25-14 Interstate Compact on Mentally Disordered Offenders - North Dakota Statutes

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CHAPTER 25-14INTERSTATE COMPACT ON MENTALLY DISORDERED OFFENDERS25-14-01. Enactment of interstate compact on mentally disordered offenders. Theinterstate compact on mentally disordered offenders, hereinafter called "the compact", is hereby
enacted and entered into with all other jurisdictions legally joining therein. The provisions of said
compact are as follows:INTERSTATE COMPACT ON MENTALLY DISORDERED OFFENDERSArticle I. Purpose and Policy1.The party states, desiring by common action to improve their programs for the care
and treatment of mentally disordered offenders, declare that it is the policy of each of
the party states to:a.Strengthen their own programs and laws for the care and treatment of the
mentally disordered offender.b.Encourage and provide for such care and treatment in the most appropriate
locations, giving due recognition to the need to achieve adequacy of diagnosis,
care, treatment, after-care, and auxiliary services and facilities and, to every
extent practicable, to do so in geographic locations convenient for providing a
therapeutic environment.c.Authorize cooperation among the party states in providing services and
facilities, when it is found that cooperative programs can be more effective and
efficient than programs separately pursued.d.Place each mentally disordered offender in a legal status which will facilitate the
offender's care, treatment, and rehabilitation.e.Authorize research and training of personnel on a cooperative basis, in order to
improve the quality or quantity of personnel available for the proper staffing of
programs, services, and facilities for mentally disordered offenders.f.Care for and treat mentally disordered offenders under conditions which will
improve the public safety.2.Within the policies set forth in this article, it is the purpose of this compact to:a.Authorizenegotiation,entryinto,andoperationsundercontractualarrangements among any two or more of the party states for the establishment
and maintenance of cooperative programs in any one or more of the fields for
which specific provision is made in the several articles of this compact.b.Set the limits within which such contracts may operate, so as to assure
protection of the civil rights of mentally disordered offenders and protection of
the rights and obligations of the public and of the party states.c.Facilitate the proper disposition of criminal charges pending against mentally
disordered offenders, so that programs for their care, treatment, and
rehabilitation may be carried on efficiently.Article II. DefinitionsAs used in this compact:1."Mentally disordered offender" means a person who has been determined, by
adjudication or other method legally sufficient for the purpose in the party state
where the determination is made, to be mentally ill and:Page No. 1a.Is under sentence for the commission of crime; orb.Who is confined or committed on account of the commission of an offense for
which, in the absence of mental illness, said person would be subject to
incarceration in a penal or correctional facility.2."Patient" means a mentally disordered offender who is cared for, treated, or
transferred pursuant to this compact.3."Receiving state" means a state party to this compact to which a mentally disordered
offender is sent for care, after-care, treatment, or rehabilitation, or within the
meaning of article V, the state in which a petition in connection with an untried
indictment, information, or complaint has been filed.4."Sending state" means a state party to this compact in which the mentally
disordered offender was convicted; or the state in which the offender would be
subject to trial on or conviction of an offense, except for the offender's mental
condition; or, within the meaning of article V, the state whose authorities have filed a
petition in connection with an untried indictment, information, or complaint.Article III. Contracts1.Each party state may make one or more contracts with any one or more of the other
party states for the care and treatment of mentally disordered offenders on behalf of
a sending state in facilities situated in receiving states, or for the participation of such
mentally disordered offenders in programs of after-care on conditional release
administered by the receiving state. Any such contract shall provide for:a.Its duration.b.Payments to be made to the receiving state by the sending state for patient
care, treatment, and extraordinary services, if any.c.Determination of responsibility for ordering or permitting the furnishing of
extraordinary services, if any.d.Participation in compensated activities, if any, available to patients; the
disposition or crediting of any payment received by patients on account thereof;
and the crediting of proceeds from or disposal of any products resulting
therefrom.e.Delivery and retaking of mentally disordered offenders.f.Such other matters as may be necessary and appropriate to fix the obligations,
responsibilities, and rights of the sending and receiving states.2.Prior to the construction or completion of construction of any facility for mentally
disordered offenders or addition to such facility by a party state, any other party state
