38-1008.Interstate compact for juveniles.This act may be cited as the Interstate Compact forJuveniles.
THE INTERSTATE COMPACT FOR JUVENILESARTICLE I PURPOSE
The compacting states to this Interstate Compact recognize that each state isresponsible for the proper supervision or return of juveniles, delinquents andstatus offenders who are on probation or parole and who have absconded, escapedor run away from supervision and control and in so doing have endangered theirown safety and the safety of others. The compacting states also recognize thateach state is responsible for the safe return of juveniles who have run awayfrom home and in doing so have left their state of residence. The compactingstates also recognize that Congress, by enacting the Crime Control Act, 4U.S.C. Section 112 (1965), has authorized and encouraged compacts forcooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperativeaction among the compacting states to: (a) ensure that the adjudicatedjuveniles and status offenders subject to this compact are provided adequatesupervision and services in the receiving state as ordered by the adjudicatingjudge or parole authority in the sending state; (b) ensure that the publicsafety interests of the citizens, including the victims of juvenile offenders,in both the sending and receiving states are adequately protected; (c) returnjuveniles who have run away, absconded or escaped from supervision or controlor have been accused of an offense to the state requesting their return; (d)make contracts for the cooperative institutionalization in public facilities inmember states for delinquent youth needing special services; (e) provide forthe effective tracking and supervision of juveniles; (f) equitably allocate thecosts, benefits and obligations of the compacting states; (g) establishprocedures to manage the movement between states of juvenile offenders releasedto the community under the jurisdiction of courts, juvenile departments, or anyother criminal or juvenile justice agency which has jurisdiction over juvenileoffenders; (h) insure immediate notice to jurisdiction where defined offendersare authorized to travel or to relocate across state lines; (i) establishprocedures to resolve pending charges (detainers) against juvenile offendersprior to transfer or release to the community under the terms of this compact;(j) establish a system of uniform data collection on information pertaining tojuvenilessubject to this compact that allows access by authorized juvenile justice andcriminal justice officials, and regular reporting of Compact activities toheads of state executive, judicial, and legislative branches and juvenile andcriminal justice administrators; (k) monitor compliance with rules governinginterstate movement of juveniles and initiate interventions to address andcorrect non-compliance; (l) coordinate training and education regarding theregulation of interstate movement of juveniles for officials involved in suchactivity; and (m) coordinate the implementation and operation of the compactwith the Interstate Compact for the Placement of Children, the InterstateCompact for Adult Offender Supervision and other compacts affecting juvenilesparticularly in those cases where concurrent or overlapping supervision issuesarise. It is the policy of the compacting states that the activities conductedby the Interstate Commission created herein are the formation of publicpolicies and therefore are public business. Furthermore, the compacting statesshall cooperate and observe their individual and collective duties andresponsibilities for the prompt return and acceptance of juveniles subject tothe provisions of this compact. The provisions of this compact shall bereasonably and liberally construed to accomplish the purposes and policies ofthe compact.
ARTICLE IIDEFINITIONS
As used in this compact, unless the context clearly requires a differentconstruction:
(a) "By-laws" means: those by-laws established by the Interstate Commissionfor its governance, or for directing or controlling its actions or conduct.
(b) "Compact Administrator" means: the individual in each compacting stateappointed pursuant to the terms of this compact, responsible for theadministration and management of the state's supervision and transfer ofjuveniles subject to the terms of this compact, the rules adopted by theInterstate Commission and policies adopted by the State Council under thiscompact.
(c) "Compacting State" means: any state which has enacted the enablinglegislation for this compact.
(d) "Commissioner" means: the voting representative of each compacting stateappointed pursuant to Article III of this compact.
(e) "Court" means: any court having jurisdiction over delinquent, neglected,or dependent children.
(f) "Deputy Compact Administrator" means: the individual, if any, in eachcompacting state appointed to act on behalf of a Compact Administrator pursuantto the terms of this compact responsible for the administration and managementof the state's supervision and transfer of juveniles subject to the terms ofthis compact, the rules adopted by the Interstate Commission and policiesadopted by the State Council under this compact.
(g) "Interstate Commission" means: the Interstate Commission for Juvenilescreated by Article III of this compact.
(h) "Juvenile" means: any person defined as a juvenile in any member state orby the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, if committedby an adult, would be a criminal offense:
(2) Adjudicated Delinquent - a person found to have committed an offensethat, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender - a person charged with an offense that would notbe a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have committed an offensethat would not be a criminal offense if committed by an adult; and
(5) Non-Offender - a person in need of supervision who has not been accusedor adjudicated a status offender or delinquent.
(i) "Non-Compacting state" means: any state which has not enacted theenabling legislation for this compact.
(j) "Probation or Parole" means: any kind of supervision or conditionalrelease of juveniles authorized under the laws of the compacting states.
(k) "Rule" means: a written statement by the Interstate Commissionpromulgated pursuant to Article VI of this compact that is of generalapplicability, implements, interprets or prescribes a policy or provision ofthe Compact, or an organizational, procedural, or practice requirement of theCommission, and has the force and effect of statutory law in a compactingstate, and includes the amendment, repeal, or suspension of an existing rule.
(l) "State" means: a state of the United States, the District of Columbia (orits designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,American Samoa, and the Northern Marianas Islands.
ARTICLE IIIINTERSTATE COMMISSION FOR JUVENILES
(a) The compacting states hereby create the "Interstate Commission forJuveniles." The commission shall be a body corporate and joint agency of thecompacting states. The commission shall have all the responsibilities, powersand duties set forth herein, and such additional powers as may be conferredupon it by subsequent action of the respective legislatures of the compactingstates in accordance with the terms of this compact.
(b) The Interstate Commission shall consist of commissioners appointed by theappropriate appointing authority in each state pursuant to the rules andrequirements of each compacting state and in consultation with the StateCouncil for Interstate Juvenile Supervision created hereunder. The commissionershall be the compact administrator, deputy compact administrator or designeefrom that state who shall serve on the Interstate Commission in such capacityunder or pursuant to the applicable law of the compacting state.
(c) In addition to the commissioners who are the voting representatives ofeach state, the Interstate Commission shall include individuals who are notcommissioners, but who are members of interested organizations. Suchnon-commissioner members must include a member of the national organizations ofgovernors, legislators, state chief justices, attorneys general, InterstateCompact for Adult Offender Supervision, Interstate Compact for the Placement ofChildren, juvenile justice and juvenile corrections officials, and crimevictims. All non-commissioner members of the Interstate Commission shall beex-officio (non-voting) members. The Interstate Commission may provide in itsby-laws for such additional ex-officio (non-voting) members, including membersof other national organizations, in such numbers as shall be determined by thecommission.
(d) Each compacting state represented at any meeting of the commission isentitled to one vote. A majority of the compacting states shall constitute aquorum for the transaction of business, unless a larger quorum is required bythe by-laws of the Interstate Commission.
(e) The commission shall meet at least once each calendar year. Thechairperson may call additional meetings and, upon the request of a simplemajority of the compacting states, shall call additional meetings. Publicnotice shall be given of all meetings and meetings shall be open to the public.
