§ 13-11-2 New England interstatecorrections compact. – The New England interstate corrections compact is enacted into law and enteredinto by this state with any other of the hereinafter-mentioned states legallyjoining in the compact in the form substantially as follows:
NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to fully utilizeand improve their institutional facilities and provide adequate programs forthe confinement, treatment and rehabilitation of various types of offenders,declare that it is the policy of each of the party states to provide facilitiesand programs on a basis of cooperation with one another, serving the bestinterests of offenders and of society and effecting economies in capitalexpenditures and operational costs. The purpose of this compact is to providefor the mutual development and execution of programs of cooperation for theconfinement, treatment and rehabilitation of offenders with the most economicaluse of human and material resources.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requiresotherwise:
(a) "State" means a state of the United States, located inNew England, to wit, Maine, New Hampshire, Vermont, Massachusetts, Connecticut,Rhode Island.
(b) "Sending state" means a state party to this compact inwhich conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact towhich an inmate is sent for confinement other than a state in which convictionor court commitment was had.
(d) "Inmate" means a male or female offender who iscommitted, under sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility(including but not limited to a facility for persons who are mentally ill ordevelopmentally disabled) in which inmates as defined in (d) above may lawfullybe confined.
ARTICLE III
Contracts
(a) Each party state may make one or more contracts with anyone or more of the other party states for the confinement of inmates on behalfof a sending state in institutions situated within receiving states. Any suchcontract shall provide for:
1. Its duration
2. Payments to be made to the receiving state by the sendingstate for inmate maintenance, extraordinary medical and dental expenses, andany participation in or receipt by inmates of rehabilitative or correctionalservices, facilities, programs or treatment not reasonably included as part ofnormal maintenance;
3. Participation in programs of inmate employment, if any;the disposition or crediting of any payments received by inmates on account ofemployment; and the crediting of proceeds from or disposal of any productsresulting from employment;
4. Delivery and retaking of inmates; and
5. Any other matters that may be necessary and appropriate tofix the obligations, responsibilities and rights of the sending and receivingstates.
(b) Subject to legislative approval by the states concernedand prior to the construction or completion of construction of any institutionor addition to any institution by a party state, any other party state orstates may contract with that state for the enlargement of the planned capacityof the institution or addition to it, or for the inclusion in it of particularequipment or structures, and for the reservation of a specific percentum of thecapacity of the institution to be kept available for use by inmates of thesending state or states so contracting. Any sending state so contracting may,to the extent that moneys are legally available, pay to the receiving state, areasonable sum as consideration for the enlargement of capacity, or provisionof equipment or structures, and reservation of capacity. The payment may be ina lump sum or in installments as provided in the contract.
(c) The terms and provisions of this compact shall be a partof any contract entered into by the authority of or pursuant to it, and nothingin any such contract shall be inconsistent with it.
ARTICLE IV
Procedures and Rights
(a) Whenever the duly constituted authorities in a stateparty to this compact, and which has entered into a contract pursuant toarticle III, decides that confinement in, or transfer of an inmate to, aninstitution within the territory of another party state is necessary ordesirable in order to provide adequate quarters and care or an appropriateprogram of rehabilitation or treatment, the officials may direct that theconfinement be within an institution within the territory of the other partystate, the receiving state to act in that regard solely as agent for thesending state.
(b) The appropriate officials of any state party to thiscompact shall have access, at all reasonable times, to any institution in whichit has a contractual right to confine inmates for the purpose of inspecting thefacilities and visiting any of its inmates who may be confined in theinstitution.
(c) Inmates confined in an institution pursuant to the termsof this compact shall at all times be subject to the jurisdiction of thesending state and may at any time be removed from it for transfer to a prisonor other institution within the sending state, for transfer to anotherinstitution in which the sending state may have a contractual or other right toconfine inmates, for release on probation or parole, for discharge, or for anyother purpose permitted by the laws of the sending state; provided that thesending state shall continue to be obligated to any payments that may berequired pursuant to the terms of any contract entered into under the terms ofarticle III.
