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 

13         Section 1.  Preamble

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

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 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

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 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

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 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

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 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

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 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

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 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 

 

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 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.

 

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 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

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 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

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 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

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 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 

 

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 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 

 

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 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 

 

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 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 

 

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 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 

 

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 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

 

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 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

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 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

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 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,

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 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

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 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

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 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;

 

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 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

 

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 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.

 

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 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,

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 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

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 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;

 

Page 28

 

 

 

 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

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 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 

 

Page 35

 

 

 

 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)

 

Page 42