Public-domain · open source
OpenJurist

N.Y. Correct. Law § 104

Procedures and rights

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2022
As of January 1, 2015
§ 104. Procedures and rights. (a) Whenever the duly constituted\nauthorities in a state party to this compact, and which has entered into\na contract pursuant to section one hundred three of this article, shall\ndecide that confinement in, or transfer of an inmate to, an institution\nwithin the territory of another party state is necessary or desirable in\norder to provide adequate quarters and care or an appropriate program of\nrehabilitation or treatment, said officials may direct that the\nconfinement be within an institution within the territory of said other\nparty state, the receiving state to act in that regard solely as agent\nfor the sending state.\n (b) The appropriate officials of any state party to this compact shall\nhave access, at all reasonable times, to any institution in which it has\na contractual right to confine inmates for the purpose of inspecting the\nfacilities thereof and visiting such of its inmates as may be confined\nin the institution.\n (c) Inmates confined in an institution pursuant to the terms of this\ncompact shall at all times be subject to the jurisdiction of the sending\nstate and may at any time be removed therefrom for transfer to a prison\nor other institution within the sending state, for transfer to another\ninstitution in which the sending state may have a contractual or other\nright to confine inmates, for release on probation or parole, for\ndischarge, or for any other purpose permitted by the laws of the sending\nstate; provide that the sending state shall continue to be obligated to\nsuch payments as may be required pursuant to the terms of any contract\nentered into under the terms contained in section one hundred three of\nthis article.\n (d) Each receiving state shall provide regular reports to each sending\nstate on the inmates of that sending state in institutions pursuant to\nthis compact including a conduct record of each inmate and certify said\nrecord to the official designated by the sending state, in order that\neach inmate may have official review of his or her record in determining\nand altering the disposition of said inmate in accordance with the law\nwhich may obtain in the sending state and in order that the same may be\na source of information for the sending state.\n (e) All inmates who may be confined in an institution pursuant to the\nprovisions of this compact shall be treated in a reasonable and humane\nmanner and shall be treated equally with such similar inmates of the\nreceiving state as may be confined in the same institution. The fact of\nconfinement in a receiving state shall not deprive any inmate so\nconfined of any legal rights which said inmate would have had if\nconfined in an appropriate institution of the sending state.\n (f) Any hearing or hearings to which an inmate confined pursuant to\nthis compact may be entitled by the laws of the sending state may be had\nbefore the appropriate authorities of the sending state, or of the\nreceiving state if authorized by the sending state. The receiving state\nshall provide adequate facilities for such hearings as may be conducted\nby the appropriate officials of a sending state. In the event such\nhearing or hearings are had before officials of the receiving state, the\ngoverning law shall be that of the sending state and a record of the\nhearing or hearings as prescribed by the sending state shall be made.\nSaid record together with any recommendations of the hearing officials\nshall be transmitted forthwith to the official or officials before whom\nthe hearing would have been had if it had taken place in the sending\nstate. In any and all proceedings had pursuant to the provisions of this\nsubdivision, the officials of the receiving state shall act solely as\nagents of the sending state and no final determination shall be made in\nany matter except by the appropriate officials of the sending state.\n (g) Any inmate confined pursuant to this compact shall be released\nwithin the territory of the sending state unless the inmate, and the\nsending and receiving states, shall agree upon release in some other\nplace. The sending state shall bear the cost of such return to its\nterritory.\n (h) Any inmate confined pursuant to the terms of this compact shall\nhave any and all rights to participate in and derive any benefits or\nincur or be relieved of any obligations or have such obligations\nmodified or his status changed on account of any action or proceeding in\nwhich he could have participated if confined in any appropriate\ninstitution of the sending state located within such state.\n (i) The parent, guardian, trustee, or other person or persons entitled\nunder the laws of the sending state to act for, advise, or otherwise\nfunction with respect to any inmate shall not be deprived of or\nrestricted in his exercise of any power in respect to any inmate\nconfined pursuant to the terms of this compact.\n