(d) Each receiving state shall provide regular reports toeach sending state on the inmates of that sending state in institutionspursuant to this compact including a conduct record of each inmate and certifythe record to the official designated by the sending state, in order that eachinmate may have official review of his or her record in determining andaltering the disposition of the inmate in accordance with the law which mayobtain in the sending state and in order that the same may be a source ofinformation for the sending state.
(e) All inmates who may be confined in an institutionpursuant to the provisions of this compact shall be treated in a reasonable andhumane manner and shall be treated equally with any similar inmates of thereceiving state that may be confined in the same institution. The fact ofconfinement in a receiving state shall not deprive any inmate so confined ofany legal rights which the inmate would have had if confined in an appropriateinstitution of the sending state.
(f) Any hearing or hearings to which an inmate confinedpursuant to this compact may be entitled by the laws of the sending state maybe had before the appropriate authorities of the sending state, or of thereceiving state if authorized by the sending state. The receiving state shallprovide adequate facilities for any hearings that may be conducted by theappropriate officials of a sending state. In the event that a hearing orhearings are held before officials of the receiving state, the governing lawshall be that of the sending state and a record of the hearing or hearings asprescribed by the sending state shall be made. The record together with anyrecommendations of the hearing officials shall immediately be transmitted tothe official or officials before whom the hearing would have been had if it hadtaken place in the sending state. In any and all proceedings held pursuant tothe provisions of this subdivision, the officials of the receiving state shallact solely as agents of the sending state and no final determination shall bemade in any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall bereleased within the territory of the sending state unless the inmate, and thesending and receiving states, agree upon release in some other place. Thesending state shall bear the cost of the return to its territory.
(h) Any inmate confined pursuant to the terms of this compactshall have any and all rights to participate in and derive any benefits orincur or be relieved of any obligations or have such obligations modified orhis status changed on account of any action or proceeding in which he couldhave participated if confined in any appropriate institution of the sendingstate located within the state.
(i) The parent, guardian, trustee, or other person or personsentitled under the laws of the sending state to act for, advise, or otherwisefunction with respect to any inmate shall not be deprived of or restricted inhis exercise of any power in respect of any inmate confined pursuant to theterms of this compact.
ARTICLE V
Acts Not Reviewable in Receiving State: Extradition
(a) Any decision of the sending state in respect of anymatter over which it retains jurisdiction pursuant to this compact shall beconclusive upon and not reviewable within the receiving state, but if at thetime the sending state seeks to remove an inmate from an institution in thereceiving state there is pending against the inmate within such state anycriminal charge or if the inmate is formally accused of having committed withinsuch state a criminal offense, the inmate shall not be returned without theconsent of the receiving state until discharged from prosecution or other formof proceeding, imprisonment or detention for an offense. The duly accreditedofficers of the sending state shall be permitted to transport inmates pursuantto this compact through any and all states party to this compact withoutinterference.
(b) An inmate who escapes from an institution in which he isconfined pursuant to this compact shall be deemed a fugitive from the sendingstate and from the state in which the institution is situated. In the case ofan escape to a jurisdiction other than the sending or receiving state, theresponsibility for institution of extradition or rendition proceedings shall bethat of the sending state, but nothing contained in this section shall beconstrued to prevent or affect the activities of officers and agencies of anyjurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
Federal Aid
Any state party to this compact may accept federal aid foruse in connection with any institution or program, the use of which is or maybe affected by this compact or any contract pursuant to it and any inmate in areceiving state pursuant to this compact may participate in any federally aidedprogram or activity for which the sending and receiving states have madecontractual provision provided that if the program or activity is not part ofthe customary correctional regimen the express consent of the appropriateofficial of the sending state shall be required.
ARTICLE VII
Entry into Force
This compact shall enter into force and become effective andbinding upon the states so acting when it has been enacted into law by any two(2) states from among the states of New England. Thereafter, this compact shallenter into force and become effective and binding as to any other of saidstates upon similar action by the state.
