RCW 72.70.010
Compact enacted -- Provisions.The Western
Interstate Corrections Compact as contained herein is hereby
enacted into law and entered into on behalf of this state with
any and all other states legally joining therein in a form
substantially as follows:
WESTERN INTERSTATE CORRECTIONS
COMPACT
ARTICLE I -- Purpose and Policy
The party states, desiring by common action to improve their
institutional facilities and provide programs of sufficiently
high quality 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. The purpose of this
compact is to provide for the development and execution of such
programs of cooperation for the confinement, treatment and
rehabilitation of offenders.
ARTICLE II -- Definitions
As used in this compact, unless the context clearly requires
otherwise:
(a) "State" means a state of the United States, or, subject
to the limitation contained in Article VII, Guam.
(b) "Sending state" means a state party to this compact in
which conviction 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 was had.
(d) "Inmate" means a male or female offender who is under
sentence to or confined in a prison or other correctional
institution.
(e) "Institution" means any prison, reformatory or other
correctional facility except facilities for the mentally ill or mentally handicapped in which inmates 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) Prior to the construction or completion of construction
of any institution or addition thereto by a party state, any
other party state or states may contract therewith for the
enlargement of the planned capacity of the institution or
addition thereto, or for the inclusion therein of particular
equipment or structures, and for the reservation of a specific
percentum of the capacity of the institution to be kept available
for use by inmates of the sending state or states so contracting.
Any sending state so contracting may, to the extent that monies
are legally available therefor, pay to the receiving state, a
reasonable sum as consideration for such enlargement of capacity,
or provision of equipment or structures, and reservation of
capacity. Such payment may be in a lump sum or in installments
as provided in the contract.
(c) 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 judicial or administrative
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 in order
to provide adequate quarters and care or desirable in order to
provide 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 the
benefit 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 cared for and 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. Costs of records made pursuant to this
subdivision shall be borne by 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 suspected 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 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 an institution or program, the use of
which is or may be affected by this compact or any contract
pursuant thereto 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 states so acting when it has been enacted into
law by any two contiguous states from among the states of Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska,
Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For
the purposes of this article, Alaska and Hawaii shall be deemed
contiguous to each other; to any and all of the states of
California, Oregon and Washington; and to Guam. Thereafter, this
compact shall enter into force and become effective and binding
as to any other of said states, or any other state contiguous to
at least one party state upon similar action by such state. Guam
may become party to this compact by taking action similar to that
provided for joinder by any other eligible party state and upon
the consent of Congress to such joinder. For the purposes of
this article, Guam shall be deemed contiguous to Alaska, Hawaii,
California, Oregon and Washington.
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 two years 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 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.
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.[1977 ex.s. c 80 § 69; 1959 c 287 § 1.]
NOTES:
Purpose -- Intent -- Severability -- 1977 ex.s. c 80: See notes
following RCW 4.16.190.