NCJ Number
50517
Date Published
1978
Length
95 pages
Annotation
LEGAL CONSIDERATIONS ARE ADDRESSED WITH RESPECT TO THE IMPLEMENTATION OF A PILOT COMPUTER SYSTEM DESIGNED TO FACILITATE THE RAPID AND COST-EFFECTIVE INTERSTATE TRANSPORTATION OF PRISONERS.
Abstract
THE OBJECTIVE IS TO DISCOVER AND DEMONSTRATE A SATISFACTORY LEGAL FOUNDATION FOR THE USE OF 0UT-OF-STATE OFFICERS TO ACCOMPLISH COOPERATIVE INTERSTATE TRANSPORTS OF PRISONERS WITHIN THE COST REIMBURSEMENT OR EXCHANGE FRAMEWORK UNDERLYING THE DEVELOPMENT OF THE COMPUTER ASSISTED PRISONER TRANSPORTATION INDEX SERVICE (CAPTIS). FIVE LEGAL FEASIBILITY ANALYSES ARE PROVIDED, WITH ATTENTION TO: (1) WHETHER EXISTING FEDERAL AND STATE STATUTORY MANDATES FOR INTERSTATE PRISONER TRANSPORTATION PERMIT THE OFFICIALS OF A DEMANDING, REQUESTING, OR SENDING STATE TO APPOINT THE OFFICER OF ANOTHER STATE AS THEIR AGENT TO ACCOMPLISH THE TRANSPORT OF A PRISONER; (2) WHETHER STATE AND LOCAL GOVERNMENTS AND THEIR CRIMINAL JUSTICE AGENCIES HAVE THE AUTHORITY TO CONTRACT WITH OTHER UNITS OF GOVERNMENTS IN OTHER STATES FOR THE TRANSPORT OF PRISONERS; (3) WHETHER EXISTING STATE AND LOCAL LAW GOVERNING PUBLIC OFFICES AND EMPLOYMENTS ALLOW THE OFFICIALS OF THE DEMANDING, REQUESTING, OR SENDING STATE TO TENDER AN APPOINTMENT TO AN OFFICER FROM ANOTHER STATE TO ACT AS THEIR ESCORT OFFICER; (4) WHETHER AN OFFICER MAY TRANSPORT A PRISONER TO ANOTHER STATE WITHOUT BEING SPECIALLY DEPUTIZED BY THAT STATE; AND (5) WHETHER THE EXCHANGE OF ESSENTIAL ELEMENTS OF INFORMATION ABOUT THE STATUS AND AVAILABILITY FOR TRANSPORT OF PRISONERS FALLS OUTSIDE OF OR COMPLIES WITH FEDERAL AND STATE PRIVACY AND SECURITY REQUIREMENTS SAFEGUARDING THE COLLECTION, STORAGE, AND DISSEMINATION OF CRIMINAL HISTORY INFORMATION. FEDERAL AND STATE CODES, LAWS, AND COMPACTS ARE FOOTNOTED, ALONG WITH APPLICABLE JUDICIAL DECISIONS AND OTHER REFERENCES. SEE ALSO NCJ 50516 AND 50518-50521. (KBL)