CHAPTER 4.5. INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
IC 11-13-4.5
Chapter 4.5. Interstate Compact for Adult Offender Supervision
IC 11-13-4.5-1
Interstate compact
Sec. 1. The governor shall enter into a compact on behalf of thestate with any other state in the form substantially as follows:
ARTICLE I
DEFINITIONS
As used in this compact, unless the context clearly requires adifferent construction:
(1) "Adult" means both individuals legally classified as adultsand juveniles treated as adults by court order, statute, oroperation of law.
(2) "Bylaws" mean those bylaws established by the interstatecommission for its governance or for directing or controllingthe interstate commission's actions or conduct.
(3) "Compact administrator" means the individual in eachcompacting state appointed under the terms of this compactresponsible for the administration and management of the state'ssupervision and transfer of offenders subject to the terms of thiscompact, the rules adopted by the interstate commission, andpolicies adopted by the state council under this compact.
(4) "Compacting state" means any state that has enacted theenabling legislation for this compact.
(5) "Commissioner" means the voting representative of eachcompacting state appointed under Article II of this compact.
(6) "Interstate commission" means the interstate commission foradult offender supervision established by this compact.
(7) "Member" means the commissioner of a compacting state ordesignee, who shall be a person officially connected with thecommissioner.
(8) "Non-compacting state" means any state that has not enactedthe enabling legislation for this compact.
(9) "Offender" means an adult placed under or subject tosupervision as the result of the commission of a criminaloffense and released to the community under the jurisdiction ofcourts, paroling authorities, corrections, or other criminaljustice agencies.
(10) "Person" means any individual, corporation, businessenterprise, or other legal entity, either public or private.
(11) "Rules" means acts of the interstate commission, adoptedunder Article VIII of this compact, substantially affectinginterested parties in addition to the interstate commission.
(12) "State" means a state of the United States, the District ofColumbia, or any other territorial possession of the UnitedStates.
(13) "State council" means the resident members of the statecouncil for interstate adult offender supervision created by eachstate under Article II of this compact.
ARTICLE II
THE COMPACT COMMISSION
(1) The interstate commission for adult offender supervision isestablished.
(2) The interstate commission is a body corporate and jointagency of the compacting states. The interstate commission hasall the responsibilities, powers, and duties set forth in thischapter, including the power to sue and be sued, and suchadditional powers as may be conferred upon it by subsequentaction of the respective legislatures of the compacting states inaccordance with the terms of this compact.
(3) The interstate commission consists of commissionersselected and appointed by resident members of a state councilfor interstate adult offender supervision for each state. Inaddition to the commissioners, who are the votingrepresentatives of each state, the interstate commission shallinclude individuals who are not commissioners but who aremembers of interested organizations; such non-commissionermembers must include a member of the national organizationsof governors, legislators, state chief justices, attorneys general,and crime victims. All non-commissioner members of theinterstate commission are ex officio nonvoting members. Theinterstate commission may provide in its bylaws for suchadditional, ex officio, nonvoting members as it considersnecessary.
(4) Each compacting state represented at any meeting of theinterstate commission is entitled to one (1) vote. A majority ofthe compacting states constitute a quorum for the transaction ofbusiness, unless a larger quorum is required by the bylaws ofthe interstate commission.
(5) The interstate commission shall meet at least once eachcalendar year. The chairperson may call additional meetingsand, upon the request of twenty-seven (27) or more compactingstates, shall call additional meetings. Public notice shall begiven of all meetings, and meetings shall be open to the public.
(6) The interstate commission shall establish an executivecommittee that must include commission officers, members,and others as shall be determined by the bylaws. The executivecommittee has authority to act on behalf of the interstatecommission during periods when the interstate commission isnot in session, with the exception of rulemaking or amendmentto the compact. The executive committee oversees the day today activities managed by the executive director and interstatecommission staff, administers enforcement and compliance withthe provisions of the compact, its bylaws, and as directed by theinterstate commission, and performs other duties as directed bycommission or set forth in the bylaws.