(f) The Interstate Commission shall establish an executive committee, whichshall include commission officers, members, and others as determined by theby-laws. The executive committee shall have the power to act on behalf of theInterstate Commission during periods when the Interstate Commission is not insession, with the exception of rulemaking and/or amendment to the compact. Theexecutive committee shall oversee the day-to-day activities of theadministration of the compact managed by an executive director and InterstateCommission staff; administers enforcement and compliance with the provisions ofthe compact, its by-laws and rules, and performs such other duties as directedby the Interstate Commission or set forth in the by-laws.
(g) Each member of the Interstate Commission shall have the right and powerto cast a vote to which that compacting state is entitled and to participate inthe business and affairs of the Interstate Commission. A member shall vote inperson and shall not delegate a vote to another compacting state. However, acommissioner, in consultation with the state council, shall appoint anotherauthorized representative, in the absence of the commissioner from that state,to cast a vote on behalf of the compacting state at a specified meeting. Theby-laws may provide for members' participation in meetings by telephone orothermeans of telecommunication or electronic communication.
(h) The Interstate Commission's by-laws shall establish conditions andprocedures under which the Interstate Commission shall make its information andofficial records available to the public for inspection or copying. TheInterstate Commission may exempt from disclosure any information or officialrecords to the extent they would adversely affect personal privacy rights orproprietary interests.
(i) Public notice shall be given of all meetings and all meetings shall beopen to the public, except as set forth in the Rules or as otherwise providedin the Compact. The Interstate Commission and any of its committees may close ameeting to the public where it determines by two-thirds vote that an openmeeting would be likely to:
(1) Relate solely to the Interstate Commission's internal personnel practicesand procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which isprivileged or confidential;
(4) Involve accusing any person of a crime, or formally censuring anyperson;
(5) Disclose information of a personal nature where disclosure wouldconstitute aclearly unwarranted invasion of personal privacy;
(6) Disclose investigative records compiled for law enforcement purposes;
(7) Disclose information contained in or related to examination,operating or condition reports prepared by, or on behalf of or for the use of,the Interstate Commission with respect to a regulated person or entity for thepurpose of regulation or supervision of such person or entity;
(8) Disclose information, the premature disclosure of which wouldsignificantly endanger the stability of a regulated person or entity; or
(9) Specifically relate to the Interstate Commission's issuance of asubpoena, or its participation in a civil action or other legal proceeding.
(j) For every meeting closed pursuant to this provision, the InterstateCommission's legal counsel shall publicly certify that, in the legal counsel'sopinion, the meeting may be closed to the public, and shall reference eachrelevant exemptive provision. The Interstate Commission shall keep minuteswhich shall fully and clearly describe all matters discussed in any meetingand shall provide a full and accurate summary of any actions taken, and thereasons therefore, including a description of each of the views expressed onany item and the record of any roll call vote (reflected in the vote of eachmember on the question). All documents considered in connection with any actionshall be identified in such minutes.
(k) The Interstate Commission shall collect standardized data concerning theinterstate movement of juveniles as directed through its rules which shallspecify the data to be collected, the means of collection and data exchange andreporting requirements. Such methods of data collection, exchange and reportingshall insofar as is reasonably possible conform to up-to-date technology,and coordinate its information functions with theappropriate repository of records.
ARTICLE IVPOWERS AND DUTIES OF THEINTERSTATE COMMISSION
The commission shall have the following powers and duties:
(1) To provide for dispute resolution among compacting states.
(2) To promulgate rules to effect the purposes and obligations as enumeratedin this compact, which shall have the force and effect of statutory law andshall be binding in the compacting states to the extent and in the mannerprovided in this compact.
(3) To oversee, supervise and coordinate the interstate movement of juvenilessubject to the terms of this compact and any by-laws adopted and rulespromulgated by the Interstate Commission.
(4) To enforce compliance with the compact provisions, the rules promulgatedby the Interstate Commission, and the by-laws, using all necessary and propermeans, including but not limited to the use of judicial process.
(5) To establish and maintain offices which shall be located within one ormore of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services of personnel.
(8) To establish and appoint committees and hire staff which it deemsnecessary for the carrying out of its functions including, but not limited to,an executive committee as required by Article III which shall have the power toact on behalf of the Interstate Commission in carrying out its power and dutieshereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fix their compensation, define their duties and determinetheir qualifications; and to establish the Interstate Commission's personnelpolicies and programs relating to, inter alia, conflicts of interest, rates ofcompensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment,supplies, materials, and services, and to receive, utilize, and dispose of it.
(11) To lease, purchase, accept contributions or donations of, or otherwiseto own, hold, improve or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, orotherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided inArticle VIII of this compact.
(14) To sue and be sued.
(15) To adopt a seal and by-laws governing the management and operation ofthe Interstate Commission.
(16) To perform such functions as may be necessary or appropriate to achievethe purposes of this compact.
(17) To report annually to the legislatures, governors, judiciary, and statecouncils of the compacting states concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission.
(18) To coordinate education, training and public awareness regarding theinterstate movement of juveniles for officials involved in such activity.
(19) To establish uniform standards of the reporting, collecting andexchanging of data.
(20) The Interstate Commission shall maintain its corporate books and recordsin accordance with the By-laws.
ARTICLE VORGANIZATION AND OPERATION OF THEINTERSTATE COMMISSION
Section (a) By-laws
(1) The Interstate Commission shall, by a majority of the members present andvoting, within twelve months after the first Interstate Commission meeting,adopt by-laws to govern its conduct as may be necessary or appropriate to carryout the purposes of the compact, including, but not limited to:
(A) Establishing the fiscal year of the Interstate Commission;
(B) Establishing an executive committee and such other committees as may benecessary;
(C) Provide for the establishment of committees governing any general orspecific delegation of any authority or function of the Interstate Commission;
(D) Providing reasonable procedures for calling and conducting meetings ofthe Interstate Commission, and ensuring reasonable notice of each such meeting;
(E) Establishing the titles and responsibilities of the officers of theInterstate Commission;
(F) Providing a mechanism for concluding the operations of the InterstateCommission and the return of any surplus funds that may exist upon thetermination of the Compact after the payment and/or reserving of all of itsdebts and obligations.
(G) Providing "start-up" rules for initial administration of the compact; and
(H) Establishing standards and procedures for compliance and technicalassistance in carrying out the compact.
Section (b) Officers and Staff
(1) The Interstate Commission shall, by a majority of the members, electannually from among its members a chairperson and a vice chairperson, each ofwhom shall have such authority and duties as may be specified in the by-laws.The chairperson or, in the chairperson's absence or disability, thevice-chairperson shall preside at all meetings of the Interstate Commission.The officers so elected shall serve without compensation or remuneration fromthe Interstate Commission; provided that, subject to the availability ofbudgeted funds, the officers shall be reimbursed for any ordinary and necessarycosts and expenses incurred by them in the performance of their duties andresponsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appointor retain an executive director for such period, upon such terms and conditionsand for such compensation as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,but shall not be a Member and shall hire and supervise such other staff as maybe authorized by the Interstate Commission.
