The general assembly
approves and ratifies and the governor shall enter into a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to fully utilize and improve their
institutional facilities and provide adequate programs for the confinement,
treatment and rehabilitation of various types of offenders, declare that it is the
policy of each of the party states to provide such facilities and programs on a basis
of cooperation with one another, thereby serving the best interests of such
offenders and of society and effecting economies in capital expenditures and
operational costs. The purpose of this compact is to provide for the mutual
development and execution of such programs of cooperation for the confinement,
treatment and rehabilitation of offenders with the most economical use of human
and material resources.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) State means a state of the United States; the United States of America;
a territory or possession of the United States; the District of Columbia; the
Commonwealth of Puerto Rico.
(b) Sending state means a state party to this compact in which conviction
or court commitment was had.
(c) Receiving state means a state party to this compact to which an inmate
is sent for confinement other than a state in which conviction or court commitment
was had.
(d) Inmate means a male or female offender who is committed, 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 the mentally ill or mentally defective, in which inmates as
defined in (d) above may lawfully be confined.
ARTICLE III
Contracts
(a) Each party state may make one or more contracts with any one or more of
the other party states for the confinement of inmates on behalf of a sending state
in institutions situated within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for
inmate maintenance, extraordinary medical and dental expenses, and any
participation in or receipt by inmates of rehabilitative or correctional services,
facilities, programs or treatment not reasonably included as part of normal
maintenance.
3. Participation in programs of inmate employment, if any; the disposition or
crediting of any payments received by inmates on account thereof; and the
crediting of proceeds from or disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the
obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any contract
entered into by the authority of or pursuant thereto, and nothing in any such
contract shall be inconsistent therewith.
ARTICLE IV
Procedures and Rights
(a) Whenever the duly constituted authorities in a state party to this
compact, and which has entered into a contract pursuant to Article III, shall decide
that confinement in, or transfer of an inmate to, an institution within the territory of
another party state is necessary or desirable in order to provide adequate quarters
and care or an appropriate program of rehabilitation or treatment, said officials may
direct that the confinement be within an institution within the territory of said other
party state, the receiving state to act in that regard solely as agent for the sending
state.
(b) The appropriate officials of any state party to this compact shall have
access, at all reasonable times, to any institution in which it has a contractual right
to confine inmates for the purpose of inspecting the facilities thereof and visiting
such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact
shall at all times be subject to the jurisdiction of the sending state and may at any
time be removed therefrom for transfer to a prison or other institution within the
sending state, for transfer to another institution in which the sending state may
have a contractual or other right to confine inmates, for release on probation or
parole, for discharge, or for any other purpose permitted by the laws of the sending
state; provided that the sending state shall continue to be obligated to such
payments as may be required pursuant to the terms of any contract entered into
under the terms of article III.
(d) Each receiving state shall provide regular reports to each sending state
on the inmates of that sending state in institutions pursuant to this compact
including a conduct record of each inmate and certify said record to the official
designated by the sending state, in order that each inmate may have official review
of his or her record in determining and altering the disposition of said inmate in
accordance with the law which may obtain in the sending state and in order that the
same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the
provisions of this compact shall be treated in a reasonable and humane manner and
shall be treated equally with such similar inmates of the receiving state as may be
confined in the same institution. The fact of confinement in a receiving state shall
not deprive any inmate so confined of any legal rights which said inmate would have
had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this
compact may be entitled by the laws of the sending state may be had before the
appropriate authorities of the sending state, or of the receiving state if authorized
by the sending state. The receiving state shall provide adequate facilities for such
hearings as may be conducted by the appropriate officials of a sending state. In the
event such hearing or hearings are had before officials of the receiving state, the
governing law shall be that of the sending state and a record of the hearing or
hearings as prescribed by the sending state shall be made. Said record together
with any recommendations of the hearing officials shall be transmitted forthwith to
the official or officials before whom the hearing would have been had if it had taken
place in the sending state. In any and all proceedings had pursuant to the provisions
of this subdivision, the officials of the receiving state shall act solely as agents of
the sending state and no final determination shall be made in any matter except by
the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released within
the territory of the sending state unless the inmate, and the sending and receiving
states, shall agree upon release in some other place. The sending state shall bear
the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any
and all rights to participate in and derive any benefits or incur or be relieved of any
obligations or have such obligations modified or his status changed on account of
any action or proceeding in which he could have participated if confined in any
appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under
the laws of the sending state to act for, advise, or otherwise function with respect
to any inmate shall not be deprived of or restricted in his exercise of any power in
respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V
Acts Not Reviewable in Receiving State: Extradition
(a) Any decision of the sending state in respect of any matter over which it
retains jurisdiction pursuant to this compact shall be conclusive upon and not
reviewable within the receiving state, but if at the time the sending state seeks to
remove an inmate from an institution in the receiving state there is pending against
the inmate within such state any criminal charge or if the inmate is formally
accused of having committed within such state a criminal offense, the inmate shall
not be returned without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment or detention for such
offense. The duly accredited officers of the sending state shall be permitted to
transport inmates pursuant to this compact through any and all states party to this
compact without interference.
(b) An inmate who escapes from an institution in which he is confined
pursuant to this compact shall be deemed a fugitive from the sending state and
from the state in which the institution is situated. In the case of an escape to a
jurisdiction other than the sending or receiving state, the responsibility for
institution of extradition or rendition proceedings shall be that of the sending state,
but nothing contained herein shall be construed to prevent or affect the activities of
officers and agencies of any jurisdiction directed toward the apprehension and
return of an escapee.
ARTICLE VI
Federal Aid
Any state party to this compact may accept federal aid for use in connection
with any institution or program, the use of which is or may be affected by this
compact or any contract pursuant hereto and any inmate in a receiving state
pursuant to this compact may participate in any such federally aided program or
activity for which the sending and receiving states have made contractual provision,
provided that if such program or activity is not part of the customary correctional
regimen, the express consent of the appropriate official of the sending state shall
be required therefor.
ARTICLE VII
Entry into Force
This compact shall enter into force and become effective and binding upon
the states so acting when it has been enacted into law by any two states.
Thereafter, this compact shall enter into force and become effective and binding as
to any other of said states upon similar action by such state.
ARTICLE VIII
Withdrawal and Termination
This compact shall continue in force and remain binding upon a party state
until it shall have enacted a statute repealing the same and providing for the
sending of formal written notice of withdrawal from the compact to the appropriate
officials of all other party states. An actual withdrawal shall not take effect until
one year after the notices provided in said statute have been sent. Such withdrawal
shall not relieve the withdrawing state from its obligations assumed hereunder
prior to the effective date of withdrawal. Before the effective date of withdrawal, a
withdrawing state shall remove to its territory, at its own expense, such inmates as
it may have confined pursuant to the provisions of this compact.
ARTICLE IX
Other Arrangements Unaffected
Nothing contained in this compact shall be construed to abrogate or impair
any agreement or other arrangement which a party state may have with a non-party
state for the confinement, rehabilitation or treatment of inmates nor to repeal any
other laws of a party state authorizing the making of cooperative institutional
arrangements.
ARTICLE X
Construction and Severability
The provisions of this compact shall be liberally construed and shall be
severable. If any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any participating state or of the United States
or the applicability thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this compact and the applicability
thereof to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state affected as to all
severable matters.