State Codes and Statutes

Statutes > Virginia > Title-53-1 > Chapter-4 > 53-1-167

§ 53.1-167. Form of compact.

The form of the compact shall be substantially as follows:

A compact entered into by and among the contracting states, signatureshereto, with the consent of the Congress of the United States of America,granted by an act entitled "an act granting the consent of Congress to anytwo or more states to enter into agreements or compacts for cooperativeeffort and mutual assistance in the prevention of crime and for otherpurposes."

The contracting states solemnly agree:

1. That it shall be competent for the duly constituted judicial andadministrative authorities of a state party to this compact (herein called"sending state"), to permit any person convicted of an offense within suchstate and placed on probation or released on parole to reside in any otherstate party to this compact (herein called "receiving state"), while onprobation or parole, if:

a. Such person is in fact a resident of or has his family residing within thereceiving state and can obtain employment there;

b. Though not a resident of the receiving state and not having his familyresiding there, the receiving state consents to such person being sent there.

Before granting such permission, opportunity shall be granted to thereceiving state to investigate the home and prospective employment of suchperson.

A resident of the receiving state, within the meaning of this compact, is onewho has been an actual inhabitant of such state continuously for more thanone year prior to his coming to the sending state and has not resided withinthe sending state more than six continuous months immediately preceding thecommission of the offense for which he has been convicted.

2. That each receiving state will assume the duties of visitation of andsupervision over probationers or parolees of any sending state and in theexercise of those duties will be governed by the same standards that prevailfor its own probationers and parolees.

3. That duly accredited officers of a sending state may at all times enter areceiving state and there apprehend and retake any person on probation orparole. For that purpose no formalities will be required other thanestablishing the authority of the officer and the identity of the person tobe retaken. All legal requirements to obtain extradition of fugitives fromjustice are hereby expressly waived on the part of states party hereto, as tosuch persons. The decision of the sending state to retake a person onprobation or parole shall be conclusive upon and not reviewable within thereceiving state; provided, however, that if at the time when a state seeks toretake a probationer or parolee there should be pending against him withinthe receiving state any criminal charge, or he should be suspected of havingcommitted within such state a criminal offense, he shall not be retakenwithout the consent of the receiving state until discharged from prosecutionor from imprisonment for such offense.

4. That the duly accredited officers of the sending state will be permittedto transport prisoners being retaken through any and all states parties tothis compact, without interference.

5. That the Governor of each state may designate an officer who, actingjointly with like officers of other contracting states, if and whenappointed, shall promulgate such rules and regulations as may be deemednecessary to more effectively carry out the terms of this compact.

6. That this compact shall become operative immediately upon its execution byany state as between it and any other state or states so executing. Whenexecuted it shall have the full force and effect of law within such state,the form of execution to be in accordance with the laws of the executingstate.

7. That this compact shall continue in force and remain binding upon eachexecuting state until renounced by it. The duties and obligations hereunderof a renouncing state shall continue as to parolees or probationers residingtherein at the time of withdrawal until retaken or finally discharged by thesending state. Renunciation of this compact shall be by the same authoritywhich executed it, by sending six months' notice in writing of its intentionto withdraw from the compact to the other states party hereto.

(Code 1950, § 53-289; 1982, c. 636.)

State Codes and Statutes

Statutes > Virginia > Title-53-1 > Chapter-4 > 53-1-167

§ 53.1-167. Form of compact.

The form of the compact shall be substantially as follows:

A compact entered into by and among the contracting states, signatureshereto, with the consent of the Congress of the United States of America,granted by an act entitled "an act granting the consent of Congress to anytwo or more states to enter into agreements or compacts for cooperativeeffort and mutual assistance in the prevention of crime and for otherpurposes."

The contracting states solemnly agree:

1. That it shall be competent for the duly constituted judicial andadministrative authorities of a state party to this compact (herein called"sending state"), to permit any person convicted of an offense within suchstate and placed on probation or released on parole to reside in any otherstate party to this compact (herein called "receiving state"), while onprobation or parole, if:

a. Such person is in fact a resident of or has his family residing within thereceiving state and can obtain employment there;

b. Though not a resident of the receiving state and not having his familyresiding there, the receiving state consents to such person being sent there.

Before granting such permission, opportunity shall be granted to thereceiving state to investigate the home and prospective employment of suchperson.

A resident of the receiving state, within the meaning of this compact, is onewho has been an actual inhabitant of such state continuously for more thanone year prior to his coming to the sending state and has not resided withinthe sending state more than six continuous months immediately preceding thecommission of the offense for which he has been convicted.

2. That each receiving state will assume the duties of visitation of andsupervision over probationers or parolees of any sending state and in theexercise of those duties will be governed by the same standards that prevailfor its own probationers and parolees.

