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 INMATE SHALL NOT BE DEPRIVED OF OR
RESTRICTED IN THE EXERCISE OF ANY POWER IN RESPECT OF ANY INMATE
CONFINED PURSUANT TO THE TERMS OF THIS COMPACT.
REVISOR'S NOTE: This section formerly was Art. 41, § 4-1204.
In subsections (d), (h), and (i) of this section, gender neutral terms are
substituted for former references to "his or her", "his", and "his",
respectively, because SG § 2-1238 requires the use of words that are
"neutral as to gender".
The only other changes are in style.
Defined terms: "Inmate" § 8-603
"Institution" § 8-603
"Person" § 1-101
"Receiving state" § 8-603
"Sending state" § 8-603
"State" § 8-603
8-606. FINALITY OF DECISIONS; ESCAPES.
(A) FINALITY OF DECISIONS OF SENDING STATE.
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 AN INMATE FROM AN
INSTITUTION IN THE RECEIVING STATE THERE IS PENDING AGAINST THE INMATE
WITHIN SUCH STATE ANY CRIMINAL CHARGE OR IF THE INMATE IS FORMALLY
ACCUSED OF HAVING COMMITTED WITHIN SUCH STATE A CRIMINAL OFFENSE, THE
INMATE 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 INMATES
PURSUANT TO THIS COMPACT THROUGH ANY AND ALL STATES PARTY TO THIS
COMPACT WITHOUT INTERFERENCE.
(B) ESCAPES.
AN INMATE WHO ESCAPES FROM AN INSTITUTION IN WHICH THE INMATE 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 AN 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 AN ESCAPEE.
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