Legislation
SECTION 105
Acts not reviewable in receiving state; extradition
Correction (COR) CHAPTER 43, ARTICLE 5-A
§ 105. Acts not reviewable in receiving state; extradition. (a) Any
decision of the sending state in respect to 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 incarcerated individual from an
institution in the receiving state there is pending against the
incarcerated individual within such state any criminal charge or if the
incarcerated individual is formally accused of having committed within
such state a criminal offense, the incarcerated individual 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 incarcerated individuals pursuant to
this compact through any and all states party to this compact without
interference.
(b) Any incarcerated individual who escapes from an institution in
which he or she 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 any escape to a jurisdiction
other than the sending or receiving state, the responsibility for
institution of extradition or rendition 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 the escapee.
decision of the sending state in respect to 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 incarcerated individual from an
institution in the receiving state there is pending against the
incarcerated individual within such state any criminal charge or if the
incarcerated individual is formally accused of having committed within
such state a criminal offense, the incarcerated individual 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 incarcerated individuals pursuant to
this compact through any and all states party to this compact without
interference.
(b) Any incarcerated individual who escapes from an institution in
which he or she 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 any escape to a jurisdiction
other than the sending or receiving state, the responsibility for
institution of extradition or rendition 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 the escapee.