§ 104. Procedures and rights. (a) Whenever the duly constituted\nauthorities in a state party to this compact, and which has entered into\na contract pursuant to section one hundred three of this article, shall\ndecide that confinement in, or transfer of an incarcerated individual\nto, an institution within the territory of another party state is\nnecessary or desirable in order to provide adequate quarters and care or\nan appropriate program of rehabilitation or treatment, said officials\nmay direct that the confinement be within an institution within the\nterritory of said other party state, the receiving state to act in that\nregard solely as agent for the sending state.\n (b) The appropriate officials of any state party to this compact shall\nhave access, at all reasonable times, to any institution in which it has\na contractual right to confine incarcerated individuals for the purpose\nof inspecting the facilities thereof and visiting such of its\nincarcerated individuals as may be confined in the institution.\n (c) Incarcerated individuals confined in an institution pursuant to\nthe terms of this compact shall at all times be subject to the\njurisdiction of the sending state and may at any time be removed\ntherefrom for transfer to a prison or other institution within the\nsending state, for transfer to another institution in which the sending\nstate may have a contractual or other right to confine incarcerated\nindividuals, for release on probation or parole, for discharge, or for\nany other purpose permitted by the laws of the sending state; provide\nthat the sending state shall continue to be obligated to such payments\nas may be required pursuant to the terms of any contract entered into\nunder the terms contained in section one hundred three of this article.\n (d) Each receiving state shall provide regular reports to each sending\nstate on the incarcerated individuals of that sending state in\ninstitutions pursuant to this compact including a conduct record of each\nincarcerated individual and certify said record to the official\ndesignated by the sending state, in order that each incarcerated\nindividual may have official review of his or her record in determining\nand altering the disposition of said incarcerated individual in\naccordance with the law which may obtain in the sending state and in\norder that the same may be a source of information for the sending\nstate.\n (e) All incarcerated individuals who may be confined in an institution\npursuant to the provisions of this compact shall be treated in a\nreasonable and humane manner and shall be treated equally with such\nsimilar incarcerated individuals of the receiving state as may be\nconfined in the same institution. The fact of confinement in a receiving\nstate shall not deprive any incarcerated individual so confined of any\nlegal rights which said incarcerated individual would have had if\nconfined in an appropriate institution of the sending state.\n (f) Any hearing or hearings to which an incarcerated individual\nconfined pursuant to this compact may be entitled by the laws of the\nsending state may be had before the appropriate authorities of the\nsending state, or of the receiving state if authorized by the sending\nstate. The receiving state shall provide adequate facilities for such\nhearings as may be conducted by the appropriate officials of a sending\nstate. In the event such hearing or hearings are had before officials of\nthe receiving state, the governing law shall be that of the sending\nstate and a record of the hearing or hearings as prescribed by the\nsending state shall be made. Said record together with any\nrecommendations of the hearing officials shall be transmitted forthwith\nto the official or officials before whom the hearing would have been had\nif it had taken place in the sending state. In any and all proceedings\nhad pursuant to the provisions of this subdivision, the officials of the\nreceiving state shall act solely as agents of the sending state and no\nfinal determination shall be made in any matter except by the\nappropriate officials of the sending state.\n (g) Any incarcerated individual confined pursuant to this compact\nshall be released within the territory of the sending state unless the\nincarcerated individual, and the sending and receiving states, shall\nagree upon release in some other place. The sending state shall bear the\ncost of such return to its territory.\n (h) Any incarcerated individual confined pursuant to the terms of this\ncompact shall have any and all rights to participate in and derive any\nbenefits or incur or be relieved of any obligations or have such\nobligations modified or his or her status changed on account of any\naction or proceeding in which he or she could have participated if\nconfined in any appropriate institution of the sending state located\nwithin such state.\n (i) The parent, guardian, trustee, or other person or persons entitled\nunder the laws of the sending state to act for, advise, or otherwise\nfunction with respect to any incarcerated individual shall not be\ndeprived of or restricted in his or her exercise of any power in respect\nto any incarcerated individual confined pursuant to the terms of this\ncompact.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.