§ 40.1-9-1 Enactment of compact. –The interstate compact on mental health is hereby enacted into law and enteredinto by this state with all other states legally joining therein in the formsubstantially as follows:
INTERSTATE COMPACT ON MENTAL HEALTH
The contracting states solemnly agree that:
Article I
The party states find that the proper and expeditioustreatment of persons who are mentally ill and developmentally disabled can befacilitated by cooperative action, to the benefit of the patients, theirfamilies, and society as a whole. Further the party states find that thenecessity of and desirability for furnishing such care and treatment bears noprimary relation to the residence or citizenship of the patient but that, onthe contrary, the controlling factors of community safety and humanitarianismrequire that facilities and services be made available for all who are in needof them. Consequently, it is the purpose of this compact and of the partystates to provide the necessary legal basis for the institutionalization orother appropriate care and treatment of people who are mentally ill anddevelopmentally disabled under a system that recognizes the paramountimportance of patient welfare and to establish the responsibilities of theparty states in terms of such welfare.
Article II
As used in this compact:
(a) "Sending state" shall mean a party state from which apatient is transported pursuant to the provisions of the compact or from whichit is contemplated that a patient may be so sent.
(b) "Receiving state" shall mean a party state to which apatient is transported pursuant to the provisions of the compact or to which itis contemplated that a patient may be so sent.
(c) "Institution" shall mean any hospital or other facilitymaintained by a party state or political subdivision thereof for the care andtreatment of mental illness or developmental disabilities.
(d) "Patient" shall mean any person subject to or eligible asdetermined by the laws of the sending state, for institutionalization or othercare, treatment, or supervision pursuant to the provisions of this compact.
(e) "Aftercare" shall mean care, treatment and servicesprovided a patient, as defined herein, on convalescent status or conditionalrelease.
(f) "Mental illness" shall mean mental disease to such extentthat a person so afflicted requires care and treatment for his or her ownwelfare, or the welfare of others, or of the community.
(g) "Developmentally disabled" shall mean developmentallydisabled as defined by appropriate clinical authorities to such extent that aperson so afflicted is incapable of managing him or herself and his or heraffairs, but shall not include mental illness as defined herein.
(h) "State" shall mean any state, territory or possession ofthe United States, the District of Columbia, and the Commonwealth of PuertoRico.
Article III
(a) Whenever a person physically present in any party stateshall be in need of institutionalization by reason of mental illness ordevelopmental disability, he or she shall be eligible for care and treatment inan institution in that state irrespective of his or her residence, settlementor citizenship qualifications.
(b) The provisions of paragraph (a) of this article to thecontrary notwithstanding, any patient may be transferred to an institution inanother state whenever there are factors based upon clinical determinationsindicating that the care and treatment of said patient would be facilitated orimproved thereby. Any such institutionalization may be for the entire period ofcare and treatment or for any portion or portions thereof. The factors referredto in this paragraph shall include the patient's full record with due regardfor the location of the patient's family, character of the illness and probableduration thereof, and such other factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuantto the provisions of paragraph (b) of this article unless the sending state hasgiven advance notice of its intention to send the patient; furnished allavailable medical and other pertinent records concerning the patient; given thequalified medical or other appropriate clinical authorities of the receivingstate an opportunity to examine the patient if said authorities so wish; andunless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving stateestablish a system of priorities for the admission of patients, an interstatepatient under this compact shall receive the same priority as a local patientand shall be taken in the same order and at the same time that he or she wouldbe taken if he or she were a local patient.
(e) Pursuant to this compact, the determination as to thesuitable place of institutionalization for a patient may be reviewed at anytime and such further transfer of the patient may be made as seems likely to bein the best interest of the patient.
Article IV
(a) Whenever, pursuant to the laws of the state in which apatient is physically present, it shall be determined that the patient shouldreceive aftercare or supervision, such care or supervision may be provided in areceiving state. If the medical or other appropriate clinical authoritieshaving responsibility for the care and treatment of the patient in the sendingstate shall have reason to believe that aftercare in another state would be inthe best interest of the patient and would not jeopardize the public safety,they shall request the appropriate authorities in the receiving state toinvestigate the desirability of affording the patient such aftercare in saidreceiving state, and such investigation shall be made with all reasonablespeed. The request for investigation shall be accompanied by completeinformation concerning the patient's intended place of residence and theidentity of the person in whose charge it is proposed to place the patient, thecomplete medical history of the patient, and such other documents as may bepertinent.
