§ 104 — Procedures and rights

New York § 104

• Jurisdiction: New York
• Law COR: Correction
• Art. 5-A: Interstate Corrections Compact

Text

§ 104. Procedures and rights. (a) Whenever the duly constituted\nauthorities in a state party to this compact, and which has entered into\na contract pursuant to section one hundred three of this article, shall\ndecide that confinement in, or transfer of an incarcerated individual\nto, an institution within the territory of another party state is\nnecessary or desirable in order to provide adequate quarters and care or\nan appropriate program of rehabilitation or treatment, said officials\nmay direct that the confinement be within an institution within the\nterritory of said other party state, the receiving state to act in that\nregard solely as agent for the sending state.\n (b) The appropriate officials of any state party to this compact shall\nhave access, at all reasonable times, to any institution in which it has\na contractual right to confine incarcerated individuals for the purpose\nof inspecting the facilities thereof and visiting such of its\nincarcerated individuals as may be confined in the institution.\n (c) Incarcerated individuals confined in an institution pursuant to\nthe terms of this compact shall at all times be subject to the\njurisdiction of the sending state and may at any time be removed\ntherefrom for transfer to a prison or other institution within the\nsending state, for transfer to another institution in which the sending\nstate may have a contractual or other right to confine incarcerated\nindividuals, for release on probation or parole, for discharge, or for\nany other purpose permitted by the laws of the sending state; provide\nthat the sending state shall continue to be obligated to such payments\nas may be required pursuant to the terms of any contract entered into\nunder the terms contained in section one hundred three of this article.\n (d) Each receiving state shall provide regular reports to each sending\nstate on the incarcerated individuals of that sending state in\ninstitutions pursuant to this compact including a conduct record of each\nincarcerated individual and certify said record to the official\ndesignated by the sending state, in order that each incarcerated\nindividual may have official review of his or her record in determining\nand altering the disposition of said incarcerated individual in\naccordance with the law which may obtain in the sending state and in\norder that the same may be a source of information for the sending\nstate.\n (e) All incarcerated individuals who may be confined in an institution\npursuant to the provisions of this compact shall be treated in a\nreasonable and humane manner and shall be treated equally with such\nsimilar incarcerated individuals of the receiving state as may be\nconfined in the same institution. The fact of confinement in a receiving\nstate shall not deprive any incarcerated individual so confined of any\nlegal rights which said incarcerated individual would have had if\nconfined in an appropriate institution of the sending state.\n (f) Any hearing or hearings to which an incarcerated individual\nconfined pursuant to this compact may be entitled by the laws of the\nsending state may be had before the appropriate authorities of the\nsending state, or of the receiving state if authorized by the sending\nstate. The receiving state shall provide adequate facilities for such\nhearings as may be conducted by the appropriate officials of a sending\nstate. In the event such hearing or hearings are had before officials of\nthe receiving state, the governing law shall be that of the sending\nstate and a record of the hearing or hearings as prescribed by the\nsending state shall be made. Said record together with any\nrecommendations of the hearing officials shall be transmitted forthwith\nto the official or officials before whom the hearing would have been had\nif it had taken place in the sending state. In any and all proceedings\nhad pursuant to the provisions of this subdivision, the officials of the\nreceiving state shall act solely as agents of the sending state and no\nfinal determination shall be made in any matter except by the\nappropriate officials of the sending state.\n (g) Any incarcerated individual confined pursuant to this compact\nshall be released within the territory of the sending state unless the\nincarcerated individual, and the sending and receiving states, shall\nagree upon release in some other place. The sending state shall bear the\ncost of such return to its territory.\n (h) Any incarcerated individual confined pursuant to the terms of this\ncompact shall have any and all rights to participate in and derive any\nbenefits or incur or be relieved of any obligations or have such\nobligations modified or his or her status changed on account of any\naction or proceeding in which he or she could have participated if\nconfined in any appropriate institution of the sending state located\nwithin such state.\n (i) The parent, guardian, trustee, or other person or persons entitled\nunder the laws of the sending state to act for, advise, or otherwise\nfunction with respect to any incarcerated individual shall not be\ndeprived of or restricted in his or her exercise of any power in respect\nto any incarcerated individual confined pursuant to the terms of this\ncompact.\n