ARTICLE III
THE STATE COUNCIL
Each member state shall create a state council for interstate adult
offender supervision that shall be responsible for the appointment ofthe commissioner who shall serve on the interstate commission fromthat state. Each state council shall appoint as its commissioner thecompact administrator from that state to serve on the interstatecommission in such capacity or under applicable law of the memberstate. Although each member state may determine the membershipof its own state council, its membership must include at least one (1)representative from the legislative, judicial, and executive branchesof government, victims groups, and compact administrators. Eachcompacting state retains the right to determine the qualifications ofthe compact administrator, who shall be appointed by the statecouncil or by the governor in consultation with the general assemblyand the judiciary. In addition to appointment of its commissioner tothe national interstate commission, each state council shall exerciseoversight and advocacy concerning its participation in interstatecommission activities and other duties as may be determined by eachmember state, including but not limited to development of policyconcerning operations and procedures of the compact within thatstate.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
(1) To adopt a seal and suitable bylaws governing themanagement and operation of the interstate commission.
(2) To adopt rules that are binding in the compacting states tothe extent and in the manner provided in this compact.
(3) To oversee, supervise, and coordinate the interstatemovement of offenders, subject to the terms of this compact andany bylaws adopted and rules adopted by the compactcommission.
(4) To enforce compliance with compact provisions, interstatecommission rules, and bylaws, using all necessary and propermeans, including but not limited to the use of judicial process.
(5) To establish and maintain offices.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, or contract for services of personnel,including, but not limited to, members and their staffs.
(8) To establish and appoint committees and hire staff itconsiders necessary for the carrying out of its functions,including, but not limited to, an executive committee asrequired by Article II that may act on behalf of the interstatecommission in carrying out its powers and duties.
(9) To elect or appoint officers, attorneys, employees, agents,or consultants, to fix their compensation, define their duties,and determine their qualifications, and to establish the interstatecommission's personnel policies and programs relating to,among other things, conflicts of interest, rates of compensation,and qualifications of personnel.
(10) To accept donations and grants of money, equipment,supplies, materials, and services and to receive, use, and dispose
of them.
(11) To lease, purchase, accept contributions or donations of, orotherwise own, hold, improve, or use any real, personal, ormixed property.
(12) To sell, convey, mortgage, pledge, lease, exchange,abandon, or otherwise dispose of any real, personal, or mixedproperty.
(13) To establish a budget and make expenditures and levy duesas provided in Article IX of this compact.
(14) To sue and be sued.
(15) To provide for dispute resolution among compacting states.
(16) To perform such functions as may be necessary orappropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures, governors, judiciary,and state councils of the compacting states concerning theactivities of the interstate commission during the precedingyear. Such reports must include any recommendations that mayhave been adopted by the interstate commission.
(18) To coordinate education, training, and public awarenessregarding the interstate movement of offenders for officialsinvolved in such activity.
(19) To establish uniform standards for the reporting,collecting, and exchanging of data.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Part A. Bylaws
The interstate commission shall, by a majority of the members,within twelve (12) months of the first interstate commission meeting,adopt bylaws to govern its conduct as may be necessary orappropriate to carry out the purposes of the compact, including:
(1) establishing the fiscal year of the interstate commission;
(2) establishing an executive committee and such othercommittees as may be necessary;
(3) providing reasonable standards and procedures:
(A) for the establishment of committees; and
(B) governing any general or specific delegation of anyauthority or function of the interstate commission;
(4) providing reasonable procedures for calling and conductingmeetings of the interstate commission and ensuring reasonablenotice of each meeting;
(5) establishing the titles and responsibilities of the officers ofthe interstate commission;
(6) providing reasonable standards and procedures for theestablishment of the personnel policies and programs of theinterstate commission. Notwithstanding any civil service orother similar laws of any compacting state, the bylaws shallexclusively govern the personnel policies and programs of theinterstate commission;
(7) providing a mechanism for winding up the operations of the
interstate commission and the equitable return of any surplusfunds that may exist upon the termination of the compact afterthe payment and reserving of its debts and obligations;
(8) providing transition rules for start up administration of thecompact; and
(9) establishing standards and procedures for compliance andtechnical assistance in carrying out the compact.
Part B. Officers and Staff
(a) The interstate commission, by a majority of the members, shallelect from among its members a chairperson and a vice chairperson,each of whom shall have such authorities and duties as may bespecified in the bylaws. The chairperson or, in the chairperson'sabsence or disability, the vice chairperson, shall preside at allmeetings of the interstate commission. The officers elected shallserve without compensation or remuneration from the interstatecommission. However, subject to the availability of budgeted funds,the officers shall be reimbursed for any actual and necessary costsand expenses incurred by them in the performance of their duties andresponsibilities as officers of the interstate commission.