(b) If the medical or other appropriate clinical authoritieshaving responsibility for the care and treatment of the patient in the sendingstate and the appropriate authorities in the receiving state find that the bestinterest of the patient would be served thereby, and if the public safety wouldnot be jeopardized thereby, the patient may receive aftercare or supervision inthe receiving state.
(c) In supervising, treating, or caring for a patient onaftercare pursuant to the terms of this article, a receiving state shall employthe same standards of visitation, examination, care, and treatment that itemploys for similar local patients.
Article V
Whenever a dangerous or potentially dangerous patient escapesfrom an institution in any party state, that state shall promptly notify allappropriate authorities within and without the jurisdiction of the escape in amanner reasonably calculated to facilitate the speedy apprehension of theescapee. Immediately upon the apprehension and identification of any suchdangerous or potentially dangerous patient, he or she shall be detained in thestate where found pending disposition in accordance with law.
Article VI
The duly accredited officers of any state party to thiscompact, upon the establishment of their authority and the identity of thepatient, shall be permitted to transport any patient being moved pursuant tothis compact through any and all states party to this compact, withoutinterference.
Article VII
(a) No person shall be deemed a patient of more than oneinstitution at any given time. Completion of transfer of any patient to aninstitution in a receiving state shall have the effect of making the person apatient of the institution in the receiving state.
(b) The sending state shall pay all costs of and incidentalto the transportation of any patient pursuant to this compact, but any two (2)or more party states may, by making a specific agreement for that purpose,arrange for a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alteror affect any internal relationships among the departments, agencies andofficers of and in the government of a party state, or between a party stateand its subdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent anyparty state or subdivision thereof from asserting any right against any person,agency or other entity in regard to costs for which such party state orsubdivision thereof may be responsible pursuant to any provision of thiscompact.
(e) Nothing in this compact shall be construed to invalidateany reciprocal agreement between a party state and a nonparty state relating toinstitutionalization, care or treatment of persons who are mentally ill ordevelopmental disabled, or any statutory authority pursuant to which suchagreements may be made.
Article VIII
(a) Nothing in this compact shall be construed to abridge,diminish, or in any way impair the rights, duties and responsibilities of anypatient's guardian on his or her own behalf or in respect of any patient forwhom he or she may serve, except that where the transfer of any patient toanother jurisdiction makes advisable the appointment of a supplemental orsubstitute guardian, any court of competent jurisdiction in the receiving statemay make such supplemental or substitute appointment and the court whichappointed the previous guardian shall upon being duly advised of the newappointment, and upon the satisfactory completion of such accounting and otheracts as such court may by law require, relieve the previous guardian of powerand responsibility to whatever extent shall be appropriate in thecircumstances; provided, however, that in the case of any patient havingsettlement in the sending state, the court of competent jurisdiction in thesending state shall have the sole discretion to relieve a guardian appointed byit or continue his or her power and responsibility, whichever it shall deemadvisable. The court in the receiving state may, in its discretion, confirm orreappoint the person or persons previously serving as guardian in the sendingstate in lieu of making a supplemental or substitute appointment.
(b) The term "guardian," as used in paragraph (a) of thisarticle, shall include any guardian, trustee, legal committee, conservator, orother person or agency however denominated who is charged by law with power toact for or responsibility for the person or property of a patient.
Article IX
(a) No provision of this compact except article V shall applyto any person institutionalized while under sentence in a penal or correctionalinstitution or while subject to trial on a criminal charge, or whoseinstitutionalization is due to the commission of an offense for which, in theabsence of mental illness or developmental disability, said person would besubject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy ofstates party to this compact that no patient shall be placed or detained in anyprison, jail or lockup, but such patient shall, with all expedition, be takento a suitable institutional facility for mental illness or developmentaldisability.
Article X
(a) Each party state shall appoint a "compact administrator"who, on behalf of his or her state, shall act as general coordinator ofactivities under the compact in his or her state and who shall receive copiesof all reports, correspondence, and other documents relating to any patientprocessed under the compact by his or her state either in the capacity ofsending or receiving state. The compact administrator or his or her dulydesignated representative shall be the official with whom other party statesshall deal in any matter relating to the compact or any patient processedthereunder.
