                                 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.