HB0090 - Compact-adult offenders.
2001 |
State of Wyoming |
01LSO-0330.E1 ENGROSSED |
HOUSE BILL NO. HB0090
Compact-adult offenders.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
1 AN ACT relating to the
interstate compact for the
2
supervision of adult offenders; adopting the interstate
3
compact; authorizing travel across state lines;
4
transferring supervision among the compacting states;
5
distributing the costs, benefits and obligations among the
6
compacting states; creating an interstate commission;
7
authorizing the promulgation of rules and regulations;
8
establishing a system of uniform data collection; providing
9
for regular reporting; and providing for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
14
15 Whereas: The interstate
compact for the supervision of
16 parolees and probationers was
established in 1937, it is
17 the earliest corrections
"compact" established among the
Page 1
1 states and has not been amended since its adoption over
2
sixty-two (62) years ago;
3
4 Whereas: This compact is the only vehicle for the
5
controlled movement of adult parolees and probationers
6
across state lines and it currently has jurisdiction over
7
more than a quarter of a million offenders;
8
9 Whereas: The complexities of the compact have become more
10 difficult to administer and many
jurisdictions have
11 expanded supervision expectations to
include currently
12 unregulated practices such as victim
input, victim
13 notification requirements and sex
offender registration;
14
15 Whereas: After hearings,
national surveys and a detailed
16 study by a task force appointed by
the national institute
17 of corrections, the overwhelming
recommendation has been to
18 amend the document to bring about an
effective management
19 capacity that addresses public
safety concerns and offender
20 accountability;
21
22 Whereas: Upon the adoption
of this interstate compact for
23 adult offender supervision, it is
the intention of the
24 legislature to repeal the previous
interstate compact for
Page 2
1 the supervision of parolees and probationers on the
2
effective date of this compact.
3
4 Section
2. W.S.
7-13-422 and 7-13-423 are created to
5
read:
6
7 7-13-422. Short title.
8
9
This act may be cited as "The Interstate Compact for Adult
10 Offender Supervision."
11
12 7-13-423. Compact provisions generally.
13
14 The interstate compact for the supervision
of adult
15 offenders as contained herein is
hereby enacted into law
16 and entered into on behalf of this
state with any and all
17 other states legally joining therein
in a form
18 substantially as follows.
19
20 Article I
21 Purpose
22
23 (a) The
compacting states to this interstate compact
24 recognize that each state is
responsible for the
Page 3
1
supervision of adult offenders in the community who are
2
authorized pursuant to the bylaws and rules of this compact
3
to travel across state lines both to and from each
4
compacting state in such a manner as to track the location
5
of offenders, transfer supervision authority in an orderly
6
and efficient manner, and when necessary return offenders
7
to the originating jurisdictions. The compacting states
8
also recognize that congress, by enacting the Crime Control
9
Act, 4 U.S.C. § 112 (1965), has authorized and encouraged
10 compacts for cooperative efforts and
mutual assistance in
11 the prevention of crime. It is the
purpose of this compact
12 and the interstate commission
created hereunder, through
13 means of joint and cooperative
action among the compacting
14 states: to provide the framework for
the promotion of
15 public safety and protect the rights
of victims through the
16 control and regulation of the
interstate movement of
17 offenders in the community; to
provide for the effective
18 tracking, supervision and rehabilitation
of these offenders
19 by the sending and receiving states;
and to equitably
20 distribute the costs, benefits and
obligations of the
21 compact among the compacting states.
In addition, this
22 compact will: create an interstate
commission which will
23 establish uniform procedures to
manage the movement between
24 states of adults placed under
community supervision and
Page 4
1
released to the community under the jurisdiction of courts,
2
paroling authorities, corrections or other criminal justice
3
agencies which will promulgate rules to achieve the purpose
4
of this compact; ensure an opportunity for input and timely
5
notice to victims and to jurisdictions where defined
6
offenders are authorized to travel or to relocate across
7
state lines; establish a system of uniform data collection,
8
access to information on active cases, subject to state
9
laws, by authorized criminal justice officials and regular
10 reporting of compact activities to
heads of state councils,
11 state executive, judicial and
legislative branches and
12 criminal justice administrators;
monitor compliance with
13 rules governing interstate movement
of offenders and
14 initiate interventions to address
and correct
15 noncompliance; and coordinate
training and education
16 regarding regulations of interstate
movement of offenders
17 for officials involved in such
activity.
18
19 (b) The
compacting states recognize that there is no
20 "right" of any offender to
live in another state and that
21 duly accredited officers of a
sending state may at all
22 times enter a receiving state and
there apprehend and
23 retake any offender under
supervision subject to the
24 provisions of state laws, this
compact and bylaws and rules
Page 5
1
promulgated hereunder. It is the policy of the compacting
2
states that the activities conducted by the interstate
3
commission created herein are the formation of public
4
policies and are therefore public business.
