§ 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.