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Ch.3
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Martin O'Malley, Governor
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(IV) AS USED IN THIS AMENDMENT, (1) "SENDING STATE" MEANS
SENDING STATE AS THAT TERM IS USED IN ARTICLE VII OF THE COMPACT OR THE
STATE FROM WHICH A DELINQUENT JUVENILE HAS ESCAPED OR ABSCONDED
WITHIN THE MEANING OF ARTICLE V OF THE COMPACT; (2) "RECEIVING STATE"
MEANS ANY STATE, OTHER THAN THE SENDING STATE, IN WHICH A PAROLEE,
PROBATIONER ESCAPEE, OR ABSCONDER MAY BE FOUND, PROVIDED THAT SAID
STATE IS A PARTY TO THIS AMENDMENT.
(V) EVERY STATE WHICH ADOPTS THIS AMENDMENT SHALL DESIGNATE
AT LEAST ONE OF ITS INSTITUTIONS FOR DELINQUENT JUVENILES AS A "COMPACT
INSTITUTION" AND SHALL CONFINE PERSONS THEREIN AS PROVIDED IN PARAGRAPH
(I) HEREOF UNLESS THE SENDING AND RECEIVING STATE IN QUESTION SHALL MAKE
SPECIFIC CONTRACTUAL ARRANGEMENTS TO THE CONTRARY. ALL STATES PARTY TO
THIS AMENDMENT SHALL HAVE ACCESS TO "COMPACT INSTITUTIONS" AT ALL
REASONABLE HOURS FOR THE PURPOSE OF INSPECTING THE FACILITIES THEREOF
AND FOR THE PURPOSE OF VISITING SUCH OF SAID STATE'S DELINQUENTS AS MAY
BE CONFINED IN THE INSTITUTION.
(VI) PERSONS CONFINED IN "COMPACT INSTITUTIONS" 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 FROM
SAID "COMPACT INSTITUTION" FOR. TRANSFER TO AN APPROPRIATE INSTITUTION
WITHIN THE SENDING STATE, FOR RETURN TO PROBATION OR PAROLE, FOR
DISCHARGE, OR FOR ANY PURPOSE PERMITTED BY THE LAWS OF THE SENDING
STATE.
(VII) ALL PERSONS WHO MAY BE CONFINED IN A "COMPACT INSTITUTION"
PURSUANT TO THE PROVISIONS OF THIS AMENDMENT SHALL BE TREATED IN A
REASONABLE AND HUMANE MANNER THE FACT OF CONFINEMENT OR
RECONFINEMENT IN A RECEIVING STATE SHALL NOT DEPRIVE ANY PERSON SO
CONFINED OR RECONFINED OF ANY RIGHTS WHICH SAID PERSON WOULD HAVE HAD
IF CONFINED OR RECONFINED IN AN APPROPRIATE INSTITUTION OF THE SENDING
STATE; NOR SHALL ANY AGREEMENT TO SUBMIT TO CONFINEMENT OR
RECONFINEMENT PURSUANT TO THE TERMS OF THIS AMENDMENT BE CONSTRUED
AS A WAIVER OF ANY RIGHTS WHICH THE DELINQUENT WOULD HAVE HAD IF THE
DELINQUENT HAD BEEN CONFINED OR RECONFINED IN ANY APPROPRIATE
INSTITUTION OF THE SENDING STATE EXCEPT THAT THE HEARING OR HEARINGS, IF
ANY, TO WHICH A PAROLEE, PROBATIONER, ESCAPEE, OR ABSCONDER MAY BE
ENTITLED (PRIOR TO CONFINEMENT OR RECONFINEMENT) BY THE LAWS OF THE
SENDING STATE MAY BE HAD BEFORE THE APPROPRIATE JUDICIAL OR
ADMINISTRATIVE OFFICERS OF THE RECEIVING STATE. IN THIS EVENT, SAID
JUDICIAL OR ADMINISTRATIVE OFFICERS SHALL ACT AS AGENTS OF THE SENDING
STATE AFTER CONSULTATION WITH APPROPRIATE OFFICERS OF THE SENDING
STATE,
(VIII) ANY RECEIVING STATE INCURRING COSTS OR OTHER EXPENSES
UNDER THIS AMENDMENT SHALL BE REIMBURSED IN THE AMOUNT OF SUCH COSTS
OR OTHER EXPENSES BY THE SENDING STATE UNLESS THE STATES CONCERNED
SHALL SPECIFICALLY OTHERWISE AGREE. ANY TWO OR MORE STATES PARTY TO
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- 373 -
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![clear space](../../../images/clear.gif) |