5
6 Article II
7 Definitions
8
9 (a) As used in this compact,
unless the context
10 clearly requires a different
construction:
11
12 (i) "Adult"
means both individuals legally
13 classified as adults and juveniles
treated as adults by
14 court order, statute or operation of
law;
15
16 (ii) "By-laws"
mean those by-laws established by
17 the interstate commission for its
governance or for
18 directing or controlling the
interstate commission's
19 actions or conduct;
20
21 (iii) "Compact
administrator" means the
22 individual in each compacting state
appointed pursuant to
23 the terms of this compact
responsible for the
24 administration and management of the
state's supervision
Page 6
1 and
transfer of offenders subject to the terms of this
2
compact, the rules adopted by the interstate commission and
3
policies adopted by the state council under this compact;
4
5 (iv) "Compacting
state" means any state which
6
has enacted the enabling legislation for this compact;
7
8 (v) "Commissioner"
means the voting
9
representative of each compacting state appointed pursuant
10 to Article III of this compact;
11
12 (vi) "Interstate
commission" means the
13 interstate commission for adult
offender supervision
14 established by this compact;
15
16 (vii) "Member"
means the commissioner of a
17 compacting state or designee, who
shall be a person
18 officially connected with the
commissioner;
19
20 (viii) "Noncompacting
state" means any state
21 which has not enacted the enabling
legislation for this
22 compact;
23
Page 7
1 (ix) "Offender"
means an adult placed under, or
2
subject to, supervision as the result of the commission of
3
a criminal offense and released to the community under the
4
jurisdiction of courts, paroling authorities, corrections
5
or other criminal justice agencies;
6
7 (x) "Person"
means any individual, corporation,
8
business enterprise or other legal entity, either public or
9
private;
10
11 (xi) "Rules"
means acts of the interstate
12 commission, duly promulgated
pursuant to Article VIII of
13 this compact, substantially
affecting interested parties in
14 addition to the interstate
commission, which shall have the
15 force and effect of law in the
compacting states;
16
17 (xii) "State" means a state of the
United
18 States, the District of Columbia and
any other territorial
19 possessions of the United States;
and
20
21 (xiii) "State
council" means the resident
22 members of the state council for
interstate adult offender
23 supervision created by each state
under Article III of this
24 compact.
Page 8
1 Article III
2 The Compact Commission
3
4 (a) The compacting states
hereby create the
5
"interstate commission for adult offender supervision."
6
The interstate commission shall be a body corporate and
7
joint agency of the compacting states. The interstate
8
commission shall have all the responsibilities, powers and
9
duties set forth herein, including the power to sue and be
10 sued and such additional powers as
may be conferred upon it
11 by subsequent action of the
respective legislatures of the
12 compacting states in accordance with
the terms of this
13 compact.
14
15 (b) The
interstate commission shall consist of
16 commissioners selected and appointed
by resident members of
17 a state council for interstate adult
offender supervision
18 for each state.
19
20 (c) In
addition to the commissioners who are the
21 voting representatives of each
state, the interstate
22 commission shall include individuals
who are not
23 commissioners but who are members of
interested
24 organizations; such noncommissioner
members must include a
Page 9
1
member of the national organizations of governors,
2
legislators, state chief justices, attorneys general and
3
crime victims. All noncommissioner members of the
4
interstate commission shall be ex-officio (nonvoting)
5
members. The interstate commission may provide in its by-
6
laws for such additional, ex-officio, nonvoting members as
7
it deems necessary.
8
9 (d) Each compacting state
represented at any meeting
10 of the interstate commission is
entitled to one (1) vote. A
11 majority of the compacting states
shall constitute a quorum
12 for the transaction of business,
unless a larger quorum is
13 required by the by-laws of the
interstate commission. The
14 interstate commission shall meet at
least once each
15 calendar year. The chairperson may
call additional meetings
16 and, upon the request of
twenty-seven (27) or more
17 compacting states, shall call
additional meetings. Public
18 notice shall be given of all
meetings and meetings shall be
19 open to the public.
20
21 (e) The
interstate commission shall establish an
22 executive committee which shall
include commission
23 officers, members and others as
shall be determined by the
24 by-laws. The executive committee
shall have the power to
Page 10
1 act
on behalf of the interstate commission during periods
2
when the interstate commission is not in session, with the
3
exception of rulemaking and amendment to the compact. The
4
executive committee oversees the day-to-day activities
5
managed by the executive director and interstate commission
6
staff; administers enforcement and compliance with the
7
provisions of the compact, its by-laws and as directed by
8
the interstate commission and performs other duties as
9
directed by the interstate commission or set forth in the
10 by-laws.