3. That duly accredited officers of a sending state may at all times enter areceiving state and there apprehend and retake any person on probation orparole. For that purpose no formalities will be required other thanestablishing the authority of the officer and the identity of the person tobe retaken. All legal requirements to obtain extradition of fugitives fromjustice are hereby expressly waived on the part of states party hereto, as tosuch persons. The decision of the sending state to retake a person onprobation or parole shall be conclusive upon and not reviewable within thereceiving state; provided, however, that if at the time when a state seeks toretake a probationer or parolee there should be pending against him withinthe receiving state any criminal charge, or he should be suspected of havingcommitted within such state a criminal offense, he shall not be retakenwithout the consent of the receiving state until discharged from prosecutionor from imprisonment for such offense.

4. That the duly accredited officers of the sending state will be permittedto transport prisoners being retaken through any and all states parties tothis compact, without interference.

5. That the Governor of each state may designate an officer who, actingjointly with like officers of other contracting states, if and whenappointed, shall promulgate such rules and regulations as may be deemednecessary to more effectively carry out the terms of this compact.

6. That this compact shall become operative immediately upon its execution byany state as between it and any other state or states so executing. Whenexecuted it shall have the full force and effect of law within such state,the form of execution to be in accordance with the laws of the executingstate.

7. That this compact shall continue in force and remain binding upon eachexecuting state until renounced by it. The duties and obligations hereunderof a renouncing state shall continue as to parolees or probationers residingtherein at the time of withdrawal until retaken or finally discharged by thesending state. Renunciation of this compact shall be by the same authoritywhich executed it, by sending six months' notice in writing of its intentionto withdraw from the compact to the other states party hereto.

(Code 1950, § 53-289; 1982, c. 636.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-53-1 > Chapter-4 > 53-1-167

§ 53.1-167. Form of compact.

The form of the compact shall be substantially as follows:

A compact entered into by and among the contracting states, signatureshereto, with the consent of the Congress of the United States of America,granted by an act entitled "an act granting the consent of Congress to anytwo or more states to enter into agreements or compacts for cooperativeeffort and mutual assistance in the prevention of crime and for otherpurposes."

The contracting states solemnly agree:

1. That it shall be competent for the duly constituted judicial andadministrative authorities of a state party to this compact (herein called"sending state"), to permit any person convicted of an offense within suchstate and placed on probation or released on parole to reside in any otherstate party to this compact (herein called "receiving state"), while onprobation or parole, if:

a. Such person is in fact a resident of or has his family residing within thereceiving state and can obtain employment there;

b. Though not a resident of the receiving state and not having his familyresiding there, the receiving state consents to such person being sent there.

Before granting such permission, opportunity shall be granted to thereceiving state to investigate the home and prospective employment of suchperson.

A resident of the receiving state, within the meaning of this compact, is onewho has been an actual inhabitant of such state continuously for more thanone year prior to his coming to the sending state and has not resided withinthe sending state more than six continuous months immediately preceding thecommission of the offense for which he has been convicted.

2. That each receiving state will assume the duties of visitation of andsupervision over probationers or parolees of any sending state and in theexercise of those duties will be governed by the same standards that prevailfor its own probationers and parolees.

3. That duly accredited officers of a sending state may at all times enter areceiving state and there apprehend and retake any person on probation orparole. For that purpose no formalities will be required other thanestablishing the authority of the officer and the identity of the person tobe retaken. All legal requirements to obtain extradition of fugitives fromjustice are hereby expressly waived on the part of states party hereto, as tosuch persons. The decision of the sending state to retake a person onprobation or parole shall be conclusive upon and not reviewable within thereceiving state; provided, however, that if at the time when a state seeks toretake a probationer or parolee there should be pending against him withinthe receiving state any criminal charge, or he should be suspected of havingcommitted within such state a criminal offense, he shall not be retakenwithout the consent of the receiving state until discharged from prosecutionor from imprisonment for such offense.

4. That the duly accredited officers of the sending state will be permittedto transport prisoners being retaken through any and all states parties tothis compact, without interference.

5. That the Governor of each state may designate an officer who, actingjointly with like officers of other contracting states, if and whenappointed, shall promulgate such rules and regulations as may be deemednecessary to more effectively carry out the terms of this compact.

6. That this compact shall become operative immediately upon its execution byany state as between it and any other state or states so executing. Whenexecuted it shall have the full force and effect of law within such state,the form of execution to be in accordance with the laws of the executingstate.

7. That this compact shall continue in force and remain binding upon eachexecuting state until renounced by it. The duties and obligations hereunderof a renouncing state shall continue as to parolees or probationers residingtherein at the time of withdrawal until retaken or finally discharged by thesending state. Renunciation of this compact shall be by the same authoritywhich executed it, by sending six months' notice in writing of its intentionto withdraw from the compact to the other states party hereto.

(Code 1950, § 53-289; 1982, c. 636.)