§ 105. Acts not reviewable in receiving state; extradition.

251 words·~1 min read·/ny/correction/interstate-corrections-compact/105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.