State Codes and Statutes
Statutes > Utah > Title-77 > Chapter-27 > 77-27-2577-27-25. Amendments to interstate compact -- Transfer of prisoners -- Costs --Supplementary agreements.
The governor is authorized, on behalf of the state, to execute amendments to the compactsprovided for in Section 77-27-24, with any other state legally joined therein. "State," as used inthis section, includes any state, territory or possession of the United States and the District ofColumbia. The amendments to the compact shall be in form substantially as follows:
(a) Whenever the duly constituted judicial and administrative authorities in a sending stateshall determine incarceration of a probationer or reincarceration of a parolee is necessary ordesirable, said officials may direct that the incarceration or reincarceration be in a prison or othercorrectional institution within the territory of the receiving state, such receiving state to act in thatregard solely as agent for the sending state.
(b) As used in this amendment, the term "receiving state" shall be construed to mean anystate, other than the sending state, in which a parolee or probationer may be found, provided thatsaid state is a party to this amendment.
(c) Every state which adopts this amendment shall designate at least one of itscorrectional institutions as a "Compact Institution" and shall incarcerate persons therein asprovided in (a) hereof unless the sending and receiving state in question shall make specificcontractual arrangements to the contrary. All states party to this amendment shall have access to"Compact Institutions" at all reasonable hours for the purpose of inspecting the facilities thereofand for the purpose of visiting such of said state's prisoners as may be confined in the institution.
(d) Persons confined in "Compact Institutions" pursuant to the terms of this compact shallat all times be subject to the jurisdiction of the sending state and may at any time be removedfrom said "Compact Institution" for transfer to a prison or other correctional institution within thesending state, for return to probation or parole, for discharge, or for any other purpose permittedby the laws of the sending state.
(e) All persons who may be confined in a "Compact Institution" pursuant to theprovisions of this amendment shall be treated in a reasonable and humane manner. The fact ofincarceration or reincarceration in a receiving state shall not deprive any person so incarcerated orreincarcerated of any rights which said person would have had if incarcerated or reincarcerated inan appropriate institution of the sending state; nor shall any agreement to submit to incarcerationor reincarceration pursuant to the terms of this amendment be construed as a waiver of any rightswhich the prisoner would have had if he had been incarcerated or reincarcerated in an appropriateinstitution of the sending state, except that the hearing or hearings, if any, to which a parolee orprobationer may be entitled, (prior to incarceration or reincarceration) by the laws of the sendingstate may be had before the appropriate judicial or administrative officers of the receiving state. Inthis event, said judicial and administrative officers shall act as agents of the sending state afterconsultation with appropriate officers of the sending state.
(f) Any receiving state incurring costs or other expenses under this amendment shall bereimbursed in the amount of such costs or other expenses by the sending state unless the statesconcerned shall specifically otherwise agree. Any two or more states party to this amendmentmay enter into supplementary agreements determining a different allocation of costs as amongthemselves.
(g) This amendment shall take effect when ratified by any two or more states party to thecompact and shall be effective as to those states which have specifically ratified this amendment.Rules and regulations necessary to effectuate the terms of this amendment may be promulgated
by the appropriate officers of those states which have ratified this amendment.
Enacted by Chapter 15, 1980 General Session
