22-4110.Interstate compact for adult offendersupervision.This act may be cited as the Interstate Compact forAdult Offender Supervision.
ARTICLE I
PURPOSE
(a) The compacting states to this Interstate Compact recognize that each stateisresponsible for thesupervision of adult offenders in the community who are authorized pursuant tothe Bylaws andRules of this compact to travel across state lines both to and from eachcompacting state in sucha manner as to track the location of offenders, transfer supervision authorityin an orderly andefficient manner, and when necessary return offenders to the originatingjurisdictions. Thecompacting states also recognize that Congress, by enacting the Crime ControlAct, 4 U.S.C.Section 112 (1965), has authorized and encouraged compacts for cooperativeefforts and mutualassistance in the prevention of crime.
(b) It is the purpose of this compact andthe InterstateCommission created hereunder, through means of joint and cooperative actionamong thecompacting states: To provide the framework for the promotion of public safetyand protect therights of victims through the control and regulation of the interstate movementof offenders in thecommunity; to provide for the effective tracking, supervision, andrehabilitation of these offendersby the sending and receiving states; and to equitably distribute the costs,benefits and obligationsof the compact among the compacting states.
(c) In addition, this compact will:Create a InterstateCommission which will establish uniform procedures to manage the movementbetween states ofadults placed under community supervision and released to the community underthe jurisdictionof courts, paroling authorities, corrections or other criminal justice agencieswhich will promulgaterules to achieve the purpose of this compact; ensure an opportunity for inputand timely notice tovictims and to jurisdictions where defined offenders are authorized to travelor to relocate acrossstate lines; establish a system of uniform data collection, access toinformation on active cases byauthorized criminal justice officials, and regular reporting of compactactivities to heads of statecouncils, state executive, judicial, and legislative branches and criminaljustice administrators;monitor compliance with rules governing interstate movement of offenders andinitiateinterventions to address and correct non-compliance; and coordinate trainingand educationregarding regulations of interstate movement of offenders for officialsinvolved in such activity.
(d) The compacting states recognize that there is no"right" of any offender to live inanother state andthat duly accredited officers of a sending state may at all times enter areceiving state and thereapprehend and retake any offender under supervision subject to the provisionsof this compactand By-laws and Rules promulgated hereunder. It is the policy of the compactingstates that theactivities conducted by the Interstate Commission created herein are theformation of publicpolicies and are therefore public business.
ARTICLE II
DEFINITIONS
(a) As used in this compact, unless the context clearly requires a differentconstruction:
(1) "Adult" means bothindividuals legally classified as adults and juveniles treated as adults bycourt order, statute, or operation of law.
(2) "By-laws" means those by-lawsestablished by the Interstate Commission for its governance,or for directing or controlling the Interstate Commission's actions or conduct.
(3) "Compact Administrator" means the individual in each compacting stateappointedpursuant to the terms of this compact responsible for the administration andmanagement ofthe state's supervision and transfer of offenders subject to the terms of thiscompact, the rulesadopted by the Interstate Commission and policies adopted by the State Councilunder thiscompact.
(4) "Compacting State" meansany state which has enacted the enabling legislation for thiscompact.
(5) "Commissioner" means thevoting representative of each compacting state appointedpursuant to Article III of this compact.
(6) "Interstate Commission" means the Interstate Commission for AdultOffenderSupervisionestablished by this compact.
(7) "Member" means the commissioner of a compacting state or designee, whoshall bea person officially connected with the commissioner.
(8) "Non-compacting state" means any state which has not enacted the enablinglegislation for this compact.
(9) "Offender" means an adult placed under, or subject, to supervision as theresult of thecommission of a criminal offense and released to the community under thejurisdiction ofcourts, paroling authorities, corrections, or other criminal justice agencies.
(10) "Person" means any individual, corporation, business enterprise, orother legalentity, eitherpublic or private.
(11) "Rules" means acts of the Interstate Commission, duly promulgatedpursuant toArticle VIII ofthis compact, substantially affecting interested parties in addition to theInterstateCommission, which shall have the force and effect of law in the compactingstates.
(12) "State" means a state ofthe United States, the District of Columbia and any other territorialpossessions of the United States.
(13) "State Council" means the resident members of the State Council forInterstateAdultOffender Supervision created by each state under Article III of this compact.
ARTICLE III
THE COMPACT COMMISSION
(a) The compacting states hereby create the "Interstate Commission for AdultOffender Supervision."The Interstate Commission shall be a body corporate and joint agency of thecompacting states. The Interstate Commission shall have all theresponsibilities, powers andduties set forth herein;including the power to sue and be sued, and such additional powers as may beconferred upon itby subsequent action of the respective legislatures of the compacting states inaccordance withthe terms of this compact.
(b) The Interstate Commission shall consist of Commissioners selected andappointedby residentmembers of a State Council for Interstate Adult Offender Supervision for eachstate. In addition to the Commissioners who are the voting representatives ofeachstate, the InterstateCommission shall include individuals who are not commissioners but who aremembers ofinterested organizations: Such non-commissioner members must include a memberof the nationalorganizations of governors, legislators, state chief justices, attorneysgeneral and crime victims.All non-commissioner members of the Interstate Commission shall be ex-officio(nonvoting)members. The Interstate Commission may provide in its by-laws for suchadditional, ex-officio,non-voting members as it deems necessary.
(c) Each compacting state represented at any meeting of the InterstateCommissionis entitled to onevote. A majority of the compacting states shall constitute a quorum for thetransaction ofbusiness, unless a larger quorum is required by the by-laws of the InterstateCommission.
(d) The Interstate Commission shall meet at least once each calendar year.Thechairperson maycall additional meetings and, upon the request of 27 or more compacting states,shall calladditional meetings. Public notice shall be given of all meetings and meetingsshall be open tothe public.
(e) The Interstate Commission shall establish an Executive Committee whichshallincludecommission officers, members and others as shall be determined by the By-laws.The ExecutiveCommittee shall have the power to act on behalf of the Interstate Commissionduring periodswhen the Interstate Commission is not in session, with the exception ofrulemaking and/oramendment to the Compact. The Executive Committee oversees the day-to-dayactivitiesmanaged by the Executive Director and Interstate Commission staff; administersenforcement andcompliance with the provisions of the compact, its by-laws and as directed bythe InterstateCommission and performs other duties as directed by Commission or set forth inthe By-laws.
ARTICLE IV
THE STATE COUNCIL
(a) Each member state shall create a State Council for Interstate AdultOffender Supervision which shall be responsible for the appointment of thecommissioner who shall serve on the Interstate Commission from that state. Eachstate council shall appoint as its commissioner the Compact Administrator fromthat state to serve on the Interstate Commission in such capacity under orpursuant to applicable law of the member state. While each member state maydetermine the membership of its own state council, its membership must includeat least one representative from the legislative, judicial, and executivebranches of government, victims groups, and compact administrators.
(b) Each compacting state retains the rights to determine the qualificationsof the Compact Administrator who shall be appointed by the state council or bythe Governor in consultation with the Legislature and the Judiciary.
(c) In addition to appointment of its commissioner to the National InterstateCommission, each state council shall exercise oversight and advocacy concerningits participation in Interstate Commission activities and other duties as maybe determined by each member state including but not limited to, development ofpolicy concerning operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitableby-laws governing the management and operation of theInterstate Commission.
(2) To promulgate rules which shall have the force and effect of statutorylaw andshall be bindingin the compacting states to the extent and in the manner provided in thiscompact.
(3) To oversee, supervise and coordinate the interstate movement of offenderssubject to theterms of this compact and any by-laws adopted and Rules promulgated by thecompactcommission.
(4) To enforce compliance with compact provisions, Interstate Commissionrules, andby-laws,using all necessary and proper means, including but not limited to, the use ofjudicial process.
(5) To establish and maintain offices.
(6) To purchase and maintaininsurance and bonds.
(7) To borrow, accept, or contract for services of personnel, including, butnotlimited to, membersand their staffs.
(8) To establish and appoint committees and hire staff which it deemsnecessary forthe carryingout of its functions including, but not limited to, an executive committee asrequired by ArticleIII which shall have the power to act on behalf of the Interstate Commission incarrying out itspowers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fix theircompensation, define their duties and determine their qualifications; and toestablish theInterstate Commission's personnel policies and programs relating to, amongother things,conflicts of interest, rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment,supplies,materials, andservices, and to receive, utilize, and dispose of same.
(11) To lease, purchase, acceptcontributions or donations of, or otherwise to own, hold, improveor use any property, real, personal, or mixed.
(12) To sell, convey, mortgage,pledge, lease, exchange, abandon, or otherwise dispose of anyproperty, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided inArticle X of thiscompact.
(14) To sue and be sued.
(15) To provide for disputeresolution among compacting states.
(16) To perform such functions as may be necessary or appropriate to achievethepurposes of thiscompact.
(17) To report annually to the legislatures, governors, judiciary, and statecouncils of thecompacting states concerning the activities of the Interstate Commission duringthe preceding year. Such reports shall also include any recommendations thatmay have been adopted bythe Interstate Commission.
(18) To coordinate education,training and public awareness regarding the interstate movement ofoffenders for officials involved in such activity.
(19) To establish uniform standardsfor the reporting, collecting, and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(a) By-laws. The Interstate Commission shall, by a majority of the members,within twelvemonths of the firstInterstate Commission meeting, adopt By-laws to govern its conduct as may benecessary orappropriate to carry out the purposes of the Compact, including, but notlimited to:
(1) Establishing the fiscal year of the Interstate Commission;
(2) establishing an executive committee and such other committees as may benecessary. Providing reasonable standards and procedures:
(i) For the establishment of committees, and
(ii) governing any general or specific delegation of any authority orfunction of the InterstateCommission;
(3) providing reasonable procedures for calling and conducting meetings oftheInterstateCommission, and ensuring reasonable notice of each such meeting;
(4) establishing the titles and responsibilities of the officers of theInterstateCommission;
(5) providing reasonable standards and procedures for the establishment ofthepersonnel policiesand programs of the Interstate Commission. Notwithstanding any civil serviceor other similarlaws of any compacting state, the By-laws shall exclusively govern thepersonnel policies andprograms of the Interstate Commission; and
(6) providing a mechanism for winding up the operations of the InterstateCommission and theequitable return of any surplus funds that may exist upon the termination ofthe compact after thepayment and/or reserving of all of its debts and obligations;
(7) providing transition Rules for "start up" administration of the compact;
(8) establishing standards and procedures for compliance and technicalassistancein carrying out thecompact.
