Sometimes prisoners are transferred to interstate prisons to provide them with a program to better suit their needs or for other reasons. It’s essential to understand the pacts between Nevada and the other states and what might entail your transfer or the transfer of someone you care about.
Pursuant to NRS 215A.020, the compact enables a state prisoner to be transferred to another state and this is usually effectuated through a written contract. These contracts will specify:
The sending state is not required to share any information with the receiving state concerning the sending state’s decisions against the prisoner after the prisoner’s transfer to the receiving state. If the sending state chooses to transfer the prisoner back to the sending state to face the new charges, the receiving state will typically not receive the prisoner back until the prisoner has either been proven innocent or has been convicted and sentenced.
If a prisoner escapes from a receiving state’s prison, he’ll be a fugitive of the sending state rather than the receiving state. Officers in any affected jurisdiction must search for the prisoner, however.
The receiving state can receive federal aid for the use of maintaining federally aided activities and programs that the sending state has contracted with the receiving state for use in the care of the transferred prisoner.
This contract between the sending and receiving states will come into effect as soon as both states have enacted it into law.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Withdrawal and termination from this compact between the states are only in force if the state wishing to terminate repeals it by statute, then sends a formal written notice to each other party state, stating their withdrawal. The withdrawal is not active for one year after the notices to the party states were sent.
The withdrawing state must transfer its prisoners back to itself before the withdrawal goes into effect on the one-year mark.
Any other arrangements between the withdrawing state and party states will remain unaffected.
If the contract is seen to violate another state’s constitution or the applicability to one of their agencies, governments, circumstances, or persons is held invalid, the remainder of the compact will remain valid in all other areas. It will remain in full force to all the remaining states and the remainder of the compact in full force for the affected state. The compact’s provisions are severable as need be.
This is generally what is included in an interstate compact:
If you were arrested in Las Vegas for a criminal offense, you may be tempted to simply listen to the “advice” of family and friends and family or even law enforcement. Do not make this mistake. Every criminal case is unique and different. More importantly, your freedom should not be left to chance. Instead, it is strongly recommended that you retain the services of an experienced and qualified Las Vegas criminal defense attorney. Contact LV Criminal Defense at (702) 623-6362 to request a free, confidential consultation.