Effective - 28 Aug 1982
217.535. Compact adopted — text — contract must comply. — The contract authorized by section 217.525 shall conform to the Interstate Corrections Compact which is hereby enacted as follows:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
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, thereby serving the best interests 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
Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) "State" 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) "Sending state" means a state party to this compact in which conviction or court commitment 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 or court commitment was had.
(d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined.
ARTICLE III
Contracts
(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.
(a) 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
Procedures and Rights
(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 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 his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V
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 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 discharged from prosecution or other forms of proceedings, 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
Federal Aid
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
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 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 states.
ARTICLE VIII
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 one year 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.
ARTICLE IX
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 arrangements.
ARTICLE X
Construction and Severability
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.
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(L. 1982 H.B. 1196 § 113)
Structure Missouri Revised Statutes
Title XIII - Correctional and Penal Institutions
Chapter 217 - Department of Corrections
Section 217.010 - Definitions.
Section 217.020 - Department's powers and duties.
Section 217.021 - Community behavioral health program, purpose — department duties.
Section 217.022 - Prison impact statements, required, when.
Section 217.025 - Director of department, appointment, qualifications, bond, duties.
Section 217.030 - Directors of divisions, appointment — appointment of general personnel.
Section 217.040 - Rulemaking authority.
Section 217.043 - United States government, contract powers of department.
Section 217.045 - Federal funds, authority to receive — applications for funds, procedure.
Section 217.050 - Department to sue in name of director — interest authorized.
Section 217.070 - State auditor to have access to all records, confidentiality.
Section 217.080 - Department and division to maintain central office in Jefferson City.
Section 217.092 - Leased prison space, deposit of payments.
Section 217.095 - Condemnation powers, when, procedure.
Section 217.110 - Workers' compensation to cover all employees of the department.
Section 217.125 - Offenders, labor restrictions.
Section 217.128 - Employee held hostage eligible for paid leave of absence.
Section 217.130 - Living quarters furnished to employees, fees.
Section 217.135 - Food furnished in correctional center, employees to purchase, exception.
Section 217.141 - Electrified security fence systems authorized.
Section 217.165 - Chief administrative officers of each correctional center, appointment.
Section 217.170 - Chief administrative officers, duties.
Section 217.175 - Rules and regulations, division director's authority to promulgate.
Section 217.180 - Annual report of division, contents.
Section 217.185 - Reports by chief administrative officers, monthly, to division director, contents.
Section 217.197 - Offender personal property, allowed when — unauthorized property, disposition of.
Section 217.199 - Feminine hygiene products, available at no cost to female offenders.
Section 217.210 - Capacity of correctional centers, how determined — emergency assignment.
Section 217.220 - Death sentence commutation, admittance to correctional center.
Section 217.230 - Health care services for correctional centers.
Section 217.235 - Chaplain, appointment or arrangement for religious services.
Section 217.240 - Food and clothing of offenders — food deprivation not to be used as punishment.
Section 217.245 - Medical excuse from participation in required activities, procedure.
Section 217.265 - Visitors, regulation of — clergymen's privileges.
Section 217.270 - Parole board to have access to offenders and records, when.
Section 217.275 - Carrying letters or writings without authorization prohibited, penalty.
Section 217.305 - Delivery of prisoners to correctional centers with certain required information.
Section 217.310 - Examination of new prisoners — identification data recorded.
Section 217.315 - System of identification, department to establish.
Section 217.320 - Identification systems, officers not liable for acts done in enforcing law.
Section 217.325 - Identification system mandatory.
Section 217.330 - Department to conduct tests — assignment of offender.
Section 217.335 - Classification teams, established — appointment, qualifications, duties.
Section 217.337 - Schedule of activities, work, and program, adherence to, exemption.
Section 217.343 - Emancipation of certain juvenile offenders for certain purposes.
Section 217.350 - Transfer of offender, when.
Section 217.355 - Education programs established, what included, enrollment required, when.
Section 217.361 - Risk and need assessment tools — department procedures, duties.
Section 217.365 - Offenders not to carry money, exceptions, violations, treated as contraband.
Section 217.385 - Violence or injury to others or property by offender, penalty.
Section 217.390 - Escape, defined — penalty.
Section 217.395 - Escapee's apprehension — reward may be offered, limitations.
Section 217.400 - Furnishing unfit food to offenders, penalty.
Section 217.405 - Offender abuse, penalty — employees not to use physical force, exception.
Section 217.412 - Autopsy required, when — reports to be maintained by department.
Section 217.415 - Disqualification from holding position in correctional facility, when.
Section 217.435 - Work or educational release program.
Section 217.440 - Program of restorative justice, requirements.
Section 217.455 - Director of division of adult institutions to transmit information and request.
Section 217.460 - Trial to be held, when — failure, effect.
Section 217.465 - Escape by offender, effect of.
Section 217.470 - Transportation expenses, how paid.
Section 217.480 - Uniformity of construction.
Section 217.485 - Title of the law.
Section 217.490 - Agreement on detainers adopted — compact text.
Section 217.495 - Appropriate court defined.
Section 217.500 - Enforcement and cooperation required of whom.
Section 217.505 - Compact not to require application of habitual offender law.
Section 217.510 - Escape by offender, effect on.
Section 217.515 - Chief administrative officer to deliver offender, when.
Section 217.520 - Governor to designate administrator.
Section 217.525 - Director authorized to contract with United States for stated purposes.
Section 217.530 - Convicted offender not to be transferred to state where wanted for crime.
Section 217.535 - Compact adopted — text — contract must comply.
Section 217.540 - Powers and duties of director, delegation authorized.
Section 217.542 - Failure to return to house arrest, felony.
Section 217.560 - Enterprise program diversification and purpose.
Section 217.565 - Director to provide plants, machinery and materials — distribution of products.
Section 217.570 - Sales of prison industry goods and services, procedure — open market sales, when.
Section 217.590 - Violations of sections 217.575 and 217.580, penalty.
Section 217.650 - Definitions.
Section 217.655 - Parole board, general duties — division duties.
Section 217.682 - Secretary to be appointed, duties.
Section 217.703 - Earned compliance credits awarded, when.
Section 217.705 - Probation, parole, institutional parole, officers — appointment — duties.
Section 217.718 - Alternative to revocation proceedings, period of detention, requirements.
Section 217.725 - Board may parole prisoner held on warrant.
Section 217.750 - Probation services provided to circuit courts, when.
Section 217.755 - Probation services for courts, rules authorized.
Section 217.800 - Pardons by governor — conditions and restrictions — notice to central repository.
Section 217.805 - Governor may remit fine or forfeiture.
Section 217.810 - Interstate compact for supervision of parolees and probationers.
Section 217.825 - Citation of law.
Section 217.827 - Definitions.
Section 217.833 - Percent of offender's assets that may be used for reimbursement — limitation.
Section 217.839 - Attorney general's powers and duties — assistance by certain officials required.
Section 217.845 - CARES Act moneys received by offender for COVID-19 to be used for restitution.
Section 217.930 - Suspension of MO HealthNet medical assistance in lieu of termination, when.
Section 217.940 - Nursery program to be established, purpose — definitions.
Section 217.941 - Eligibility, placement, and program capacity.
Section 217.942 - Written agreement, contents — program policy required.
Section 217.943 - Termination of participation, when.
Section 217.945 - Correctional center nursery program fund created, use of moneys.
Section 217.946 - Regulation and oversight by other agencies subject to department consent.