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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

241.29 COMPACT.
The Interstate Corrections Compact is hereby enacted into law and entered into by this state
with any other states legally joining therein in the form substantially 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.
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
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
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
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 state.
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.
History: 1969 c 595 s 2

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