(b) Officers and Staff. (1) The Interstate Commission shall, by a majority ofthe members, elect from amongits members achairperson and a vice chairperson, each of whom shall have such authoritiesand duties as maybe specified in the By-laws. The chairperson or, in his or her absence ordisability, the vicechairperson, shall preside at all meetings of the Interstate Commission. TheOfficers so electedshall serve without compensation or remuneration from the InterstateCommission; PROVIDEDTHAT, subject to the availability of budgeted funds, the officers shall bereimbursed for any actualand necessary costs and expenses incurred by them in the performance of theirduties andresponsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appointorretain an executivedirector for such period, upon such terms and conditions and for suchcompensation as theInterstate Commission may deem appropriate. The executive director shall serveas secretary tothe Interstate Commission, and hire and supervise such other staff as may beauthorized by theInterstate Commission, but shall not be a member.
(c) Corporate Records of the Interstate Commission. The Interstate Commissionshall maintain its corporate books and records inaccordance with theBy-laws.
(d) Qualified Immunity, Defense and Indemnification. (1) The Members,officers, executive director and employees of the InterstateCommission shall beimmune from suit and liability, either personally or in their officialcapacity, for any claim fordamage to or loss of property or personal injury or other civil liabilitycaused or arising out of anyactual or alleged act, error or omission that occurred within the scope ofInterstate Commissionemployment, duties or responsibilities; except, that nothing in thisparagraph shall beconstrued to protect any such person from suit and/or liability for any damage,loss, injury orliability caused by the intentional or willful and wanton misconduct of anysuch person.
(2) The Interstate Commission shall defend the commissioner of a compactingstate,or the commissioner'srepresentatives or employees, or the Interstate Commission's representatives oremployees, inany civil action seeking to impose liability, arising out of any actual oralleged act, error oromission that occurred within the scope of Interstate Commission employment,duties orresponsibilities, or that the defendant had a reasonable basis for believingoccurred within thescope of Interstate Commission employment, duties or responsibilities;except, that theactual or alleged act, error or omission did not result from intentionalwrongdoing on the part ofsuch person.
(3) The Interstate Commission shall indemnify and hold the commissioner of acompacting state, theappointed designee or employees, or the Interstate Commission's representativesor employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising outof any actual or alleged act, error or omission that occurred within the scopeof InterstateCommission employment, duties or responsibilities, or that such persons had areasonable basisfor believing occurred within the scope of Interstate Commission employment,duties orresponsibilities, provided, that the actual or alleged act, error or omissiondid not result from grossnegligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall meet and take such actions as areconsistentwith the provisionsof this compact.
(b) Except as otherwise provided in this compact and unless a greaterpercentage isrequired by theBy-laws, in order to constitute an act of the Interstate Commission, such actshall have been takenat a meeting of the Interstate Commission and shall have received anaffirmative vote of a majorityof the members present.
(c) Each Member of the Interstate Commission shall have the right and powerto casta vote to whichthat Compacting State is entitled and to participate in the business andaffairs of the InterstateCommission. A Member shall vote in person on behalf of the state and shall notdelegate a voteto another member state. However, a State Council shall appoint anotherauthorizedrepresentative, in the absence of the commissioner from that state, to cast avote on behalf of themember state at a specified meeting. The By-laws may provide for members'participation inmeetings by telephone or other means of telecommunication or electroniccommunication. Anyvoting conducted by telephone, or other means of telecommunication orelectronic communicationshall be subject to the same quorum requirements of meetings where members arepresent inperson.
(d) The Interstate Commission shall meet at least once during each calendaryear. The chairpersonof the Interstate Commission may call additional meetings at any time and, uponthe request of amajority of the Members, shall call additional meetings.
(e) The Interstate Commission's by-laws shall establish conditions andproceduresunder which theInterstate Commission shall make its information and official records availableto the public forinspection or copying. The Interstate Commission may exempt from disclosureany information orofficial records to the extent they would adversely affect personal privacyrights or proprietaryinterests. In promulgating such Rules, the Interstate Commission may makeavailable to lawenforcement agencies records and information otherwise exempt from disclosure,and may enterinto agreements with law enforcement agencies to receive or exchangeinformation or recordssubject to nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all meetings shall beopen tothe public, except asset forth in the Rules or as otherwise provided in the Compact. The InterstateCommission shallpromulgate Rules consistent with the principles contained in the "Government inSunshine Act," 5U.S.C. Section 552(b), as may be amended. The Interstate Commission and any ofitscommittees may close a meeting to the public where it determines by two-thirdsvote that an openmeeting would be likely to:
(1) Relate solely to the InterstateCommission's internal personnel practices and procedures;
(2) disclose matters specifically exempted from disclosure by statute;
(3) disclosure trade secrets or commercial or financial information which isprivileged orconfidential;
(4) involve accusing any person of a crime, or formally censuring any person;
(5) disclose information of apersonal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy;
(6) disclose investigatory recordscompiled for law enforcement purposes;
(7) disclose information contained in or related to examination, operating orcondition reportsprepared by, or on behalf of or for the use of, the Interstate Commission withrespect to aregulated entity for the purpose of regulation or supervision of such entity;
(8) disclose information, thepremature disclosure of which would significantly endanger the life ofa person or the stability of a regulated entity;
(9) specifically relate to the Interstate Commission's issuance of asubpoena, orits participation ina civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the InterstateCommission's chief legal officershall publicly certify that, in his or her opinion, the meeting may be closedto the public, and shallreference each relevant provision AUTHORIZING CLOSURE OF THE MEETING. TheInterstate Commission shallkeep minuteswhich shall fully and clearly describe all matters discussed in any meeting andshall provide a fulland accurate summary of any actions taken, and the reasons therefor, includinga description ofeach of the views expressed on any item and the record of any roll call vote(reflected in the vote of each member on the question). All documentsconsidered in connection with any action shallbe identified in such minutes.
(h) The Interstate Commission shall collect standardized data concerning theinterstate movement ofoffenders as directed through its By-laws and Rules which shall specify thedata to be collected,the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate Rules in order to effectivelyandefficiently achievethe purposes of the Compact including transition rules governing administrationof the compactduring the period in which it is being considered and enacted by the states.
(b) Rulemaking shall occur pursuant to the criteria set forth in this Articleandthe By-laws and Rulesadopted pursuant thereto. Such rulemaking shall substantially conform to theprinciples of thefederal Administrative Procedure Act, 5 U.S.C.S. section 551 etseq., and theFederal AdvisoryCommittee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may beamended(hereinafter "APA").
All Rules and amendments shall become binding as of the date specified in eachRule oramendment.
(c) If a majority of the legislatures of the compacting states rejects aRule, byenactment of a statuteor resolution in the same manner used to adopt the compact, then such Ruleshall have no furtherforce and effect in any compacting state.
(d) When promulgating a Rule, the Interstate Commission shall:
(1) Publish the proposed Rule stating with particularity the text of the Rulewhichis proposed and the reason for the proposed Rule;
(2) allow persons to submit writtendata, facts, opinions and arguments, which information shallbe publicly available;
(3) provide an opportunity for an informal hearing; and
(4) promulgate a final Rule and its effective date, if appropriate, based ontherulemaking record. Not later than sixty days after a Rule is promulgated, anyinterested personmay file a petition inthe United States District Court for the District of Columbia or in the FederalDistrict Court wherethe Interstate Commission's principal office is located for judicial review ofsuch Rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence, (as definedin the APA), in the rulemaking record, the court shall hold the Rule unlawfuland set it aside.
(e) Subjects to be addressed within 12 months after the first meeting must ataminimum include:
(i) Notice to victims and opportunity to be heard;
(ii) offender registration and compliance;
(iii) violations/returns;
(iv) transfer procedures and forms;
(v) eligibility for transfer;
(vi) collection of restitution and fees from offenders;
(vii) data collection and reporting;
(viii) the level of supervision to be provided by the receiving state;
(ix) transition Rules governing the operation of the compact and theInterstateCommission duringall or part of the period between the effective date of the compact and thedate on which thelast eligible state adopts the compact;
(x) mediation, arbitration and dispute resolution.
(f) The existing Rules governing the operation of the previous compactsupercededby this Act shallbe null and void twelve (12) months after the first meeting of the InterstateCommission createdhereunder.
(g) Upon determination by the Interstate Commission that an emergency exists,itmay promulgate anemergency rule which shall become effective immediately upon adoption,provided that the usualrulemaking procedures provided hereunder shall be retroactively applied to saidrule as soon asreasonably possible, in no event later than ninety (90) days after theeffective date ofthe rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BYTHE INTERSTATE COMMISSION
(a) Oversight. (1) The Interstate Commission shall oversee the Interstatemovement of adult offenders in thecompacting states and shall monitor such activities being administered inNon-compacting Stateswhich may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforcethiscompact andshall take all actions necessary and appropriate to effectuate the compact'spurposes and intent.In any judicial or administrative proceeding in a compacting state pertainingto the subject matterof this compact which may affect the powers, responsibilities or actions of theInterstateCommission, the Interstate Commission shall be entitled to receive all serviceof process in anysuch proceeding, and shall have standing to intervene in the proceeding for allpurposes.
(b) Dispute Resolution. (1) The compacting states shall report to theInterstateCommission on issues or activities of concernto them, and cooperate with and support the Interstate Commission in thedischarge of its dutiesand responsibilities.