or states may contract therewith for the enlargement of the planned capacity of the
facility or addition thereto, or for the inclusion therein of particular equipment or
structures, and for the reservation of a specific per centum of the capacity of the
facility to be kept available for use by patients of the sending state or states so
contracting. Any sending state so contracting may, to the extent that moneys are
legally available therefor, pay to the receiving state, a reasonable sum as
consideration for such enlargement of capacity, or provision of equipment or
structures, and reservation of capacity. Such payment may be in a lump sum or in
installments as provided in the contract.3.A party state may contract with any one or more other party states for the training of
professional or other personnel whose services, by reason of such training, wouldPage No. 2become available for or be improved in respect of ability to participate in the care
and treatment of mentally disordered offenders. Such contracts may provide for
such training to take place at any facility being operated or to be operated for the
care and treatment of mentally disordered offenders; at any institution or facility
having resources suitable for the offering of such training; or may provide for the
separate establishment of training facilities, provided that no such separate
establishment shall be undertaken, unless it is determined that an appropriate
existing facility or institution cannot be found at which to conduct the contemplated
program. Any contract entered into pursuant to this paragraph shall provide for:a.The administration, financing, and precise nature of the program.b.The status and employment or other rights of the trainees.c.All other necessary matters.4.No contract entered into pursuant to this compact shall be inconsistent with any
provision thereof.Article IV. Procedures and Rights1.Whenever the duly constituted judicial or administrative authorities in a state party to
this compact, and which has entered into a contract pursuant to article III, shall
decide that custody, care, and treatment in, or transfer of a patient to, a facility within
the territory of another party state, or conditional release for after-care in another
party state is necessary in order to provide adequate care and treatment or is
desirable in order to provide an appropriate program of therapy or other treatment,
or is desirable for clinical reasons, said officials may direct that the custody, care,
and treatment be within a facility or in a program of after-care within the territory of
said other party state, the receiving state to act in that regard solely as agent for the
sending state.2.The appropriate officials of any state party to this compact shall have access, at all
reasonable times, to any facility in which it has a contractual right to secure care or
treatment of patients for the purpose of inspection and visiting such of its patients as
may be in the facility or served by it.3.Except as otherwise provided in article VI, patients in a facility pursuant to the terms
of this compact shall at all times be subject to the jurisdiction of the sending state
and may at any time be removed for transfer to a facility within the sending state, for
transfer to another facility in which the sending state may have a contractual or other
right to secure care and treatment of patients, for release on after-care or other
conditional status, for discharge, or for any other purpose permitted by the laws of
the sending state; provided that the sending state shall continue to be obligated to
such payments as may be required pursuant to the terms of any contract entered
into under the terms of article III.4.Each receiving state shall provide regular reports to each sending state on the
patients of that sending state in facilities pursuant to this compact, including a
psychiatric and behavioral record of each patient and certify said record to the official
designated by the sending state, in order that each patient may have the benefit of
the patient's record in determining and altering the disposition of said patient in
accordance with the law which may obtain in the sending state and in order that the
same may be a source of information for the sending state.5.All patients who may be in a facility or receiving after-care from a facility pursuant to
the provisions of this compact shall be treated in a reasonable and humane manner
and shall be cared for, treated, and supervised in accordance with the standards
pertaining to the program administered at the facility. The fact of presence in a
receiving state shall not deprive any patient of any legal rights which said patientPage No. 3would have had if in custody or receiving care, treatment, or supervision as
appropriate in the sending state.6.Any hearing or hearings to which a patient present in a receiving state pursuant to
this compact may be entitled by the laws of the sending state shall be had before the
appropriate authorities of the sending state, or of the receiving state if authorized by
the sending state.The receiving state shall provide adequate facilities for suchhearings as may be conducted by the appropriate officials of a sending state. In the