(b) The interstate commission, through its executive committee,shall appoint or retain an executive director for such time, upon suchterms and conditions, and for such compensation as the interstatecommission may find appropriate. The executive director shall serveas secretary to the interstate commission and hire and supervise suchother staff as may be authorized by the interstate commission, butshall not be a member.
Part C. Corporate Records of the Interstate Commission
The interstate commission shall maintain its corporate books andrecords in accordance with the bylaws.
Part D. Qualified Immunity, Defense, and Indemnification
(a) The members, officers, executive director, and employees ofthe interstate commission are immune from suit and liability, eitherpersonally or in their official capacities, for any claim for damage toor loss of property or personal injury or other civil liability caused orarising out of any actual or alleged act, error, or omission that occurswithin the scope of interstate commission employment, duties, orresponsibilities. However, nothing in this paragraph shall beconstrued to protect any such person from suit or liability for anydamage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.
(b) The interstate commission shall defend the commissioner ofa compacting state, the commissioner's representatives or employees,and the interstate commission's representatives or employees in anycivil action seeking to impose liability arising out of any actual oralleged act, error, or omission that occurs within the scope ofinterstate commission employment, duties, or responsibilities or thatthe defendant has a reasonable basis for believing occurred withinthe scope of interstate commission employment, duties, orresponsibilities, as long as the actual or alleged act, error, oromission did not result from intentional wrongdoing on the part of
the person.
(c) The interstate commission shall indemnify and hold thecommissioner of a compacting state, the appointed designee oremployees, and the interstate commission's representatives oremployees harmless in the amount of any settlement or judgmentobtained against such persons arising out of any actual or alleged act,error, or omission that occurs within the scope of interstatecommission employment, duties, or responsibilities, or that suchpersons had a reasonable basis for believing occurred within thescope of interstate commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, oromission did not result from gross negligence or intentionalwrongdoing on the part of the person.
ARTICLE VI
ACTIVITIES OF THE INTERSTATE COMMISSION
(a) The interstate commission shall meet and take such actions asare consistent with the provisions of this compact. Except asotherwise provided in this compact and unless a greater percentageis required by the bylaws, in order to constitute an act of theinterstate commission, the act shall have been taken at a meeting ofthe interstate commission and shall have received an affirmative voteof a majority of the members present.
(b) Each member of the interstate commission is entitled to casta vote to which that compacting state is entitled and to participate inthe business and affairs of the interstate commission. A member shallvote in person on behalf of the state and shall not delegate a vote toanother member state. However, a state council shall appoint anotherauthorized representative, in the absence of the commissioner fromthat state, to cast a vote on behalf of the member state at a specifiedmeeting. The bylaws may provide for members' participation inmeetings by telephone or other means of telecommunication orelectronic communication. Any voting conducted by telephone orother means of telecommunication or electronic communication shallbe subject to the same quorum requirements of meetings wheremembers are present in person.
(c) The interstate commission shall meet at least once during eachcalendar year. The chairperson of the interstate commission may calladditional meetings at any time and, upon the request of a majorityof the members, shall call additional meetings.
(d) The interstate commission's bylaws shall establish conditionsand procedures under which the interstate commission shall make itsinformation and official records available to the public for inspectionor copying. The interstate commission may exempt from disclosureany information or official records to the extent they would adverselyaffect personal privacy rights or proprietary interests. In adoptingrules, the interstate commission may make available to lawenforcement agencies records and information otherwise exemptfrom disclosure and may enter into agreements with law enforcementagencies to receive or exchange information or records, subject tonondisclosure and confidentiality provisions. (e) Public notice shall be given of all meetings, and all meetingsshall be open to the public, except as set forth in the rules or asotherwise provided in the compact. The interstate commission shalladopt rules consistent with the principles contained in the"Government in Sunshine Act," 5 U.S.C. 552(b), as amended. Theinterstate commission or any of its committees may close a meetingto the public if it determines by two-thirds (2/3) vote that an openmeeting would be likely to:
(1) relate solely to the interstate commission's internalpersonnel practices and procedures;
(2) disclose matters specifically exempted from disclosure bystatute;
(3) disclose trade secrets or commercial or financial informationthat is privileged or confidential;
(4) involve accusing any person of a crime or formallycensuring any person;
(5) disclose information of a personal nature that wouldconstitute a clearly unwarranted invasion of personal privacy;
(6) disclose investigatory records compiled for law enforcementpurposes;
(7) disclose information contained in or related to examination,operating, or condition reports prepared by, on behalf of, or forthe use of the interstate commission with respect to a regulatedentity for the purpose of regulation or supervision of the entity;
(8) disclose information, the premature disclosure of whichwould significantly endanger the life of a person or the stabilityof a regulated entity; or
(9) specifically relate to the interstate commission's issuance ofa subpoena or its participation in a civil action or proceeding.