(2) The Interstate Commission shall attempt to resolve any disputes or otherissueswhich are subjectto the compact and which may arise among compacting states and non-compactingstates.
The Interstate Commission shall enact a By-law or promulgate a Rule providingfor both mediationand binding dispute resolution for disputes among the compacting states.
(c) Enforcement. The Interstate Commission, in the reasonable exercise ofit'sdiscretion, shallenforce theprovisions of this compact using any or all means set forth in ArticleXII (b),of thiscompact.
ARTICLE X
FINANCE
(a) The Interstate Commission shall pay or provide for the payment of thereasonable expenses of itsestablishment, organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessmentfromeach compactingstate to cover the cost of the internal operations and activities of theInterstate Commission andits staff which must be in a total amount sufficient to cover the InterstateCommission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocatedbased upon a formula to be determined by the Interstate Commission, taking intoconsiderationthe population of the state and the volume of Interstate movement of offendersin eachcompacting state and shall promulgate a Rule binding upon all compacting stateswhich governssaid assessment.
(c) The Interstate Commission shall not incur any obligations of any kindprior tosecuring the fundsadequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of thecompacting states, except by and with the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receiptsanddisbursements. Thereceipts and disbursements of the Interstate Commission shall be subject to theaudit andaccounting procedures established under its By-laws. However, all receipts anddisbursements offunds handled by the Interstate Commission shall be audited yearly by acertified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annualreport of the Interstate Commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state, as defined in Article II of this compact, is eligible to becomeaCompacting State.
(b) The Compact shall become effective and binding upon legislative enactmentofthe compact intolaw by no less than 35 of the states. The initial effective date shall be thelater of July 1, 2001, orupon enactment into law by the 35th jurisdiction. Thereafter itshall become effective and binding, as to any other compacting state, uponenactment of the compact into law by that state.Thegovernors of non-member states or their designees will be invited toparticipate in InterstateCommission activities on a non-voting basis prior to adoption of the compact byall states andterritories of the United States.
(c) Amendments to the Compact may be proposed by the Interstate Commissionforenactment bythe compacting states. No amendment shall become effective and binding uponthe InterstateCommission and the compacting states unless and until it is enacted into law byunanimousconsent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
(a) Withdrawal. (1) Once effective, the compact shall continue in force andremain binding uponeach and everycompacting state; except, that a compacting state may withdraw from thecompact("withdrawing state") by enacting a statute specifically repealing the statutewhich enacted theCompact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of theInterstate Commission inwriting upon the introduction of legislation repealing this compact in thewithdrawing state. The Interstate Commission shall notify the other compactingstates of thewithdrawing state'sintent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations andliabilities incurredthrough the effective date of withdrawal, including any obligations, theperformance of whichextend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occurupon thewithdrawingstate reenacting the compact or upon such later date as determined by theInterstateCommission.
(b) Default. (1) If the Interstate Commission determines that anycompacting state has at any time defaulted("defaulting state") in the performance of any of its obligations orresponsibilities under thiscompact, the By-laws or any duly promulgated Rules the Interstate Commissionmay impose anyor all of the following penalties:
(i) Fines, fees and costs in such amounts as are deemed to be reasonable asfixedby the InterstateCommission;
(ii) remedial training and technical assistance as directed by the InterstateCommission;
(iii) suspension and termination of membership in the compact. Suspensionshall beimposed onlyafter all other reasonable means of securing compliance under the By-laws andRules have beenexhausted. Immediate notice of suspension shall be given by the InterstateCommission to theGovernor, the Chief Justice or Chief Judicial Officer of the state; themajority and minority leadersof the defaulting state's legislature, and the State Council.
(2) The grounds for default include, but are not limited to, failure of acompacting state to performsuch obligations or responsibilities imposed upon it by this compact,Interstate Commission By-laws, or duly promulgated Rules. The InterstateCommission shall immediatelynotify thedefaulting state in writing of the penalty imposed by the Interstate Commissionon the defaultingstate pending a cure of the default. The Interstate Commission shall stipulatethe conditions andthe time period within which the defaulting state must cure its default. Ifthe defaulting state failsto cure the default within the time period specified by the InterstateCommission, in addition to anyother penalties imposed herein, the defaulting state may be terminated from thecompact uponan affirmative vote of a majority of the compacting states and all rights,privileges and benefitsconferred by this compact shall be terminated from the effective date ofsuspension. Within sixty days of the effective date of termination of adefaulting state,the InterstateCommission shall notify the Governor, the Chief Justice or Chief JudicialOfficer and the Majorityand Minority Leaders of the defaulting state's Legislature and the StateCouncil of suchtermination.
(3) The defaulting state is responsible for all assessments, obligations andliabilities incurred throughthe effective date of termination including any obligations, the performance ofwhich extendsbeyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to thedefaultingstate unlessotherwise mutually agreed upon between the Interstate Commission and thedefaulting state. Reinstatement following termination of any compacting staterequires both areenactment of thecompact by the defaulting state and the approval of the Interstate Commissionpursuant to theRules.
(c) Judicial Enforcement. The Interstate Commission may, by majority vote ofthe members, initiate legalaction in theUnited States District Court for the District of Columbia or, at the discretionof the InterstateCommission, in the Federal District where the Interstate Commission has itsoffices to enforcecompliance with the provisions of the compact, its duly promulgated Rules andBy-laws, againstany compacting state in default. In the event judicial enforcement isnecessary the prevailingparty shall be awarded all costs of such litigation including reasonableattorneys fees.
(d) Dissolution of Compact. (1) The compact dissolves effective upon the dateof the withdrawal or default ofthe compactingstate which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and voidandshall be of nofurther force or effect, and the business and affairs of the InterstateCommission shall be woundup and any surplus funds shall be distributed in accordance with the By-laws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any phrase,clause,sentence orprovision is deemed unenforceable, the remaining provisions of the compactshall be enforceable.
(b) The provisions of this compact shall be liberally constructed toeffectuate itspurposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other Laws. (1) Nothing herein prevents the enforcement of any other law ofacompacting statethat is notinconsistent with this compact.
(2) All compacting states' laws conflicting with this compact are supersededto theextent of theconflict.
(b) Binding Effect of the Compact. (1) All lawful actions of the InterstateCommission, includingall Rules and By-laws promulgated bythe Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compactingstates arebinding inaccordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretationofInterstate Commissionactions, and upon a majority vote of the compacting states, the InterstateCommission may issueadvisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutionallimitsimposed on thelegislature of any compacting state, the obligations, duties, powers orjurisdiction sought to beconferred by such provision upon the Interstate Commission shall be ineffectiveand suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall beexercised by the agency thereof to which such obligations, duties, powers orjurisdiction aredelegated by law in effect at the time this compact becomes effective.
22-4110.Interstate compact for adult offendersupervision.This act may be cited as the Interstate Compact forAdult Offender Supervision.
ARTICLE I
PURPOSE
(a) The compacting states to this Interstate Compact recognize that each stateisresponsible for thesupervision of adult offenders in the community who are authorized pursuant tothe Bylaws andRules of this compact to travel across state lines both to and from eachcompacting state in sucha manner as to track the location of offenders, transfer supervision authorityin an orderly andefficient manner, and when necessary return offenders to the originatingjurisdictions. Thecompacting states also recognize that Congress, by enacting the Crime ControlAct, 4 U.S.C.Section 112 (1965), has authorized and encouraged compacts for cooperativeefforts and mutualassistance in the prevention of crime.
(b) It is the purpose of this compact andthe InterstateCommission created hereunder, through means of joint and cooperative actionamong thecompacting states: To provide the framework for the promotion of public safetyand protect therights of victims through the control and regulation of the interstate movementof offenders in thecommunity; to provide for the effective tracking, supervision, andrehabilitation of these offendersby the sending and receiving states; and to equitably distribute the costs,benefits and obligationsof the compact among the compacting states.
(c) In addition, this compact will:Create a InterstateCommission which will establish uniform procedures to manage the movementbetween states ofadults placed under community supervision and released to the community underthe jurisdictionof courts, paroling authorities, corrections or other criminal justice agencieswhich will promulgaterules to achieve the purpose of this compact; ensure an opportunity for inputand timely notice tovictims and to jurisdictions where defined offenders are authorized to travelor to relocate acrossstate lines; establish a system of uniform data collection, access toinformation on active cases byauthorized criminal justice officials, and regular reporting of compactactivities to heads of statecouncils, state executive, judicial, and legislative branches and criminaljustice administrators;monitor compliance with rules governing interstate movement of offenders andinitiateinterventions to address and correct non-compliance; and coordinate trainingand educationregarding regulations of interstate movement of offenders for officialsinvolved in such activity.
(d) The compacting states recognize that there is no"right" of any offender to live inanother state andthat duly accredited officers of a sending state may at all times enter areceiving state and thereapprehend and retake any offender under supervision subject to the provisionsof this compactand By-laws and Rules promulgated hereunder. It is the policy of the compactingstates that theactivities conducted by the Interstate Commission created herein are theformation of publicpolicies and are therefore public business.
ARTICLE II
DEFINITIONS
(a) As used in this compact, unless the context clearly requires a differentconstruction:
(1) "Adult" means bothindividuals legally classified as adults and juveniles treated as adults bycourt order, statute, or operation of law.
(2) "By-laws" means those by-lawsestablished by the Interstate Commission for its governance,or for directing or controlling the Interstate Commission's actions or conduct.
(3) "Compact Administrator" means the individual in each compacting stateappointedpursuant to the terms of this compact responsible for the administration andmanagement ofthe state's supervision and transfer of offenders subject to the terms of thiscompact, the rulesadopted by the Interstate Commission and policies adopted by the State Councilunder thiscompact.
(4) "Compacting State" meansany state which has enacted the enabling legislation for thiscompact.
(5) "Commissioner" means thevoting representative of each compacting state appointedpursuant to Article III of this compact.
(6) "Interstate Commission" means the Interstate Commission for AdultOffenderSupervisionestablished by this compact.