(b) The compact administrators of the respective party statesshall have power to promulgate reasonable rules and regulations to carry outmore effectively the terms and provisions of this compact.
Article XI
The duly constituted administrative authorities of any two(2) or more party states may enter into supplementary agreements for theprovision of any service or facility or for the maintenance of any institutionon a joint or cooperative basis whenever the states concerned shall find thatsuch agreements will improve services, facilities, or institutional care andtreatment in the fields of mental illness or developmental disability. No suchsupplementary agreement shall be construed so as to relieve any party state ofany obligation which it otherwise would have under other provisions of thiscompact.
Article XII
This compact shall enter into full force and effect as to anystate when enacted by it into law and such state shall thereafter be a partythereto with any and all states legally joining therein.
Article XIII
(a) A state party to this compact may withdraw therefrom byenacting a statute repealing the same. Such withdrawal shall take effect oneyear after notice thereof has been communicated officially and in writing tothe governors and compact administrators of all other party states. However,the withdrawal of any state shall not change the status of any patient who hasbeen sent to said state or sent out of said state pursuant to the provisions ofthe compact.
(b) Withdrawal from any agreement permitted by article VII(b) as to costs or from any supplementary agreement made pursuant to article XIshall be in accordance with the terms of such agreement.
Article XIV
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate party thereto, the compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affected asto all severable matters.
§ 40.1-9-1 Enactment of compact. –The interstate compact on mental health is hereby enacted into law and enteredinto by this state with all other states legally joining therein in the formsubstantially as follows:
INTERSTATE COMPACT ON MENTAL HEALTH
The contracting states solemnly agree that:
Article I
The party states find that the proper and expeditioustreatment of persons who are mentally ill and developmentally disabled can befacilitated by cooperative action, to the benefit of the patients, theirfamilies, and society as a whole. Further the party states find that thenecessity of and desirability for furnishing such care and treatment bears noprimary relation to the residence or citizenship of the patient but that, onthe contrary, the controlling factors of community safety and humanitarianismrequire that facilities and services be made available for all who are in needof them. Consequently, it is the purpose of this compact and of the partystates to provide the necessary legal basis for the institutionalization orother appropriate care and treatment of people who are mentally ill anddevelopmentally disabled under a system that recognizes the paramountimportance of patient welfare and to establish the responsibilities of theparty states in terms of such welfare.
Article II
As used in this compact:
(a) "Sending state" shall mean a party state from which apatient is transported pursuant to the provisions of the compact or from whichit is contemplated that a patient may be so sent.
(b) "Receiving state" shall mean a party state to which apatient is transported pursuant to the provisions of the compact or to which itis contemplated that a patient may be so sent.
(c) "Institution" shall mean any hospital or other facilitymaintained by a party state or political subdivision thereof for the care andtreatment of mental illness or developmental disabilities.
(d) "Patient" shall mean any person subject to or eligible asdetermined by the laws of the sending state, for institutionalization or othercare, treatment, or supervision pursuant to the provisions of this compact.
(e) "Aftercare" shall mean care, treatment and servicesprovided a patient, as defined herein, on convalescent status or conditionalrelease.
(f) "Mental illness" shall mean mental disease to such extentthat a person so afflicted requires care and treatment for his or her ownwelfare, or the welfare of others, or of the community.
(g) "Developmentally disabled" shall mean developmentallydisabled as defined by appropriate clinical authorities to such extent that aperson so afflicted is incapable of managing him or herself and his or heraffairs, but shall not include mental illness as defined herein.
(h) "State" shall mean any state, territory or possession ofthe United States, the District of Columbia, and the Commonwealth of PuertoRico.
Article III
(a) Whenever a person physically present in any party stateshall be in need of institutionalization by reason of mental illness ordevelopmental disability, he or she shall be eligible for care and treatment inan institution in that state irrespective of his or her residence, settlementor citizenship qualifications.
