receiving states.

b.         The terms andprovisions of this compact shall be a part of any contract entered into by theauthority of or pursuant thereto and nothing in any such contract shall beinconsistent therewith.

(4)        a.         Wheneverthe duly constituted authorities in a state  party to this compact, and whichhas entered into a contract pursuant to Article III, Subsection (1) [paragrapha. of subdivision (3)] shall decide that confinement in, or transfer of aninmate to, an institution within the territory of another party state isnecessary or desirable in order to provide adequate quarters and care or anappropriate program of rehabilitation or treatment, said officials may directthat the confinement be within an institution within the territory of saidother party state, the receiving state to act in that regard solely as agentfor the sending state.

b.         The appropriateofficials of any state party to this compact shall have access, at allreasonable times, to any institution in which it has a contractual right toconfine inmates for the purpose of inspecting the facilities thereof andvisiting such of its inmates as may be confined in the institution.

c.         Inmates confined inan institution pursuant to the terms of this compact shall at all times besubject to the jurisdiction of the sending state and may at any time be removedtherefrom for transfer to a prison or other institution within the sendingstate, for transfer to another institution in which the sending state may havea contractual or other right to confine inmates, for release on probation orparole, for discharge, or for any other purpose permitted by the laws of thesending state, provided that the sending state shall continue to be obligatedto such payments as may be required pursuant to the terms of any contractentered into under the terms of Article III, Subsection (1) [paragraph a. ofsubdivision (3)].

d.         Each receiving stateshall provide regular reports to each sending state on the inmates of thatsending state in institutions pursuant to this compact including a conductrecord of each inmate and certify said record to the official designated by thesending state, in order that each inmate may have official review of his or herrecord in determining and altering the disposition of said inmate in accordancewith the law which may obtain in the sending state and in order that the samemay be a source of information for the sending state.

e.         All inmates who maybe confined in an institution pursuant to the provisions of this compact shallbe treated in a reasonable and humane manner and shall be treated equally withsuch similar inmates of the receiving state as may be confined in the sameinstitution. The fact of confinement in a receiving state shall not deprive anyinmate so confined of any legal rights which said inmate would have had ifconfined in an appropriate institution  of the sending state.

f.          Any hearing orhearings to which an inmate confined pursuant to this compact may be entitledby the laws of the sending state may be had before the appropriate authoritiesof the sending state, or of the receiving state if authorized by the sendingstate. The receiving state shall provide adequate facilities for such hearingsas may be conducted by the appropriate officials of a sending state. In theevent 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 thehearing or hearings as prescribed by the sending state shall be made. Saidrecord, together with any recommendations of the hearing officials, shall betransmitted forthwith to the official or officials before whom the hearingwould have been had if it had taken place in the sending state. In any and allproceedings had pursuant to the provisions of this subdivision, the officialsof the receiving state shall act solely as agents of the sending state and nofinal determination shall be made in any matter except by the appropriateofficials of the sending state.

g.         Any inmate confinedpursuant to this compact shall be released within the territory of the sending stateunless the inmate, and the sending and receiving states, shall agree uponrelease in some other place. The sending state shall bear the cost of suchreturn to its territory.

h.         Any inmate confinedpursuant to the terms of this compact shall have any and all rights toparticipate in and derive any benefits or incur or be relieved of anyobligations or have such obligations modified or his status changed on accountof any action or proceeding in which he could have participated if confined inany appropriate institution of the sending state located within such state.

i.          The parents,guardian, trustee, or other person or persons entitled under the laws of thesending state to act for, advise or otherwise function with respect to anyinmate shall not be deprived of or restricted in his exercise of any power inrespect of any inmate confined pursuant to the terms of this compact.

(5)        a.         Anydecision of the sending state in respect to any matter over which it retainsjurisdiction pursuant to this compact shall be conclusive upon and notreviewable within the receiving state, but if at the time the sending stateseeks to remove an inmate from an institution in the receiving state there ispending against the inmate within such state any criminal charge or if theinmate is formally accused of having committed within such state a criminaloffense, the inmate shall not be returned without the consent of the receivingstate until discharge from prosecution or other form of proceeding,imprisonment or detention for such offense. The duly accredited officers of thesending state shall be permitted to transport inmates pursuant to this compactthrough any and all states party to this compact without interference.

b.         An inmate whoescapes from an institution in which he is confined pursuant to this compactshall be deemed a fugitive from the sending state and from the state in whichthe institution is situated. In the case of an escape to a jurisdiction otherthan the sending or receiving state, the responsibility for institution ofextradition or rendition proceedings shall be that of the sending state, butnothing contained herein shall be construed to prevent or affect the activitiesof officers and agencies of any jurisdiction directed toward the apprehensionand return of an escapee.

(6)        Any state party tothis compact may accept federal aid for use in connection with any institutionor program, the use of which is or may be affected by this compact or anycontract pursuant hereto; and any inmate in a receiving state pursuant to thiscompact may participate in any such federally‑aided program or activityfor which the 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 official of thesending state shall be required therefor.

(7)        This compact shallenter into force and become effective and  binding upon the states so actingwhen it has been enacted into law by any two states. Thereafter, this compactshall enter into force and become effective and binding as to any other of saidstates upon similar action by such state.

(8)        This compact shallcontinue in force and remain binding upon  a party state until it shall haveenacted a statute repealing the same and providing for the sending of formalwritten notice of withdrawal from the compact to the appropriate official ofall other party states. An actual withdrawal shall not take effect until oneyear after the notice provided in said statute has been sent. Such withdrawalshall not relieve the withdrawing state from its obligations assumed hereunderprior to the effective date of withdrawal. Before effective date of withdrawal,a withdrawing state shall remove to its territory, at its own expense, suchinmates as it may have confined pursuant to the provisions of this compact.

(9)        Nothing contained inthis compact shall be construed to abrogate or impair any agreement or otherarrangement which a party state may have with a nonparty state for theconfinement, rehabilitation or treatment of inmates nor to repeal any otherlaws of a party state authorizing the making of cooperative institutionalarrangements.

(10)      The provisions ofthis compact shall be liberally construed  and shall be severable. If anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any participating state or of the United Statesor the applicability thereof to any government, agency, person or circumstanceis held invalid, the validity  of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the remaining states and in full force and effectas to the state affected as to all severable matters. (1979,c. 623.)