11
12 Article IV
13 The State Council
14
15 Each member state shall
create a state council for
16 interstate adult offender
supervision which shall be
17 responsible for the appointment of
the commissioner who
18 shall serve on the interstate
commission from that state.
19 Each state council shall appoint as
its commissioner the
20 compact administrator from that
state to serve on the
21 interstate commission in such
capacity under or pursuant to
22 applicable law of the member state.
While each member state
23 may determine the membership of its
own state council, its
24 membership must include at least one
(1) representative
Page 11
1 from the legislative, judicial and executive branches of
2
government, victims groups and compact administrators. Each
3
compacting state retains the right to determine the
4
qualifications of the compact administrator who shall be
5
appointed by the governor in consultation with the
6
legislature and the judiciary. In addition to appointment
7
of its commissioner to the national interstate commission,
8
each state council shall exercise oversight and advocacy
9
concerning its participation in interstate commission
10 activities and other duties as may
be determined by each
11 member state, including but not
limited to, development of
12 policy concerning operations and
procedures of the compact
13 within that state.
14
15 Article V
16 Powers and Duties of the Interstate Commission
17
18 (a) The
interstate commission shall have the
19 following powers:
20
21 (i) To
adopt a seal and suitable by-laws
22 governing the management and
operation of the interstate
23 commission;
24
Page 12
1 (ii) To promulgate rules
which shall have the
2
force and effect of statutory law and shall be binding in
3
the compacting states to the extent and in the manner
4
provided in this compact;
5
6 (iii) To oversee,
supervise and coordinate the
7
interstate movement of offenders subject to the terms of
8
this compact and any by-laws adopted and rules promulgated
9
by the compact commission;
10
11 (iv) To
enforce compliance with compact
12 provisions, interstate commission
rules and by-laws, using
13 all necessary and proper means,
including but not limited
14 to, the use of judicial process;
15
16 (v) To establish and maintain offices;
17
18 (vi) To
purchase and maintain insurance and
19 bonds;
20
21 (vii) To
borrow, accept or contract for services
22 of personnel, including but not
limited to, members and
23 their staffs;
24
Page 13
1 (viii) To establish and
appoint committees and
2
hire staff which it deems necessary for the carrying out of
3
its functions including, but not limited to, an executive
4
committee as required by Article III which shall have the
5
power to act on behalf of the interstate commission in
6
carrying out its powers and duties hereunder;
7
8 (ix) To elect or appoint
such officers,
9
attorneys, employees, agents or consultants and to fix
10 their compensation, define their duties
and determine their
11 qualifications; and to establish the
interstate
12 commission's personnel policies and
programs relating to,
13 among other things, conflicts of
interest, rates of
14 compensation and qualifications of
personnel;
15
16 (x) To
accept any and all donations and grants
17 of money, equipment, supplies,
materials and services and
18 to receive, utilize and dispose of
same;
19
20 (xi) To
lease, purchase, accept contributions or
21 donations of, or otherwise to own,
hold, improve or use any
22 property, real, personal or mixed;
23
Page 14
1 (xii) To sell, convey,
mortgage, pledge, lease,
2
exchange, abandon or otherwise dispose of any property,
3
real, personal or mixed;
4
5 (xiii) To establish a
budget and make
6
expenditures and levy dues as provided in Article X of this
7
compact;
8
9 (xiv) To sue and be sued;
10
11 (xv) To
provide for dispute resolution among
12 compacting states;
13
14 (xvi) To
perform such functions as may be
15 necessary or appropriate to achieve
the purposes of this
16 compact;
17
18 (xvii) To
report annually to the legislatures,
19 governors, judiciary and state
councils of the compacting
20 states concerning the activities of
the interstate
21 commission during the preceding
year. Such reports shall
22 also include any recommendations
that may have been adopted
23 by the interstate commission;
24
Page 15
1 (xviii) To coordinate
education, training and
2
public awareness regarding the interstate movement of
3
offenders for officials involved in such activity; and
4
5 (xix) To establish
uniform standards for the
6
reporting, collecting and exchanging of data.