Section (c) Qualified Immunity, Defense and Indemnification
(1) The Commission's executive director and employees shall be immune fromsuit and liability, either personally or in their official capacity, for anyclaim for damage to or loss of property or personal injury or other civilliability caused or arising out of or relating to any actual or alleged act,error, or omission that occurred, or that such person had a reasonable basisfor believing occurred within the scope of Commission employment, duties, orresponsibilities; provided, that any such person shall not be protected fromsuit or liability for any damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or agent of acommissioner, acting within the scope of such person's employment or dutiesfor acts, errors, or omissions occurring within such person's state may notexceed the limits of liability set forth under the Constitution and laws ofthat state for state officials, employees, and agents. Nothing in thissubsection shall be construed to protect any such person from suit or liabilityfor any damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.
(3) The Interstate Commission shall defend the executive director or theemployees or representatives of the Interstate Commission and, subject to theapproval of the Attorney General of the state represented by any commissionerof a compacting state, shall defend such commissioner or the commissioner'srepresentatives or employees in any civil action seeking to impose liabilityarising out of any actual or alleged act, error or omission that occurredwithinthe scope of Interstate Commission employment, duties or responsibilities, orthat the defendant had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities,provided that the actual or alleged act, error, or omission did not result fromintentional or willful and wanton misconduct on the part of such person.
(4) The Interstate Commission shall indemnify and hold the commissioner of acompacting state, or the commissioner's representatives or employees, or theInterstate Commission's representatives or employees, harmless in the amountof any settlement or judgment obtained against such persons arising out of anyactual or alleged act, error, or omission that occurred within the scope ofInterstate Commission employment, duties, or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties, or responsibilities, provided thatthe actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such persons.
ARTICLE VIRULEMAKING FUNCTIONS OF THEINTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate and publish rules in order toeffectively and efficiently achieve the purposes of the compact.
(b) Rulemaking shall occur pursuant to the criteria set forth in this articleand the by-laws and rules adopted pursuant thereto. Such rulemaking shallsubstantially conform to the principles of the "Model State AdministrativeProcedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15,p.1 (2000), or suchother administrative procedures act, as the Interstate Commission deemsappropriate consistent with due process requirements under the U.S.Constitution as now or hereafter interpreted by the U.S. Supreme Court. Allrules and amendments shall become binding as of the date specified, aspublished with the final version of the rule as approved by the Commission.
(c) When promulgating a rule, the Interstate Commission shall, at a minimum:
(1) publish the proposed rule's entire text stating the reason(s) for thatproposed rule;
(2) allow and invite any and all persons to submit written data, facts,opinions and arguments, which information shall be added to the record, and bemade publicly available;
(3) provide an opportunity for an informal hearing if petitioned by ten (10)or more persons; and
(4) promulgate a final rule and its effective date, if appropriate, based oninput from state or local officials, or interested parties.
(d) Allow, not later than sixty days after a rule is promulgated, anyinterested person to file a petition in the United States District Court of theDistrict of Columbia or in the Federal District Court where the InterstateCommission's principal office is located for judicial review of such rule. Ifthe court finds that the Interstate Commission's action is not supported bysubstantial evidence in the rulemaking record, the court shall hold the ruleunlawful and set it aside. For purposes of this subsection, evidence issubstantial if it would be considered substantial evidence under the ModelState Administrative Procedures Act.
(e) If a majority of the legislatures of the compacting states rejects arule, those states may, by enactment of a statute or resolution in the samemanner used to adopt the compact, cause that such rule shall have no furtherforce and effect in any compacting state.
(f) The existing rules governing the operation of the Interstate Compact onJuveniles superseded by this act shall be null and void twelve (12) monthsafter the first meeting of the Interstate Commission created hereunder.
(g) Upon determination by the Interstate Commission that a state-of-emergencyexists, it may promulgate an emergency rule which shall become effectiveimmediately upon adoption, provided that the usual rulemaking proceduresprovided hereunder shall be retroactively applied to said rule as soon asreasonably possible, but no later than ninety (90) days after the effectivedate of the emergency rule.
ARTICLE VIIOVERSIGHT, ENFORCEMENT ANDDISPUTE RESOLUTION BY THEINTERSTATE COMMISSION
Section (a) Oversight
(1) The Interstate Commission shall oversee the administration and operationsof the interstate movement of juveniles subject to this compact in thecompacting states and shall monitor such activities being administered innon-compacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforcethis compact and shall take all actions necessary and appropriate to effectuatethe compact's purposes and intent. The provisions of this compact and the rulespromulgated hereunder shall be received by all the judges, public officers,commissions, and departments of the state government as evidence of theauthorized statute and administrative rules. All courts shall take judicialnotice of the compact and the rules. In any judicial or administrativeproceeding in a compacting state pertaining to the subject matter of thiscompact which may affect the powers, responsibilities or actions of theInterstate Commission, it shall be entitled to receive all service of processin any such proceeding, and shall have standing to intervene in the proceedingfor all purposes.
Section (b) Dispute Resolution
(1) The compacting states shall report to the Interstate Commission on allissues and activities necessary for the administration of the compact as wellas issues and activities pertaining to compliance with the provisions of thecompact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compactingstate, to resolve any disputes or other issues which are subject to the compactand which may arise among compacting states and between compacting andnon-compacting states. The commission shall promulgate a rule providing forboth mediation and binding dispute resolution for disputes among the compactingstates.
(3) The Interstate Commission, in the reasonable exercise of its discretion,shall enforce the provisions and rules of this compact using any or all meansset forth in Article XI of this compact.
ARTICLE VIIITHE STATE COUNCIL
(a) The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessmentfrom each compacting state to cover the cost of the internal operations andactivities of the Interstate Commission and its staff which must be in a totalamount sufficient to cover the Interstate Commission's annual budget asapproved each year. The aggregate annual assessment amount shall be allocatedbased upon a formula to be determined by the Interstate Commission, taking intoconsideration the population of each compacting state and the volume ofinterstate movement of juveniles in each compacting state and shall promulgatearule binding upon all compacting states which governs said assessment.
(c) The Interstate Commission shall not incur any obligations of any kindprior to securing the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsby-laws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensed publicaccountant and the report of the audit shall be included in and become part ofthe annual report of the Interstate Commission.
ARTICLE IXTHE STATE COUNCIL
Each member state shall create a State Council for Interstate JuvenileSupervision. While each state may determine the membership of its own statecouncil, its membership must include at least one representative from thelegislative, judicial, and executive branches of government, victims groups,and the compact administrator, deputy compact administrator or designee. Eachcompacting state retains the right to determine the qualifications of thecompact administrator or deputy compact administrator. Each state council willadvise and may exercise oversight and advocacy concerning that state'sparticipation in Interstate Commission activities and other duties as may bedetermined by that state, including but not limited to, development of policyconcerning operations and procedures of the compact within that state.
ARTICLE XCOMPACTING STATES, EFFECTIVEDATE AND AMENDMENT
(a) Any state, the District of Columbia (or its designee), the Commonwealthof Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the NorthernMarianas Islands as defined in Article II of this compact is eligible to becomea compacting state.
(b) The compact shall become effective and binding upon legislativeenactment of the compact into law by no less than 35 of the states. The initialeffective date shall be the later of July 1, 2004 or upon enactment into law bythe 35th jurisdiction. Thereafter it shall become effective and binding as toany other compacting state upon enactment of the compact into law by thatstate. The governors of non-member states or their designees shall be invitedto participate in the activities of the Interstate Commission on a non-votingbasis prior to adoption of the compact by all states and territories of theUnited States.