(b) The provisions of paragraph (a) of this article to thecontrary notwithstanding, any patient may be transferred to an institution inanother state whenever there are factors based upon clinical determinationsindicating that the care and treatment of said patient would be facilitated orimproved thereby. Any such institutionalization may be for the entire period ofcare and treatment or for any portion or portions thereof. The factors referredto in this paragraph shall include the patient's full record with due regardfor the location of the patient's family, character of the illness and probableduration thereof, and such other factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuantto the provisions of paragraph (b) of this article unless the sending state hasgiven advance notice of its intention to send the patient; furnished allavailable medical and other pertinent records concerning the patient; given thequalified medical or other appropriate clinical authorities of the receivingstate an opportunity to examine the patient if said authorities so wish; andunless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving stateestablish a system of priorities for the admission of patients, an interstatepatient under this compact shall receive the same priority as a local patientand shall be taken in the same order and at the same time that he or she wouldbe taken if he or she were a local patient.
(e) Pursuant to this compact, the determination as to thesuitable place of institutionalization for a patient may be reviewed at anytime and such further transfer of the patient may be made as seems likely to bein the best interest of the patient.
Article IV
(a) Whenever, pursuant to the laws of the state in which apatient is physically present, it shall be determined that the patient shouldreceive aftercare or supervision, such care or supervision may be provided in areceiving state. If the medical or other appropriate clinical authoritieshaving responsibility for the care and treatment of the patient in the sendingstate shall have reason to believe that aftercare in another state would be inthe best interest of the patient and would not jeopardize the public safety,they shall request the appropriate authorities in the receiving state toinvestigate the desirability of affording the patient such aftercare in saidreceiving state, and such investigation shall be made with all reasonablespeed. The request for investigation shall be accompanied by completeinformation concerning the patient's intended place of residence and theidentity of the person in whose charge it is proposed to place the patient, thecomplete medical history of the patient, and such other documents as may bepertinent.
(b) If the medical or other appropriate clinical authoritieshaving responsibility for the care and treatment of the patient in the sendingstate and the appropriate authorities in the receiving state find that the bestinterest of the patient would be served thereby, and if the public safety wouldnot be jeopardized thereby, the patient may receive aftercare or supervision inthe receiving state.
(c) In supervising, treating, or caring for a patient onaftercare pursuant to the terms of this article, a receiving state shall employthe same standards of visitation, examination, care, and treatment that itemploys for similar local patients.
Article V
Whenever a dangerous or potentially dangerous patient escapesfrom an institution in any party state, that state shall promptly notify allappropriate authorities within and without the jurisdiction of the escape in amanner reasonably calculated to facilitate the speedy apprehension of theescapee. Immediately upon the apprehension and identification of any suchdangerous or potentially dangerous patient, he or she shall be detained in thestate where found pending disposition in accordance with law.
Article VI
The duly accredited officers of any state party to thiscompact, upon the establishment of their authority and the identity of thepatient, shall be permitted to transport any patient being moved pursuant tothis compact through any and all states party to this compact, withoutinterference.
Article VII
(a) No person shall be deemed a patient of more than oneinstitution at any given time. Completion of transfer of any patient to aninstitution in a receiving state shall have the effect of making the person apatient of the institution in the receiving state.
(b) The sending state shall pay all costs of and incidentalto the transportation of any patient pursuant to this compact, but any two (2)or more party states may, by making a specific agreement for that purpose,arrange for a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alteror affect any internal relationships among the departments, agencies andofficers of and in the government of a party state, or between a party stateand its subdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent anyparty state or subdivision thereof from asserting any right against any person,agency or other entity in regard to costs for which such party state orsubdivision thereof may be responsible pursuant to any provision of thiscompact.
(e) Nothing in this compact shall be construed to invalidateany reciprocal agreement between a party state and a nonparty state relating toinstitutionalization, care or treatment of persons who are mentally ill ordevelopmental disabled, or any statutory authority pursuant to which suchagreements may be made.
Article VIII
(a) Nothing in this compact shall be construed to abridge,diminish, or in any way impair the rights, duties and responsibilities of anypatient's guardian on his or her own behalf or in respect of any patient forwhom he or she may serve, except that where the transfer of any patient toanother jurisdiction makes advisable the appointment of a supplemental orsubstitute guardian, any court of competent jurisdiction in the receiving statemay make such supplemental or substitute appointment and the court whichappointed the previous guardian shall upon being duly advised of the newappointment, and upon the satisfactory completion of such accounting and otheracts as such court may by law require, relieve the previous guardian of powerand responsibility to whatever extent shall be appropriate in thecircumstances; provided, however, that in the case of any patient havingsettlement in the sending state, the court of competent jurisdiction in thesending state shall have the sole discretion to relieve a guardian appointed byit or continue his or her power and responsibility, whichever it shall deemadvisable. The court in the receiving state may, in its discretion, confirm orreappoint the person or persons previously serving as guardian in the sendingstate in lieu of making a supplemental or substitute appointment.
