(730 ILCS 5/3-4-4)
(from Ch. 38, par. 1003-4-4)
Interstate Corrections Compact.
(a) The State of Illinois ratifies and approves the following
INTERSTATE CORRECTIONS COMPACT
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.
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.
(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
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.
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, such official
may direct that the
confinement be within an institution within the territory of such 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 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. However, 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 who are in institutions
pursuant to this compact including a conduct record of each inmate and shall
certify such 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 the 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 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
the 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 hearing 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. The 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 paragraph (f), 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 this compact shall have any rights
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.
ACT 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
with 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 officer of the sending state shall be
permitted to transport inmates pursuant to this compact through any and all
state 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 escaped from 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.
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 thereto. 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. However, 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
ENTRY INTO FORCE
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 2
states. Thereafter, this compact shall enter into force and become
effective and binding as to any other of such states upon similar action
by such state.
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 compact 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 the 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
withdrawal state shall remove to its territory, at its own expense, such
inmates as it may have confined pursuant to the provisions of this compact.
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or
impair an agreement or other arrangement which a party state may have with
a non-party 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.
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.
(b) Powers. The Department of Corrections is authorized and directed to
do all things necessary or incidental to the carrying out of the compact
in every particular.
(Source: P.A. 77-2097.)