SB 292: "An Act relating to transfers of prisoners under the Interstate Corrections Compact."

00SENATE BILL NO. 292 01 "An Act relating to transfers of prisoners under the Interstate Corrections 02 Compact." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 33.36.010 is amended to read: 05  Sec. 33.36.010. COMPACT ENACTED. The Interstate Corrections Compact 06 as contained in this section is enacted into law and entered into on behalf of the State 07 of Alaska with any other states legally joining in it in a form substantially as follows. 08 It is the policy of the State of Alaska not to transfer a resident inmate outside of the 09 state under this compact unless the commissioner of corrections determines under 10 AS 33.30.061(b) that rehabilitation or treatment of the inmate will not be 11 substantially impaired [IF THAT INMATE'S CONTINUED CONFINEMENT IN 12 ALASKA WILL BETTER FACILITATE REHABILITATION OR TREATMENT]: 13 INTERSTATE CORRECTIONS COMPACT 14 ARTICLE I

01 PURPOSE AND POLICY 02  The party states, desiring by common action to fully utilize and improve their 03 institutional facilities and provide adequate programs for the confinement, treatment 04 and rehabilitation of various types of offenders, declare that it is the policy of each of 05 the party states to provide those facilities and programs on a basis of cooperation with 06 one another, thereby serving the best interests of the offenders and of society and 07 effecting economies in capital expenditures and operational costs. The purpose of this 08 compact is to provide for the mutual development and execution of programs of 09 cooperation for the confinement, treatment and rehabilitation of offenders with the 10 most economical use of human and material resources. 11 ARTICLE II 12 DEFINITIONS 13  As used in this compact, unless the context clearly requires otherwise: 14  (a) "state" means a state of the United States, the United States of America, 15 a territory or possession of the United States, the District of Columbia, the 16 Commonwealth of Puerto Rico; 17  (b) "sending state" means a state party to this compact in which conviction or 18 court commitment was had; 19  (c) "receiving state" means a state party to this compact to which an inmate 20 is sent for confinement other than a state in which conviction or court commitment 21 was had; 22  (d) "inmate" means a male or female offender who is committed, under 23 sentence to, or confined in a penal or correctional institution; 24  (e) "institution" means any penal or correctional facility, including but not 25 limited to a facility for the mentally ill or mentally defective, in which inmates, as 26 defined in (d) of this article, may lawfully be confined. 27 ARTICLE III 28 CONTRACTS 29  (a) Each party state may make one or more contracts with any one or more of 30 the other party states for the confinement of inmates on behalf of a sending state in 31 institutions situated within receiving states. Such a contract shall provide for:

01  (1) its duration; 02  (2) payments to be made to the receiving state by the sending state for 03 inmate maintenance, extraordinary medical and dental expenses, and the participation 04 in or receipt by inmates of rehabilitative or correctional services, facilities, programs 05 or treatment not reasonably included as part of normal maintenance; 06  (3) participation in programs of inmate employment, if any; the 07 disposition or crediting of any payments received by inmates on account of their 08 employment; and the crediting of proceeds from or disposal of any products resulting 09 from their employment; 10  (4) delivery and retaking of inmates; 11  (5) other matters as may be necessary and appropriate to fix the 12 obligations, responsibilities and rights of the sending and receiving states. 13  (b) The terms and provisions of this compact shall be a part of a contract 14 entered into under this compact, and nothing in such a contract may be inconsistent 15 with this compact. 16 ARTICLE IV 17 PROCEDURES AND RIGHTS 18  (a) Whenever the duly constituted authorities in a state party to this compact, 19 which state has entered into a contract under Article III, decide that confinement in, 20 or transfer of an inmate to, an institution within the territory of another party state is 21 necessary or desirable in order to provide adequate quarters and care or an appropriate 22 program of rehabilitation or treatment, those authorities may direct that the 23 confinement be in an institution within the territory of the other party state, the 24 receiving state to act in that regard solely as agent for the sending state. 25  (b) The appropriate officials of a state party to this compact shall have access, 26 at all reasonable times, to an institution in which it has a contractual right to confine 27 inmates, for the purpose of inspecting the facilities of the institution and visiting those 28 of its inmates who may be confined in the institution. 29  (c) Inmates confined in an institution under this compact are at all times 30 subject to the jurisdiction of the sending state and may at any time be removed from 31 the institution for transfer to a prison or other institution in the sending state, for

