§ 105 — Acts not reviewable in receiving state; extradition

New York § 105

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

Text

§ 105. Acts not reviewable in receiving state; extradition. (a) Any\ndecision of the sending state in respect to any matter over which it\nretains jurisdiction pursuant to this compact shall be conclusive upon\nand not reviewable within the receiving state, but if at the time the\nsending state seeks to remove an incarcerated individual from an\ninstitution in the receiving state there is pending against the\nincarcerated individual within such state any criminal charge or if the\nincarcerated individual is formally accused of having committed within\nsuch state a criminal offense, the incarcerated individual shall not be\nreturned without the consent of the receiving state until discharged\nfrom prosecution or other form of proceeding, imprisonment or detention\nfor such offense. The duly accredited officers of the sending state\nshall be permitted to transport incarcerated individuals pursuant to\nthis compact through any and all states party to this compact without\ninterference.\n (b) Any incarcerated individual who escapes from an institution in\nwhich he or she is confined pursuant to this compact shall be deemed a\nfugitive from the sending state and from the state in which the\ninstitution is situated. In the case of any escape to a jurisdiction\nother than the sending or receiving state, the responsibility for\ninstitution of extradition or rendition proceedings shall be that of the\nsending state, but nothing contained herein shall be construed to\nprevent or affect the activities of officers and agencies of any\njurisdiction directed toward the apprehension and return of the escapee.\n