217.810. Interstate compact for supervision of parolees and probationers.

MISSOURI STATUTES AND CODES

217.810. Interstate compact for supervision of parolees and probationers.

Interstate compact for supervision of parolees and probationers.

217.810. 1. The governor is hereby authorized and directedto enter into the interstate compact for the supervision ofparolees and probationers on behalf of the state of Missouri withthe commonwealth of Puerto Rico, the Virgin Islands, the Districtof Columbia and any and all other states of the United Stateslegally joining therein and pursuant to the provisions of an actof the Congress of the United States of America granting theconsent of Congress to the commonwealth of Puerto Rico, theVirgin Islands, the District of Columbia and any two or morestates to enter into agreements or compacts for cooperativeeffort and mutual assistance in the prevention of crime and forother purposes, which compact shall have as its objective thepermitting of persons placed on probation or released on paroleto reside in any other state signatory to the compact assumingthe duties of visitation and supervision over such probationersand parolees; permitting the extradition and transportationwithout interference of prisoners, being retaken, through any andall states signatory to the compact under such terms, conditions,rules and regulations, and for such duration as in the opinion ofthe governor of this state shall be necessary and proper and in aform substantially as contained in subsection 2 of this section.The chairman of the board shall administer the compact for thestate.

2. INTERSTATE COMPACT FOR THE

SUPERVISION OF PAROLEES AND PROBATIONERS

This compact shall be entered into by and among thecontracting states, signatories hereto, with the consent of theCongress of the United States of America, granted by an actentitled "An act granting the consent of Congress to any two ormore states to enter into agreements or compacts for cooperativeeffort and mutual assistance in the prevention of crime and forother purposes."

The contracting states solemnly agree:

(1) That it shall be competent for the duly constitutedjudicial and administrative authorities of a state party to thiscompact (herein called "sending state") to permit any personconvicted of an offense within such state and placed on probationor released on parole to reside in any other state party to thiscompact (herein called "receiving state"), while on probation orparole, if

(a) Such a person is in fact a resident of or has his familyresiding within the receiving state and can obtain employmentthere;

(b) Though not a resident of the receiving state and nothaving his family residing there, the receiving state consents tosuch person being sent there.

Before granting such permission, opportunity shall be grantedto the receiving state to investigate the home and prospectiveemployment of such person.

A resident of the receiving state, within the meaning of thissection, is one who has been an actual inhabitant of such statecontinuously for more than one year prior to his coming to thesending state and has not resided within the sending state morethan six continuous months immediately preceding the commissionof the offense for which he has been convicted.

(2) The receiving state shall assume the duties ofvisitation and supervision over probationers or parolees of anysending state transferred under the compact and will apply thesame standards of supervision that prevail for its ownprobationers and parolees.

(3) That duly accredited officers of a sending state may atall times enter a receiving state and there apprehend and retakeany person on probation or parole. For that purpose noformalities will be required other than establishing theauthority of the officer and the identity of the person to beretaken. All legal requirements to obtain extradition offugitives from justice are hereby expressly waived on the part ofstates party hereto, as to such persons. The decision of thesending state to retake a person on probation or parole shall beconclusive upon and not reviewable within the receiving state.Provided, however, that if at the time when a state seeks toretake a probationer or parolee there should be pending againsthim within the receiving state any criminal charge, or he shouldbe suspected of having committed within such state a criminaloffense, he shall not be retaken without the consent of thereceiving state until discharged from prosecution or fromimprisonment for such offense.

(4) That the duly accredited officers of the sending statewill be permitted to transport prisoners being retaken throughany and all states parties to this compact, without interference.

(5) Each state may designate an officer who, acting jointlywith like officers of other contracting states shall promulgatesuch rules and regulations as may be deemed necessary to moreeffectively carry out the terms of this compact.

(6) That this compact shall become operative immediatelyupon its execution by any state as between it and any other stateor states so executing. When executed it shall have the fullforce and effect of law within such state, the form of executionto be in accordance with the laws of the executing state.

(7) That this compact shall continue in force and remainbinding upon each executing state until renounced by it. Theduties and obligations hereunder of a renouncing state shallcontinue as to parolees or probationers residing therein at thetime of withdrawal until retaken or finally discharged by thesending state. Renunciation of this compact shall be by the sameauthority which executed it, by sending six months' notice inwriting of its intention to withdraw from the compact to theother states party hereto.

3. If any section, sentence, subdivision or clause withinsubsection 2 of this section is for any reason held invalid or tobe unconstitutional, such decision shall not affect the validityof the remaining provisions of that subsection or this section.

4. All necessary and proper expenses accruing as a result ofa person being returned to this state by order of a court or theboard of probation and parole shall be paid by the state asprovided in section 548.241 or 548.243, RSMo.