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This entry was published on 2014-09-22
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Compacts with other states for out-of-state parolee supervision
Executive (EXC) CHAPTER 18, ARTICLE 12-B
§ 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


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

(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.