(c) The Interstate Commission may propose amendments to the compact forenactment by the compacting states. No amendments shall become effective andbinding upon the Interstate Commission and the compacting states unless anduntil it is enacted into law by unanimous consent of the compacting states.
(1) Once effective, the compact shall continue in force and remain bindingupon each and every compacting state; provided that a compacting state maywithdraw from the compact by specifically repealing the statute which enactedthe compact 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 in writing upon the introduction of legislation repealingthis compact in the withdrawing state. The Interstate Commission shall notifythe other compacting states of the withdrawing state's intent to withdrawwithin sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occurupon the withdrawing state reenacting the compact or upon such later date asdetermined by the Interstate Commission.
(1) If the Interstate Commission determines that any compacting state has atanytime defaulted in the performance of any of its obligations or responsibilitiesunder this compact, or the by-laws or duly promulgated rules, the InterstateCommission may impose any or all of the following penalties:
(A) Remedial training and technical assistance as directed by the InterstateCommission;
(B) Alternative Dispute Resolution;
(C) Fines, fees, and costs in such amounts as are deemed to be reasonable asfixed by the Interstate Commission; and
(D) Suspension or termination of membership in the compact, which shall beimposed only after all other reasonable means of securing compliance under theby-laws and rules have been exhausted and the Interstate Commission hastherefore determined that the offending state is in default. Immediate noticeof suspension shall be given by the Interstate Commission to the Governor, theChief Justice or the Chief Judicial Officer of the state, the majority andminority leaders of the defaulting state's legislature, and the state council.The grounds for default include, but are not limited to, failure of acompacting state to perform such obligations or responsibilities imposed uponitby this compact, the by-laws, or duly promulgated rules and any other groundsdesignated in commission by-laws and rules. The Interstate Commission shallimmediately notify the defaulting state in writing of the penalty imposed bythe Interstate Commission and of the default pending a cure of the default. Thecommission shall stipulate the conditions and the time period within which thedefaulting state must cure its default. If the defaulting state fails to curethe default within the time period specified by the commission, the defaultingstate shall be terminated from the compact upon an affirmative vote of amajority of the compacting states and all rights, privileges and benefitsconferred by this compact shall be terminated from the effective date oftermination.
(2) Within sixty days of the effective date of termination of a defaultingstate, the Commission shall notify the Governor, the Chief Justice or ChiefJudicial Officer, the Majority and Minority Leaders of the defaulting state'slegislature, and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations andliabilities incurred through the effective date of termination including anyobligations, the performance of which extends beyond the effective date oftermination.
(4) The Interstate Commission shall not bear any costs relating to thedefaulting state unless otherwise mutually agreed upon in writing between theInterstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires botha reenactment of the compact by the defaulting state and the approval of theInterstate Commission pursuant to the rules.
Section (c) Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legalaction in the United States District Court for the District of Columbia or, atthe discretion of the Interstate Commission, in the federal district where theInterstate Commission has its offices, to enforce compliance with theprovisions of the compact, its duly promulgated rules and by-laws, against anycompacting state in default. In the event judicial enforcement is necessary theprevailing party shall be awarded all costs of such litigation includingreasonable attorneys fees.
Section (d) Dissolution of Compact
(1) The compact dissolves effective upon the date of the withdrawal ordefault of the compacting state, which reduces membership in the compact to onecompacting state.
(2) Upon the dissolution of this compact, the compact becomes null and voidand shall be of no further force or effect, and the business and affairs of theInterstate Commission shall be concluded and any surplus funds shall bedistributed in accordance with the by-laws.
ARTICLE XIISEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any phrase,clause, sentence or provision is deemed unenforceable, the remainingprovisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally construed to effectuateits purposes.
ARTICLE XIIIBINDING EFFECT OF COMPACTAND OTHER LAWS
Section (a) Other Laws
(1) Nothing herein prevents the enforcement of any other law of a compactingstate that is not inconsistent with this compact.
(2) All compacting states' laws other than state Constitutions and otherinterstate compacts conflicting with this compact are superseded to the extentof the conflict.
Section (b) Binding Effect of the Compact
(1) All lawful actions of the Interstate Commission, including all rules andby-laws promulgated by the Interstate Commission, are binding upon thecompacting states.
(2) All agreements between the Interstate Commission and the compactingstates are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretationof Interstate Commission actions, and upon a majority vote of the compactingstates, the Interstate Commission may issue advisory opinions regarding suchmeaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any compacting state, the obligations,duties, powers or jurisdiction sought to be conferred by such provision uponthe Interstate Commission shall be ineffective and such obligations, duties,powers or jurisdiction shall remain in the compacting state and shall beexercised by the agency thereof to which such obligations, duties, powers orjurisdiction are delegated by law in effect at the time this compact becomeseffective.
38-1008.Interstate compact for juveniles.This act may be cited as the Interstate Compact forJuveniles.
THE INTERSTATE COMPACT FOR JUVENILESARTICLE I PURPOSE
The compacting states to this Interstate Compact recognize that each state isresponsible for the proper supervision or return of juveniles, delinquents andstatus offenders who are on probation or parole and who have absconded, escapedor run away from supervision and control and in so doing have endangered theirown safety and the safety of others. The compacting states also recognize thateach state is responsible for the safe return of juveniles who have run awayfrom home and in doing so have left their state of residence. The compactingstates also recognize that Congress, by enacting the Crime Control Act, 4U.S.C. Section 112 (1965), has authorized and encouraged compacts forcooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperativeaction among the compacting states to: (a) ensure that the adjudicatedjuveniles and status offenders subject to this compact are provided adequatesupervision and services in the receiving state as ordered by the adjudicatingjudge or parole authority in the sending state; (b) ensure that the publicsafety interests of the citizens, including the victims of juvenile offenders,in both the sending and receiving states are adequately protected; (c) returnjuveniles who have run away, absconded or escaped from supervision or controlor have been accused of an offense to the state requesting their return; (d)make contracts for the cooperative institutionalization in public facilities inmember states for delinquent youth needing special services; (e) provide forthe effective tracking and supervision of juveniles; (f) equitably allocate thecosts, benefits and obligations of the compacting states; (g) establishprocedures to manage the movement between states of juvenile offenders releasedto the community under the jurisdiction of courts, juvenile departments, or anyother criminal or juvenile justice agency which has jurisdiction over juvenileoffenders; (h) insure immediate notice to jurisdiction where defined offendersare authorized to travel or to relocate across state lines; (i) establishprocedures to resolve pending charges (detainers) against juvenile offendersprior to transfer or release to the community under the terms of this compact;(j) establish a system of uniform data collection on information pertaining tojuvenilessubject to this compact that allows access by authorized juvenile justice andcriminal justice officials, and regular reporting of Compact activities toheads of state executive, judicial, and legislative branches and juvenile andcriminal justice administrators; (k) monitor compliance with rules governinginterstate movement of juveniles and initiate interventions to address andcorrect non-compliance; (l) coordinate training and education regarding theregulation of interstate movement of juveniles for officials involved in suchactivity; and (m) coordinate the implementation and operation of the compactwith the Interstate Compact for the Placement of Children, the InterstateCompact for Adult Offender Supervision and other compacts affecting juvenilesparticularly in those cases where concurrent or overlapping supervision issuesarise. It is the policy of the compacting states that the activities conductedby the Interstate Commission created herein are the formation of publicpolicies and therefore are public business. Furthermore, the compacting statesshall cooperate and observe their individual and collective duties andresponsibilities for the prompt return and acceptance of juveniles subject tothe provisions of this compact. The provisions of this compact shall bereasonably and liberally construed to accomplish the purposes and policies ofthe compact.