(7) "Member" means the commissioner of a compacting state or designee, whoshall bea person officially connected with the commissioner.
(8) "Non-compacting state" means any state which has not enacted the enablinglegislation for this compact.
(9) "Offender" means an adult placed under, or subject, to supervision as theresult of thecommission of a criminal offense and released to the community under thejurisdiction ofcourts, paroling authorities, corrections, or other criminal justice agencies.
(10) "Person" means any individual, corporation, business enterprise, orother legalentity, eitherpublic or private.
(11) "Rules" means acts of the Interstate Commission, duly promulgatedpursuant toArticle VIII ofthis compact, substantially affecting interested parties in addition to theInterstateCommission, which shall have the force and effect of law in the compactingstates.
(12) "State" means a state ofthe United States, the District of Columbia and any other territorialpossessions of the United States.
(13) "State Council" means the resident members of the State Council forInterstateAdultOffender Supervision created by each state under Article III of this compact.
ARTICLE III
THE COMPACT COMMISSION
(a) The compacting states hereby create the "Interstate Commission for AdultOffender Supervision."The Interstate Commission shall be a body corporate and joint agency of thecompacting states. The Interstate Commission shall have all theresponsibilities, powers andduties set forth herein;including the power to sue and be sued, and such additional powers as may beconferred upon itby subsequent action of the respective legislatures of the compacting states inaccordance withthe terms of this compact.
(b) The Interstate Commission shall consist of Commissioners selected andappointedby residentmembers of a State Council for Interstate Adult Offender Supervision for eachstate. In addition to the Commissioners who are the voting representatives ofeachstate, the InterstateCommission shall include individuals who are not commissioners but who aremembers ofinterested organizations: Such non-commissioner members must include a memberof the nationalorganizations of governors, legislators, state chief justices, attorneysgeneral and crime victims.All non-commissioner members of the Interstate Commission shall be ex-officio(nonvoting)members. The Interstate Commission may provide in its by-laws for suchadditional, ex-officio,non-voting members as it deems necessary.
(c) Each compacting state represented at any meeting of the InterstateCommissionis entitled to onevote. A majority of the compacting states shall constitute a quorum for thetransaction ofbusiness, unless a larger quorum is required by the by-laws of the InterstateCommission.
(d) The Interstate Commission shall meet at least once each calendar year.Thechairperson maycall additional meetings and, upon the request of 27 or more compacting states,shall calladditional meetings. Public notice shall be given of all meetings and meetingsshall be open tothe public.
(e) The Interstate Commission shall establish an Executive Committee whichshallincludecommission officers, members and others as shall be determined by the By-laws.The ExecutiveCommittee shall have the power to act on behalf of the Interstate Commissionduring periodswhen the Interstate Commission is not in session, with the exception ofrulemaking and/oramendment to the Compact. The Executive Committee oversees the day-to-dayactivitiesmanaged by the Executive Director and Interstate Commission staff; administersenforcement andcompliance with the provisions of the compact, its by-laws and as directed bythe InterstateCommission and performs other duties as directed by Commission or set forth inthe By-laws.
ARTICLE IV
THE STATE COUNCIL
(a) Each member state shall create a State Council for Interstate AdultOffender Supervision which shall be responsible for the appointment of thecommissioner who shall serve on the Interstate Commission from that state. Eachstate council shall appoint as its commissioner the Compact Administrator fromthat state to serve on the Interstate Commission in such capacity under orpursuant to applicable law of the member state. While each member state maydetermine the membership of its own state council, its membership must includeat least one representative from the legislative, judicial, and executivebranches of government, victims groups, and compact administrators.
(b) Each compacting state retains the rights to determine the qualificationsof the Compact Administrator who shall be appointed by the state council or bythe Governor in consultation with the Legislature and the Judiciary.
(c) In addition to appointment of its commissioner to the National InterstateCommission, each state council shall exercise oversight and advocacy concerningits participation in Interstate Commission activities and other duties as maybe determined by each member state including but not limited to, development ofpolicy concerning operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitableby-laws governing the management and operation of theInterstate Commission.
(2) To promulgate rules which shall have the force and effect of statutorylaw andshall be bindingin the compacting states to the extent and in the manner provided in thiscompact.
(3) To oversee, supervise and coordinate the interstate movement of offenderssubject to theterms of this compact and any by-laws adopted and Rules promulgated by thecompactcommission.
(4) To enforce compliance with compact provisions, Interstate Commissionrules, andby-laws,using all necessary and proper means, including but not limited to, the use ofjudicial process.
(5) To establish and maintain offices.
(6) To purchase and maintaininsurance and bonds.
(7) To borrow, accept, or contract for services of personnel, including, butnotlimited to, membersand their staffs.
(8) To establish and appoint committees and hire staff which it deemsnecessary forthe carryingout of its functions including, but not limited to, an executive committee asrequired by ArticleIII which shall have the power to act on behalf of the Interstate Commission incarrying out itspowers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fix theircompensation, define their duties and determine their qualifications; and toestablish theInterstate Commission's personnel policies and programs relating to, amongother things,conflicts of interest, rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment,supplies,materials, andservices, and to receive, utilize, and dispose of same.
(11) To lease, purchase, acceptcontributions or donations of, or otherwise to own, hold, improveor use any property, real, personal, or mixed.
(12) To sell, convey, mortgage,pledge, lease, exchange, abandon, or otherwise dispose of anyproperty, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided inArticle X of thiscompact.
(14) To sue and be sued.
(15) To provide for disputeresolution among compacting states.
(16) To perform such functions as may be necessary or appropriate to achievethepurposes of thiscompact.
(17) To report annually to the legislatures, governors, judiciary, and statecouncils of thecompacting states concerning the activities of the Interstate Commission duringthe preceding year. Such reports shall also include any recommendations thatmay have been adopted bythe Interstate Commission.
(18) To coordinate education,training and public awareness regarding the interstate movement ofoffenders for officials involved in such activity.
(19) To establish uniform standardsfor the reporting, collecting, and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(a) By-laws. The Interstate Commission shall, by a majority of the members,within twelvemonths of the firstInterstate Commission meeting, adopt By-laws to govern its conduct as may benecessary orappropriate to carry out the purposes of the Compact, including, but notlimited to:
(1) Establishing the fiscal year of the Interstate Commission;
(2) establishing an executive committee and such other committees as may benecessary. Providing reasonable standards and procedures:
(i) For the establishment of committees, and
(ii) governing any general or specific delegation of any authority orfunction of the InterstateCommission;
(3) providing reasonable procedures for calling and conducting meetings oftheInterstateCommission, and ensuring reasonable notice of each such meeting;
(4) establishing the titles and responsibilities of the officers of theInterstateCommission;
(5) providing reasonable standards and procedures for the establishment ofthepersonnel policiesand programs of the Interstate Commission. Notwithstanding any civil serviceor other similarlaws of any compacting state, the By-laws shall exclusively govern thepersonnel policies andprograms of the Interstate Commission; and
(6) providing a mechanism for winding up the operations of the InterstateCommission and theequitable return of any surplus funds that may exist upon the termination ofthe compact after thepayment and/or reserving of all of its debts and obligations;
(7) providing transition Rules for "start up" administration of the compact;
(8) establishing standards and procedures for compliance and technicalassistancein carrying out thecompact.
(b) Officers and Staff. (1) The Interstate Commission shall, by a majority ofthe members, elect from amongits members achairperson and a vice chairperson, each of whom shall have such authoritiesand duties as maybe specified in the By-laws. The chairperson or, in his or her absence ordisability, the vicechairperson, shall preside at all meetings of the Interstate Commission. TheOfficers so electedshall serve without compensation or remuneration from the InterstateCommission; PROVIDEDTHAT, subject to the availability of budgeted funds, the officers shall bereimbursed for any actualand necessary costs and expenses incurred by them in the performance of theirduties andresponsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appointorretain an executivedirector for such period, upon such terms and conditions and for suchcompensation as theInterstate Commission may deem appropriate. The executive director shall serveas secretary tothe Interstate Commission, and hire and supervise such other staff as may beauthorized by theInterstate Commission, but shall not be a member.
(c) Corporate Records of the Interstate Commission. The Interstate Commissionshall maintain its corporate books and records inaccordance with theBy-laws.
(d) Qualified Immunity, Defense and Indemnification. (1) The Members,officers, executive director and employees of the InterstateCommission shall beimmune from suit and liability, either personally or in their officialcapacity, for any claim fordamage to or loss of property or personal injury or other civil liabilitycaused or arising out of anyactual or alleged act, error or omission that occurred within the scope ofInterstate Commissionemployment, duties or responsibilities; except, that nothing in thisparagraph shall beconstrued to protect any such person from suit and/or liability for any damage,loss, injury orliability caused by the intentional or willful and wanton misconduct of anysuch person.
(2) The Interstate Commission shall defend the commissioner of a compactingstate,or the commissioner'srepresentatives or employees, or the Interstate Commission's representatives oremployees, inany civil action seeking to impose liability, arising out of any actual oralleged act, error oromission that occurred within the scope of Interstate Commission employment,duties orresponsibilities, or that the defendant had a reasonable basis for believingoccurred within thescope of Interstate Commission employment, duties or responsibilities;except, that theactual or alleged act, error or omission did not result from intentionalwrongdoing on the part ofsuch person.
(3) The Interstate Commission shall indemnify and hold the commissioner of acompacting state, theappointed designee or employees, or the Interstate Commission's representativesor employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising outof any actual or alleged act, error or omission that occurred within the scopeof InterstateCommission employment, duties or responsibilities, or that such persons had areasonable basisfor believing occurred within the scope of Interstate Commission employment,duties orresponsibilities, provided, that the actual or alleged act, error or omissiondid not result from grossnegligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall meet and take such actions as areconsistentwith the provisionsof this compact.
(b) Except as otherwise provided in this compact and unless a greaterpercentage isrequired by theBy-laws, in order to constitute an act of the Interstate Commission, such actshall have been takenat a meeting of the Interstate Commission and shall have received anaffirmative vote of a majorityof the members present.
