§ 7-3-401 — Western Interstate Corrections Compact

The Western Interstate Corrections Compact as contained herein
is hereby enacted into law and entered into on behalf of this
state with any and all other states legally joining therein in a
form substantially as follows:
WESTERN INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to improve
their institutional facilities and provide programs of
sufficiently high quality for the confinement, treatment and
rehabilitation of various types of offenders, declare that it is
the policy of each of the party states to provide such
facilities and programs on a basis of cooperation with one
another, thereby serving the best interest of such offenders and
of society. The purpose of this compact is to provide for the
development and execution of such programs of cooperation for
the confinement, treatment and rehabilitation of offenders.
ARTICLE II
Definitions
(a) As used in this compact, unless the context clearly
requires otherwise:
(i) "State" means a state of the United States or,
subject to the limitation contained in article VII, Guam;
(ii) "Sending state" means a state party to this
compact in which conviction was had;
(iii) "Receiving state" means a state party to this
compact to which an inmate is sent for confinement other than a
state in which conviction was had;
(iv) "Inmate" means a male or female offender who is
under sentence to or confined in a prison or other correctional
institution;
(v) "Institution" means any prison, reformatory or
other correctional facility (including but not limited to a
facility for the mentally ill or mentally defective) in which
inmates may lawfully be confined;
(vi) "This compact" means W.S. 7-3-401.
ARTICLE III
Contracts
(a) Each party state may make one (1) or more contracts
with any one (1) or more of the other party states for the
confinement of inmates on behalf of a sending state in
institutions situated within receiving states. Any such contract
shall provide for:
(i) Its duration;
(ii) Payments to be made to the receiving state by
the sending state for inmate maintenance, extraordinary medical
and dental expenses, and any participation in or receipt by
inmates of rehabilitative or correctional services, facilities,
programs or treatment not reasonably included as part of normal
maintenance;
(iii) Participation in programs of inmate employment,
if any; the disposition or crediting of any payments received by
inmates on account thereof, and the crediting of proceeds from
or disposal of any products resulting therefrom;
(iv) Delivery and retaking of inmates;
(v) Such other matters as may be necessary and
appropriate to fix the obligations, responsibilities and rights
of the sending and receiving states.
(b) Prior to the construction or completion of
construction of any institution or addition thereto by a party
state, any other party state or states may contract therewith
for the enlargement of the planned capacity of the institution
or addition thereto, or for the inclusion therein of particular
equipment or structures, and for the reservation of a specific
percentum of the capacity of the institution to be kept
available for use by inmates of the sending state or states so
contracting. Any sending state so contracting may, to the extent
that monies are legally available therefor, pay to the receiving
state, a reasonable sum as consideration for such enlargement of
capacity, or provision of equipment or structures, and
reservation of capacity. Such payment may be in a lump sum or in
installments as provided in the contract.
(c) The terms and provisions of this compact shall be a
part of any contract entered into by the authority of or
pursuant thereto, and nothing in any such contract shall be
inconsistent therewith.
ARTICLE IV
Procedures and Rights
(a) Whenever the duly constituted judicial or
administrative authorities in a state party to this compact, and
which has entered into a contract pursuant to article III, shall
decide that confinement in, or transfer of an inmate to, an
institution within the territory of another party state is
necessary in order to provide adequate quarters and care or
desirable in order to provide an appropriate program of
rehabilitation or treatment, said officials may direct that the
confinement be within an institution within the territory of
said other party state, the receiving state to act in that
regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this
compact shall have access, at all reasonable times, to any
institution in which it has a contractual right to confine
inmates for the purpose of inspecting the facilities thereof and
visiting such of its inmates as may be confined in the
institution.
(c) Inmates confined in an institution pursuant to the
terms of this compact shall at all times be subject to the
jurisdiction of the sending state and may at any time be removed
therefrom for transfer to a prison or other institution within
the sending state, for transfer to another institution in which
the sending state may have a contractual or other right to
confine inmates, for release on probation or parole, for
discharge, or for any other purpose permitted by the laws of the
sending state; provided that the sending state shall continue to
be obligated to such payments as may be required pursuant to the
terms of any contract entered into under the terms of article
III.
(d) Each receiving state shall provide regular reports to
each sending state on the inmates of that sending state in
institutions pursuant to this compact including a conduct record
of each inmate and certify said record to the official
designated by the sending state, in order that each inmate may
have the benefit of his or her record in determining and
altering the disposition of said inmate in accordance with the
law which may obtain in the sending state and in order that the
same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution
pursuant to the provisions of this compact shall be treated in a
reasonable and humane manner and shall be cared for and treated
equally with such similar inmates of the receiving state as may
be confined in the same institution. The fact of confinement in
a receiving state shall not deprive any inmate so confined of
any legal rights which said inmate would have had if confined in
an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined
pursuant to this compact may be entitled by the laws of the
sending state may be had before the appropriate authorities of
the sending state, or of the receiving state if authorized by
the sending state. The receiving state shall provide adequate
facilities for such hearings as may be conducted by the
appropriate officials of a sending state. In the event such
hearing or hearings are had before officials of the receiving
state, the governing law shall be that of the sending state and
a record of the hearing or hearings as prescribed by the sending
state shall be made. Said record together with any
recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing
would have been had if it had taken place in the sending state.