(b) The term "guardian," as used in paragraph (a) of thisarticle, shall include any guardian, trustee, legal committee, conservator, orother person or agency however denominated who is charged by law with power toact for or responsibility for the person or property of a patient.
Article IX
(a) No provision of this compact except article V shall applyto any person institutionalized while under sentence in a penal or correctionalinstitution or while subject to trial on a criminal charge, or whoseinstitutionalization is due to the commission of an offense for which, in theabsence of mental illness or developmental disability, said person would besubject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy ofstates party to this compact that no patient shall be placed or detained in anyprison, jail or lockup, but such patient shall, with all expedition, be takento a suitable institutional facility for mental illness or developmentaldisability.
Article X
(a) Each party state shall appoint a "compact administrator"who, on behalf of his or her state, shall act as general coordinator ofactivities under the compact in his or her state and who shall receive copiesof all reports, correspondence, and other documents relating to any patientprocessed under the compact by his or her state either in the capacity ofsending or receiving state. The compact administrator or his or her dulydesignated representative shall be the official with whom other party statesshall deal in any matter relating to the compact or any patient processedthereunder.
(b) The compact administrators of the respective party statesshall have power to promulgate reasonable rules and regulations to carry outmore effectively the terms and provisions of this compact.
Article XI
The duly constituted administrative authorities of any two(2) or more party states may enter into supplementary agreements for theprovision of any service or facility or for the maintenance of any institutionon a joint or cooperative basis whenever the states concerned shall find thatsuch agreements will improve services, facilities, or institutional care andtreatment in the fields of mental illness or developmental disability. No suchsupplementary agreement shall be construed so as to relieve any party state ofany obligation which it otherwise would have under other provisions of thiscompact.
Article XII
This compact shall enter into full force and effect as to anystate when enacted by it into law and such state shall thereafter be a partythereto with any and all states legally joining therein.
Article XIII
(a) A state party to this compact may withdraw therefrom byenacting a statute repealing the same. Such withdrawal shall take effect oneyear after notice thereof has been communicated officially and in writing tothe governors and compact administrators of all other party states. However,the withdrawal of any state shall not change the status of any patient who hasbeen sent to said state or sent out of said state pursuant to the provisions ofthe compact.
(b) Withdrawal from any agreement permitted by article VII(b) as to costs or from any supplementary agreement made pursuant to article XIshall be in accordance with the terms of such agreement.
Article XIV
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate party thereto, the compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affected asto all severable matters.
§ 40.1-9-1 Enactment of compact. –The interstate compact on mental health is hereby enacted into law and enteredinto by this state with all other states legally joining therein in the formsubstantially as follows:
INTERSTATE COMPACT ON MENTAL HEALTH
The contracting states solemnly agree that:
Article I
The party states find that the proper and expeditioustreatment of persons who are mentally ill and developmentally disabled can befacilitated by cooperative action, to the benefit of the patients, theirfamilies, and society as a whole. Further the party states find that thenecessity of and desirability for furnishing such care and treatment bears noprimary relation to the residence or citizenship of the patient but that, onthe contrary, the controlling factors of community safety and humanitarianismrequire that facilities and services be made available for all who are in needof them. Consequently, it is the purpose of this compact and of the partystates to provide the necessary legal basis for the institutionalization orother appropriate care and treatment of people who are mentally ill anddevelopmentally disabled under a system that recognizes the paramountimportance of patient welfare and to establish the responsibilities of theparty states in terms of such welfare.
Article II
As used in this compact:
(a) "Sending state" shall mean a party state from which apatient is transported pursuant to the provisions of the compact or from whichit is contemplated that a patient may be so sent.
(b) "Receiving state" shall mean a party state to which apatient is transported pursuant to the provisions of the compact or to which itis contemplated that a patient may be so sent.
(c) "Institution" shall mean any hospital or other facilitymaintained by a party state or political subdivision thereof for the care andtreatment of mental illness or developmental disabilities.