ARTICLE IIDEFINITIONS
As used in this compact, unless the context clearly requires a differentconstruction:
(a) "By-laws" means: those by-laws established by the Interstate Commissionfor its governance, or for directing or controlling its actions or conduct.
(b) "Compact Administrator" means: the individual in each compacting stateappointed pursuant to the terms of this compact, responsible for theadministration and management of the state's supervision and transfer ofjuveniles subject to the terms of this compact, the rules adopted by theInterstate Commission and policies adopted by the State Council under thiscompact.
(c) "Compacting State" means: any state which has enacted the enablinglegislation for this compact.
(d) "Commissioner" means: the voting representative of each compacting stateappointed pursuant to Article III of this compact.
(e) "Court" means: any court having jurisdiction over delinquent, neglected,or dependent children.
(f) "Deputy Compact Administrator" means: the individual, if any, in eachcompacting state appointed to act on behalf of a Compact Administrator pursuantto the terms of this compact responsible for the administration and managementof the state's supervision and transfer of juveniles subject to the terms ofthis compact, the rules adopted by the Interstate Commission and policiesadopted by the State Council under this compact.
(g) "Interstate Commission" means: the Interstate Commission for Juvenilescreated by Article III of this compact.
(h) "Juvenile" means: any person defined as a juvenile in any member state orby the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, if committedby an adult, would be a criminal offense:
(2) Adjudicated Delinquent - a person found to have committed an offensethat, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender - a person charged with an offense that would notbe a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have committed an offensethat would not be a criminal offense if committed by an adult; and
(5) Non-Offender - a person in need of supervision who has not been accusedor adjudicated a status offender or delinquent.
(i) "Non-Compacting state" means: any state which has not enacted theenabling legislation for this compact.
(j) "Probation or Parole" means: any kind of supervision or conditionalrelease of juveniles authorized under the laws of the compacting states.
(k) "Rule" means: a written statement by the Interstate Commissionpromulgated pursuant to Article VI of this compact that is of generalapplicability, implements, interprets or prescribes a policy or provision ofthe Compact, or an organizational, procedural, or practice requirement of theCommission, and has the force and effect of statutory law in a compactingstate, and includes the amendment, repeal, or suspension of an existing rule.
(l) "State" means: a state of the United States, the District of Columbia (orits designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,American Samoa, and the Northern Marianas Islands.
ARTICLE IIIINTERSTATE COMMISSION FOR JUVENILES
(a) The compacting states hereby create the "Interstate Commission forJuveniles." The commission shall be a body corporate and joint agency of thecompacting states. The commission shall have all the responsibilities, powersand duties set forth herein, and such additional powers as may be conferredupon it by subsequent action of the respective legislatures of the compactingstates in accordance with the terms of this compact.
(b) The Interstate Commission shall consist of commissioners appointed by theappropriate appointing authority in each state pursuant to the rules andrequirements of each compacting state and in consultation with the StateCouncil for Interstate Juvenile Supervision created hereunder. The commissionershall be the compact administrator, deputy compact administrator or designeefrom that state who shall serve on the Interstate Commission in such capacityunder or pursuant to the applicable law of the compacting state.
(c) In addition to the commissioners who are the voting representatives ofeach state, the Interstate Commission shall include individuals who are notcommissioners, but who are members of interested organizations. Suchnon-commissioner members must include a member of the national organizations ofgovernors, legislators, state chief justices, attorneys general, InterstateCompact for Adult Offender Supervision, Interstate Compact for the Placement ofChildren, juvenile justice and juvenile corrections officials, and crimevictims. All non-commissioner members of the Interstate Commission shall beex-officio (non-voting) members. The Interstate Commission may provide in itsby-laws for such additional ex-officio (non-voting) members, including membersof other national organizations, in such numbers as shall be determined by thecommission.
(d) Each compacting state represented at any meeting of the commission isentitled to one vote. A majority of the compacting states shall constitute aquorum for the transaction of business, unless a larger quorum is required bythe by-laws of the Interstate Commission.
(e) The commission shall meet at least once each calendar year. Thechairperson may call additional meetings and, upon the request of a simplemajority of the compacting states, shall call additional meetings. Publicnotice shall be given of all meetings and meetings shall be open to the public.
(f) The Interstate Commission shall establish an executive committee, whichshall include commission officers, members, and others as determined by theby-laws. The executive committee shall have the power to act on behalf of theInterstate Commission during periods when the Interstate Commission is not insession, with the exception of rulemaking and/or amendment to the compact. Theexecutive committee shall oversee the day-to-day activities of theadministration of the compact managed by an executive director and InterstateCommission staff; administers enforcement and compliance with the provisions ofthe compact, its by-laws and rules, and performs such other duties as directedby the Interstate Commission or set forth in the by-laws.
(g) Each member of the Interstate Commission shall have the right and powerto cast a vote to which that compacting state is entitled and to participate inthe business and affairs of the Interstate Commission. A member shall vote inperson and shall not delegate a vote to another compacting state. However, acommissioner, in consultation with the state council, shall appoint anotherauthorized representative, in the absence of the commissioner from that state,to cast a vote on behalf of the compacting state at a specified meeting. Theby-laws may provide for members' participation in meetings by telephone orothermeans of telecommunication or electronic communication.
(h) The Interstate Commission's by-laws shall establish conditions andprocedures under which the Interstate Commission shall make its information andofficial records available to the public for inspection or copying. TheInterstate Commission may exempt from disclosure any information or officialrecords to the extent they would adversely affect personal privacy rights orproprietary interests.
(i) Public notice shall be given of all meetings and all meetings shall beopen to the public, except as set forth in the Rules or as otherwise providedin the Compact. The Interstate Commission and any of its committees may close ameeting to the public where it determines by two-thirds vote that an openmeeting would be likely to:
(1) Relate solely to the Interstate Commission's internal personnel practicesand procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which isprivileged or confidential;
(4) Involve accusing any person of a crime, or formally censuring anyperson;
(5) Disclose information of a personal nature where disclosure wouldconstitute aclearly unwarranted invasion of personal privacy;
(6) Disclose investigative records compiled for law enforcement purposes;
(7) Disclose information contained in or related to examination,operating or condition reports prepared by, or on behalf of or for the use of,the Interstate Commission with respect to a regulated person or entity for thepurpose of regulation or supervision of such person or entity;
(8) Disclose information, the premature disclosure of which wouldsignificantly endanger the stability of a regulated person or entity; or
(9) Specifically relate to the Interstate Commission's issuance of asubpoena, or its participation in a civil action or other legal proceeding.