(f) For every meeting closed under this provision, the interstatecommission's chief legal officer shall publicly certify that, in theofficer's opinion, the meeting may be closed to the public and shallreference each relevant exemptive provision. The interstatecommission shall keep minutes that shall fully and clearly describeall matters discussed in any meeting and that provide a full andaccurate summary of any actions taken and the reasons therefor,including a description of each of the views expressed on any itemand the record of any roll call vote (reflected in the vote of eachmember on the question). All documents considered in connectionwith any action shall be identified in such minutes.
(g) The interstate commission shall collect standardized dataconcerning the interstate movement of offenders as directed throughits bylaws and rules, which must specify the data to be collected, themeans of collection and data exchange, and reporting requirements.
ARTICLE VII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(a) The interstate commission shall adopt rules to effectively andefficiently achieve the purposes of the compact, including transitionrules governing administration of the compact during the period in
which it is being considered and enacted by the states. Rulemakingshall occur under the criteria set forth in this article and the bylawsand rules adopted under this article and the bylaws. Such rulemakingshall substantially conform to the principles of the federalAdministrative Procedure Act, 5 U.S.C. 551 et seq. and the FederalAdvisory Committee Act, 5 U.S.C. app. 2, section 1 et seq., as maybe amended (referred to in this compact as "APA").
(b) All rules and amendments shall become binding as of the datespecified in each rule or amendment.
(c) When adopting a rule, the interstate commission shall:
(1) publish the proposed rule, stating with particularity the textof the rule that is proposed and the reason for the proposed rule;
(2) allow persons to submit written data, facts, opinions, andarguments, which information shall be publicly available;
(3) provide an opportunity for an informal hearing; and
(4) adopt a final rule and its effective date, if appropriate, basedon the rulemaking record.
(d) Not later than sixty (60) days after a rule is adopted, anyinterested person may file a petition in the United States DistrictCourt for the District of Columbia or in the Federal District Courtwhere the interstate commission's principal office is located forjudicial review of the rule. If the court finds that the interstatecommission's action is not supported by substantial evidence (asdefined in the APA) in the rulemaking record, the court shall hold therule unlawful and set it aside. Subjects to be addressed within twelve(12) months after the first meeting must at a minimum include:
(1) notice to victims and opportunity to be heard;
(2) offender registration and compliance;
(3) violations/returns;
(4) transfer procedures and forms;
(5) eligibility for transfer;
(6) collection of restitution and fees from offenders;
(7) data collection and reporting;
(8) the level of supervision to be provided by the receivingstate;
(9) transition rules governing the operation of the compact andthe interstate commission during all or part of the periodbetween the effective date of the compact and the date on whichthe last eligible state adopts the compact; and
(10) mediation, arbitration, and dispute resolution.
(e) Upon determination by the interstate commission that anemergency exists, it may adopt an emergency rule that shall becomeeffective immediately upon adoption. However, the rulemakingprocedures provided under this article shall be applied retroactivelyto the rule as soon as reasonably possible and not later than ninety(90) days after the effective date of the rule.
ARTICLE VIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION BY THE INTERSTATE COMMISSION
Part A. Oversight (a) The interstate commission shall oversee the interstatemovement of adult offenders in the compacting states and shallmonitor such activities being administered in non-compacting statesthat may significantly affect compacting states.
(b) The courts and executive agencies in each compacting stateshall enforce this compact and shall take all actions necessary andappropriate to effectuate the compact's purposes and intent. In anyjudicial or administrative proceeding in a compacting state pertainingto the subject matter of this compact that may affect the powers,responsibilities, or actions of the interstate commission, the interstatecommission shall be entitled to receive all service of process in anysuch proceeding and shall have standing to intervene in theproceeding for all purposes.