(d) "Patient" shall mean any person subject to or eligible asdetermined by the laws of the sending state, for institutionalization or othercare, treatment, or supervision pursuant to the provisions of this compact.
(e) "Aftercare" shall mean care, treatment and servicesprovided a patient, as defined herein, on convalescent status or conditionalrelease.
(f) "Mental illness" shall mean mental disease to such extentthat a person so afflicted requires care and treatment for his or her ownwelfare, or the welfare of others, or of the community.
(g) "Developmentally disabled" shall mean developmentallydisabled as defined by appropriate clinical authorities to such extent that aperson so afflicted is incapable of managing him or herself and his or heraffairs, but shall not include mental illness as defined herein.
(h) "State" shall mean any state, territory or possession ofthe United States, the District of Columbia, and the Commonwealth of PuertoRico.
Article III
(a) Whenever a person physically present in any party stateshall be in need of institutionalization by reason of mental illness ordevelopmental disability, he or she shall be eligible for care and treatment inan institution in that state irrespective of his or her residence, settlementor citizenship qualifications.
(b) The provisions of paragraph (a) of this article to thecontrary notwithstanding, any patient may be transferred to an institution inanother state whenever there are factors based upon clinical determinationsindicating that the care and treatment of said patient would be facilitated orimproved thereby. Any such institutionalization may be for the entire period ofcare and treatment or for any portion or portions thereof. The factors referredto in this paragraph shall include the patient's full record with due regardfor the location of the patient's family, character of the illness and probableduration thereof, and such other factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuantto the provisions of paragraph (b) of this article unless the sending state hasgiven advance notice of its intention to send the patient; furnished allavailable medical and other pertinent records concerning the patient; given thequalified medical or other appropriate clinical authorities of the receivingstate an opportunity to examine the patient if said authorities so wish; andunless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving stateestablish a system of priorities for the admission of patients, an interstatepatient under this compact shall receive the same priority as a local patientand shall be taken in the same order and at the same time that he or she wouldbe taken if he or she were a local patient.
(e) Pursuant to this compact, the determination as to thesuitable place of institutionalization for a patient may be reviewed at anytime and such further transfer of the patient may be made as seems likely to bein the best interest of the patient.
Article IV
(a) Whenever, pursuant to the laws of the state in which apatient is physically present, it shall be determined that the patient shouldreceive aftercare or supervision, such care or supervision may be provided in areceiving state. If the medical or other appropriate clinical authoritieshaving responsibility for the care and treatment of the patient in the sendingstate shall have reason to believe that aftercare in another state would be inthe best interest of the patient and would not jeopardize the public safety,they shall request the appropriate authorities in the receiving state toinvestigate the desirability of affording the patient such aftercare in saidreceiving state, and such investigation shall be made with all reasonablespeed. The request for investigation shall be accompanied by completeinformation concerning the patient's intended place of residence and theidentity of the person in whose charge it is proposed to place the patient, thecomplete medical history of the patient, and such other documents as may bepertinent.
(b) If the medical or other appropriate clinical authoritieshaving responsibility for the care and treatment of the patient in the sendingstate and the appropriate authorities in the receiving state find that the bestinterest of the patient would be served thereby, and if the public safety wouldnot be jeopardized thereby, the patient may receive aftercare or supervision inthe receiving state.
(c) In supervising, treating, or caring for a patient onaftercare pursuant to the terms of this article, a receiving state shall employthe same standards of visitation, examination, care, and treatment that itemploys for similar local patients.
Article V
Whenever a dangerous or potentially dangerous patient escapesfrom an institution in any party state, that state shall promptly notify allappropriate authorities within and without the jurisdiction of the escape in amanner reasonably calculated to facilitate the speedy apprehension of theescapee. Immediately upon the apprehension and identification of any suchdangerous or potentially dangerous patient, he or she shall be detained in thestate where found pending disposition in accordance with law.
Article VI
The duly accredited officers of any state party to thiscompact, upon the establishment of their authority and the identity of thepatient, shall be permitted to transport any patient being moved pursuant tothis compact through any and all states party to this compact, withoutinterference.
Article VII
(a) No person shall be deemed a patient of more than oneinstitution at any given time. Completion of transfer of any patient to aninstitution in a receiving state shall have the effect of making the person apatient of the institution in the receiving state.
