§ 11-13-4-1 — Compact

Indiana § 11-13-4-1

• Jurisdiction: Indiana
• Art. 13: PROBATION AND PAROLE
• Ch. 4: Out-of-State Probationer or Parolee

Text

The governor shall enter into a compact on
behalf of the state with any of the United States legally joining therein
in the form substantially as follows:
A Compact. Entered into by and among the contracting states,
signatories hereto, 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 any two (2) or more states to enter into
agreements or compacts for cooperative effort and mutual assistance
in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial and
administrative authorities of a state party to this compact, (herein
called "sending state") to permit any person convicted of an
offense within such state and placed on probation or released on
parole to reside in any other state party to this compact, (herein
called "receiving state") while on probation or parole, if:
(A) such person is in fact a resident of or has his family residing
within the receiving state and can obtain employment there; and
(B) though not a resident of the receiving state and not having
his family residing there, the receiving state consents to such
person's being sent there.
Before granting such permission, opportunity shall be granted to
the receiving state to investigate the home and prospective
employment of such persons.
A resident of the receiving state, within the meaning of this
section, is one who has been an actual inhabitant of such state
continuously for more than one (1) year prior to his coming to the
sending state and has not resided within the sending state more
than six (6) continuous months immediately preceding the
commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation
of and supervision over probationers or parolees of any sending
state and in the exercise of those duties will be governed by the
same standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may enter a
receiving state and there apprehend and retake any person on
probation or parole. Unless otherwise required by law, no
formalities will be required 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
hereby expressly waived. The decision of the sending state to
retake a person on probation or parole shall be conclusive upon
and not reviewable within the receiving state: provided, however,
that if at the time when a state seeks to retake a probationer or
parolee there should be pending against him within the receiving
state any criminal charge, or he should be suspected of having
committed within such state a criminal offense, he shall not be
retaken without the consent of the receiving state until discharged
from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of sending state will be
permitted to transport prisoners being retaken through any and all
states parties to this compact, without interference.
(5) That the governor of each state may designate an officer who,
acting jointly with like officers of other contracting states, if and
when appointed, shall promulgate such rules and regulations as
may be deemed necessary to more effectively carry out the terms
of this compact.
(6) That this compact shall become operative immediately upon
its ratification by any state as between it and any other state or
states so ratifying. When ratified it shall have the full force and
effect of law within such state. The form of ratification to be in
accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain binding
upon each ratifying state until renounced by it. The duties and
obligations hereunder of a renouncing state shall continue as to
parolees or probationers residing therein at the time of withdrawal
until retaken or finally discharged by the sending state.
Renunciation of this compact shall be by the same authority
which ratified it, by sending six (6) months notice in writing of its
intention to withdraw from the compact.
As added by Acts 1979, P.L.120, SEC.6.