Part B. Dispute Resolution
(a) The compacting states shall report to the interstate commissionon issues or activities of concern to them and cooperate with andsupport the interstate commission in the discharge of its duties andresponsibilities.
(b) The interstate commission shall attempt to resolve anydisputes or other issues that are subject to the compact and that mayarise between compacting states and non-compacting states.
(c) The interstate commission shall enact a bylaw or adopt a ruleproviding for both mediation and binding dispute resolution fordisputes among the compacting states.
Part C. Enforcement
The interstate commission, in the reasonable exercise of itsdiscretion, shall enforce this compact using any or all means set forthin Article XI, Part C, of this compact.
ARTICLE IX
FINANCE
(a) The interstate commission shall pay or provide for thepayment of the reasonable expenses of its establishment,organization, and ongoing activities.
(b) The interstate commission shall levy and collect an annualassessment from each compacting state to cover the cost of theinternal operations and activities of the interstate commission and itsstaff that must be in a total amount sufficient to cover the interstatecommission's annual budget as approved each year. The total annualassessment amount shall be allocated based upon a formula to bedetermined by the interstate commission, taking into considerationthe population of the state and the volume of interstate movement ofoffenders in each compacting state, and shall adopt a rule bindingupon all compacting states that governs the assessment.
(c) The interstate commission shall not incur any obligation ofany kind before securing the funds adequate to meet the obligation,nor shall the interstate commission pledge the credit of anycompacting state except by and with the authority of the compactingstate.
(d) The interstate commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the
interstate commission shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the interstate commission shall beaudited yearly by a certified or licensed public accountant, and thereport of the audit shall be included in and become part of the annualreport of the interstate commission.
ARTICLE X
COMPACTING STATES, DATE, AND AMENDMENT
(a) Any state may become a compacting state. The compactbecomes effective and binding upon legislative enactment of thecompact into law by not less than thirty-five (35) states. The initialeffective date shall be the later of July 1, 2001, or upon enactmentinto law by the thirty-fifth jurisdiction. Thereafter, the compact shallbecome effective and binding on any other compacting state uponenactment of the compact into law by that state. The governors ofnonmember states or their designees will be invited to participate ininterstate commission activities on a nonvoting basis before adoptionof the compact by all states and territories of the United States.
(b) Amendments to the compact may be proposed by the interstatecommission for enactment by the compacting states. No amendmentshall become effective and binding upon the interstate commissionand the compacting states unless and until it is enacted into law byunanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
ENFORCEMENT
Part A. Withdrawal
(a) Once effective, the compact continues in force and remainsbinding upon every compacting state. A compacting state maywithdraw from the compact ("withdrawing state") by enacting astatute specifically repealing the statute that enacted the compact intolaw.
(b) The effective date of withdrawal is the effective date of therepeal.
(c) The withdrawing state shall immediately notify thechairperson of the interstate commission in writing upon theintroduction of legislation repealing this compact in the withdrawingstate. The interstate commission shall notify the other compactingstates of the withdrawing state's intent to withdraw within sixty (60)days of its receipt.
(d) The withdrawing state is responsible for all assessments,obligations, and liabilities incurred through the effective date ofwithdrawal, including any obligations the performance of whichextends beyond the effective date of withdrawal.
(e) Reinstatement following withdrawal of any compacting stateshall occur upon the withdrawing state reenacting the compact orupon such later date as determined by the interstate commission.
Part B. Default
(a) If the interstate commission determines that any compactingstate has at any time defaulted ("defaulting state") in the performance
of any of its obligations or responsibilities under this compact, thebylaws, or any adopted rules, the interstate commission may imposeany or all of the following penalties:
(1) Fines, fees, and costs levied upon the county responsible forthe default, or upon the state, if the state is responsible for thedefault, in amounts considered reasonable as fixed by theinterstate commission.
(2) Remedial training and technical assistance as directed by theinterstate commission.
(3) Suspension and termination of membership in the compact.
(b) Suspension shall be imposed only after all other reasonablemeans of securing compliance under the bylaws and rules have beenexhausted. Immediate notice of suspension shall be given by theinterstate commission to the governor, the chief justice or the chiefjudicial officer of the state, the majority and minority leaders of thedefaulting state's legislature, and the state council.