01 transfer to another institution in which the sending state may have a contractual or 02 other right to confine inmates, for release on probation or parole, for discharge, or for 03 any other purpose permitted by the laws of the sending state; however, the sending 04 state continues to be obligated to make any payments that may be required under a 05 contract entered into the terms of Article III of this compact. 06  (d) A receiving state shall provide regular reports to a sending state on the 07 inmates of that sending state in institutions under this compact, including a conduct 08 record of each inmate, and certify that record to the official designated by the sending 09 state, in order that each inmate may have official review of the inmate's record in 10 determining and altering the disposition of that inmate in accordance with the law in 11 the sending state and in order that the record may be a source of information for the 12 sending state. 13  (e) All inmates who may be confined in an institution under the provisions of 14 this compact shall be treated in a reasonable and humane manner and shall be treated 15 equally with similar inmates of the receiving state as may be confined in the same 16 institution. 17  (f) Any hearing to which an inmate, confined under this compact, may be 18 entitled by the laws of the sending state may be had before the appropriate authorities 19 of the sending state or of the receiving state if authorized by the sending state. The 20 receiving state shall provide adequate facilities for those hearings which may be 21 conducted by the appropriate officials of a sending state. If a hearing is had before 22 officials of the receiving state, the governing law shall be that of the sending state and 23 a record of the hearing as prescribed by the sending state shall be made. That record 24 together with any recommendations of the hearing officials shall be transmitted 25 immediately to the officials before whom the hearing would have been had if it had 26 taken place in the sending state. In a proceeding had under the provisions of this 27 subsection, the officials of the receiving state shall act solely as agents of the sending 28 state and no final determination may be made in any matter except by the appropriate 29 officials of the sending state. 30  (g) An inmate confined under this compact shall be released within the 31 territory of the sending state unless the inmate, and the sending and receiving states,

01 agree upon release in some other place. The sending state shall bear the cost of the 02 return of an inmate to its territory. 03  (h) An inmate confined under the terms of this compact has all rights to 04 participate in and derive any benefits or incur or be relieved of any obligations or have 05 those obligations modified or the inmate's status changed on account of an action or 06 proceeding in which the inmate could have participated if confined in an appropriate 07 institution of the sending state located in that state. 08  (i) The parent, guardian, trustee, or other person or persons entitled under the 09 laws of the sending state to act for or otherwise function with respect to an inmate 10 may not be deprived of or restricted in the exercise of any power in respect to an 11 inmate confined under the terms of this compact. 12 ARTICLE V 13 ACTS NOT REVIEWABLE IN RECEIVING STATE: EXTRADITION 14  (a) A decision of the sending state in respect to a matter over which it retains 15 jurisdiction under this compact is conclusive upon and not reviewable in the receiving 16 state, but if at the time the sending state seeks to remove an inmate from an institution 17 in the receiving state there is pending against the inmate in that state any criminal 18 charge or if the inmate is formally accused of having committed in that state a 19 criminal offense, the inmate may not be returned without the consent of the receiving 20 state until discharged from prosecution or other form of proceeding, imprisonment or 21 detention for the offense. The duly accredited officers of the sending state shall be 22 permitted to transport inmates under this compact through any state party to this 23 compact without interference. 24  (b) An inmate who escapes from an institution in which the inmate is confined 25 under this compact is considered a fugitive from the sending state and from the state 26 in which the institution is situated. In the case of an escape to a jurisdiction other than 27 the sending or receiving state, the responsibility for institution of extradition or 28 rendition proceedings is that of the sending state, but nothing contained in this compact 29 may be construed to prevent or affect the activities of officers and agencies of any 30 jurisdiction directed toward the apprehension and return of an escapee. 31 ARTICLE VI

01 FEDERAL AID 02  A state party to this compact may accept federal aid for use in connection with 03 any institution or program, the use of which is or may be affected by this compact or 04 a contract under it and an inmate in a receiving state under this compact may 05 participate in a federally aided program or activity for which the sending and receiving 06 states have made contractual provision; however, if the program or activity is not part 07 of the customary correctional regimen, the express consent of the appropriate official 08 of the sending state shall be required. 09 ARTICLE VII 10 BECOMING EFFECTIVE 11  When this compact has been enacted into law by any two states, it becomes 12 effective and binding upon them. Thereafter, this compact becomes effective and 13 binding as to any other state upon similar action by that state. 14 ARTICLE VIII 15 WITHDRAWAL AND TERMINATION 16  This compact continues in force and remains binding upon a party state until 17 the state enacts a statute repealing the compact and providing for sending formal 18 written notice of withdrawal from the compact to the appropriate officials of all other 19 party states. An actual withdrawal does not take effect until one year after the notices 20 provided in the statute have been sent. A withdrawal does not relieve the withdrawing 21 state from its obligations assumed under this compact before the effective date of 22 withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove 23 to its territory, at its own expense, those inmates it may have confined under the 24 provisions of this compact. 25 ARTICLE IX 26 OTHER ARRANGEMENTS UNAFFECTED 27  Nothing contained in this compact may be construed to abrogate or impair any 28 agreement or other arrangement which a party state may have with a nonparty state for 29 the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of 30 a party state authorizing the making of cooperative institutional arrangements. 31 ARTICLE X

01 CONSTRUCTION AND SEVERABILITY 02  The provisions of this compact shall be liberally construed and are severable. 03 If any phrase, clause, sentence or provision of this compact is declared to be contrary 04 to the constitution of a participating state or of the United States, or the applicability 05 of it to a government, agency, person or circumstance is held invalid, the validity of 06 the remainder of this compact and the applicability of it to a government, agency, 07 person or circumstance is not affected by that holding. If this compact is held contrary 08 to the constitution of a state participating in it, the compact shall remain in full force 09 and effect as to the remaining states and in full force and effect as to the state affected 10 as to all severable matters.