7
8 Article VI
9 Organization and Operation of the Interstate Commission
10
11 (a) Section
A. By-laws. The interstate commission
12 shall, by a majority of the members,
within twelve (12)
13 months of the first interstate
commission meeting, adopt
14 by-laws to govern its conduct as may
be necessary or
15 appropriate to carry out the
purposes of the compact,
16 including, but not limited to: establishing the fiscal
17 year of the interstate commission;
establishing an
18 executive committee, such other
committees as may be
19 necessary and providing reasonable
standards and
20 procedures:
21
22 (i) For the establishment of committees;
23
Page 16
1 (ii) Governing any
general or specific
2
delegation of any authority or function of the interstate
3
commission;
4
5 (iii) Providing
reasonable procedures for
6
calling and conducting meetings of the interstate
7
commission and ensuring reasonable notice of each such
8
meeting; establishing the titles and responsibilities of
9
the officers of the interstate commission; providing
10 reasonable standards and procedures
for the establishment
11 of the personnel policies and
programs of the interstate
12 commission. Notwithstanding any
civil service or other
13 similar laws of any compacting
state, the by-laws shall
14 exclusively govern the personnel
policies and programs of
15 the interstate commission;
16
17 (iv) Providing
a mechanism for winding up the
18 operations of the interstate commission
and the equitable
19 return of any surplus funds that may
exist upon the
20 termination of the compact after the
payment and reserving
21 of all of its debts and obligations;
22
23 (v) Providing
transition rules for "start up"
24 administration of the compact; and
Page 17
1
2 (vi) Establishing
standards and procedures for
3
compliance and technical assistance in carrying out the
4
compact.
5
6 (b) Section B. Officers and staff:
7
8 (i) The interstate
commission shall, by a
9
majority of the members, elect from among its members a
10 chairperson and a vice chairperson,
each of whom shall have
11 such authorities and duties as may
be specified in the by-
12 laws. The chairperson or, in his or
her absence or
13 disability, the vice chairperson,
shall preside at all
14 meetings of the interstate
commission. The officers so
15 elected shall serve without
compensation or remuneration
16 from the interstate commission;
provided that, subject to
17 the availability of budgeted funds,
the officers shall be
18 reimbursed for any actual and
necessary costs and expenses
19 incurred by them in the performance
of their duties and
20 responsibilities as officers of the
interstate commission;
21
22 (ii) The
interstate commission shall, through
23 its executive committee, appoint or
retain an executive
24 director for such period, upon such
terms and conditions
Page 18
1 and
for such compensation as the interstate commission may
2
deem appropriate. The executive director shall serve as
3
secretary to the interstate commission, and hire and
4
supervise such other staff as may be authorized by the
5
interstate commission, but shall not be a member.
6
7 (c) Section C. Corporate
records of the interstate
8
commission. The interstate commission shall maintain its
9
corporate books and records in accordance with the by-laws.
10
11 (d) Section
D. Qualified immunity, defense and
12 indemnification:
13
14 (i) The
members, officers, executive director
15 and employees of the interstate
commission shall be immune
16 from suit and liability, either
personally or in their
17 official capacity, for any claim for
damage to or loss of
18 property or personal injury or other
civil liability caused
19 or arising out of any actual or
alleged act, error or
20 omission that occurred within the
scope of interstate
21 commission employment, duties or
responsibilities;
22 provided, that nothing in this
paragraph shall be construed
23 to protect any such person from suit
and liability for any
24 damage, loss, injury or liability
caused by the intentional
Page 19
1 or
willful and wanton misconduct of any such person. The
2
interstate commission shall defend the commissioner of a
3
compacting state, or his representatives or employees or
4
the interstate commission's representatives or employees,
5
in any civil action seeking to impose liability, arising
6
out of any actual or alleged act, error or omission that
7
occurred within the scope of interstate commission
8
employment, duties or responsibilities or that the
9
defendant had a reasonable basis for believing occurred
10 within the scope of interstate
commission employment,
11 duties or responsibilities;
provided, that the actual or
12 alleged act, error or omission did
not result from
13 intentional wrongdoing on the part
of such person;
14
15 (ii) The
interstate commission shall indemnify
16 and hold the commissioner of a
compacting state, the
17 appointed designee or employees or
the interstate
18 commission's representatives or
employees, harmless in the
19 amount of any settlement or judgment
obtained against such
20 persons arising out of any actual or
alleged act, error or
21 omission that occurred within the
scope of interstate
22 commission employment, duties or
responsibilities, or that
23 such persons had a reasonable basis
for believing occurred
24 within the scope of interstate
commission employment,
Page 20
1
duties or responsibilities, provided, that the actual or
2
alleged act, error or omission did not result from gross
3
negligence or intentional wrongdoing on the part of such
4
person.
5
6 Article VII
7 Activities of the Interstate Commission
8
9 (a) The interstate commission
shall meet and take
10 such actions as are consistent with
the provisions of this
11 compact.
12
13 (b) Except
as otherwise provided in this compact and
14 unless a greater percentage is
required by the by-laws, in
15 order to constitute an act of the
interstate commission,
16 such act shall have been taken at a
meeting of the
17 interstate commission and shall have
received an
18 affirmative vote of a majority of
the members present.