(c) Each Member of the Interstate Commission shall have the right and powerto casta vote to whichthat Compacting State is entitled and to participate in the business andaffairs of the InterstateCommission. A Member shall vote in person on behalf of the state and shall notdelegate a voteto another member state. However, a State Council shall appoint anotherauthorizedrepresentative, in the absence of the commissioner from that state, to cast avote on behalf of themember state at a specified meeting. The By-laws may provide for members'participation inmeetings by telephone or other means of telecommunication or electroniccommunication. Anyvoting conducted by telephone, or other means of telecommunication orelectronic communicationshall be subject to the same quorum requirements of meetings where members arepresent inperson.
(d) The Interstate Commission shall meet at least once during each calendaryear. The chairpersonof the Interstate Commission may call additional meetings at any time and, uponthe request of amajority of the Members, shall call additional meetings.
(e) The Interstate Commission's by-laws shall establish conditions andproceduresunder which theInterstate Commission shall make its information and official records availableto the public forinspection or copying. The Interstate Commission may exempt from disclosureany information orofficial records to the extent they would adversely affect personal privacyrights or proprietaryinterests. In promulgating such Rules, the Interstate Commission may makeavailable to lawenforcement agencies records and information otherwise exempt from disclosure,and may enterinto agreements with law enforcement agencies to receive or exchangeinformation or recordssubject to nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all meetings shall beopen tothe public, except asset forth in the Rules or as otherwise provided in the Compact. The InterstateCommission shallpromulgate Rules consistent with the principles contained in the "Government inSunshine Act," 5U.S.C. Section 552(b), as may be amended. The Interstate Commission and any ofitscommittees may close a meeting to the public where it determines by two-thirdsvote that an openmeeting would be likely to:
(1) Relate solely to the InterstateCommission's internal personnel practices and procedures;
(2) disclose matters specifically exempted from disclosure by statute;
(3) disclosure trade secrets or commercial or financial information which isprivileged orconfidential;
(4) involve accusing any person of a crime, or formally censuring any person;
(5) disclose information of apersonal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy;
(6) disclose investigatory recordscompiled for law enforcement purposes;
(7) disclose information contained in or related to examination, operating orcondition reportsprepared by, or on behalf of or for the use of, the Interstate Commission withrespect to aregulated entity for the purpose of regulation or supervision of such entity;
(8) disclose information, thepremature disclosure of which would significantly endanger the life ofa person or the stability of a regulated entity;
(9) specifically relate to the Interstate Commission's issuance of asubpoena, orits participation ina civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the InterstateCommission's chief legal officershall publicly certify that, in his or her opinion, the meeting may be closedto the public, and shallreference each relevant provision AUTHORIZING CLOSURE OF THE MEETING. TheInterstate Commission shallkeep minuteswhich shall fully and clearly describe all matters discussed in any meeting andshall provide a fulland accurate summary of any actions taken, and the reasons therefor, includinga description ofeach of the views expressed on any item and the record of any roll call vote(reflected in the vote of each member on the question). All documentsconsidered in connection with any action shallbe identified in such minutes.
(h) The Interstate Commission shall collect standardized data concerning theinterstate movement ofoffenders as directed through its By-laws and Rules which shall specify thedata to be collected,the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate Rules in order to effectivelyandefficiently achievethe purposes of the Compact including transition rules governing administrationof the compactduring the period in which it is being considered and enacted by the states.
(b) Rulemaking shall occur pursuant to the criteria set forth in this Articleandthe By-laws and Rulesadopted pursuant thereto. Such rulemaking shall substantially conform to theprinciples of thefederal Administrative Procedure Act, 5 U.S.C.S. section 551 etseq., and theFederal AdvisoryCommittee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may beamended(hereinafter "APA").
All Rules and amendments shall become binding as of the date specified in eachRule oramendment.
(c) If a majority of the legislatures of the compacting states rejects aRule, byenactment of a statuteor resolution in the same manner used to adopt the compact, then such Ruleshall have no furtherforce and effect in any compacting state.
(d) When promulgating a Rule, the Interstate Commission shall:
(1) Publish the proposed Rule stating with particularity the text of the Rulewhichis proposed and the reason for the proposed Rule;
(2) allow persons to submit writtendata, facts, opinions and arguments, which information shallbe publicly available;
(3) provide an opportunity for an informal hearing; and
(4) promulgate a final Rule and its effective date, if appropriate, based ontherulemaking record. Not later than sixty days after a Rule is promulgated, anyinterested personmay file a petition inthe United States District Court for the District of Columbia or in the FederalDistrict Court wherethe Interstate Commission's principal office is located for judicial review ofsuch Rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence, (as definedin the APA), in the rulemaking record, the court shall hold the Rule unlawfuland set it aside.
(e) Subjects to be addressed within 12 months after the first meeting must ataminimum include:
(i) Notice to victims and opportunity to be heard;
(ii) offender registration and compliance;
(iii) violations/returns;
(iv) transfer procedures and forms;
(v) eligibility for transfer;
(vi) collection of restitution and fees from offenders;
(vii) data collection and reporting;
(viii) the level of supervision to be provided by the receiving state;
(ix) transition Rules governing the operation of the compact and theInterstateCommission duringall or part of the period between the effective date of the compact and thedate on which thelast eligible state adopts the compact;
(x) mediation, arbitration and dispute resolution.
(f) The existing Rules governing the operation of the previous compactsupercededby this Act shallbe null and void twelve (12) months after the first meeting of the InterstateCommission createdhereunder.
(g) Upon determination by the Interstate Commission that an emergency exists,itmay promulgate anemergency rule which shall become effective immediately upon adoption,provided that the usualrulemaking procedures provided hereunder shall be retroactively applied to saidrule as soon asreasonably possible, in no event later than ninety (90) days after theeffective date ofthe rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BYTHE INTERSTATE COMMISSION
(a) Oversight. (1) The Interstate Commission shall oversee the Interstatemovement of adult offenders in thecompacting states and shall monitor such activities being administered inNon-compacting Stateswhich may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforcethiscompact andshall take all actions necessary and appropriate to effectuate the compact'spurposes and intent.In any judicial or administrative proceeding in a compacting state pertainingto the subject matterof this compact which may affect the powers, responsibilities or actions of theInterstateCommission, the Interstate Commission shall be entitled to receive all serviceof process in anysuch proceeding, and shall have standing to intervene in the proceeding for allpurposes.
(b) Dispute Resolution. (1) The compacting states shall report to theInterstateCommission on issues or activities of concernto them, and cooperate with and support the Interstate Commission in thedischarge of its dutiesand responsibilities.
(2) The Interstate Commission shall attempt to resolve any disputes or otherissueswhich are subjectto the compact and which may arise among compacting states and non-compactingstates.
The Interstate Commission shall enact a By-law or promulgate a Rule providingfor both mediationand binding dispute resolution for disputes among the compacting states.
(c) Enforcement. The Interstate Commission, in the reasonable exercise ofit'sdiscretion, shallenforce theprovisions of this compact using any or all means set forth in ArticleXII (b),of thiscompact.
ARTICLE X
FINANCE
(a) The Interstate Commission shall pay or provide for the payment of thereasonable expenses of itsestablishment, organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessmentfromeach compactingstate to cover the cost of the internal operations and activities of theInterstate Commission andits staff which must be in a total amount sufficient to cover the InterstateCommission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocatedbased upon a formula to be determined by the Interstate Commission, taking intoconsiderationthe population of the state and the volume of Interstate movement of offendersin eachcompacting state and shall promulgate a Rule binding upon all compacting stateswhich governssaid assessment.
(c) The Interstate Commission shall not incur any obligations of any kindprior tosecuring the fundsadequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of thecompacting states, except by and with the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receiptsanddisbursements. Thereceipts and disbursements of the Interstate Commission shall be subject to theaudit andaccounting procedures established under its By-laws. However, all receipts anddisbursements offunds handled by the Interstate Commission shall be audited yearly by acertified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annualreport of the Interstate Commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state, as defined in Article II of this compact, is eligible to becomeaCompacting State.
(b) The Compact shall become effective and binding upon legislative enactmentofthe compact intolaw by no less than 35 of the states. The initial effective date shall be thelater of July 1, 2001, orupon enactment into law by the 35th jurisdiction. Thereafter itshall become effective and binding, as to any other compacting state, uponenactment of the compact into law by that state.Thegovernors of non-member states or their designees will be invited toparticipate in InterstateCommission activities on a non-voting basis prior to adoption of the compact byall states andterritories of the United States.
(c) Amendments to the Compact may be proposed by the Interstate Commissionforenactment bythe compacting states. No amendment shall become effective and binding uponthe InterstateCommission and the compacting states unless and until it is enacted into law byunanimousconsent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
(a) Withdrawal. (1) Once effective, the compact shall continue in force andremain binding uponeach and everycompacting state; except, that a compacting state may withdraw from thecompact("withdrawing state") by enacting a statute specifically repealing the statutewhich enacted theCompact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of theInterstate Commission inwriting upon the introduction of legislation repealing this compact in thewithdrawing state. The Interstate Commission shall notify the other compactingstates of thewithdrawing state'sintent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations andliabilities incurredthrough the effective date of withdrawal, including any obligations, theperformance of whichextend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occurupon thewithdrawingstate reenacting the compact or upon such later date as determined by theInterstateCommission.
(b) Default. (1) If the Interstate Commission determines that anycompacting state has at any time defaulted("defaulting state") in the performance of any of its obligations orresponsibilities under thiscompact, the By-laws or any duly promulgated Rules the Interstate Commissionmay impose anyor all of the following penalties:
(i) Fines, fees and costs in such amounts as are deemed to be reasonable asfixedby the InterstateCommission;
(ii) remedial training and technical assistance as directed by the InterstateCommission;
(iii) suspension and termination of membership in the compact. Suspensionshall beimposed onlyafter all other reasonable means of securing compliance under the By-laws andRules have beenexhausted. Immediate notice of suspension shall be given by the InterstateCommission to theGovernor, the Chief Justice or Chief Judicial Officer of the state; themajority and minority leadersof the defaulting state's legislature, and the State Council.
