The "Fourth Stream": the power of hidden participants to implement policy with the aid of the high courts

Abstract

Due to financial constraints and a lack of bed space caused by a large influx of inmates over the last decade, the Oregon Department of Corrections has been utilizing penal policy that – in one form or another – involves the interstate import and export of prisoners. However, in order to transport, exchange or “lease” inmates to states, the Oregon Department of Corrections must utilize the Federal Interstate Compact Act, and in so doing, has entered into various interstate corrections compact. The original purpose of the Federal Interstate Compact has evolved over time and the actual legal authority allowing Oregon to transfer inmates to out-of-state prisons is quite murky. Similarly, though it appears that the evolution of interstate compacts allowing the interstate transfer of prisoners has primarily been propelled by high court decisions, the role of legislation is less clear. (author's abstract)