(j) For every meeting closed pursuant to this provision, the InterstateCommission's legal counsel shall publicly certify that, in the legal counsel'sopinion, the meeting may be closed to the public, and shall reference eachrelevant exemptive provision. The Interstate Commission shall keep minuteswhich shall fully and clearly describe all matters discussed in any meetingand shall provide a full and accurate summary of any actions taken, and thereasons therefore, including a description of each of the views expressed onany item and the record of any roll call vote (reflected in the vote of eachmember on the question). All documents considered in connection with any actionshall be identified in such minutes.
(k) The Interstate Commission shall collect standardized data concerning theinterstate movement of juveniles as directed through its rules which shallspecify the data to be collected, the means of collection and data exchange andreporting requirements. Such methods of data collection, exchange and reportingshall insofar as is reasonably possible conform to up-to-date technology,and coordinate its information functions with theappropriate repository of records.
ARTICLE IVPOWERS AND DUTIES OF THEINTERSTATE COMMISSION
The commission shall have the following powers and duties:
(1) To provide for dispute resolution among compacting states.
(2) To promulgate rules to effect the purposes and obligations as enumeratedin this compact, which shall have the force and effect of statutory law andshall be binding in the compacting states to the extent and in the mannerprovided in this compact.
(3) To oversee, supervise and coordinate the interstate movement of juvenilessubject to the terms of this compact and any by-laws adopted and rulespromulgated by the Interstate Commission.
(4) To enforce compliance with the compact provisions, the rules promulgatedby the Interstate Commission, and the by-laws, using all necessary and propermeans, including but not limited to the use of judicial process.
(5) To establish and maintain offices which shall be located within one ormore of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services of personnel.
(8) To establish and appoint committees and hire staff which it deemsnecessary for the carrying out of its functions including, but not limited to,an executive committee as required by Article III which shall have the power toact on behalf of the Interstate Commission in carrying out its power and dutieshereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fix their compensation, define their duties and determinetheir qualifications; and to establish the Interstate Commission's personnelpolicies and programs relating to, inter alia, conflicts of interest, rates ofcompensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment,supplies, materials, and services, and to receive, utilize, and dispose of it.
(11) To lease, purchase, accept contributions or donations of, or otherwiseto own, hold, improve or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, orotherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided inArticle VIII of this compact.
(14) To sue and be sued.
(15) To adopt a seal and by-laws governing the management and operation ofthe Interstate Commission.
(16) To perform such functions as may be necessary or appropriate to achievethe purposes of this compact.
(17) To report annually to the legislatures, governors, judiciary, and statecouncils of the compacting states concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission.
(18) To coordinate education, training and public awareness regarding theinterstate movement of juveniles for officials involved in such activity.
(19) To establish uniform standards of the reporting, collecting andexchanging of data.
(20) The Interstate Commission shall maintain its corporate books and recordsin accordance with the By-laws.
ARTICLE VORGANIZATION AND OPERATION OF THEINTERSTATE COMMISSION
Section (a) By-laws
(1) The Interstate Commission shall, by a majority of the members present andvoting, within twelve months after the first Interstate Commission meeting,adopt by-laws to govern its conduct as may be necessary or appropriate to carryout the purposes of the compact, including, but not limited to:
(A) Establishing the fiscal year of the Interstate Commission;
(B) Establishing an executive committee and such other committees as may benecessary;
(C) Provide for the establishment of committees governing any general orspecific delegation of any authority or function of the Interstate Commission;
(D) Providing reasonable procedures for calling and conducting meetings ofthe Interstate Commission, and ensuring reasonable notice of each such meeting;
(E) Establishing the titles and responsibilities of the officers of theInterstate Commission;
(F) Providing a mechanism for concluding the operations of the InterstateCommission and the return of any surplus funds that may exist upon thetermination of the Compact after the payment and/or reserving of all of itsdebts and obligations.
(G) Providing "start-up" rules for initial administration of the compact; and
(H) Establishing standards and procedures for compliance and technicalassistance in carrying out the compact.
Section (b) Officers and Staff
(1) The Interstate Commission shall, by a majority of the members, electannually from among its members a chairperson and a vice chairperson, each ofwhom shall have such authority and duties as may be specified in the by-laws.The chairperson or, in the chairperson's absence or disability, thevice-chairperson shall preside at all meetings of the Interstate Commission.The officers so elected shall serve without compensation or remuneration fromthe Interstate Commission; provided that, subject to the availability ofbudgeted funds, the officers shall be reimbursed for any ordinary and necessarycosts and expenses incurred by them in the performance of their duties andresponsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appointor retain an executive director for such period, upon such terms and conditionsand for such compensation as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,but shall not be a Member and shall hire and supervise such other staff as maybe authorized by the Interstate Commission.
Section (c) Qualified Immunity, Defense and Indemnification
(1) The Commission's executive director and employees shall be immune fromsuit and liability, either personally or in their official capacity, for anyclaim for damage to or loss of property or personal injury or other civilliability caused or arising out of or relating to any actual or alleged act,error, or omission that occurred, or that such person had a reasonable basisfor believing occurred within the scope of Commission employment, duties, orresponsibilities; provided, that any such person shall not be protected fromsuit or liability for any damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or agent of acommissioner, acting within the scope of such person's employment or dutiesfor acts, errors, or omissions occurring within such person's state may notexceed the limits of liability set forth under the Constitution and laws ofthat state for state officials, employees, and agents. Nothing in thissubsection shall be construed to protect any such person from suit or liabilityfor any damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.
(3) The Interstate Commission shall defend the executive director or theemployees or representatives of the Interstate Commission and, subject to theapproval of the Attorney General of the state represented by any commissionerof a compacting state, shall defend such commissioner or the commissioner'srepresentatives or employees in any civil action seeking to impose liabilityarising out of any actual or alleged act, error or omission that occurredwithinthe scope of Interstate Commission employment, duties or responsibilities, orthat the defendant had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities,provided that the actual or alleged act, error, or omission did not result fromintentional or willful and wanton misconduct on the part of such person.
(4) The Interstate Commission shall indemnify and hold the commissioner of acompacting state, or the commissioner's representatives or employees, or theInterstate Commission's representatives or employees, harmless in the amountof any settlement or judgment obtained against such persons arising out of anyactual or alleged act, error, or omission that occurred within the scope ofInterstate Commission employment, duties, or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties, or responsibilities, provided thatthe actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such persons.
ARTICLE VIRULEMAKING FUNCTIONS OF THEINTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate and publish rules in order toeffectively and efficiently achieve the purposes of the compact.
(b) Rulemaking shall occur pursuant to the criteria set forth in this articleand the by-laws and rules adopted pursuant thereto. Such rulemaking shallsubstantially conform to the principles of the "Model State AdministrativeProcedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15,p.1 (2000), or suchother administrative procedures act, as the Interstate Commission deemsappropriate consistent with due process requirements under the U.S.Constitution as now or hereafter interpreted by the U.S. Supreme Court. Allrules and amendments shall become binding as of the date specified, aspublished with the final version of the rule as approved by the Commission.
(c) When promulgating a rule, the Interstate Commission shall, at a minimum:
(1) publish the proposed rule's entire text stating the reason(s) for thatproposed rule;
(2) allow and invite any and all persons to submit written data, facts,opinions and arguments, which information shall be added to the record, and bemade publicly available;
(3) provide an opportunity for an informal hearing if petitioned by ten (10)or more persons; and
(4) promulgate a final rule and its effective date, if appropriate, based oninput from state or local officials, or interested parties.