event such hearing or hearings are had before officials of the receiving state, the
governing law shall be that of the sending state and a record of the hearing or
hearings as prescribed by the sending state shall be made. Said record together
with any recommendations of the hearing officials shall be transmitted forthwith to
the official or officials before whom the hearing would have been had if it had taken
place in the sending state. In any and all proceedings had pursuant to the provisions
of this paragraph, the officials of the receiving state shall act solely as agents of the
sending state and no final determination shall be made in any matter except by the
appropriate officials of the sending state. Costs of records made pursuant to this
paragraph shall be borne by the sending state.7.Any patient confined pursuant to this compact shall be released within the territory of
the sending state unless the patient, and the sending and receiving states, shall
agree upon release in some other place. The sending state shall bear the cost of
such return to its territory.8.Any patient pursuant to the terms of this compact shall be subject to civil process
and shall have any and all rights to sue, be sued, and participate in and derive any
benefits or incur or be relieved of any obligations or have such obligations modified
or the patient's status changed on account of any action or proceeding in which the
patient could have participated if in any appropriate facility of the sending state or
being supervised therefrom, as the case may be, located within such state.9.The parent, guardian, trustee, or other person or persons entitled under the laws of
the sending state to act for, advise, or otherwise function with respect to any patient
shall not be deprived of or restricted in the exercise of any power in respect of any
patient pursuant to the terms of this compact.Article V. Disposition of Charges1.Whenever the authorities responsible for the care and treatment of a mentally
disordered offender, whether convicted or adjudicated in the state or subject to care,
after-care, treatment, or rehabilitation pursuant to a contract, are of the opinion that
charges based on untried indictments, informations, or complaints in another party
state present obstacles to the proper care and treatment of a mentally disordered
offender or to the planning or execution of a suitable program for the offender, such
authorities may petition the appropriate court in the state where the untried
indictment, information, or complaint is pending for prompt disposition thereof. If the
mentally disordered offender is a patient in a receiving state, the appropriate
authorities of the sending state, upon recommendation of the appropriate authorities
in the receiving state, shall, if they concur in the recommendation, file the petition
contemplated by this paragraph.2.The court shall hold a hearing on the petition within thirty days of the filing thereof.
Such hearing shall be only to determine whether the proper safeguarding and
advancement of the public interest, the condition of the mentally disordered offender,
and the prospects for more satisfactory care, treatment, and rehabilitation of the
offender warrant disposition of the untried indictment, information, or complaint prior
to termination of the defendant's status as a mentally disordered offender in the
sending state.The prosecuting officer of the jurisdiction from which the untriedindictment, information, or complaint is pending, the petitioning authorities, and such
other persons as the court may determine shall be entitled to be heard.Page No. 43.Upon any hearing pursuant to this article, the court may order such adjournments or
continuances as may be necessary for the examination or observation of the
mentally disordered offender or for the securing of necessary evidence. In granting
or denying any such adjournment or continuance, the court shall give primary
consideration to the purposes of this compact, and more particularly to the need for
expeditious determination of the legal and mental status of a mentally disordered
offender so that the offender's care, treatment, and discharge to the community only
under conditions which will be consonant with the public safety may be
implemented.4.The presence of a mentally disordered offender within a state wherein a petition is
pending or being heard pursuant to this article, or the offender's presence within any
other state through which the offender is being transported in connection with such
petition or hearing, shall be only for the purposes of this compact, and no court,
agency, or person shall have or obtain jurisdiction over such mentally disordered
offender for any other purpose by reason of the offender's presence pursuant to this
article. The mentally disordered offender shall, at all times, remain in the custody of
the sending state. Any acts of officers, employees, or agencies of the receiving
state in providing or facilitating detention, housing, or transportation for the mentally
disordered offender shall be only as agents for the sending state.5.Promptly upon conclusion of the hearing, the court shall dismiss the untried
indictment, information, or complaint, if it finds that the purposes enumerated in