ARTICLE VIII
Withdrawal and Termination
This compact shall continue in force and remain binding upona party state until it shall have enacted a statute repealing the compact andproviding for the sending of formal written notice of withdrawal from thecompact to the appropriate officials of all other party states. An actualwithdrawal shall not take effect until one year after the notices provided inthe statute have been sent. The withdrawal shall not relieve the withdrawingstate from its obligations assumed under the compact prior to the effectivedate of withdrawal. Before the effective date of withdrawal, a withdrawingstate shall remove to its territory, at its own expense, any inmates whom itmay have confined pursuant to the provisions of this compact.
ARTICLE IX
Other Arrangements Unaffected
Nothing contained in this compact shall be construed toabrogate or impair any agreement or other arrangement which a party state mayhave with a non-party state for the confinement, rehabilitation or treatment ofinmates nor to repeal any other laws of a party state authorizing the making ofcooperative institutional arrangements.
ARTICLE X
Construction and Severability
The provisions of this compact shall be liberally construedand shall be severable. If any phrase, clause, sentence or provision of thiscompact is declared to be contrary to the constitution of any participatingstate or of the United States or the applicability of it to any government,agency, person or circumstance is held invalid, the validity of the remainderof this compact and the applicability of it to any government, agency, personor circumstance shall not be affected. If this compact shall be held contraryto the constitution of any state participating in it, the compact shall remainin full force and effect as to the remaining states and in full force andeffect as to the state affected as to all severable matters.
§ 13-11-2 New England interstatecorrections compact. – The New England interstate corrections compact is enacted into law and enteredinto by this state with any other of the hereinafter-mentioned states legallyjoining in the compact in the form substantially as follows:
NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to fully utilizeand improve their institutional facilities and provide adequate programs forthe confinement, treatment and rehabilitation of various types of offenders,declare that it is the policy of each of the party states to provide facilitiesand programs on a basis of cooperation with one another, serving the bestinterests of offenders and of society and effecting economies in capitalexpenditures and operational costs. The purpose of this compact is to providefor the mutual development and execution of programs of cooperation for theconfinement, treatment and rehabilitation of offenders with the most economicaluse of human and material resources.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requiresotherwise:
(a) "State" means a state of the United States, located inNew England, to wit, Maine, New Hampshire, Vermont, Massachusetts, Connecticut,Rhode Island.
(b) "Sending state" means a state party to this compact inwhich conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact towhich an inmate is sent for confinement other than a state in which convictionor court commitment was had.
(d) "Inmate" means a male or female offender who iscommitted, under sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility(including but not limited to a facility for persons who are mentally ill ordevelopmentally disabled) in which inmates as defined in (d) above may lawfullybe confined.
ARTICLE III
Contracts
(a) Each party state may make one or more contracts with anyone or more of the other party states for the confinement of inmates on behalfof a sending state in institutions situated within receiving states. Any suchcontract shall provide for:
1. Its duration
2. Payments to be made to the receiving state by the sendingstate for inmate maintenance, extraordinary medical and dental expenses, andany participation in or receipt by inmates of rehabilitative or correctionalservices, facilities, programs or treatment not reasonably included as part ofnormal maintenance;
3. Participation in programs of inmate employment, if any;the disposition or crediting of any payments received by inmates on account ofemployment; and the crediting of proceeds from or disposal of any productsresulting from employment;
4. Delivery and retaking of inmates; and
5. Any other matters that may be necessary and appropriate tofix the obligations, responsibilities and rights of the sending and receivingstates.
(b) Subject to legislative approval by the states concernedand prior to the construction or completion of construction of any institutionor addition to any institution by a party state, any other party state orstates may contract with that state for the enlargement of the planned capacityof the institution or addition to it, or for the inclusion in it of particularequipment or structures, and for the reservation of a specific percentum of thecapacity of the institution to be kept available for use by inmates of thesending state or states so contracting. Any sending state so contracting may,to the extent that moneys are legally available, pay to the receiving state, areasonable sum as consideration for the enlargement of capacity, or provisionof equipment or structures, and reservation of capacity. The payment may be ina lump sum or in installments as provided in the contract.