19
20 (c) Each
member of the interstate commission shall
21 have the right and power to cast a
vote to which that
22 compacting state is entitled and to
participate in the
23 business and affairs of the
interstate commission. A member
24 shall vote in person on behalf of
the state and shall not
Page 21
1
delegate a vote to another member state. However, a state
2
council shall appoint another authorized representative, in
3
the absence of the commissioner from that state, to cast a
4
vote on behalf of the member state at a specified meeting.
5
The by-laws may provide for members' participation in
6
meetings by telephone or other means of telecommunication
7
or electronic communication. Any voting conducted by
8
telephone or other means of telecommunication or electronic
9
communication shall be subject to the same quorum
10 requirements of meetings where
members are present in
11 person.
12
13 (d) The
interstate commission shall meet at least
14 once during each calendar year. The
chairperson of the
15 interstate commission may call
additional meetings at any
16 time and, upon the request of a
majority of the members,
17 shall call additional meetings.
18
19 (e) The
interstate commission's by-laws shall
20 establish conditions and procedures
under which the
21 interstate commission shall make its
information and
22 official records available to the
public for inspection or
23 copying. The interstate commission
may exempt from
24 disclosure any information or
official records to the
Page 22
1
extent they would adversely affect personal privacy rights
2
or proprietary interests. In promulgating such rules, the
3
interstate commission may make available to law enforcement
4
agencies records and information otherwise exempt from
5
disclosure, and may enter into agreements with law
6
enforcement agencies to receive or exchange information or
7
records subject to nondisclosure and confidentiality
8
provisions.
9
10 (f) Public
notice shall be given of all meetings and
11 all meetings shall be open to the
public, except as set
12 forth in the rules or as otherwise
provided in the compact.
13 The interstate commission shall
promulgate rules consistent
14 with the principles contained in the
"Government in
15 Sunshine Act", 5 U.S.C. §
552(b), as may be amended. The
16 interstate commission and any of its
committees may close a
17 meeting to the public where it
determines by two-thirds
18 (2/3) vote that an open meeting
would be likely to:
19
20 (i) Relate
solely to the interstate commission's
21 internal personnel practices and
procedures;
22
23 (ii) Disclose
matters specifically exempted from
24 disclosure by statute;
Page 23
1
2 (iii) Disclose trade
secrets or commercial or
3
financial information which is privileged or confidential;
4
5 (iv) Involve accusing any
person of a crime or
6
formally censuring any person;
7
8 (v) Disclose information
of a personal nature
9
where disclosure would constitute a clearly unwarranted
10 invasion of personal privacy;
11
12 (vi) Disclose
investigatory records compiled for
13 law enforcement purposes;
14
15 (vii) Disclose
information contained in or
16 related to examination, operating or
condition reports
17 prepared by, or on behalf of or for
the use of, the
18 interstate commission with respect
to a regulated entity
19 for the purpose of regulation or
supervision of such
20 entity;
21
22 (viii) Disclose
information, the premature
23 disclosure of which would
significantly endanger the life
24 of a person or the stability of a
regulated entity; or
Page 24
1
2 (ix) Specifically relate
to the interstate
3
commission's issuance of a subpoena or its participation in
4
a civil action or proceeding.
5
6 (g) For every meeting closed
pursuant to this
7
provision, the interstate commission's chief legal officer
8
shall publicly certify that, in his opinion, the meeting
9
may be closed to the public and shall reference each
10 relevant exemptive provision. The
interstate commission
11 shall keep minutes which shall fully
and clearly describe
12 all matters discussed in any meeting
and shall provide a
13 full and accurate summary of any
actions taken and the
14 reasons therefore, including a
description of each of the
15 views expressed on any item and the
record of any roll call
16 vote (reflected in the vote of each
member on the
17 question). All documents considered
in connection with any
18 action shall be identified in such
minutes.
19
20 (h) The
interstate commission shall collect
21 standardized data concerning the
interstate movement of
22 offenders as directed through its
by-laws and rules which
23 shall specify the data to be
collected, the means of
24 collection and data exchange and
reporting requirements.
Page 25
1
2 Article VIII
3 Rulemaking Functions of the Interstate Commission
4
5 (a) The interstate commission
shall promulgate rules
6
in order to effectively and efficiently achieve the
7
purposes of the compact including transition rules
8
governing administration of the compact during the period
9
in which it is being considered and enacted by the states;
10
11 (b) Rulemaking
shall occur pursuant to the criteria
12 set forth in this article and the
by-laws and rules adopted
13 pursuant thereto. Such rulemaking
shall substantially
14 conform to the principles of the
federal Administrative
15 Procedure Act, 5 U.S.C.S. § 551 et
seq., and the Federal
16 Advisory Committee Act, 5 U.S.C.S.
app. 2, § 1 et seq., as
17 may be amended (hereinafter
"APA"). All rules and
18 amendments shall become binding as
of the date specified in
19 each rule or amendment.
