N.Y. Executive Law § 259-m: Compacts with other states for out-of-state parolee supervision

§ 259-m. Compacts with other states for out-of-state parolee

supervision. 1. The governor is hereby authorized and directed to enter

into a compact on behalf of the state of New York with any state of the

United States legally joining therein in the form substantially as

follows:

A COMPACT

Entered into by and among the contracting states, signatories hereto,

with the consent of the Congress of the United States of America,

granted by an act entitled "An act granting the consent of Congress to

any two or more states to enter into agreements or compacts for

cooperative effort and mutual assistance in the prevention of crime and

for other purposes."

The contracting states solemnly agree:

(1) That it shall be competent for the duly constituted judicial and

administrative authorities of a state party to this compact (herein

called "sending state") to permit any person convicted of an offense

within such state and placed on probation or released on parole to

reside in any other state party to this compact (herein called

"receiving state") while on probation or parole, if

(a) Such person is in fact a resident of or has his family residing

within the receiving state and can obtain employment there;

(b) Though not a resident of the receiving state and not having his

family residing there, the receiving state consents to such person being

sent there.

Before granting such permission, opportunity shall be granted to the

receiving state to investigate the home and prospective employment of

such person.

A resident of the receiving state, within the meaning of this section,

is one who has been an actual inhabitant of such state continuously for

more than one year prior to his coming to the sending state and has not

resided within the sending state more than six continuous months

immediately preceding the commission of the offense for which he has

been convicted.

(2) That each receiving state will assume the duties of visitation of

and supervision over probationers or parolees of any sending state and

in the exercise of those duties will be governed by the same standards

that prevail for its own probationers and parolees.

(3) That duly accredited officers of a sending state may at all times

enter a receiving state and there apprehend and retake any person on

probation or parole. For that purpose no formalities will be required

other than establishing the authority of the officer and the identity of

the person to be retaken. All legal requirements to obtain extradition

of fugitives from justice are hereby expressly waived on the part of

states party hereto, as to such persons. The decision of the sending

state to retake a person on probation or parole shall be conclusive upon

and not reviewable within the receiving state; provided, however, that

if at the time when a state seeks to retake a probationer or parolee

there should be pending against him within the receiving state any

criminal charge, or he should be suspected of having committed within

such state a criminal offense, he shall not be retaken without the

consent of the receiving state until discharged from prosecution or from

imprisonment for such offense.

(4) That the duly accredited officers of the sending state will be

permitted to transport prisoners being retaken through any and all

states parties to this compact, without interference.

(5) That the governor of each state may designate an officer who,

acting jointly with like officers of other contracting states, if and

when appointed, shall promulgate such rules and regulations as may be

deemed necessary to more effectively carry out the terms of this

compact.

(6) That this compact shall become operative immediately upon its

ratification by any state as between it and any other state or states so

ratifying. When ratified it shall have the full force and effect of law

within such state, the form of ratification to be in accordance with the

laws of the ratifying state.

(7) That this compact shall continue in force and remain binding upon

each ratifying state until renounced by it. The duties and obligations

hereunder of a renouncing state shall continue as to parolees or

probationers residing therein at the time of withdrawal until retaken or

finally discharged by the sending state. Renunciation of this compact

shall be by the same authority which ratified it, by sending six months'

notice in writing of its intention to withdraw from the compact to the

other states party hereto.

2. The chairman of the board of parole shall have power and shall be

charged with the duty of promulgating such rules and regulations as may

be deemed necessary to carry out the terms of a compact entered into by

the state pursuant to this section.

3. If any section, sentence, subdivision or clause of this section is

for any reason held invalid or to be unconstitutional, such decision

shall not affect the validity of the remaining portions of this section.

4. This section may be cited as the uniform act for out-of-state

parolee supervision.