(d) Allow, not later than sixty days after a rule is promulgated, anyinterested person to file a petition in the United States District Court of theDistrict of Columbia or in the Federal District Court where the InterstateCommission's principal office is located for judicial review of such rule. Ifthe court finds that the Interstate Commission's action is not supported bysubstantial evidence in the rulemaking record, the court shall hold the ruleunlawful and set it aside. For purposes of this subsection, evidence issubstantial if it would be considered substantial evidence under the ModelState Administrative Procedures Act.
(e) If a majority of the legislatures of the compacting states rejects arule, those states may, by enactment of a statute or resolution in the samemanner used to adopt the compact, cause that such rule shall have no furtherforce and effect in any compacting state.
(f) The existing rules governing the operation of the Interstate Compact onJuveniles superseded by this act shall be null and void twelve (12) monthsafter the first meeting of the Interstate Commission created hereunder.
(g) Upon determination by the Interstate Commission that a state-of-emergencyexists, it may promulgate an emergency rule which shall become effectiveimmediately upon adoption, provided that the usual rulemaking proceduresprovided hereunder shall be retroactively applied to said rule as soon asreasonably possible, but no later than ninety (90) days after the effectivedate of the emergency rule.
ARTICLE VIIOVERSIGHT, ENFORCEMENT ANDDISPUTE RESOLUTION BY THEINTERSTATE COMMISSION
Section (a) Oversight
(1) The Interstate Commission shall oversee the administration and operationsof the interstate movement of juveniles subject to this compact in thecompacting states and shall monitor such activities being administered innon-compacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforcethis compact and shall take all actions necessary and appropriate to effectuatethe compact's purposes and intent. The provisions of this compact and the rulespromulgated hereunder shall be received by all the judges, public officers,commissions, and departments of the state government as evidence of theauthorized statute and administrative rules. All courts shall take judicialnotice of the compact and the rules. In any judicial or administrativeproceeding in a compacting state pertaining to the subject matter of thiscompact which may affect the powers, responsibilities or actions of theInterstate Commission, it shall be entitled to receive all service of processin any such proceeding, and shall have standing to intervene in the proceedingfor all purposes.
Section (b) Dispute Resolution
(1) The compacting states shall report to the Interstate Commission on allissues and activities necessary for the administration of the compact as wellas issues and activities pertaining to compliance with the provisions of thecompact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compactingstate, to resolve any disputes or other issues which are subject to the compactand which may arise among compacting states and between compacting andnon-compacting states. The commission shall promulgate a rule providing forboth mediation and binding dispute resolution for disputes among the compactingstates.
(3) The Interstate Commission, in the reasonable exercise of its discretion,shall enforce the provisions and rules of this compact using any or all meansset forth in Article XI of this compact.
ARTICLE VIIITHE STATE COUNCIL
(a) The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessmentfrom each compacting state to cover the cost of the internal operations andactivities of the Interstate Commission and its staff which must be in a totalamount sufficient to cover the Interstate Commission's annual budget asapproved each year. The aggregate annual assessment amount shall be allocatedbased upon a formula to be determined by the Interstate Commission, taking intoconsideration the population of each compacting state and the volume ofinterstate movement of juveniles in each compacting state and shall promulgatearule binding upon all compacting states which governs said assessment.
(c) The Interstate Commission shall not incur any obligations of any kindprior to securing the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsby-laws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensed publicaccountant and the report of the audit shall be included in and become part ofthe annual report of the Interstate Commission.
ARTICLE IXTHE STATE COUNCIL
Each member state shall create a State Council for Interstate JuvenileSupervision. While each state may determine the membership of its own statecouncil, its membership must include at least one representative from thelegislative, judicial, and executive branches of government, victims groups,and the compact administrator, deputy compact administrator or designee. Eachcompacting state retains the right to determine the qualifications of thecompact administrator or deputy compact administrator. Each state council willadvise and may exercise oversight and advocacy concerning that state'sparticipation in Interstate Commission activities and other duties as may bedetermined by that state, including but not limited to, development of policyconcerning operations and procedures of the compact within that state.
ARTICLE XCOMPACTING STATES, EFFECTIVEDATE AND AMENDMENT
(a) Any state, the District of Columbia (or its designee), the Commonwealthof Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the NorthernMarianas Islands as defined in Article II of this compact is eligible to becomea compacting state.
(b) The compact shall become effective and binding upon legislativeenactment of the compact into law by no less than 35 of the states. The initialeffective date shall be the later of July 1, 2004 or upon enactment into law bythe 35th jurisdiction. Thereafter it shall become effective and binding as toany other compacting state upon enactment of the compact into law by thatstate. The governors of non-member states or their designees shall be invitedto participate in the activities of the Interstate Commission on a non-votingbasis prior to adoption of the compact by all states and territories of theUnited States.
(c) The Interstate Commission may propose amendments to the compact forenactment by the compacting states. No amendments shall become effective andbinding upon the Interstate Commission and the compacting states unless anduntil it is enacted into law by unanimous consent of the compacting states.
(1) Once effective, the compact shall continue in force and remain bindingupon each and every compacting state; provided that a compacting state maywithdraw from the compact by specifically repealing the statute which enactedthe compact 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 in writing upon the introduction of legislation repealingthis compact in the withdrawing state. The Interstate Commission shall notifythe other compacting states of the withdrawing state's intent to withdrawwithin sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occurupon the withdrawing state reenacting the compact or upon such later date asdetermined by the Interstate Commission.
(1) If the Interstate Commission determines that any compacting state has atanytime defaulted in the performance of any of its obligations or responsibilitiesunder this compact, or the by-laws or duly promulgated rules, the InterstateCommission may impose any or all of the following penalties:
(A) Remedial training and technical assistance as directed by the InterstateCommission;
(B) Alternative Dispute Resolution;
(C) Fines, fees, and costs in such amounts as are deemed to be reasonable asfixed by the Interstate Commission; and
(D) Suspension or termination of membership in the compact, which shall beimposed only after all other reasonable means of securing compliance under theby-laws and rules have been exhausted and the Interstate Commission hastherefore determined that the offending state is in default. Immediate noticeof suspension shall be given by the Interstate Commission to the Governor, theChief Justice or the Chief Judicial Officer of the state, the majority andminority leaders of the defaulting state's legislature, and the state council.The grounds for default include, but are not limited to, failure of acompacting state to perform such obligations or responsibilities imposed uponitby this compact, the by-laws, or duly promulgated rules and any other groundsdesignated in commission by-laws and rules. The Interstate Commission shallimmediately notify the defaulting state in writing of the penalty imposed bythe Interstate Commission and of the default pending a cure of the default. Thecommission shall stipulate the conditions and the time period within which thedefaulting state must cure its default. If the defaulting state fails to curethe default within the time period specified by the commission, the defaultingstate shall be terminated from the compact upon an affirmative vote of amajority of the compacting states and all rights, privileges and benefitsconferred by this compact shall be terminated from the effective date oftermination.
(2) Within sixty days of the effective date of termination of a defaultingstate, the Commission shall notify the Governor, the Chief Justice or ChiefJudicial Officer, the Majority and Minority Leaders of the defaulting state'slegislature, and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations andliabilities incurred through the effective date of termination including anyobligations, the performance of which extends beyond the effective date oftermination.