In any and all proceedings had pursuant to the provisions of
this subdivision, the officials of the receiving state shall act
solely as agents of the sending state and no final determination
shall be made in any matter except by the appropriate officials
of the sending state. Costs of records made pursuant to this
subdivision shall be borne by the sending state.
(g) Any inmate confined pursuant to this compact shall be
released within the territory of the sending state unless the
inmate, and the sending and receiving states, shall agree upon
release in some other place. The sending state shall bear the
cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this
compact shall have any and all rights to participate in and
derive any benefits or incur or be relieved of any obligations
or have such obligations modified or his status changed on
account of any action or proceeding in which he could have
participated if confined in any appropriate institution of the
sending state located within such state.
(j) The parent, guardian, trustee, or other person or
persons entitled under the laws of the sending state to act for,
advise, or otherwise function with respect to any inmate shall
not be deprived of or restricted in his exercise of any power in
respect of any inmate confined pursuant to the terms of this
compact.
ARTICLE V
Acts Not Reviewable in Receiving State; Extradition
(a) Any decision of the sending state in respect of any
matter over which it retains jurisdiction pursuant to this
compact shall be conclusive upon and not reviewable within the
receiving state, but if at the time the sending state seeks to
remove an inmate from an institution in the receiving state
there is pending against the inmate within such state any
criminal charge or if the inmate is suspected of having
committed within such state a criminal offense, the inmate shall
not be returned without the consent of the receiving state until
discharged from prosecution or other form of proceeding,
imprisonment or detention for such offense. The duly accredited
officers of the sending state shall be permitted to transport
inmates pursuant to this compact through any and all states
party to this compact without interference.
(b) An inmate who escapes from an institution in which he
is confined pursuant to this compact shall be deemed a fugitive
from the sending state and from the state in which the
institution is situated. In the case of an escape to a
jurisdiction other than the sending or receiving state, the
responsibility for institution of extradition proceedings shall
be that of the sending state, but nothing contained herein shall
be construed to prevent or affect the activities of officers and
agencies of any jurisdiction directed toward the apprehension
and return of an escapee.
ARTICLE VI
Federal Aid
Any state party to this compact may accept federal aid for
use in connection with any institution or program, the use of
which is or may be affected by this compact or any contract
pursuant hereto and any inmate in a receiving state pursuant to
this compact may participate in any such federally aided program
or activity for which the sending and receiving states have made
contractual provision provided that if such program or activity
is not part of the customary correctional regimen the express
consent of the appropriate official of the sending state shall
be required therefor.
ARTICLE VII
Entry into Force
This compact shall enter into force and become effective
and binding upon the states so acting when it has been enacted
into law by any two (2) contiguous states from among the states
of Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington
and Wyoming. For the purposes of this article, Alaska and Hawaii
shall be deemed contiguous to each other; to any and all of the
states of California, Oregon and Washington; and to Guam.
Thereafter, this compact shall enter into force and become
effective and binding as to any other of said states, or any
other state contiguous to at least one (1) party state upon
similar action by such state. Guam may become party to this
compact by taking action similar to that provided for joinder by
any other eligible party state and upon the consent of congress
to such joinder. For the purposes of this article, Guam shall be
deemed contiguous to Alaska, Hawaii, California, Oregon and
Washington.
ARTICLE VIII
Withdrawal and Termination
This compact shall continue in force and remain binding
upon a party state until it shall have enacted a statute
repealing the same and providing for the sending of formal
written notice of withdrawal from the compact to the appropriate
officials of all other party states. An actual withdrawal shall
not take effect until two (2) years after the notices provided
in said statute have been sent. Such withdrawal shall not
relieve the withdrawing state from its obligations assumed
hereunder prior to the effective date of withdrawal. Before the
effective date of withdrawal, a withdrawing state shall remove
to its territory, at its own expense, such inmates as it may
have confined pursuant to the provisions of this compact.
ARTICLE IX
Other Arrangements Unaffected
Nothing contained in this compact shall be construed to
abrogate or impair any agreement or other arrangement which a
party state may have with a nonparty state for the confinement,
rehabilitation or treatment of inmates nor to repeal any other
laws of a party state authorizing the making of cooperative
institutional arrangements.
ARTICLE X
Construction and Severability
The provisions of this compact shall be liberally construed
and shall be severable. If any phrase, clause, sentence or
provision of this compact is declared to be contrary to the
constitution of any participating state or of the United States
or the applicability thereof to any government, agency, person
or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any
state participating therein, the compact shall remain in full
force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.