(c) The terms and provisions of this compact shall be a partof any contract entered into by the authority of or pursuant to it, and nothingin any such contract shall be inconsistent with it.
ARTICLE IV
Procedures and Rights
(a) Whenever the duly constituted authorities in a stateparty to this compact, and which has entered into a contract pursuant toarticle III, decides that confinement in, or transfer of an inmate to, aninstitution within the territory of another party state is necessary ordesirable in order to provide adequate quarters and care or an appropriateprogram of rehabilitation or treatment, the officials may direct that theconfinement be within an institution within the territory of the other partystate, the receiving state to act in that regard solely as agent for thesending state.
(b) The appropriate officials of any state party to thiscompact shall have access, at all reasonable times, to any institution in whichit has a contractual right to confine inmates for the purpose of inspecting thefacilities and visiting any of its inmates who may be confined in theinstitution.
(c) Inmates confined in an institution pursuant to the termsof this compact shall at all times be subject to the jurisdiction of thesending state and may at any time be removed from it for transfer to a prisonor other institution within the sending state, for transfer to anotherinstitution in which the sending state may have a contractual or other right toconfine inmates, for release on probation or parole, for discharge, or for anyother purpose permitted by the laws of the sending state; provided that thesending state shall continue to be obligated to any payments that may berequired pursuant to the terms of any contract entered into under the terms ofarticle III.
(d) Each receiving state shall provide regular reports toeach sending state on the inmates of that sending state in institutionspursuant to this compact including a conduct record of each inmate and certifythe record to the official designated by the sending state, in order that eachinmate may have official review of his or her record in determining andaltering the disposition of the inmate in accordance with the law which mayobtain in the sending state and in order that the same may be a source ofinformation for the sending state.
(e) All inmates who may be confined in an institutionpursuant to the provisions of this compact shall be treated in a reasonable andhumane manner and shall be treated equally with any similar inmates of thereceiving state that may be confined in the same institution. The fact ofconfinement in a receiving state shall not deprive any inmate so confined ofany legal rights which the inmate would have had if confined in an appropriateinstitution of the sending state.
(f) Any hearing or hearings to which an inmate confinedpursuant to this compact may be entitled by the laws of the sending state maybe had before the appropriate authorities of the sending state, or of thereceiving state if authorized by the sending state. The receiving state shallprovide adequate facilities for any hearings that may be conducted by theappropriate officials of a sending state. In the event that a hearing orhearings are held before officials of the receiving state, the governing lawshall be that of the sending state and a record of the hearing or hearings asprescribed by the sending state shall be made. The record together with anyrecommendations of the hearing officials shall immediately be transmitted tothe official or officials before whom the hearing would have been had if it hadtaken place in the sending state. In any and all proceedings held pursuant tothe provisions of this subdivision, the officials of the receiving state shallact solely as agents of the sending state and no final determination shall bemade in any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall bereleased within the territory of the sending state unless the inmate, and thesending and receiving states, agree upon release in some other place. Thesending state shall bear the cost of the return to its territory.
(h) Any inmate confined pursuant to the terms of this compactshall have any and all rights to participate in and derive any benefits orincur or be relieved of any obligations or have such obligations modified orhis status changed on account of any action or proceeding in which he couldhave participated if confined in any appropriate institution of the sendingstate located within the state.
(i) The parent, guardian, trustee, or other person or personsentitled under the laws of the sending state to act for, advise, or otherwisefunction with respect to any inmate shall not be deprived of or restricted inhis exercise of any power in respect of any inmate confined pursuant to theterms of this compact.
ARTICLE V
Acts Not Reviewable in Receiving State: Extradition
(a) Any decision of the sending state in respect of anymatter over which it retains jurisdiction pursuant to this compact shall beconclusive upon and not reviewable within the receiving state, but if at thetime the sending state seeks to remove an inmate from an institution in thereceiving state there is pending against the inmate within such state anycriminal charge or if the inmate is formally accused of having committed withinsuch state a criminal offense, the inmate shall not be returned without theconsent of the receiving state until discharged from prosecution or other formof proceeding, imprisonment or detention for an offense. The duly accreditedofficers of the sending state shall be permitted to transport inmates pursuantto this compact through any and all states party to this compact withoutinterference.
