§ 24-60-801 — Execution of compact

The governor is hereby authorized to
execute a compact on behalf of this state with any other contiguous state or states
joining therein in the form substantially as follows:

WESTERN INTERSTATE CORRECTIONS COMPACT

Article I

PURPOSE AND POLICY

The party states, desiring by common action to improve their institutional
facilities and provide programs of sufficiently high quality 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 co-operation with one another, thereby serving the best interests of such
offenders and of society. The purpose of this compact is to provide for the
development and execution of such programs of co-operation for the confinement,
treatment and rehabilitation of offenders.

Article II

DEFINITIONS

As used in this compact, unless the context clearly requires otherwise:

(a) State means a state of the United States, or, subject to the limitation
contained in Article VII, Guam.

(b) Sending state means a state party to this compact in which conviction
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 was had.

(d) Inmate means a male or female offender who is under sentence to or
confined in a prison or other correctional institution.

(e) Institution means any prison, reformatory or other correctional facility
(including but not limited to a facility for the mentally ill or mentally defective) in
which inmates 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) Prior to the construction or completion of construction of any institution
or addition thereto by a party state, any other party state or states may contract
therewith for the enlargement of the planned capacity of the institution or addition
thereto, or for the inclusion therein of particular equipment or structures, and for
the reservation of a specific percentum of the capacity of the institution to be kept
available for use by inmates of the sending state or states so contracting. Any
sending state so contracting may, to the extent that monies are legally available
therefore, pay to the receiving state, a reasonable sum as consideration for such
enlargement of capacity, or provision of equipment or structures, and reservation of
capacity. Such payment may be in a lump sum or in installments as provided in the
contract.

(c) 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 judicial or administrative 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 in order to provide adequate
quarters and care, or desirable in order to provide 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 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 the benefit 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 cared for and 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. Costs of records made pursuant to
this subdivision shall be borne by 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 suspected 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 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 contiguous
states from among the states of Alaska, Arizona, California, Colorado, Hawaii,
Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and
Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed
contiguous to each other; to any and all of the states of California, Oregon and
Washington; and to Guam. Thereafter, this compact shall enter into force and
become effective and binding as to any other of said states, or any other state
contiguous to at least one party state upon similar action by such state. Guam may
become party to this compact by taking action similar to that provided for joinder
by any other eligible party state and upon the consent of Congress to such joinder.
For the purposes of this article, Guam shall be deemed contiguous to Alaska,
Hawaii, California, Oregon and Washington.

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
two years 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.

Legislative History

Source: L. 59: p. 516, � 1. CRS 53: � 74-9-1. C.R.S. 1963: � 74-9-1.