paragraph 2 would be served thereby. Otherwise, the court shall make such order
with respect to the petition and the untried indictment, information, or complaint as
may be appropriate in the circumstances and consistent with the status of the
defendant as a mentally disordered offender in the custody of and subject to the
jurisdiction of the sending state.6.No fact or other matter established or adjudicated at any hearing pursuant to this
article, or in connection therewith, shall be deemed established or adjudicated, nor
shall the same be admissible in evidence, in any subsequent prosecution of the
untried indictment, information, or complaint concerned in a petition filed pursuant to
this article unless:a.The defendant or the defendant's duly empowered legal representative
requested or expressly acquiesced in the making of the petition, and was
afforded an opportunity to participate in person in the hearing; orb.The defendant offers or consents to the introduction of the determination or
adjudication at such subsequent proceedings.Article VI. Acts Not Reviewable in Receiving State - Return1.Any decision of the sending state in respect of 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 a
patient from the receiving state there is pending against the patient within such state
any criminal charge or if the patient is suspected of having committed within such
state a criminal offense, the patient 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 patients pursuant to this compact
through any and all states party to this compact without interference.2.A patient who escapes while receiving care and treatment or who violates provisions
of after-care by leaving the jurisdiction, or while being detained or transported
pursuant to this compact shall be deemed an escapee from the sending state and
from the state in which the facility is situated or the after-care was being provided. In
the case of an escape to a jurisdiction other than the sending or receiving state, thePage No. 5responsibility for return 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 an escapee.Article VII. Federal AidAny state party to this compact may accept federal aid for use in connection with anyfacility or program, the use of which is or may be affected by this compact or any contract
pursuant thereto and any patient in a receiving state pursuant to this compact may participate in
any such federally aided program or activity for which the sending and receiving states have
made contractual provision; provided that if such program or activity is not part of the customary
regimen of the facility or program, the express consent of the appropriate official of the sending
state shall be required therefor.Article VIII. Entry Into ForceThis compact shall enter into force and become effective and binding upon the states soacting when it has been enacted into law by any two states from among the states of Illinois,
Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South
Dakota, and Wisconsin. Thereafter, this compact shall enter into force and become effective and
binding as to any other of said states, or any other state upon similar action by such state.Article IX. Withdrawal and TerminationThis compact shall continue in force and remain binding upon a party state until it shallhave enacted a statute repealing the same and providing for the sending of formal written notice
of withdrawal from the compact to the appropriate officials of all other party states. An actual
withdrawal shall not take effect until two years after the notices provided in said statute have
been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed
hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a
withdrawing state shall remove to its territory, at its own expense, such patients as it may have in
other party states pursuant to the provisions of this compact.Article X. Other Arrangements UnaffectedNothing contained in this compact shall be construed to abrogate or impair anyagreement or other arrangement which a party state may have with a nonparty state for the
custody, care, treatment, rehabilitation, or after-care of patients nor to repeal any other laws of a
party state authorizing the making of cooperative arrangements.Article XI. Construction and SeverabilityThe provisions of this compact shall be liberally construed and shall be severable. If anyphrase, clause, sentence, or provision of this compact is declared to be contrary to the
constitution of any participating state or of the United States or the applicability thereof to any
government, agency, person, or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person, or circumstance shall
not be affected thereby. If this compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all severable matters.25-14-02. State health officer shall administer compact. The state health officer ishereby authorized to negotiate and enter into contracts on behalf of the state pursuant to
article III of the compact and may perform such contracts; provided that no funds, personnel,
facilities, equipment, supplies, or materials shall be pledged, committed, or used on account of
any such contract unless legally available therefor.Page No. 6Document Outlinechapter 25-14 interstate compact on mentally disordered offenders