(b) An inmate who escapes from an institution in which he isconfined pursuant to this compact shall be deemed a fugitive from the sendingstate and from the state in which the institution is situated. In the case ofan escape to a jurisdiction other than the sending or receiving state, theresponsibility for institution of extradition or rendition proceedings shall bethat of the sending state, but nothing contained in this section shall beconstrued to prevent or affect the activities of officers and agencies of anyjurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
Federal Aid
Any state party to this compact may accept federal aid foruse in connection with any institution or program, the use of which is or maybe affected by this compact or any contract pursuant to it and any inmate in areceiving state pursuant to this compact may participate in any federally aidedprogram or activity for which the sending and receiving states have madecontractual provision provided that if the program or activity is not part ofthe customary correctional regimen the express consent of the appropriateofficial of the sending state shall be required.
ARTICLE VII
Entry into Force
This compact shall enter into force and become effective andbinding upon the states so acting when it has been enacted into law by any two(2) states from among the states of New England. Thereafter, this compact shallenter into force and become effective and binding as to any other of saidstates upon similar action by the state.
ARTICLE VIII
Withdrawal and Termination
This compact shall continue in force and remain binding upona party state until it shall have enacted a statute repealing the compact andproviding for the sending of formal written notice of withdrawal from thecompact to the appropriate officials of all other party states. An actualwithdrawal shall not take effect until one year after the notices provided inthe statute have been sent. The withdrawal shall not relieve the withdrawingstate from its obligations assumed under the compact prior to the effectivedate of withdrawal. Before the effective date of withdrawal, a withdrawingstate shall remove to its territory, at its own expense, any inmates whom itmay have confined pursuant to the provisions of this compact.
ARTICLE IX
Other Arrangements Unaffected
Nothing contained in this compact shall be construed toabrogate or impair any agreement or other arrangement which a party state mayhave with a non-party state for the confinement, rehabilitation or treatment ofinmates nor to repeal any other laws of a party state authorizing the making ofcooperative institutional arrangements.
ARTICLE X
Construction and Severability
The provisions of this compact shall be liberally construedand shall be severable. If any phrase, clause, sentence or provision of thiscompact is declared to be contrary to the constitution of any participatingstate or of the United States or the applicability of it to any government,agency, person or circumstance is held invalid, the validity of the remainderof this compact and the applicability of it to any government, agency, personor circumstance shall not be affected. If this compact shall be held contraryto the constitution of any state participating in it, the compact shall remainin full force and effect as to the remaining states and in full force andeffect as to the state affected as to all severable matters.
§ 13-11-2 New England interstatecorrections compact. – The New England interstate corrections compact is enacted into law and enteredinto by this state with any other of the hereinafter-mentioned states legallyjoining in the compact in the form substantially as follows:
NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to fully utilizeand improve their institutional facilities and provide adequate programs forthe confinement, treatment and rehabilitation of various types of offenders,declare that it is the policy of each of the party states to provide facilitiesand programs on a basis of cooperation with one another, serving the bestinterests of offenders and of society and effecting economies in capitalexpenditures and operational costs. The purpose of this compact is to providefor the mutual development and execution of programs of cooperation for theconfinement, treatment and rehabilitation of offenders with the most economicaluse of human and material resources.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requiresotherwise:
(a) "State" means a state of the United States, located inNew England, to wit, Maine, New Hampshire, Vermont, Massachusetts, Connecticut,Rhode Island.
(b) "Sending state" means a state party to this compact inwhich conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact towhich an inmate is sent for confinement other than a state in which convictionor court commitment was had.
(d) "Inmate" means a male or female offender who iscommitted, under sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility(including but not limited to a facility for persons who are mentally ill ordevelopmentally disabled) in which inmates as defined in (d) above may lawfullybe confined.
