ORS 421.245
Interstate Corrections Compact

The Interstate Corrections Compact is enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
As used in this compact, unless the context clearly requires otherwise:


“State” means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico.


“Sending state” means a state party to this compact in which conviction or court commitment was had.


“Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.


“Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.


“Institution” means any penal or correctional facility, including but not limited to a facility for persons with mental illness or intellectual disabilities, in which inmates as defined in subsection (4) of this Article may lawfully be confined.


Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:


Its duration.


Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.


Participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom.


Delivery and retaking of inmates.


Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.


The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.


Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.


The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.


Inmates confined in an institution 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 therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, 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.


Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate 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.


All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.


Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may 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 such hearings 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 subsection, 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.


Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, 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.


Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the status of the inmate changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.


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.


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.


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 in this compact 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.
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate 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 correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
This compact shall continue in force and remain binding upon a party state until it shall have 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 one year 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 inmates as it may have confined pursuant to the provisions of this compact.
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, 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.

[1979 c.486 §1; 2013 c.360 §64]
Note: 421.245 (Interstate Corrections Compact) to 421.254 (Priority of corrections compacts) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 421.245 — Interstate Corrections Compact, https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html.

Notes of Decisions

Because this section supplements habeas corpus statutes, Oregon inmate incarcerated out of state as result of transfer under this section retains right to petition for writ of habeas corpus under ORS 34.310 in Oregon to remedy alleged unconstitutional conditions of confinement. Barrett v. Peters, 360 Or 445, 383 P3d 813 (2016)

Fact that inmate was transferred to and confined in out-of-state institution does not prohibit inmate from bringing claims alleging violation of rights under Oregon constitution. Barrett v. Peters, 360 Or 445, 383 P3d 813 (2016)

Use of revenue from certain sources
Report to legislature following audit of women’s correctional facility
Housing of Adults in Custody from Other Jurisdictions Account
Telephone service provider contracts
Correctional education system
Adult basic skills development program
Experimentation on adults in custody prohibited
Enforcement of rules
Use of dog for cell extraction prohibited
Provision of immunization against influenza virus
Reduction in term of sentence
Reduction in term of incarceration
Status of time enrolled in work release
Clothing, money and documents upon release
Department fees for service of process and other documents
Labeling of goods made in hobby and recreation programs
Manufacture and sale of handiwork
Disposition of moneys obtained from sale of products of labor of adult in custody
Disposition of unclaimed or abandoned tangible property of adults in custody
Custody of federal prisoners
Dangerous offenders to be observed and treated
Written report concerning conduct of dangerous offenders
Emergency leave
Transitional leave
Enrollment of adult in custody in work release program
Disciplinary procedures
Assistance and representation in disciplinary procedures
Admissible evidence at disciplinary hearing
Disciplinary orders not subject to judicial review
Contracts with federal government, other states or counties, or other agencies for detention and care of adults in custody
Transfer of adults in custody to contract institutions
Records of transfer
Procurement of transferred adults in custody when required for judicial proceedings
Return of transferred adults in custody
Expenses of superintendents
Transfer of foreign adults in custody
Interstate Corrections Compact
Powers of Governor
Priority of corrections compacts
Definitions for ORS 421.282 to 421.294
Western Interstate Corrections Compact
Commitments or transfers of inmates to institution in another state
Enforcing and administering compact
Hearings by director
Hearings in another state
Contracts to implement compact
Interstate Forest Fire Suppression Compact
Powers of Governor
Duties of State Forester
Establishment of industries in institutions
Contracts with federal government for producing goods or furnishing services of adults in custody during national emergency authorized
Creation of Oregon Corrections Enterprises as semi-independent agency
Advisory council
Advisory committee
Applicability of certain statutes to Oregon Corrections Enterprises
Authority of Oregon Corrections Enterprises
Limitation on amount agency may charge Oregon Corrections Enterprises
Disposition of income and revenues
Continuation of employment of certain Department of Corrections employees
Provision of legal services to Oregon Corrections Enterprises
Report to Governor and Legislative Assembly
Use of labor of adults in custody for benefit of officials prohibited
Use of labor of adults in custody in acquisition of crops to be consumed in state institutions
Use of labor of adults in custody to clear unimproved land
Use of labor of adults in custody for electrical or plumbing work
Compensation of adults in custody
Authority to enter into contracts concerning certain operations and programs
Creation of accounts and subaccounts relating to prison work and on-the-job training programs
Intellectual property
Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program
Definitions for ORS 421.455 to 421.480
Forest work camps
Transfer of state adults in custody to forest work camp
Transfer of local adults in custody to forest work camp
Prior approval required for transfer of local adult in custody
Authority over adults in custody in camps
Compensation of adults in custody for labor at forest camps
Return of adult in custody to institution
Work camps
Definitions for ORS 421.502 to 421.512
Special alternative incarceration program
Intensive alternative incarceration addiction program
Suspension or termination of program
Determination of eligibility for program
Provision of information to program participants
Eligibility for nonprison leave
Medical treatment programs
Location and use of penitentiary
New correctional facilities
Corrections facilities
When department required to nominate sites for corrections facilities
Meetings to discuss site selections
Corrections Facilities Siting Authority
Hearings in region where nominated site located
Notification to Governor
Effect of decision of Corrections Facilities Siting Authority
Judicial review
Lease of Milliron Road Site
Definitions for ORS 421.635 to 421.657
When department required to propose site
Exclusion of F. H. Dammasch State Hospital as department facility
Hearings in region where proposed site located
Notice to Governor regarding proposed site
Issuing permits necessary for construction and operation of facility
Review of decision relating to permits
Provision of public services
Prison Advisory Committee
Judicial review
Proceedings for review
Condemnation of property
Department disposal of sited property
Siting of branch institutions
Green check means up to date. Up to date