§ 11-12-8-2 — Interstate compact provisions

The governor may enter into a compact under
this chapter on behalf of the state with any other state that legally joins
in the compact in a form that is substantially similar to the following:
A contracting state agrees to the following:
(1) The judicial and administrative authorities of a state that is a
party to this compact (referred to as the "sending state") may
allow a person who is a criminal or a juvenile offender within the
state and who has been placed in a community corrections
program under IC 35-38-2.6 to reside in any other state that is a
party to this compact (referred to as the "receiving state") while
participating in the community corrections program if:
(A) the person:
(i) is a resident of or has family residing in the receiving
state; or
(ii) is not a resident of the receiving state and does not have
family residing in the receiving state and the receiving state
consents to sending the person to the receiving state; and
(B) the sending state determines that the receiving state has a
community corrections program that is adequate to supervise
the person.
(2) That a receiving state will:
(A) assume the duties of supervision over persons placed in a
community corrections program of a sending state; and
(B) be governed by the same standards that prevail for persons
in the receiving state's community corrections program.
(3) That accredited officers of a sending state may enter a
receiving state to apprehend and retake a person sent from the
sending state to the receiving state. Unless otherwise required by
law, no formalities are required to retake a person other than
establishing the authority of the officer and the identity of the
person to be retaken. All legal requirements to obtain extradition
of fugitives from justice are expressly waived. The decision of the
sending state to retake a person sent to a receiving state is not
reviewable within the receiving state. However, if at the time a
sending state seeks to retake a person in a receiving state there is
a criminal charge pending against the person within the receiving
state or the person is suspected of having committed a criminal
offense within the receiving state, the person may not be retaken
without the consent of the receiving state until the person is
discharged from prosecution or from imprisonment for the
criminal offense.
(4) That the accredited officers of a sending state may transport
prisoners being retaken by the sending state through any state that
is a party to this compact without interference.
(5) That the governor of each state may designate an officer who,
acting jointly with similar officers of other contracting states,
shall adopt administrative rules necessary to effectively carry out
the terms of this compact.
(6) That this compact becomes operative immediately upon its
ratification by any state between the state and any other state that
has ratified the compact. When ratified by a state, the compact
has the full force and effect of law within the state. The form of
ratification must be in accordance with the laws of the ratifying
state.
(7) That this compact continues in force and remains binding
upon each ratifying state until renounced by the state. The duties
and obligations under this compact of a receiving state that
renounces this compact continue as to persons in community
corrections programs residing in the state at the time of the
receiving state's withdrawal until retaken or finally discharged by
the sending state. Renunciation of this compact shall be by the
same authority that ratified the compact by sending six (6) months
notice to each state that has ratified the compact in writing of the
state's intention to withdraw from the compact.

Legislative History

As added by P.L.73-1994, SEC.1. Amended by P.L.104-1997, SEC.5.