Interstate Corrections Compact

NRS Chapter 215A – Overview of the Nevada Interstate Corrections Compact

Sometimes prisoners are transferred to interstate prisons to provide them with a program to better suit their needs or for other reasons. It’s essential to understand the pacts between Nevada and the other states and what might entail your transfer or the transfer of someone you care about.

Written Agreement for Prisoner Transfer

Pursuant to NRS 215A.020, the compact enables a state prisoner to be transferred to another state and this is usually effectuated through a written contract. These contracts will specify:

1. Duration of the contract;
2. Payment for expenses paid for the housing and care of the prisoner;
3. What programs the prisoner will participate in;
4. When the prisoner will arrive and be returned; and,
5. Other things the states may find appropriate to include.

Procedures and Rights

1. The sending or receiving of a prisoner are made for many reasons. Some things considered are a need for adequate care and quarters and the need for a rehabilitation program or other program the current jail or prison doesn’t offer.
2. Nevada or the state sending their prisoners to Nevada (both of which will be referred to in conjunction as the sending state from here on out) will have open access and ability to visit their inmates and inspect the facilities at any reasonable time.
3. The sending state still has complete jurisdiction over their prisoners and has the right to transfer them or release them as they see fit.
4. The state receiving the transferred prisoners (the receiving state) must regularly send complete reports to the sending state regarding their prisoners.
5. The transferred inmates must be treated humanely and equally to the inmates who are citizens of the receiving state.
6. If the prisoner’s hearing takes place in the receiving state, the sending state’s laws are the laws that the prisoner will be judged by. The laws of the receiving state do not apply in this hearing.
7. The prisoner will be released where he was arrested unless he and the sending and receiving states all agree otherwise. If he decides on another release point, he must pay the transportation fee.
8. If a prisoner would have had the following rights available him due to a proceeding or action he could have been a part of if in his home state, he has full rights to them even if they’re not available in the receiving state:
   • Receiving certain benefits;
   • Participation in benefits;
   • Incurring obligations;
   • Being relieved of certain obligations;
   • Modifications of obligations; or,
   • Status changes.
9. The prisoner’s parents, legal guardian, trustee, lawyer, or other person with legal rights from the sending state to advise, act for, or function in any other manner with respect to the prisoner according to the terms of the contract will have any access to the prisoner they would be granted in the sending state.

Acts Not Reviewable

The sending state is not required to share any information with the receiving state concerning the sending state’s decisions against the prisoner after the prisoner’s transfer to the receiving state. If the sending state chooses to transfer the prisoner back to the sending state to face the new charges, the receiving state will typically not receive the prisoner back until the prisoner has either been proven innocent or has been convicted and sentenced.

Escaped Prisoners

If a prisoner escapes from a receiving state’s prison, he’ll be a fugitive of the sending state rather than the receiving state. Officers in any affected jurisdiction must search for the prisoner, however.

Federal Aid

The receiving state can receive federal aid for the use of maintaining federally aided activities and programs that the sending state has contracted with the receiving state for use in the care of the transferred prisoner.

Enforced

This contract between the sending and receiving states will come into effect as soon as both states have enacted it into law.

Withdrawal from and Termination of an Interstate Compact

Withdrawal and termination from this compact between the states are only in force if the state wishing to terminate repeals it by statute, then sends a formal written notice to each other party state, stating their withdrawal. The withdrawal is not active for one year after the notices to the party states were sent.

The withdrawing state must transfer its prisoners back to itself before the withdrawal goes into effect on the one-year mark.

Any other arrangements between the withdrawing state and party states will remain unaffected.

Severability and Construction of the Compact

If the contract is seen to violate another state’s constitution or the applicability to one of their agencies, governments, circumstances, or persons is held invalid, the remainder of the compact will remain valid in all other areas. It will remain in full force to all the remaining states and the remainder of the compact in full force for the affected state. The compact’s provisions are severable as need be.

Nevada Compact Language

This is generally what is included in an interstate compact:

• Any inmate can be committed or transferred to any institution inside or outside of Nevada.
• Nevada will be careful to enforce and uphold all requirements of the Compact.
• State officers of Nevada must hold the hearings any party calls for in conjunction with this compact.
• Contracts between states cannot be put into effect unless the State Board of Examiners first approves them.