(c) The grounds for default include, but are not limited to, failureof a compacting state to perform such obligations or responsibilitiesimposed upon it by this compact, interstate commission bylaws, oradopted rules. The interstate commission shall immediately notifythe defaulting state in writing of the penalty imposed by the interstatecommission on the defaulting state pending a cure of the default. Theinterstate commission shall stipulate the conditions and the timewithin which the defaulting state must cure its default. If thedefaulting state fails to cure the default within the time specified bythe interstate commission, in addition to any other penalties imposedherein, the defaulting state may be terminated from the compact uponan affirmative vote of a majority of the compacting states, and allrights, privileges, and benefits conferred by this compact shall beterminated from the effective date of suspension.
(d) Within sixty (60) days of the effective date of termination ofa defaulting state, the interstate commission shall notify thegovernor, the chief justice or the chief judicial officer of the state, themajority and minority leaders of the defaulting state's legislature, andthe state council of such termination.
(e) The defaulting state is responsible for all assessments,obligations, and liabilities incurred through the effective date oftermination, including any obligations, the performance of whichextends beyond the effective date of termination.
(f) The interstate commission shall not bear any costs relating tothe defaulting state unless otherwise mutually agreed upon betweenthe interstate commission and the defaulting state. Reinstatementfollowing termination of any compacting state requires both areenactment of the compact by the defaulting state and the approvalof the interstate commission under the rules.
Part C. Judicial Enforcement
The interstate commission may, by majority vote of the members,initiate legal action in the United States District Court for the Districtof Columbia or, at the discretion of the interstate commission, in thefederal district where the interstate commission has its offices, to
enforce compliance with the provisions of the compact and itsadopted rules and bylaws against any compacting state in default oragainst a county if the county is responsible for the default. Ifjudicial enforcement is necessary, the prevailing party shall beawarded all costs of such litigation, including reasonable attorney'sfees.
Part D. Dissolution of Compact
(a) The compact dissolves effective on the date of the withdrawalor default of the compacting state that reduces membership in thecompact to one (1) compacting state.
(b) Upon the dissolution of this compact, the compact becomesvoid and is of no further force or effect, and the business and affairsof the interstate commission shall be wound up and any surplus fundsshall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if anyphrase, clause, sentence, or provision is considered unenforceable,the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally constructedto effectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) All lawful actions of the interstate commission, including allrules and bylaws adopted by the interstate commission, are bindingupon the compacting states. All agreements between the interstatecommission and the compacting states are binding in accordancewith their terms. Upon the request of a party to a conflict overmeaning or interpretation of interstate commission actions, and upona majority vote of the compacting states, the interstate commissionmay issue advisory opinions regarding such meaning orinterpretation.(b) Any provision of this compact that violates the Constitution ofthe State of Indiana is ineffective in Indiana.
As added by P.L.110-2003, SEC.2.
IC 11-13-4.5-2
The state council
Sec. 2. (a) As used in this section, "council" refers to the statecouncil for interstate adult offender supervision described in ArticleII subdivision (3) of this compact.
(b) The council consists of the following members:
(1) The commissioner of the department of correction.
(2) The executive director of the Indiana judicial center.
(3) The executive director of the Indiana criminal justiceinstitute.
(4) One (1) member of a victim's group appointed by thegovernor upon recommendation of the executive director of theIndiana criminal justice institute.
(5) The executive director of the Indiana sheriffs' association. (6) The executive director of the public defender council ofIndiana.
(7) The executive director of the prosecuting attorneys councilof Indiana.
(8) One (1) member of the general assembly appointed by thechairman of the legislative council. The legislative memberserves at the pleasure of the chairman of the legislative council.
(9) The compact administrator, if the compact administrator isnot already a member of the council.
(c) The executive director of the Indiana judicial center shall serveas the chairperson of the council.
(d) The Indiana judicial center shall staff the council.
(e) The council shall meet at the call of the chairperson or uponrequest by a majority of the members, but at least one (1) time percalendar year.
(f) The commissioner of the department of correction shallappoint sufficient deputy compact administrators to fulfill Indiana'sobligations under the interstate compact for adult offendersupervision with respect to out-of-state offenders who are on parole.
