- Alaska Statutes.
- Title 33. Probation, Prisons, and Prisoners
- Chapter 36. Interstate Corrections Compacts
- Section 60. Compact Enacted.
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. Commitment or Transfer of Inmates Under Compact.
AS 33.36.060. Compact Enacted.
The Western Interstate Corrections Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any and all other states legally joining in it in a form substantially as follows:
WESTERN INTERSTATE CORRECTIONS COMPACT
Purpose and Policy
The party states, desiring by common action to improve their institution 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 interests 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.
As used in this compact, unless the context clearly requires otherwise:
- (a) "state" means a state of the United States, or, subject to the limitation contained in Article VII, Guam;
- (b) "sending state" means a state party to this compact in which conviction 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 was had;
- (d) "inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional
- (e) "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.
- (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 resulting therefrom;
- (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 states.
- (b) Prior to the construction or completion of construction of any institution of 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 moneys 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.
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 the inmate's 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 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 the inmate's status
changed on account of any action or proceeding in which the inmate 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 the exercise of any
power in respect of any inmate confined pursuant to the terms of this compact.
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 the inmate 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.
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.
Entry into Force
This compact shall enter into force and become effective and binding upon the state so acting when it has been enacted into law by
any two 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 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.
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
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.
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
Construction and Severability
The provisions of this compact and act 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.
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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