SECTIONS 11175-11179 - California Statutes

PENAL CODE

SECTION 11175-11179

11175. This article may be cited as the Uniform Act for
Out-of-State Probationer or Parolee Supervision.

11176. Pursuant to the authority vested in this State by that
certain act of Congress, approved June 6, 1934, and 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
Governor is hereby authorized and directed to enter into a compact or
compacts on behalf of this State with any of the United States
legally joining therein.

11177. The compact or compacts authorized by Section 11176 shall be
in substantially the following form:
A compact 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. 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
compact.
(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.

11177.1. (a) Before a probationer or parolee may be returned to the
sending state under this compact, he shall have a right to counsel
and to a hearing before a magistrate to determine whether he is in
fact a probationer or parolee who was allowed to reside in this or
any other state pursuant to this compact, whether his return to the
sending state has been ordered, and whether there is probable cause
to believe he is the same person whose return is sought. At the
hearing, the magistrate shall accept certified copies of probation or
parole documents showing that this compact has been invoked and that
the probationer or parolee has been ordered returned to the sending
state, and these documents shall constitute conclusive proof of their
contents. If the magistrate concludes that the probationer or
parolee is subject to the terms of this compact, an order shall be
issued forthwith directing the delivery to the sending state of the
probationer or parolee.
(b) If the probationer or parolee or his counsel desires to test
the legality of the order issued under subdivision (a), the
magistrate shall fix a reasonable time to be allowed him within which
to apply for a writ of habeas corpus. If the writ is denied and
probable cause appears for an application for a writ of habeas corpus
to another court, or justice or judge thereof, the order denying the
writ shall fix a reasonable time within which the accused may again
apply for a writ of habeas corpus.

11177.2. (a) No parolee or inmate may be released on parole to
reside in any other receiving state if the parolee or inmate is
subject to an unsatisfied order of restitution to a victim or a
restitution fine within the sending state.
(b) A parolee or inmate may be granted an exception to the
prohibition in subdivision (a) if the parolee or inmate posts a bond
for the amount of the restitution order.
(c) A parolee or inmate may petition the court for a hearing to
determine whether, in the interests of justice, the prohibition
against leaving the state should be waived. This section shall not be
construed to allow the reduction or waiver of a restitution order or
fine.

11177.5. The officer designated by the Governor pursuant to
subdivision 5 of Section 11177 of this code may deputize any person
regularly employed by another state to act as an officer and agent of
this State in effecting the return of any person who has violated
the terms and conditions of parole or probation as granted by this
State. In any matter relating to the return of such a person, any
agent so deputized shall have all the powers of a police officer of
this State.
Any deputization pursuant to this section shall be in writing and
any person authorized to act as an agent of this State pursuant
hereto shall carry formal evidence of his deputization and shall
produce the same upon demand.

11177.6. The officer designated by the Governor pursuant to
subdivision 5 of Section 11177 of this code may, subject to the
approval of the Department of General Services, enter into contracts
with similar officials of any other state or states for the purpose
of sharing an equitable portion of the cost of effecting the return
of any person who has violated the terms and conditions of parole or
probation as granted by this state.

11178. If any portion of this article is held unconstitutional,
such decision shall not affect the validity of any other portions of
this act.

11179. This article and compacts made pursuant thereto shall be
construed as separate and distinct from any act or acts of this State
relating to the extradition of fugitives from justice.