§ 259-M — Compacts with other states for out-of-state parolee supervision

New York § 259-M

• Jurisdiction: New York
• Law EXC: Executive
• Art. 12-B: State Board of Parole

Text

§ 259-m. Compacts with other states for out-of-state parolee\nsupervision. 1. The governor is hereby authorized and directed to enter\ninto a compact on behalf of the state of New York with any state of the\nUnited States legally joining therein in the form substantially as\nfollows:\n A COMPACT\n Entered into by and among the contracting states, signatories hereto,\nwith the consent of the Congress of the United States of America,\ngranted by an act entitled "An act granting the consent of Congress to\nany two or more states to enter into agreements or compacts for\ncooperative effort and mutual assistance in the prevention of crime and\nfor other purposes."\n The contracting states solemnly agree:\n (1) That it shall be competent for the duly constituted judicial and\nadministrative authorities of a state party to this compact (herein\ncalled "sending state") to permit any person convicted of an offense\nwithin such state and placed on probation or released on parole to\nreside in any other state party to this compact (herein called\n"receiving state") while on probation or parole, if\n (a) Such person is in fact a resident of or has his family residing\nwithin the receiving state and can obtain employment there;\n (b) Though not a resident of the receiving state and not having his\nfamily residing there, the receiving state consents to such person being\nsent there.\n Before granting such permission, opportunity shall be granted to the\nreceiving state to investigate the home and prospective employment of\nsuch person.\n A resident of the receiving state, within the meaning of this section,\nis one who has been an actual inhabitant of such state continuously for\nmore than one year prior to his coming to the sending state and has not\nresided within the sending state more than six continuous months\nimmediately preceding the commission of the offense for which he has\nbeen convicted.\n (2) That each receiving state will assume the duties of visitation of\nand supervision over probationers or parolees of any sending state and\nin the exercise of those duties will be governed by the same standards\nthat prevail for its own probationers and parolees.\n (3) That duly accredited officers of a sending state may at all times\nenter a receiving state and there apprehend and retake any person on\nprobation or parole. For that purpose no formalities will be required\nother than establishing the authority of the officer and the identity of\nthe person to be retaken. All legal requirements to obtain extradition\nof fugitives from justice are hereby expressly waived on the part of\nstates party hereto, as to such persons. The decision of the sending\nstate to retake a person on probation or parole shall be conclusive upon\nand not reviewable within the receiving state; provided, however, that\nif at the time when a state seeks to retake a probationer or parolee\nthere should be pending against him within the receiving state any\ncriminal charge, or he should be suspected of having committed within\nsuch state a criminal offense, he shall not be retaken without the\nconsent of the receiving state until discharged from prosecution or from\nimprisonment for such offense.\n (4) That the duly accredited officers of the sending state will be\npermitted to transport prisoners being retaken through any and all\nstates parties to this compact, without interference.\n (5) That the governor of each state may designate an officer who,\nacting jointly with like officers of other contracting states, if and\nwhen appointed, shall promulgate such rules and regulations as may be\ndeemed necessary to more effectively carry out the terms of this\ncompact.\n (6) That this compact shall become operative immediately upon its\nratification by any state as between it and any other state or states so\nratifying. When ratified it shall have the full force and effect of law\nwithin such state, the form of ratification to be in accordance with the\nlaws of the ratifying state.\n (7) That this compact shall continue in force and remain binding upon\neach ratifying state until renounced by it. The duties and obligations\nhereunder of a renouncing state shall continue as to parolees or\nprobationers residing therein at the time of withdrawal until retaken or\nfinally discharged by the sending state. Renunciation of this compact\nshall be by the same authority which ratified it, by sending six months'\nnotice in writing of its intention to withdraw from the compact to the\nother states party hereto.\n 2. The chairman of the board of parole shall have power and shall be\ncharged with the duty of promulgating such rules and regulations as may\nbe deemed necessary to carry out the terms of a compact entered into by\nthe state pursuant to this section.\n 3. If any section, sentence, subdivision or clause of this section is\nfor any reason held invalid or to be unconstitutional, such decision\nshall not affect the validity of the remaining portions of this section.\n 4. This section may be cited as the uniform act for out-of-state\nparolee supervision.\n