State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2827

§ 7B‑2827.  (Forcontingent repeal – see note) Out‑of‑State Confinement Amendment.

(a)        The Out‑of‑StateConfinement Amendment to the Interstate Compact on Juveniles is hereby enactedinto law and entered into by this State with all other states legally joiningtherein in the form substantially as follows:

(1)        Whenever the fullyconstituted judicial or administrative authorities in a sending state shalldetermine that confinement of a probationer or reconfinement of a parolee isnecessary or desirable, the officials may direct that the confinement orreconfinement be in an appropriate institution for delinquent juveniles withinthe territory of the receiving state, the receiving state to act in that regardsolely as agent for the sending state.

(2)        Escapees andabsconders who would otherwise be returned pursuant to G.S. 7B‑2805 ofthe Compact may be confined or reconfined in the receiving state pursuant tothis amendment. In any case in which the information and allegations arerequired to be made and furnished in a requisition pursuant to G.S. 7B‑2805,the sending state shall request confinement or reconfinement in the receivingstate. Whenever applicable, detention orders, as provided in G.S. 7B‑2805,may be employed pursuant to this paragraph preliminary to disposition of theescapee or absconder.

(3)        The confinement orreconfinement of a parolee, probationer, escapee, or absconder pursuant to thisamendment shall require the concurrence of the appropriate judicial oradministrative authorities of the receiving state.

(4)        As used in thisamendment: (i) "sending state" means a sending state as that term isused in G.S. 7B‑2807 of the Compact or the state from which a delinquentjuvenile has escaped or absconded within the meaning of G.S. 7B‑2805 ofthe Compact; (ii) "receiving state" means any state, other than thesending state, in which a parolee, probationer, escapee, or absconder may befound, provided that the state is a party to this amendment.

(5)        Every state whichadopts this amendment shall designate at least one of its institutions fordelinquent juveniles as a "Compact Institution" and shall confinepersons therein as provided in subdivision (1) of this subsection unless thesending and receiving state in question shall make specific contractual arrangementsto the contrary. All states party to this amendment shall have access to"Compact Institutions" at all reasonable hours for the purpose ofinspecting the facilities thereof and for the purpose of visiting such of theState's delinquents as may be confined in the institution.

(6)        Persons confined in"Compact Institutions" pursuant to the terms of this Compact shall atall times be subject to the jurisdiction of the sending state and may at anytime be removed from the "Compact Institution" for transfer to anappropriate institution within the sending state, for return to probation orparole, for discharge, or for any purpose permitted by the laws of the sendingstate.

(7)        All persons who maybe confined in a "Compact Institution" pursuant to the provisions ofthis amendment shall be treated in a reasonable and humane manner. The fact ofconfinement or reconfinement in a receiving state shall not deprive any personso confined or reconfined of any rights which the person would have had ifconfined or reconfined in an appropriate institution of the sending state. Noagreement to submit to confinement or reconfinement pursuant to the terms ofthis amendment may be construed as a waiver of any rights which the delinquentwould have had if the person had been confined or reconfined in any appropriateinstitution of the sending state, except that the hearing or hearings, if any,to which a parolee, probationer, escapee, or absconder may be entitled (priorto confinement or reconfinement) by the laws of the sending state may be hadbefore the appropriate judicial or administrative officers of the receivingstate. In this event, said judicial and administrative officers shall act asagents of the sending state after consultation with appropriate officers of thesending state.

(8)        Any receiving stateincurring costs or other expenses under this amendment shall be reimbursed inthe amount of the costs or other expenses by the sending state unless thestates concerned shall specifically otherwise agree. Any two or more statesparty to this amendment may enter into supplementary agreements determining adifferent allocation of costs as among themselves.

(9)        This amendment shalltake initial effect when entered into by any two or more states party to theCompact and shall be effective as to those states which have specificallyenacted this amendment. Rules and regulations necessary to effectuate the termsof this amendment may be adopted by the appropriate officers of those stateswhich have enacted this amendment.

(b)        In addition to anyinstitution in which the authorities of this State may otherwise confine ororder the confinement of a delinquent juvenile, the authorities may, pursuantto the Out‑of‑State Confinement Amendment to the Interstate Compacton Juveniles, confine or order the confinement of a delinquent juvenile in aCompact Institution within another party state. (1979, c. 815, s. 1; 1998‑202,s. 6.)