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D.C. Code § 24-1001

Interstate Corrections Compact

May 10, 1989, D.C

The Mayor is authorized to enter into and execute on behalf of the District of Columbia a compact with any state or states legally joining in the compact in the form substantially as follows:

INTERSTATE CORRECTIONS COMPACT

The contracting states solemnly agree that:

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 facilities and programs on a basis of cooperation with one another and with the federal government, thereby serving the best interest of offenders and 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 programs of cooperation for the confinement, treatment, and rehabilitation of offenders with the most economical use of human and material resources.

II As used in this compact, unless the context clearly requires otherwise:

III Each party state may make 1 or more contracts with any 1 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:

IV Whenever the appropriate officials 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, the appropriate officials may direct that the confinement be within an institution within the territory of the other party state, the receiving state to act in that regard solely as agent for the sending state.

V 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 the receiving state any criminal charge or if the inmate is formally accused of having committed within the receiving 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 the offense. The appropriate officials of the sending state shall be permitted to transport inmates pursuant to this compact through all states party to this compact without interference.

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 compact pursuant to this act, and any inmate in a receiving state pursuant to this compact may participate in any federally-aided program or activity for which the sending and receiving states have made contractual provision, provided that if the 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 for participation in the federally-aided program.

VII This compact shall become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall become effective and binding as to any other of the states upon similar action by the state.

VIII This compact shall continue in effect and remain binding upon a party state until the party state enacts a statute repealing the compact 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 1 year after the notice provided in the statute has been sent. The withdrawal shall not relieve the withdrawing state from its obligations assumed under the compact 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, all inmates of the withdrawing state confined pursuant to the provisions of this compact.

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.

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 of the compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the compact to any government, agency, person, or circumstance shall not be affected by the compact. If this compact shall be held contrary to the constitution of any state participating in the compact, 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.

Official source: D.C. Law Library (Council of the District of Columbia). Reproduced from public-domain District of Columbia statutes; confirm against the official source for the current text. Not legal advice.