(2) The grounds for default include, but are not limited to, failure of acompacting state to performsuch obligations or responsibilities imposed upon it by this compact,Interstate Commission By-laws, or duly promulgated Rules. The InterstateCommission shall immediatelynotify thedefaulting state in writing of the penalty imposed by the Interstate Commissionon the defaultingstate pending a cure of the default. The Interstate Commission shall stipulatethe conditions andthe time period within which the defaulting state must cure its default. Ifthe defaulting state failsto cure the default within the time period specified by the InterstateCommission, in addition to anyother penalties imposed herein, the defaulting state may be terminated from thecompact uponan affirmative vote of a majority of the compacting states and all rights,privileges and benefitsconferred by this compact shall be terminated from the effective date ofsuspension. Within sixty days of the effective date of termination of adefaulting state,the InterstateCommission shall notify the Governor, the Chief Justice or Chief JudicialOfficer and the Majorityand Minority Leaders of the defaulting state's Legislature and the StateCouncil of suchtermination.
(3) The defaulting state is responsible for all assessments, obligations andliabilities incurred throughthe effective date of termination including any obligations, the performance ofwhich extendsbeyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to thedefaultingstate unlessotherwise mutually agreed upon between the Interstate Commission and thedefaulting state. Reinstatement following termination of any compacting staterequires both areenactment of thecompact by the defaulting state and the approval of the Interstate Commissionpursuant to theRules.
(c) Judicial Enforcement. The Interstate Commission may, by majority vote ofthe members, initiate legalaction in theUnited States District Court for the District of Columbia or, at the discretionof the InterstateCommission, in the Federal District where the Interstate Commission has itsoffices to enforcecompliance with the provisions of the compact, its duly promulgated Rules andBy-laws, againstany compacting state in default. In the event judicial enforcement isnecessary the prevailingparty shall be awarded all costs of such litigation including reasonableattorneys fees.
(d) Dissolution of Compact. (1) The compact dissolves effective upon the dateof the withdrawal or default ofthe compactingstate which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and voidandshall be of nofurther force or effect, and the business and affairs of the InterstateCommission shall be woundup and any surplus funds shall be distributed in accordance with the By-laws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any phrase,clause,sentence orprovision is deemed unenforceable, the remaining provisions of the compactshall be enforceable.
(b) The provisions of this compact shall be liberally constructed toeffectuate itspurposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other Laws. (1) Nothing herein prevents the enforcement of any other law ofacompacting statethat is notinconsistent with this compact.
(2) All compacting states' laws conflicting with this compact are supersededto theextent of theconflict.
(b) Binding Effect of the Compact. (1) All lawful actions of the InterstateCommission, includingall Rules and By-laws promulgated bythe Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compactingstates arebinding inaccordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretationofInterstate Commissionactions, and upon a majority vote of the compacting states, the InterstateCommission may issueadvisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutionallimitsimposed on thelegislature of any compacting state, the obligations, duties, powers orjurisdiction sought to beconferred by such provision upon the Interstate Commission shall be ineffectiveand suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall beexercised by the agency thereof to which such obligations, duties, powers orjurisdiction aredelegated by law in effect at the time this compact becomes effective.
22-4110.Interstate compact for adult offendersupervision.This act may be cited as the Interstate Compact forAdult Offender Supervision.
ARTICLE I
PURPOSE
(a) The compacting states to this Interstate Compact recognize that each stateisresponsible for thesupervision of adult offenders in the community who are authorized pursuant tothe Bylaws andRules of this compact to travel across state lines both to and from eachcompacting state in sucha manner as to track the location of offenders, transfer supervision authorityin an orderly andefficient manner, and when necessary return offenders to the originatingjurisdictions. Thecompacting states also recognize that Congress, by enacting the Crime ControlAct, 4 U.S.C.Section 112 (1965), has authorized and encouraged compacts for cooperativeefforts and mutualassistance in the prevention of crime.
(b) It is the purpose of this compact andthe InterstateCommission created hereunder, through means of joint and cooperative actionamong thecompacting states: To provide the framework for the promotion of public safetyand protect therights of victims through the control and regulation of the interstate movementof offenders in thecommunity; to provide for the effective tracking, supervision, andrehabilitation of these offendersby the sending and receiving states; and to equitably distribute the costs,benefits and obligationsof the compact among the compacting states.
(c) In addition, this compact will:Create a InterstateCommission which will establish uniform procedures to manage the movementbetween states ofadults placed under community supervision and released to the community underthe jurisdictionof courts, paroling authorities, corrections or other criminal justice agencieswhich will promulgaterules to achieve the purpose of this compact; ensure an opportunity for inputand timely notice tovictims and to jurisdictions where defined offenders are authorized to travelor to relocate acrossstate lines; establish a system of uniform data collection, access toinformation on active cases byauthorized criminal justice officials, and regular reporting of compactactivities to heads of statecouncils, state executive, judicial, and legislative branches and criminaljustice administrators;monitor compliance with rules governing interstate movement of offenders andinitiateinterventions to address and correct non-compliance; and coordinate trainingand educationregarding regulations of interstate movement of offenders for officialsinvolved in such activity.
(d) The compacting states recognize that there is no"right" of any offender to live inanother state andthat duly accredited officers of a sending state may at all times enter areceiving state and thereapprehend and retake any offender under supervision subject to the provisionsof this compactand By-laws and Rules promulgated hereunder. It is the policy of the compactingstates that theactivities conducted by the Interstate Commission created herein are theformation of publicpolicies and are therefore public business.
ARTICLE II
DEFINITIONS
(a) As used in this compact, unless the context clearly requires a differentconstruction:
(1) "Adult" means bothindividuals legally classified as adults and juveniles treated as adults bycourt order, statute, or operation of law.
(2) "By-laws" means those by-lawsestablished by the Interstate Commission for its governance,or for directing or controlling the Interstate Commission's actions or conduct.
(3) "Compact Administrator" means the individual in each compacting stateappointedpursuant to the terms of this compact responsible for the administration andmanagement ofthe state's supervision and transfer of offenders subject to the terms of thiscompact, the rulesadopted by the Interstate Commission and policies adopted by the State Councilunder thiscompact.
(4) "Compacting State" meansany state which has enacted the enabling legislation for thiscompact.
(5) "Commissioner" means thevoting representative of each compacting state appointedpursuant to Article III of this compact.
(6) "Interstate Commission" means the Interstate Commission for AdultOffenderSupervisionestablished by this compact.
(7) "Member" means the commissioner of a compacting state or designee, whoshall bea person officially connected with the commissioner.
(8) "Non-compacting state" means any state which has not enacted the enablinglegislation for this compact.
(9) "Offender" means an adult placed under, or subject, to supervision as theresult of thecommission of a criminal offense and released to the community under thejurisdiction ofcourts, paroling authorities, corrections, or other criminal justice agencies.
(10) "Person" means any individual, corporation, business enterprise, orother legalentity, eitherpublic or private.
(11) "Rules" means acts of the Interstate Commission, duly promulgatedpursuant toArticle VIII ofthis compact, substantially affecting interested parties in addition to theInterstateCommission, which shall have the force and effect of law in the compactingstates.
(12) "State" means a state ofthe United States, the District of Columbia and any other territorialpossessions of the United States.
(13) "State Council" means the resident members of the State Council forInterstateAdultOffender Supervision created by each state under Article III of this compact.
ARTICLE III
THE COMPACT COMMISSION
(a) The compacting states hereby create the "Interstate Commission for AdultOffender Supervision."The Interstate Commission shall be a body corporate and joint agency of thecompacting states. The Interstate Commission shall have all theresponsibilities, powers andduties set forth herein;including the power to sue and be sued, and such additional powers as may beconferred upon itby subsequent action of the respective legislatures of the compacting states inaccordance withthe terms of this compact.
(b) The Interstate Commission shall consist of Commissioners selected andappointedby residentmembers of a State Council for Interstate Adult Offender Supervision for eachstate. In addition to the Commissioners who are the voting representatives ofeachstate, the InterstateCommission shall include individuals who are not commissioners but who aremembers ofinterested organizations: Such non-commissioner members must include a memberof the nationalorganizations of governors, legislators, state chief justices, attorneysgeneral and crime victims.All non-commissioner members of the Interstate Commission shall be ex-officio(nonvoting)members. The Interstate Commission may provide in its by-laws for suchadditional, ex-officio,non-voting members as it deems necessary.
(c) Each compacting state represented at any meeting of the InterstateCommissionis entitled to onevote. A majority of the compacting states shall constitute a quorum for thetransaction ofbusiness, unless a larger quorum is required by the by-laws of the InterstateCommission.
(d) The Interstate Commission shall meet at least once each calendar year.Thechairperson maycall additional meetings and, upon the request of 27 or more compacting states,shall calladditional meetings. Public notice shall be given of all meetings and meetingsshall be open tothe public.
(e) The Interstate Commission shall establish an Executive Committee whichshallincludecommission officers, members and others as shall be determined by the By-laws.The ExecutiveCommittee shall have the power to act on behalf of the Interstate Commissionduring periodswhen the Interstate Commission is not in session, with the exception ofrulemaking and/oramendment to the Compact. The Executive Committee oversees the day-to-dayactivitiesmanaged by the Executive Director and Interstate Commission staff; administersenforcement andcompliance with the provisions of the compact, its by-laws and as directed bythe InterstateCommission and performs other duties as directed by Commission or set forth inthe By-laws.
ARTICLE IV
THE STATE COUNCIL
(a) Each member state shall create a State Council for Interstate AdultOffender Supervision which shall be responsible for the appointment of thecommissioner who shall serve on the Interstate Commission from that state. Eachstate council shall appoint as its commissioner the Compact Administrator fromthat state to serve on the Interstate Commission in such capacity under orpursuant to applicable law of the member state. While each member state maydetermine the membership of its own state council, its membership must includeat least one representative from the legislative, judicial, and executivebranches of government, victims groups, and compact administrators.
