USA Statutes : nevada
Title : Title 16 - CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME
Chapter : CHAPTER 215A - INTERSTATE CORRECTIONS COMPACT
The Interstate Corrections
Compact, set forth in full in NRS 215A.020 , is hereby enacted into law.
(Added to NRS by 1975, 992)
The Interstate Corrections Compact
is as follows:
ARTICLE I—Purpose and Policy
The party states, desiring by common action to fully utilize and
improve their institutional facilities and provide adequate programs 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 interests of such offenders and of
society and effecting economies in capital expenditures and operational
costs. The purpose of this compact is to provide for the mutual
development and execution of such programs of cooperation for the
confinement, treatment and rehabilitation of offenders with the most
economical use of human and material resources.
As used in this compact, unless the context clearly requires
(a) “State” means a state of the United States, the United States
of America, a Territory or possession of the United States, the District
of Columbia, the Commonwealth of Puerto Rico.
(b) “Sending state” means a state party to this compact in which
conviction or court commitment was had.
(c) “Receiving state” means a state party to this compact to which
an inmate is sent for confinement other than a state in which conviction
or court commitment was had.
(d) “Inmate” means a male or female offender who is committed,
under sentence to or confined in a penal or correctional institution.
(e) “Institution” means any penal or correctional facility,
including but not limited to a facility for the mentally ill or mentally
defective, in which inmates may lawfully be confined.
(a) Each party state may make one or more contracts with any one 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:
1. Its duration.
2. 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.
3. 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
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix
the obligations, responsibilities and rights of the sending and receiving
(b) The terms and provisions of this compact are 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 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 or
desirable in order to provide adequate quarters and care or 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 official review 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 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.
(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
(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.
(i) 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 formally accused 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 or
rendition 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
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 states. Thereafter, this compact shall enter into force and
become effective and binding as to any other of said states upon similar
action by such state.
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 1 year 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
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 the 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.
(Added to NRS by 1975, 992)
Any court of this State having power
to commit or transfer an inmate, as defined in Article II(d) of the
Interstate Corrections Compact, to any institution for confinement may
commit or transfer such inmate to any institution within or without this
State if this State has entered into a contract or contracts for the
confinement of inmates in such institution pursuant to Article III of the
Interstate Corrections Compact.
(Added to NRS by 1975, 996)
The courts, departments,
agencies and officers of this state and its subdivisions shall enforce
this Compact and shall do all things appropriate to the effectuation of
its purposes and intent which may be within their respective
jurisdictions, including, but not limited to, the making and submission
of such reports as are required by the Compact.
(Added to NRS by 1975, 996)
Any state officers who may be charged with
holding any hearings contemplated by this Compact are hereby authorized
and directed to hold such hearings as may be requested by any other party
state pursuant to Article IV(f) of the Interstate Corrections Compact.
(Added to NRS by 1975, 996)
Any state officer who may be charged with the disposition or care of an
inmate, as defined in Article II(d) of the Interstate Corrections
Compact, is hereby empowered to enter into such contracts on behalf of
this State as may be appropriate to implement the participation of this
State in the Interstate Corrections Compact pursuant to Article III
thereof. No such contract shall be of any force or effect until approved
by the State Board of Examiners.
(Added to NRS by 1975, 996)