                                 CODE OF VIRGINIA

INTERSTATE CORRECTIONS COMPACT; GOVERNOR TO EXECUTE (§ 53.1-216)

The Governor is authorized and requested to execute, on behalf of the
Commonwealth, with any other state or states legally joining therein a compact
which shall be in form substantially as follows:
		The contracting states solemnly agree that:
		ARTICLE I.
		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, and with the Federal Government,
thereby serving the best interest 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.
		ARTICLE II.
		As used in this compact, unless the context clearly requires otherwise:
		a. &#8220;State&#8221; 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. &#8220;Sending state&#8221; means a state party to this compact in which
conviction or court commitment was had.
		c. &#8220;Receiving state&#8221; 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. &#8220;Inmate&#8221; means a male or female offender who is committed,
under sentence to or confined in a penal or correctional institution.
		e. &#8220;Institution&#8221; means any penal or correctional facility,
including but not limited to a facility for individuals with mental illness or
intellectual disability, in which inmates as defined in d above may lawfully be
confined.
		ARTICLE III.
		a. Each party state may make one or more contracts with any one or more of the
other party states, or with the Federal Government, 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 or to the Federal Government, 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. 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.
			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 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.
			i. The parents, 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.
			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 discharge 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.
			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.
			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.
			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 official of all other party states. An actual withdrawal shall not
take effect until one year after the notice provided in said statute has been
sent. Such withdrawal shall not relieve the withdrawing state from its
obligations assumed hereunder prior to the effective date of withdrawal. Before
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.
			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
			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.

HISTORY: Code 1950, § 53-304.9; 1977, c. 339; 1982, c. 636; 2012, cc. 476, 507.