(b) Each compacting state retains the rights to determine the qualificationsof the Compact Administrator who shall be appointed by the state council or bythe Governor in consultation with the Legislature and the Judiciary.
(c) In addition to appointment of its commissioner to the National InterstateCommission, each state council shall exercise oversight and advocacy concerningits participation in Interstate Commission activities and other duties as maybe determined by each member state including but not limited to, development ofpolicy concerning operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitableby-laws governing the management and operation of theInterstate Commission.
(2) To promulgate rules which shall have the force and effect of statutorylaw andshall be bindingin the compacting states to the extent and in the manner provided in thiscompact.
(3) To oversee, supervise and coordinate the interstate movement of offenderssubject to theterms of this compact and any by-laws adopted and Rules promulgated by thecompactcommission.
(4) To enforce compliance with compact provisions, Interstate Commissionrules, andby-laws,using all necessary and proper means, including but not limited to, the use ofjudicial process.
(5) To establish and maintain offices.
(6) To purchase and maintaininsurance and bonds.
(7) To borrow, accept, or contract for services of personnel, including, butnotlimited to, membersand their staffs.
(8) To establish and appoint committees and hire staff which it deemsnecessary forthe carryingout of its functions including, but not limited to, an executive committee asrequired by ArticleIII which shall have the power to act on behalf of the Interstate Commission incarrying out itspowers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fix theircompensation, define their duties and determine their qualifications; and toestablish theInterstate Commission's personnel policies and programs relating to, amongother things,conflicts of interest, rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment,supplies,materials, andservices, and to receive, utilize, and dispose of same.
(11) To lease, purchase, acceptcontributions or donations of, or otherwise to own, hold, improveor use any property, real, personal, or mixed.
(12) To sell, convey, mortgage,pledge, lease, exchange, abandon, or otherwise dispose of anyproperty, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided inArticle X of thiscompact.
(14) To sue and be sued.
(15) To provide for disputeresolution among compacting states.
(16) To perform such functions as may be necessary or appropriate to achievethepurposes of thiscompact.
(17) To report annually to the legislatures, governors, judiciary, and statecouncils of thecompacting states concerning the activities of the Interstate Commission duringthe preceding year. Such reports shall also include any recommendations thatmay have been adopted bythe Interstate Commission.
(18) To coordinate education,training and public awareness regarding the interstate movement ofoffenders for officials involved in such activity.
(19) To establish uniform standardsfor the reporting, collecting, and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(a) By-laws. The Interstate Commission shall, by a majority of the members,within twelvemonths of the firstInterstate Commission meeting, adopt By-laws to govern its conduct as may benecessary orappropriate to carry out the purposes of the Compact, including, but notlimited to:
(1) Establishing the fiscal year of the Interstate Commission;
(2) establishing an executive committee and such other committees as may benecessary. Providing reasonable standards and procedures:
(i) For the establishment of committees, and
(ii) governing any general or specific delegation of any authority orfunction of the InterstateCommission;
(3) providing reasonable procedures for calling and conducting meetings oftheInterstateCommission, and ensuring reasonable notice of each such meeting;
(4) establishing the titles and responsibilities of the officers of theInterstateCommission;
(5) providing reasonable standards and procedures for the establishment ofthepersonnel policiesand programs of the Interstate Commission. Notwithstanding any civil serviceor other similarlaws of any compacting state, the By-laws shall exclusively govern thepersonnel policies andprograms of the Interstate Commission; and
(6) providing a mechanism for winding up the operations of the InterstateCommission and theequitable return of any surplus funds that may exist upon the termination ofthe compact after thepayment and/or reserving of all of its debts and obligations;
(7) providing transition Rules for "start up" administration of the compact;
(8) establishing standards and procedures for compliance and technicalassistancein carrying out thecompact.
(b) Officers and Staff. (1) The Interstate Commission shall, by a majority ofthe members, elect from amongits members achairperson and a vice chairperson, each of whom shall have such authoritiesand duties as maybe specified in the By-laws. The chairperson or, in his or her absence ordisability, the vicechairperson, shall preside at all meetings of the Interstate Commission. TheOfficers so electedshall serve without compensation or remuneration from the InterstateCommission; PROVIDEDTHAT, subject to the availability of budgeted funds, the officers shall bereimbursed for any actualand necessary costs and expenses incurred by them in the performance of theirduties andresponsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appointorretain an executivedirector for such period, upon such terms and conditions and for suchcompensation as theInterstate Commission may deem appropriate. The executive director shall serveas secretary tothe Interstate Commission, and hire and supervise such other staff as may beauthorized by theInterstate Commission, but shall not be a member.
(c) Corporate Records of the Interstate Commission. The Interstate Commissionshall maintain its corporate books and records inaccordance with theBy-laws.
(d) Qualified Immunity, Defense and Indemnification. (1) The Members,officers, executive director and employees of the InterstateCommission shall beimmune from suit and liability, either personally or in their officialcapacity, for any claim fordamage to or loss of property or personal injury or other civil liabilitycaused or arising out of anyactual or alleged act, error or omission that occurred within the scope ofInterstate Commissionemployment, duties or responsibilities; except, that nothing in thisparagraph shall beconstrued to protect any such person from suit and/or liability for any damage,loss, injury orliability caused by the intentional or willful and wanton misconduct of anysuch person.
(2) The Interstate Commission shall defend the commissioner of a compactingstate,or the commissioner'srepresentatives or employees, or the Interstate Commission's representatives oremployees, inany civil action seeking to impose liability, arising out of any actual oralleged act, error oromission that occurred within the scope of Interstate Commission employment,duties orresponsibilities, or that the defendant had a reasonable basis for believingoccurred within thescope of Interstate Commission employment, duties or responsibilities;except, that theactual or alleged act, error or omission did not result from intentionalwrongdoing on the part ofsuch person.
(3) The Interstate Commission shall indemnify and hold the commissioner of acompacting state, theappointed designee or employees, or the Interstate Commission's representativesor employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising outof any actual or alleged act, error or omission that occurred within the scopeof InterstateCommission employment, duties or responsibilities, or that such persons had areasonable basisfor believing occurred within the scope of Interstate Commission employment,duties orresponsibilities, provided, that the actual or alleged act, error or omissiondid not result from grossnegligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall meet and take such actions as areconsistentwith the provisionsof this compact.
(b) Except as otherwise provided in this compact and unless a greaterpercentage isrequired by theBy-laws, in order to constitute an act of the Interstate Commission, such actshall have been takenat a meeting of the Interstate Commission and shall have received anaffirmative vote of a majorityof the members present.
(c) Each Member of the Interstate Commission shall have the right and powerto casta vote to whichthat Compacting State is entitled and to participate in the business andaffairs of the InterstateCommission. A Member shall vote in person on behalf of the state and shall notdelegate a voteto another member state. However, a State Council shall appoint anotherauthorizedrepresentative, in the absence of the commissioner from that state, to cast avote on behalf of themember state at a specified meeting. The By-laws may provide for members'participation inmeetings by telephone or other means of telecommunication or electroniccommunication. Anyvoting conducted by telephone, or other means of telecommunication orelectronic communicationshall be subject to the same quorum requirements of meetings where members arepresent inperson.
(d) The Interstate Commission shall meet at least once during each calendaryear. The chairpersonof the Interstate Commission may call additional meetings at any time and, uponthe request of amajority of the Members, shall call additional meetings.
(e) The Interstate Commission's by-laws shall establish conditions andproceduresunder which theInterstate Commission shall make its information and official records availableto the public forinspection or copying. The Interstate Commission may exempt from disclosureany information orofficial records to the extent they would adversely affect personal privacyrights or proprietaryinterests. In promulgating such Rules, the Interstate Commission may makeavailable to lawenforcement agencies records and information otherwise exempt from disclosure,and may enterinto agreements with law enforcement agencies to receive or exchangeinformation or recordssubject to nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all meetings shall beopen tothe public, except asset forth in the Rules or as otherwise provided in the Compact. The InterstateCommission shallpromulgate Rules consistent with the principles contained in the "Government inSunshine Act," 5U.S.C. Section 552(b), as may be amended. The Interstate Commission and any ofitscommittees may close a meeting to the public where it determines by two-thirdsvote that an openmeeting would be likely to:
(1) Relate solely to the InterstateCommission's internal personnel practices and procedures;
(2) disclose matters specifically exempted from disclosure by statute;
(3) disclosure trade secrets or commercial or financial information which isprivileged orconfidential;
(4) involve accusing any person of a crime, or formally censuring any person;
(5) disclose information of apersonal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy;
(6) disclose investigatory recordscompiled for law enforcement purposes;
(7) disclose information contained in or related to examination, operating orcondition reportsprepared by, or on behalf of or for the use of, the Interstate Commission withrespect to aregulated entity for the purpose of regulation or supervision of such entity;
(8) disclose information, thepremature disclosure of which would significantly endanger the life ofa person or the stability of a regulated entity;
(9) specifically relate to the Interstate Commission's issuance of asubpoena, orits participation ina civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the InterstateCommission's chief legal officershall publicly certify that, in his or her opinion, the meeting may be closedto the public, and shallreference each relevant provision AUTHORIZING CLOSURE OF THE MEETING. TheInterstate Commission shallkeep minuteswhich shall fully and clearly describe all matters discussed in any meeting andshall provide a fulland accurate summary of any actions taken, and the reasons therefor, includinga description ofeach of the views expressed on any item and the record of any roll call vote(reflected in the vote of each member on the question). All documentsconsidered in connection with any action shallbe identified in such minutes.
(h) The Interstate Commission shall collect standardized data concerning theinterstate movement ofoffenders as directed through its By-laws and Rules which shall specify thedata to be collected,the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate Rules in order to effectivelyandefficiently achievethe purposes of the Compact including transition rules governing administrationof the compactduring the period in which it is being considered and enacted by the states.