20
21 (c) If
a majority of the legislatures of the
22 compacting states rejects a rule, by
enactment of a statute
23 or resolution in the same manner
used to adopt the compact,
Page 26
1
then such rule shall have no further force and effect in
2
any compacting state.
3
4 (d) When promulgating a rule,
the interstate
5
commission shall:
6
7 (i) Publish the proposed
rule stating with
8
particularity the text of the rule which is proposed and
9
the reason for the proposed rule:
10
11 (A) Allow
persons to submit written data,
12 facts, opinions and arguments, which
information shall be
13 publicly available;
14
15 (B) Provide
an opportunity for an informal
16 hearing; and
17
18 (C) Promulgate
a final rule and its
19 effective date, if appropriate,
based on the rulemaking
20 record.
21
22 (e) Not
later than sixty (60) days after a rule is
23 promulgated, any interested person
may file a petition in
24 the United States district court for
the District of
Page 27
1
Columbia or in the federal district court where the
2
interstate commission's principal office is located for
3
judicial review of such rule. If the court finds that the
4
interstate commission's action is not supported by
5
substantial evidence, (as defined in the APA), in the
6
rulemaking record, the court shall hold the rule unlawful
7
and set it aside.
8
9 (f) Subjects to be addressed
within twelve (12)
10 months after the first meeting must
at a minimum include:
11
12 (i) Notice
to victims and opportunity to be
13 heard;
14
15 (ii) Offender registration and compliance;
16
17 (iii) Violations/returns;
18
19 (iv) Transfer procedures and forms;
20
21 (v) Eligibility for transfer;
22
23 (vi) Collection
of restitution and fees from
24 offenders;
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1
2 (vii) Data collection and reporting;
3
4 (viii) The level of
supervision to be provided
5
by the receiving state;
6
7 (ix) Transition rules
governing the operation of
8
the compact and the interstate commission during all or
9
part of the period between the effective date of the
10 compact and the date on which the
last eligible state
11 adopts the compact; and
12
13 (x) Mediation,
arbitration and dispute
14 resolution.
15
16 (g) The
existing rules governing the operation of the
17 previous compact superceded by this
act shall be null and
18 void twelve (12) months after the
first meeting of the
19 interstate commission created
hereunder.
20
21 (h) Upon
determination by the interstate commission
22 that an emergency exists, it may
promulgate an emergency
23 rule which shall become effective
immediately upon
24 adoption, provided that the usual
rulemaking procedures
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1
provided hereunder shall be retroactively applied to said
2
rule as soon as reasonably possible, in no event later than
3
ninety (90) days after the effective date of the rule.
4
5 Article IX
6 Oversight, Enforcement and
Dispute Resolution by the
7
Interstate
Commission
8
9 (a) Section A. Oversight:
10
11 (i) The
interstate commission shall oversee the
12 interstate movement of adult
offenders in the compacting
13 states and shall monitor such
activities being administered
14 in noncompacting states which may
significantly affect
15 compacting states;
16
17 (ii) The
courts and executive agencies in each
18 compacting state shall enforce this
compact and shall take
19 all actions necessary and
appropriate to effectuate the
20 compact's purposes and intent. In
any judicial or
21 administrative proceeding in a
compacting state pertaining
22 to the subject matter of this
compact which may affect the
23 powers, responsibilities or actions
of the interstate
24 commission, the interstate
commission shall be entitled to
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1
receive all service of process in any such proceeding and
2
shall have standing to intervene in the proceeding for all
3
purposes.
4
5 (b) Section B. Dispute resolution:
6
7 (i) The compacting states
shall report to the
8
interstate commission on issues or activities of concern to
9
them and cooperate with and support the interstate
10 commission in the discharge of its
duties and
11 responsibilities;
12
13 (ii) The
interstate commission shall attempt to
14 resolve any disputes or other issues
which are subject to
15 the compact and which may arise
among compacting states and
16 noncompacting states;
17
18 (iii) The
interstate commission shall enact a
19 by-law or promulgate a rule
providing for both mediation
20 and binding dispute resolution for
disputes among the
21 compacting states.
22
23 (c) Section C. Enforcement.
24
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1 The interstate commission, in the reasonable exercise of
2
its discretion, shall enforce the provisions of this
3
compact using any or all means set forth in Article XII,
4
section B, of this compact.