(b) The sending state shall pay all costs of and incidentalto the transportation of any patient pursuant to this compact, but any two (2)or more party states may, by making a specific agreement for that purpose,arrange for a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alteror affect any internal relationships among the departments, agencies andofficers of and in the government of a party state, or between a party stateand its subdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent anyparty state or subdivision thereof from asserting any right against any person,agency or other entity in regard to costs for which such party state orsubdivision thereof may be responsible pursuant to any provision of thiscompact.
(e) Nothing in this compact shall be construed to invalidateany reciprocal agreement between a party state and a nonparty state relating toinstitutionalization, care or treatment of persons who are mentally ill ordevelopmental disabled, or any statutory authority pursuant to which suchagreements may be made.
Article VIII
(a) Nothing in this compact shall be construed to abridge,diminish, or in any way impair the rights, duties and responsibilities of anypatient's guardian on his or her own behalf or in respect of any patient forwhom he or she may serve, except that where the transfer of any patient toanother jurisdiction makes advisable the appointment of a supplemental orsubstitute guardian, any court of competent jurisdiction in the receiving statemay make such supplemental or substitute appointment and the court whichappointed the previous guardian shall upon being duly advised of the newappointment, and upon the satisfactory completion of such accounting and otheracts as such court may by law require, relieve the previous guardian of powerand responsibility to whatever extent shall be appropriate in thecircumstances; provided, however, that in the case of any patient havingsettlement in the sending state, the court of competent jurisdiction in thesending state shall have the sole discretion to relieve a guardian appointed byit or continue his or her power and responsibility, whichever it shall deemadvisable. The court in the receiving state may, in its discretion, confirm orreappoint the person or persons previously serving as guardian in the sendingstate in lieu of making a supplemental or substitute appointment.
(b) The term "guardian," as used in paragraph (a) of thisarticle, shall include any guardian, trustee, legal committee, conservator, orother person or agency however denominated who is charged by law with power toact for or responsibility for the person or property of a patient.
Article IX
(a) No provision of this compact except article V shall applyto any person institutionalized while under sentence in a penal or correctionalinstitution or while subject to trial on a criminal charge, or whoseinstitutionalization is due to the commission of an offense for which, in theabsence of mental illness or developmental disability, said person would besubject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy ofstates party to this compact that no patient shall be placed or detained in anyprison, jail or lockup, but such patient shall, with all expedition, be takento a suitable institutional facility for mental illness or developmentaldisability.
Article X
(a) Each party state shall appoint a "compact administrator"who, on behalf of his or her state, shall act as general coordinator ofactivities under the compact in his or her state and who shall receive copiesof all reports, correspondence, and other documents relating to any patientprocessed under the compact by his or her state either in the capacity ofsending or receiving state. The compact administrator or his or her dulydesignated representative shall be the official with whom other party statesshall deal in any matter relating to the compact or any patient processedthereunder.
(b) The compact administrators of the respective party statesshall have power to promulgate reasonable rules and regulations to carry outmore effectively the terms and provisions of this compact.
Article XI
The duly constituted administrative authorities of any two(2) or more party states may enter into supplementary agreements for theprovision of any service or facility or for the maintenance of any institutionon a joint or cooperative basis whenever the states concerned shall find thatsuch agreements will improve services, facilities, or institutional care andtreatment in the fields of mental illness or developmental disability. No suchsupplementary agreement shall be construed so as to relieve any party state ofany obligation which it otherwise would have under other provisions of thiscompact.
Article XII
This compact shall enter into full force and effect as to anystate when enacted by it into law and such state shall thereafter be a partythereto with any and all states legally joining therein.
Article XIII
(a) A state party to this compact may withdraw therefrom byenacting a statute repealing the same. Such withdrawal shall take effect oneyear after notice thereof has been communicated officially and in writing tothe governors and compact administrators of all other party states. However,the withdrawal of any state shall not change the status of any patient who hasbeen sent to said state or sent out of said state pursuant to the provisions ofthe compact.
(b) Withdrawal from any agreement permitted by article VII(b) as to costs or from any supplementary agreement made pursuant to article XIshall be in accordance with the terms of such agreement.
Article XIV
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate party thereto, the compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affected asto all severable matters.