(b) Rulemaking shall occur pursuant to the criteria set forth in this Articleandthe By-laws and Rulesadopted pursuant thereto. Such rulemaking shall substantially conform to theprinciples of thefederal Administrative Procedure Act, 5 U.S.C.S. section 551 etseq., and theFederal AdvisoryCommittee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may beamended(hereinafter "APA").
All Rules and amendments shall become binding as of the date specified in eachRule oramendment.
(c) If a majority of the legislatures of the compacting states rejects aRule, byenactment of a statuteor resolution in the same manner used to adopt the compact, then such Ruleshall have no furtherforce and effect in any compacting state.
(d) When promulgating a Rule, the Interstate Commission shall:
(1) Publish the proposed Rule stating with particularity the text of the Rulewhichis proposed and the reason for the proposed Rule;
(2) allow persons to submit writtendata, facts, opinions and arguments, which information shallbe publicly available;
(3) provide an opportunity for an informal hearing; and
(4) promulgate a final Rule and its effective date, if appropriate, based ontherulemaking record. Not later than sixty days after a Rule is promulgated, anyinterested personmay file a petition inthe United States District Court for the District of Columbia or in the FederalDistrict Court wherethe Interstate Commission's principal office is located for judicial review ofsuch Rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence, (as definedin the APA), in the rulemaking record, the court shall hold the Rule unlawfuland set it aside.
(e) Subjects to be addressed within 12 months after the first meeting must ataminimum include:
(i) Notice to victims and opportunity to be heard;
(ii) offender registration and compliance;
(iii) violations/returns;
(iv) transfer procedures and forms;
(v) eligibility for transfer;
(vi) collection of restitution and fees from offenders;
(vii) data collection and reporting;
(viii) the level of supervision to be provided by the receiving state;
(ix) transition Rules governing the operation of the compact and theInterstateCommission duringall or part of the period between the effective date of the compact and thedate on which thelast eligible state adopts the compact;
(x) mediation, arbitration and dispute resolution.
(f) The existing Rules governing the operation of the previous compactsupercededby this Act shallbe null and void twelve (12) months after the first meeting of the InterstateCommission createdhereunder.
(g) Upon determination by the Interstate Commission that an emergency exists,itmay promulgate anemergency rule which shall become effective immediately upon adoption,provided that the usualrulemaking procedures provided hereunder shall be retroactively applied to saidrule as soon asreasonably possible, in no event later than ninety (90) days after theeffective date ofthe rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BYTHE INTERSTATE COMMISSION
(a) Oversight. (1) The Interstate Commission shall oversee the Interstatemovement of adult offenders in thecompacting states and shall monitor such activities being administered inNon-compacting Stateswhich may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforcethiscompact andshall take all actions necessary and appropriate to effectuate the compact'spurposes and intent.In any judicial or administrative proceeding in a compacting state pertainingto the subject matterof this compact which may affect the powers, responsibilities or actions of theInterstateCommission, the Interstate Commission shall be entitled to receive all serviceof process in anysuch proceeding, and shall have standing to intervene in the proceeding for allpurposes.
(b) Dispute Resolution. (1) The compacting states shall report to theInterstateCommission on issues or activities of concernto them, and cooperate with and support the Interstate Commission in thedischarge of its dutiesand responsibilities.
(2) The Interstate Commission shall attempt to resolve any disputes or otherissueswhich are subjectto the compact and which may arise among compacting states and non-compactingstates.
The Interstate Commission shall enact a By-law or promulgate a Rule providingfor both mediationand binding dispute resolution for disputes among the compacting states.
(c) Enforcement. The Interstate Commission, in the reasonable exercise ofit'sdiscretion, shallenforce theprovisions of this compact using any or all means set forth in ArticleXII (b),of thiscompact.
ARTICLE X
FINANCE
(a) The Interstate Commission shall pay or provide for the payment of thereasonable expenses of itsestablishment, organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessmentfromeach compactingstate to cover the cost of the internal operations and activities of theInterstate Commission andits staff which must be in a total amount sufficient to cover the InterstateCommission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocatedbased upon a formula to be determined by the Interstate Commission, taking intoconsiderationthe population of the state and the volume of Interstate movement of offendersin eachcompacting state and shall promulgate a Rule binding upon all compacting stateswhich governssaid assessment.
(c) The Interstate Commission shall not incur any obligations of any kindprior tosecuring the fundsadequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of thecompacting states, except by and with the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receiptsanddisbursements. Thereceipts and disbursements of the Interstate Commission shall be subject to theaudit andaccounting procedures established under its By-laws. However, all receipts anddisbursements offunds handled by the Interstate Commission shall be audited yearly by acertified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annualreport of the Interstate Commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state, as defined in Article II of this compact, is eligible to becomeaCompacting State.
(b) The Compact shall become effective and binding upon legislative enactmentofthe compact intolaw by no less than 35 of the states. The initial effective date shall be thelater of July 1, 2001, orupon enactment into law by the 35th jurisdiction. Thereafter itshall become effective and binding, as to any other compacting state, uponenactment of the compact into law by that state.Thegovernors of non-member states or their designees will be invited toparticipate in InterstateCommission activities on a non-voting basis prior to adoption of the compact byall states andterritories of the United States.
(c) Amendments to the Compact may be proposed by the Interstate Commissionforenactment bythe compacting states. No amendment shall become effective and binding uponthe InterstateCommission and the compacting states unless and until it is enacted into law byunanimousconsent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
(a) Withdrawal. (1) Once effective, the compact shall continue in force andremain binding uponeach and everycompacting state; except, that a compacting state may withdraw from thecompact("withdrawing state") by enacting a statute specifically repealing the statutewhich enacted theCompact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of theInterstate Commission inwriting upon the introduction of legislation repealing this compact in thewithdrawing state. The Interstate Commission shall notify the other compactingstates of thewithdrawing state'sintent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations andliabilities incurredthrough the effective date of withdrawal, including any obligations, theperformance of whichextend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occurupon thewithdrawingstate reenacting the compact or upon such later date as determined by theInterstateCommission.
(b) Default. (1) If the Interstate Commission determines that anycompacting state has at any time defaulted("defaulting state") in the performance of any of its obligations orresponsibilities under thiscompact, the By-laws or any duly promulgated Rules the Interstate Commissionmay impose anyor all of the following penalties:
(i) Fines, fees and costs in such amounts as are deemed to be reasonable asfixedby the InterstateCommission;
(ii) remedial training and technical assistance as directed by the InterstateCommission;
(iii) suspension and termination of membership in the compact. Suspensionshall beimposed onlyafter all other reasonable means of securing compliance under the By-laws andRules have beenexhausted. Immediate notice of suspension shall be given by the InterstateCommission to theGovernor, the Chief Justice or Chief Judicial Officer of the state; themajority and minority leadersof the defaulting state's legislature, and the State Council.
(2) The grounds for default include, but are not limited to, failure of acompacting state to performsuch obligations or responsibilities imposed upon it by this compact,Interstate Commission By-laws, or duly promulgated Rules. The InterstateCommission shall immediatelynotify thedefaulting state in writing of the penalty imposed by the Interstate Commissionon the defaultingstate pending a cure of the default. The Interstate Commission shall stipulatethe conditions andthe time period within which the defaulting state must cure its default. Ifthe defaulting state failsto cure the default within the time period specified by the InterstateCommission, in addition to anyother penalties imposed herein, the defaulting state may be terminated from thecompact uponan affirmative vote of a majority of the compacting states and all rights,privileges and benefitsconferred by this compact shall be terminated from the effective date ofsuspension. Within sixty days of the effective date of termination of adefaulting state,the InterstateCommission shall notify the Governor, the Chief Justice or Chief JudicialOfficer and the Majorityand Minority Leaders of the defaulting state's Legislature and the StateCouncil of suchtermination.
(3) The defaulting state is responsible for all assessments, obligations andliabilities incurred throughthe effective date of termination including any obligations, the performance ofwhich extendsbeyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to thedefaultingstate unlessotherwise mutually agreed upon between the Interstate Commission and thedefaulting state. Reinstatement following termination of any compacting staterequires both areenactment of thecompact by the defaulting state and the approval of the Interstate Commissionpursuant to theRules.
(c) Judicial Enforcement. The Interstate Commission may, by majority vote ofthe members, initiate legalaction in theUnited States District Court for the District of Columbia or, at the discretionof the InterstateCommission, in the Federal District where the Interstate Commission has itsoffices to enforcecompliance with the provisions of the compact, its duly promulgated Rules andBy-laws, againstany compacting state in default. In the event judicial enforcement isnecessary the prevailingparty shall be awarded all costs of such litigation including reasonableattorneys fees.
(d) Dissolution of Compact. (1) The compact dissolves effective upon the dateof the withdrawal or default ofthe compactingstate which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and voidandshall be of nofurther force or effect, and the business and affairs of the InterstateCommission shall be woundup and any surplus funds shall be distributed in accordance with the By-laws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any phrase,clause,sentence orprovision is deemed unenforceable, the remaining provisions of the compactshall be enforceable.
(b) The provisions of this compact shall be liberally constructed toeffectuate itspurposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other Laws. (1) Nothing herein prevents the enforcement of any other law ofacompacting statethat is notinconsistent with this compact.
(2) All compacting states' laws conflicting with this compact are supersededto theextent of theconflict.
(b) Binding Effect of the Compact. (1) All lawful actions of the InterstateCommission, includingall Rules and By-laws promulgated bythe Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compactingstates arebinding inaccordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretationofInterstate Commissionactions, and upon a majority vote of the compacting states, the InterstateCommission may issueadvisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutionallimitsimposed on thelegislature of any compacting state, the obligations, duties, powers orjurisdiction sought to beconferred by such provision upon the Interstate Commission shall be ineffectiveand suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall beexercised by the agency thereof to which such obligations, duties, powers orjurisdiction aredelegated by law in effect at the time this compact becomes effective.