5
6 Article X
7 Finance
8
9 (a) The interstate commission
shall pay or provide
10 for the payment of the reasonable
expenses of its
11 establishment, organization and
ongoing activities.
12
13 (b) The
interstate commission shall levy on and
14 collect an annual assessment from
each compacting state to
15 cover the cost of the internal
operations and activities of
16 the interstate commission and its
staff which must be in a
17 total amount sufficient to cover the
interstate
18 commission's annual budget as
approved each year. The
19 aggregate annual assessment amount
shall be allocated based
20 upon a formula to be determined by
the interstate
21 commission, taking into
consideration the population of the
22 state and the volume of interstate
movement of offenders in
23 each compacting state and shall
promulgate a rule binding
24 upon all compacting states which
governs said assessment.
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1
2 (c) The interstate commission
shall not incur any
3
obligations of any kind prior to securing the funds
4
adequate to meet the same; nor shall the interstate
5
commission pledge the credit of any of the compacting
6
states, except by and with the authority of the compacting
7
state.
8
9 (d) The interstate commission
shall keep accurate
10 accounts of all receipts and
disbursements. The receipts
11 and disbursements of the interstate
commission shall be
12 subject to the audit and accounting
procedures established
13 under its by-laws. However, all
receipts and disbursements
14 of funds handled by the interstate
commission shall be
15 audited yearly by a certified or
licensed public accountant
16 and the report of the audit shall be
included in and become
17 part of the annual report of the
interstate commission.
18
19 Article XI
20 Compacting States, Effective Date and Amendment
21
22 (a) Any
state, as defined in article II of this
23 compact, is eligible to become a
compacting state. The
24 compact shall become effective and
binding upon legislative
Page 33
1
enactment of the compact into law by no less than thirty-
2
five (35) of the states. The initial effective date shall
3
be the later of July 1, 2001, or upon enactment into law by
4
the thirty-fifth jurisdiction. Thereafter it shall become
5
effective and binding, as to any other compacting state,
6
upon enactment of the compact into law by that state. The
7
governors of nonmember states or their designees will be
8
invited to participate in interstate commission activities
9
on a nonvoting basis prior to adoption of the compact by
10 all states and territories of the
United States.
11
12 (b) Amendments to the compact
may be proposed by the
13 interstate commission for enactment
by the compacting
14 states. No amendment shall become
effective and binding
15 upon the interstate commission and the
compacting states
16 unless and until it is enacted into
law by unanimous
17 consent of the compacting states.
18
19 Article XII
20 Withdrawal, Default, Termination and Judicial Enforcement
21
22 (a) Section A. Withdrawal:
23
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1 (i) Once effective, the
compact shall continue
2
in force and remain binding upon each and every compacting
3
state; provided, that a compacting state may withdraw from
4
the compact ("withdrawing state") by enacting a statute
5
specifically repealing the statute which enacted the
6
compact into law;
7
8 (ii) The effective date
of withdrawal is the
9
effective date of the repeal;
10
11 (iii) The
withdrawing state shall immediately
12 notify the chairperson of the
interstate commission in
13 writing upon the introduction of
legislation repealing this
14 compact in the withdrawing state.
The interstate commission
15 shall notify the other compacting
states of the withdrawing
16 state's intent to withdraw within
sixty (60) days of its
17 receipt thereof;
18
19 (iv) The
withdrawing state is responsible for
20 all assessments, obligations and
liabilities incurred
21 through the effective date of
withdrawal, including any
22 obligations, the performance of
which extend beyond the
23 effective date of withdrawal;
24
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1 (v) Reinstatement
following withdrawal of any
2
compacting state shall occur upon the withdrawing state
3
reenacting the compact or upon such later date as
4
determined by the interstate commission.
5
6 (b) Section B. Default:
7
8 (i) If the interstate
commission determines that
9
any compacting state has at any time defaulted ("defaulting
10 state") in the performance of
any of its obligations or
11 responsibilities under this compact,
the by-laws or any
12 duly promulgated rules, the
interstate commission may
13 impose any or all of the following
penalties:
14
15 (A) Fines,
fees and costs in such amounts
16 as are deemed to be reasonable as
fixed by the interstate
17 commission;
18
19 (B) Remedial
training and technical
20 assistance as directed by the
interstate commission;
21 suspension and termination of
membership in the compact.
22 Suspension shall be imposed only
after all other reasonable
23 means of securing compliance under
the by-laws and rules
24 have been exhausted. Immediate
notice of suspension shall
Page 36
1 be
given by the interstate commission to the governor, the
2
chief justice or chief judicial officer of the state, the
3
majority and minority leaders of the defaulting state's
4
legislature and the state council.
