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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1740   View pdf image (33K)
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1740 ARTICLE 41

(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 re-
ceiving state until discharged from prosecution or from imprisonment
for such offense.

(4) That the duly accredited officers of the sending state will be per-
mitted 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
execution by any state as between it and any other state or states so
executing. When executed it shall have the full force and effect of law
within such state, the form of execution to be in accordance with the laws
of the executing state.

(7) That this compact shall continue in force and remain binding upon
each executing state until renounced by it. The duties and obligations
hereunder of a renouncing state shall continue as to parolees or proba-
tioners 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 executed it, by sending six months' notice in
writing of its intention to withdraw from the compact to the other states
party hereto.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1740   View pdf image (33K)
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