N.Y. Correction Law § 104: Procedures and rights

§ 104. 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 section one hundred three of this article, shall

decide that confinement in, or transfer of an incarcerated individual

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 incarcerated individuals for the purpose

of inspecting the facilities thereof and visiting such of its

incarcerated individuals as may be confined in the institution.

(c) Incarcerated individuals 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 incarcerated

individuals, for release on probation or parole, for discharge, or for

any other purpose permitted by the laws of the sending state; provide

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 contained in section one hundred three of this article.

(d) Each receiving state shall provide regular reports to each sending

state on the incarcerated individuals of that sending state in

institutions pursuant to this compact including a conduct record of each

incarcerated individual and certify said record to the official

designated by the sending state, in order that each incarcerated

individual may have official review of his or her record in determining

and altering the disposition of said incarcerated individual 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 incarcerated individuals 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 incarcerated individuals of the receiving state as may be

confined in the same institution. The fact of confinement in a receiving

state shall not deprive any incarcerated individual so confined of any

legal rights which said incarcerated individual would have had if

confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an incarcerated individual

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 incarcerated individual confined pursuant to this compact

shall be released within the territory of the sending state unless the

incarcerated individual, 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 incarcerated individual 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 or her status changed on account of any

action or proceeding in which he or she 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 incarcerated individual shall not be

deprived of or restricted in his or her exercise of any power in respect

to any incarcerated individual confined pursuant to the terms of this

compact.