ARTICLE III
Contracts
(a) Each party state may make one or more contracts with anyone or more of the other party states for the confinement of inmates on behalfof a sending state in institutions situated within receiving states. Any suchcontract shall provide for:
1. Its duration
2. Payments to be made to the receiving state by the sendingstate for inmate maintenance, extraordinary medical and dental expenses, andany participation in or receipt by inmates of rehabilitative or correctionalservices, facilities, programs or treatment not reasonably included as part ofnormal maintenance;
3. Participation in programs of inmate employment, if any;the disposition or crediting of any payments received by inmates on account ofemployment; and the crediting of proceeds from or disposal of any productsresulting from employment;
4. Delivery and retaking of inmates; and
5. Any other matters that may be necessary and appropriate tofix the obligations, responsibilities and rights of the sending and receivingstates.
(b) Subject to legislative approval by the states concernedand prior to the construction or completion of construction of any institutionor addition to any institution by a party state, any other party state orstates may contract with that state for the enlargement of the planned capacityof the institution or addition to it, or for the inclusion in it of particularequipment or structures, and for the reservation of a specific percentum of thecapacity of the institution to be kept available for use by inmates of thesending state or states so contracting. Any sending state so contracting may,to the extent that moneys are legally available, pay to the receiving state, areasonable sum as consideration for the enlargement of capacity, or provisionof equipment or structures, and reservation of capacity. The payment may be ina lump sum or in installments as provided in the contract.
(c) The terms and provisions of this compact shall be a partof any contract entered into by the authority of or pursuant to it, and nothingin any such contract shall be inconsistent with it.
ARTICLE IV
Procedures and Rights
(a) Whenever the duly constituted authorities in a stateparty to this compact, and which has entered into a contract pursuant toarticle III, decides that confinement in, or transfer of an inmate to, aninstitution within the territory of another party state is necessary ordesirable in order to provide adequate quarters and care or an appropriateprogram of rehabilitation or treatment, the officials may direct that theconfinement be within an institution within the territory of the other partystate, the receiving state to act in that regard solely as agent for thesending state.
(b) The appropriate officials of any state party to thiscompact shall have access, at all reasonable times, to any institution in whichit has a contractual right to confine inmates for the purpose of inspecting thefacilities and visiting any of its inmates who may be confined in theinstitution.
(c) Inmates confined in an institution pursuant to the termsof this compact shall at all times be subject to the jurisdiction of thesending state and may at any time be removed from it for transfer to a prisonor other institution within the sending state, for transfer to anotherinstitution in which the sending state may have a contractual or other right toconfine inmates, for release on probation or parole, for discharge, or for anyother purpose permitted by the laws of the sending state; provided that thesending state shall continue to be obligated to any payments that may berequired pursuant to the terms of any contract entered into under the terms ofarticle III.
(d) Each receiving state shall provide regular reports toeach sending state on the inmates of that sending state in institutionspursuant to this compact including a conduct record of each inmate and certifythe record to the official designated by the sending state, in order that eachinmate may have official review of his or her record in determining andaltering the disposition of the inmate in accordance with the law which mayobtain in the sending state and in order that the same may be a source ofinformation for the sending state.
(e) All inmates who may be confined in an institutionpursuant to the provisions of this compact shall be treated in a reasonable andhumane manner and shall be treated equally with any similar inmates of thereceiving state that may be confined in the same institution. The fact ofconfinement in a receiving state shall not deprive any inmate so confined ofany legal rights which the inmate would have had if confined in an appropriateinstitution of the sending state.
(f) Any hearing or hearings to which an inmate confinedpursuant to this compact may be entitled by the laws of the sending state maybe had before the appropriate authorities of the sending state, or of thereceiving state if authorized by the sending state. The receiving state shallprovide adequate facilities for any hearings that may be conducted by theappropriate officials of a sending state. In the event that a hearing orhearings are held before officials of the receiving state, the governing lawshall be that of the sending state and a record of the hearing or hearings asprescribed by the sending state shall be made. The record together with anyrecommendations of the hearing officials shall immediately be transmitted tothe official or officials before whom the hearing would have been had if it hadtaken place in the sending state. In any and all proceedings held pursuant tothe provisions of this subdivision, the officials of the receiving state shallact solely as agents of the sending state and no final determination shall bemade in any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall bereleased within the territory of the sending state unless the inmate, and thesending and receiving states, agree upon release in some other place. Thesending state shall bear the cost of the return to its territory.