5
6 (ii) The grounds for
default include, but are
7
not limited to, failure of a compacting state to perform
8
such obligations or responsibilities imposed upon it by
9
this compact, interstate commission by-laws or duly
10 promulgated rules. The interstate
commission shall
11 immediately notify the defaulting
state in writing of the
12 penalty imposed by the interstate
commission on the
13 defaulting state pending a cure of
the default. The
14 interstate commission shall
stipulate the conditions and
15 the time period within which the
defaulting state must cure
16 its default. If the defaulting state
fails to cure the
17 default within the time period
specified by the interstate
18 commission, in addition to any other
penalties imposed
19 herein, the defaulting state may be
terminated from the
20 compact upon an affirmative vote of
a majority of the
21 compacting states and all rights,
privileges and benefits
22 conferred by this compact shall be
terminated from the
23 effective date of suspension. Within
sixty (60) days of the
24 effective date of termination of a
defaulting state, the
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1
interstate commission shall notify the governor, the chief
2
justice or chief judicial officer, the majority and
3
minority leaders of the defaulting state's legislature and
4
the state council of such termination;
5
6 (iii) The defaulting
state is responsible for
7
all assessments, obligations and liabilities incurred
8
through the effective date of termination including any
9
obligations, the performance of which extends beyond the
10 effective date of termination;
11
12 (iv) The
interstate commission shall not bear
13 any costs relating to the defaulting
state unless otherwise
14 mutually agreed upon between the
interstate commission and
15 the defaulting state. Reinstatement
following termination
16 of any compacting state requires
both a reenactment of the
17 compact by the defaulting state and
the approval of the
18 interstate commission pursuant to
the rules.
19
20 (c) Section
C. Judicial enforcement. The interstate
21 commission may, by majority vote of
the members, initiate
22 legal action in the United States
district court for the
23 District of Columbia or, at the
discretion of the
24 interstate commission, in the
federal district where the
Page 38
1
interstate commission has its offices to enforce compliance
2
with the provisions of the compact, its duly promulgated
3
rules and by-laws, against any compacting state in default.
4
In the event judicial enforcement is necessary, the
5
prevailing party shall be awarded all costs of such
6
litigation including reasonable attorneys fees.
7
8 (d) Section D. Dissolution of compact:
9
10 (i) The
compact dissolves effective upon the
11 date of the withdrawal or default of
the compacting state
12 which reduces membership in the
compact to one (1)
13 compacting state;
14
15 (ii) Upon
the dissolution of this compact, the
16 compact becomes null and void and
shall be of no further
17 force or effect, the business and
affairs of the interstate
18 commission shall be wound up and any
surplus funds shall be
19 distributed in accordance with the
by-laws.
20
21 Article XIII
22 Severability and Construction
23
Page 39
1 (a) The provisions of this
compact shall be
2
severable, and if any phrase, clause, sentence or provision
3
is deemed unenforceable, the remaining provisions of the
4
compact shall be enforceable.
5
6 (b) The provisions of this
compact shall be liberally
7
constructed to effectuate its purposes.
8
9 Article XIV
10 Binding Effect of Compact and Other Laws
11
12 (a) Section A. Other laws:
13
14 (i) Nothing
herein prevents the enforcement of
15 any other law of a compacting state
that is not
16 inconsistent with this compact;
17
18 (ii) All
compacting states' laws conflicting
19 with this compact are superseded to the
extent of the
20 conflict.
21
22 (b) Section B. Binding effect of the compact:
23
Page 40
1 (i) All lawful actions of
the interstate
2
commission, including all rules and by-laws promulgated by
3
the interstate commission, are binding upon the compacting
4
states;
5
6 (ii) All agreements between
the interstate
7
commission and the compacting states are binding in
8
accordance with their terms;
9
10 (iii) Upon
the request of a party to a conflict
11 over meaning or interpretation of
interstate commission
12 actions and upon a majority vote of
the compacting states,
13 the interstate commission may issue
advisory opinions
14 regarding such meaning or
interpretation;
15
16 (iv) In
the event any provision of this compact
17 exceeds the constitutional limits
imposed on the
18 legislature of any compacting state,
the obligations,
19 duties, powers or jurisdiction
sought to be conferred by
20 such provision upon the interstate
commission shall be
21 ineffective and the obligations,
duties, powers or
22 jurisdiction shall remain in the
compacting state and shall
23 be exercised by the agency thereof
to which such
24 obligations, duties, powers or
jurisdiction are delegated
Page 41
1 by
law in effect at the time this compact becomes
2
effective.
3
4 Section 3. The act will be effective the later of
5
July 1, 2001 or upon enactment of the Interstate Compact
6
for Adult Offender Supervision into law by the thirty-fifth
7
jurisdiction.
8
9 (END)
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