Chap. 444.—An ACT to provide that the State of’ Virginia may enter into a
compact with any of the United States for mutual helpfulness in relation

to persons convicted of crime or offenses who may be on probation or ey
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Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. The Governor of this State is hereby authorized and
directed to execute a compact on behalf of the State of Virginia with
any of the United States legally joining therein in the form substan-
tially as follows:

A COMPACT

Entered into by and among the contracting states, signatories
hereto, with the consent of the Congress of the United States of
America, granted by an act entitled “an act granting the consent of
Congress ‘to any two or more States to enter into agreements or
compacts for cooperative effort and mutual assistance in the prevention
of crime and for other purposes”.

The contracting States solemnly agree:

(1) That it shall be competent for the duly constituted judicial
and administrative authorities of a State party to this compact (herein
called “sending State”), to permit any person convicted of an offense
within such State and placed on probation or released on parole to
reside in any other State party to this compact (herein called “receiv-
ing State”), while on probation or parole, if

(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 employ-
ment of such person.

A resident of the receiving State, within the meaning of this sec-
tion, is one who has been an actual inHabitant of such State contin-
uously 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 visita-
tion 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 identitv
of the person to be retaken. All legal requirements to obtain extra-
dition 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 con-
clusive 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 com-
mitted within such State a criminal offense, he shall not be retaken
without the consent of the receiving State until discharged from prose-
cution or from imprisonment for such offense.

(4) That the duly accredited officers of the sending State will be
permitted 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, il
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 bind-
ing upon each executing State until renounced by it. The duties and
obligations hereunder of a renouncing State shall continue as to
parolees or probationers 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.

Section 2. If any section, sentence, subdivision or clause of this
act is for any reason held invalid or to be unconstitutional, such deci-
sion shall not affect the validity of the remaining portions of this act.

Section 3. This act may be cited as the Uniform Act for Out-ot-
State Parolee Supervision.