(h) Any inmate confined pursuant to the terms of this compactshall have any and all rights to participate in and derive any benefits orincur or be relieved of any obligations or have such obligations modified orhis status changed on account of any action or proceeding in which he couldhave participated if confined in any appropriate institution of the sendingstate located within the state.
(i) The parent, guardian, trustee, or other person or personsentitled under the laws of the sending state to act for, advise, or otherwisefunction with respect to any inmate shall not be deprived of or restricted inhis exercise of any power in respect of any inmate confined pursuant to theterms of this compact.
ARTICLE V
Acts Not Reviewable in Receiving State: Extradition
(a) Any decision of the sending state in respect of anymatter over which it retains jurisdiction pursuant to this compact shall beconclusive upon and not reviewable within the receiving state, but if at thetime the sending state seeks to remove an inmate from an institution in thereceiving state there is pending against the inmate within such state anycriminal charge or if the inmate is formally accused of having committed withinsuch state a criminal offense, the inmate shall not be returned without theconsent of the receiving state until discharged from prosecution or other formof proceeding, imprisonment or detention for an offense. The duly accreditedofficers of the sending state shall be permitted to transport inmates pursuantto this compact through any and all states party to this compact withoutinterference.
(b) An inmate who escapes from an institution in which he isconfined pursuant to this compact shall be deemed a fugitive from the sendingstate and from the state in which the institution is situated. In the case ofan escape to a jurisdiction other than the sending or receiving state, theresponsibility for institution of extradition or rendition proceedings shall bethat of the sending state, but nothing contained in this section shall beconstrued to prevent or affect the activities of officers and agencies of anyjurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
Federal Aid
Any state party to this compact may accept federal aid foruse in connection with any institution or program, the use of which is or maybe affected by this compact or any contract pursuant to it and any inmate in areceiving state pursuant to this compact may participate in any federally aidedprogram or activity for which the sending and receiving states have madecontractual provision provided that if the program or activity is not part ofthe customary correctional regimen the express consent of the appropriateofficial of the sending state shall be required.
ARTICLE VII
Entry into Force
This compact shall enter into force and become effective andbinding upon the states so acting when it has been enacted into law by any two(2) states from among the states of New England. Thereafter, this compact shallenter into force and become effective and binding as to any other of saidstates upon similar action by the state.
ARTICLE VIII
Withdrawal and Termination
This compact shall continue in force and remain binding upona party state until it shall have enacted a statute repealing the compact andproviding for the sending of formal written notice of withdrawal from thecompact to the appropriate officials of all other party states. An actualwithdrawal shall not take effect until one year after the notices provided inthe statute have been sent. The withdrawal shall not relieve the withdrawingstate from its obligations assumed under the compact prior to the effectivedate of withdrawal. Before the effective date of withdrawal, a withdrawingstate shall remove to its territory, at its own expense, any inmates whom itmay have confined pursuant to the provisions of this compact.
ARTICLE IX
Other Arrangements Unaffected
Nothing contained in this compact shall be construed toabrogate or impair any agreement or other arrangement which a party state mayhave with a non-party state for the confinement, rehabilitation or treatment ofinmates nor to repeal any other laws of a party state authorizing the making ofcooperative institutional arrangements.
ARTICLE X
Construction and Severability
The provisions of this compact shall be liberally construedand shall be severable. If any phrase, clause, sentence or provision of thiscompact is declared to be contrary to the constitution of any participatingstate or of the United States or the applicability of it to any government,agency, person or circumstance is held invalid, the validity of the remainderof this compact and the applicability of it to any government, agency, personor circumstance shall not be affected. If this compact shall be held contraryto the constitution of any state participating in it, the compact shall remainin full force and effect as to the remaining states and in full force andeffect as to the state affected as to all severable matters.
