HB0090 - Compact-adult offenders.
2001 |
State of Wyoming |
01LSO-0330 |
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 by authorized
9
criminal justice officials and regular reporting of compact
10 activities to heads of state councils, state
executive,
11 judicial and legislative branches and
criminal justice
12 administrators; monitor compliance with
rules governing
13 interstate movement of offenders and
initiate interventions
14 to address and correct noncompliance; and
coordinate
15 training and education regarding regulations
of interstate
16 movement of offenders for officials involved
in such
17 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 this compact and bylaws and
rules promulgated
Page 5
1
hereunder. It is the policy of the compacting states that
2 the
activities conducted by the interstate commission
3
created herein are the formation of public policies and are
4
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 state council or by the governor in
6
consultation with the legislature and the judiciary. In
7
addition to appointment of its commissioner to the national
8 interstate
commission, each state council shall exercise
9
oversight and advocacy concerning its participation in
10 interstate commission activities and other
duties as may be
11 determined by each member state, including
but not limited
12 to, development of policy concerning
operations and
13 procedures of the compact 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
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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
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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
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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
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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
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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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