(g) The executive director of the Indiana judicial center shallappoint sufficient deputy compact administrators to fulfill Indiana'sobligations under the interstate compact for adult offendersupervision with respect to out-of-state offenders who are onprobation.
(h) The council has the following duties:
(1) The council shall receive the recommendation of thecommissioner of the department of correction and the executivedirector of the Indiana judicial center concerning theappointment of a compact administrator.
(2) The council shall appoint the compact administrator, whoshall serve as commissioner on the interstate commission. If thecompact administrator is unable to serve as commissioner at ameeting of the interstate commission, the council shalldesignate another person to serve in place of the compactadministrator.
(3) The council shall oversee activities of the interstatecommission.
(4) The council may make recommendations concerning theoperation of the interstate compact within Indiana and tofacilitate the implementation of the rules and bylaws adopted bythe interstate commission.
(i) The expenses of the council shall be paid from appropriationsmade to the Indiana judicial center.
(j) Each member of the council who is not a state employee is notentitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is entitled to reimbursement fortraveling expenses as provided under IC 4-13-1-4 and other expensesactually incurred in connection with the member's duties as providedin the state policies and procedures established by the Indianadepartment of administration and approved by the budget agency. (k) Each member of the council who is a state employee but whois not a member of the general assembly is entitled to reimbursementfor traveling expenses as provided under IC 4-13-1-4 and otherexpenses actually incurred in connection with the member's duties asprovided in the state policies and procedures established by theIndiana department of administration and approved by the budgetagency.
(l) Each member of the council who is a member of the generalassembly is entitled to receive the same per diem, mileage, and travelallowances paid to legislative members of interim study committeesestablished by the legislative council. Per diem, mileage, and travelallowances paid under this subsection shall be paid fromappropriations made to the legislative council or the legislativeservices agency.
(m) A member of the council who is a member of the generalassembly serves as a nonvoting member.
(n) The affirmative votes of a majority of the voting membersappointed to the council are required for the committee to take actionon any measure, including making a recommendation.
As added by P.L.110-2003, SEC.2.
IC 11-13-4.5-3
Obligations under the old compact
Sec. 3. The state shall continue to meet its obligations underIC 11-13-4 (the interstate compact for the supervision of parolees andprobationers) to those states that:
(1) continue to meet their obligations to the state of Indianaunder IC 11-13-4; and
(2) have not approved the interstate compact for adultsupervision after this chapter becomes effective.
As added by P.L.110-2003, SEC.2.
IC 11-13-4.5-4
Application fee; expenditure; registration of out-of-state offenders
Sec. 4. (a) Except as provided in subsection (b), an Indianaoffender on probation or parole who applies to be transferred out ofstate under the interstate compact for adult supervision shall pay anapplication fee of seventy-five dollars ($75). The application feeshall be used to cover the costs of administering the interstatecompact for adult offender supervision.
(b) An offender who has been found indigent by a trial court at thetime the offender applies to be transferred out of state under theinterstate compact for adult supervision may, at the court's discretion,be required to pay a lesser amount of the cost of the application feeunder subsection (a).
(c) An Indiana offender who is on probation shall pay theapplication fee to the county probation department.
(d) An Indiana offender who is on parole shall pay the applicationfee to the department of correction.
(e) The application fee paid by an Indiana offender who is on
probation shall be transferred to the county treasurer. The countytreasurer shall deposit fifty percent (50%) of the money collectedunder this subsection into the county supplemental adult probationservices fund and shall transmit the remaining fifty percent (50%) ofthe money collected under this subsection to the Indiana judicialcenter for deposit in the general fund, to be used to cover the cost ofadministering the interstate compact for adult offender supervision.
(f) The executive director of the Indiana judicial center shallsubmit a proposed budget for expenditure of the money deposited inthe general fund under this section to the budget agency inaccordance with IC 4-12-1.
(g) The application fee paid by an Indiana offender who is onparole shall be deposited into the general fund to be used to cover thecost of administering the interstate compact for adult offendersupervision.
(h) The commissioner of the department of correction shall submita proposed budget for expenditure of the money deposited in thegeneral fund under this section to the budget agency in accordancewith IC 4-12-1.
(i) The judicial center and the department of correction shalldevelop a process to ensure that a sex or violent offender whotransfers to or out of Indiana under the compact will be registeredappropriately.
As added by P.L.110-2003, SEC.2. Amended by P.L.216-2007,SEC.32.