(4) The Interstate Commission shall not bear any costs relating to thedefaulting state unless otherwise mutually agreed upon in writing between theInterstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires botha reenactment of the compact by the defaulting state and the approval of theInterstate Commission pursuant to the rules.
Section (c) Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legalaction in the United States District Court for the District of Columbia or, atthe discretion of the Interstate Commission, in the federal district where theInterstate Commission has its offices, to enforce compliance with theprovisions of the compact, its duly promulgated rules and by-laws, against anycompacting state in default. In the event judicial enforcement is necessary theprevailing party shall be awarded all costs of such litigation includingreasonable attorneys fees.
Section (d) Dissolution of Compact
(1) The compact dissolves effective upon the date of the withdrawal ordefault of the compacting state, which reduces membership in the compact to onecompacting state.
(2) Upon the dissolution of this compact, the compact becomes null and voidand shall be of no further force or effect, and the business and affairs of theInterstate Commission shall be concluded and any surplus funds shall bedistributed in accordance with the by-laws.
ARTICLE XIISEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any phrase,clause, sentence or provision is deemed unenforceable, the remainingprovisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally construed to effectuateits purposes.
ARTICLE XIIIBINDING EFFECT OF COMPACTAND OTHER LAWS
Section (a) Other Laws
(1) Nothing herein prevents the enforcement of any other law of a compactingstate that is not inconsistent with this compact.
(2) All compacting states' laws other than state Constitutions and otherinterstate compacts conflicting with this compact are superseded to the extentof the conflict.
Section (b) Binding Effect of the Compact
(1) All lawful actions of the Interstate Commission, including all rules andby-laws promulgated by the Interstate Commission, are binding upon thecompacting states.
(2) All agreements between the Interstate Commission and the compactingstates are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretationof Interstate Commission actions, and upon a majority vote of the compactingstates, the Interstate Commission may issue advisory opinions regarding suchmeaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any compacting state, the obligations,duties, powers or jurisdiction sought to be conferred by such provision uponthe Interstate Commission shall be ineffective and such obligations, duties,powers or jurisdiction shall remain in the compacting state and shall beexercised by the agency thereof to which such obligations, duties, powers orjurisdiction are delegated by law in effect at the time this compact becomeseffective.
38-1008.Interstate compact for juveniles.This act may be cited as the Interstate Compact forJuveniles.
THE INTERSTATE COMPACT FOR JUVENILESARTICLE I PURPOSE
The compacting states to this Interstate Compact recognize that each state isresponsible for the proper supervision or return of juveniles, delinquents andstatus offenders who are on probation or parole and who have absconded, escapedor run away from supervision and control and in so doing have endangered theirown safety and the safety of others. The compacting states also recognize thateach state is responsible for the safe return of juveniles who have run awayfrom home and in doing so have left their state of residence. The compactingstates also recognize that Congress, by enacting the Crime Control Act, 4U.S.C. Section 112 (1965), has authorized and encouraged compacts forcooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperativeaction among the compacting states to: (a) ensure that the adjudicatedjuveniles and status offenders subject to this compact are provided adequatesupervision and services in the receiving state as ordered by the adjudicatingjudge or parole authority in the sending state; (b) ensure that the publicsafety interests of the citizens, including the victims of juvenile offenders,in both the sending and receiving states are adequately protected; (c) returnjuveniles who have run away, absconded or escaped from supervision or controlor have been accused of an offense to the state requesting their return; (d)make contracts for the cooperative institutionalization in public facilities inmember states for delinquent youth needing special services; (e) provide forthe effective tracking and supervision of juveniles; (f) equitably allocate thecosts, benefits and obligations of the compacting states; (g) establishprocedures to manage the movement between states of juvenile offenders releasedto the community under the jurisdiction of courts, juvenile departments, or anyother criminal or juvenile justice agency which has jurisdiction over juvenileoffenders; (h) insure immediate notice to jurisdiction where defined offendersare authorized to travel or to relocate across state lines; (i) establishprocedures to resolve pending charges (detainers) against juvenile offendersprior to transfer or release to the community under the terms of this compact;(j) establish a system of uniform data collection on information pertaining tojuvenilessubject to this compact that allows access by authorized juvenile justice andcriminal justice officials, and regular reporting of Compact activities toheads of state executive, judicial, and legislative branches and juvenile andcriminal justice administrators; (k) monitor compliance with rules governinginterstate movement of juveniles and initiate interventions to address andcorrect non-compliance; (l) coordinate training and education regarding theregulation of interstate movement of juveniles for officials involved in suchactivity; and (m) coordinate the implementation and operation of the compactwith the Interstate Compact for the Placement of Children, the InterstateCompact for Adult Offender Supervision and other compacts affecting juvenilesparticularly in those cases where concurrent or overlapping supervision issuesarise. It is the policy of the compacting states that the activities conductedby the Interstate Commission created herein are the formation of publicpolicies and therefore are public business. Furthermore, the compacting statesshall cooperate and observe their individual and collective duties andresponsibilities for the prompt return and acceptance of juveniles subject tothe provisions of this compact. The provisions of this compact shall bereasonably and liberally construed to accomplish the purposes and policies ofthe compact.
ARTICLE IIDEFINITIONS
As used in this compact, unless the context clearly requires a differentconstruction:
(a) "By-laws" means: those by-laws established by the Interstate Commissionfor its governance, or for directing or controlling its actions or conduct.
(b) "Compact Administrator" means: the individual in each compacting stateappointed pursuant to the terms of this compact, responsible for theadministration and management of the state's supervision and transfer ofjuveniles subject to the terms of this compact, the rules adopted by theInterstate Commission and policies adopted by the State Council under thiscompact.
(c) "Compacting State" means: any state which has enacted the enablinglegislation for this compact.
(d) "Commissioner" means: the voting representative of each compacting stateappointed pursuant to Article III of this compact.
(e) "Court" means: any court having jurisdiction over delinquent, neglected,or dependent children.
(f) "Deputy Compact Administrator" means: the individual, if any, in eachcompacting state appointed to act on behalf of a Compact Administrator pursuantto the terms of this compact responsible for the administration and managementof the state's supervision and transfer of juveniles subject to the terms ofthis compact, the rules adopted by the Interstate Commission and policiesadopted by the State Council under this compact.
(g) "Interstate Commission" means: the Interstate Commission for Juvenilescreated by Article III of this compact.
(h) "Juvenile" means: any person defined as a juvenile in any member state orby the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, if committedby an adult, would be a criminal offense:
(2) Adjudicated Delinquent - a person found to have committed an offensethat, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender - a person charged with an offense that would notbe a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have committed an offensethat would not be a criminal offense if committed by an adult; and
(5) Non-Offender - a person in need of supervision who has not been accusedor adjudicated a status offender or delinquent.
(i) "Non-Compacting state" means: any state which has not enacted theenabling legislation for this compact.
(j) "Probation or Parole" means: any kind of supervision or conditionalrelease of juveniles authorized under the laws of the compacting states.
(k) "Rule" means: a written statement by the Interstate Commissionpromulgated pursuant to Article VI of this compact that is of generalapplicability, implements, interprets or prescribes a policy or provision ofthe Compact, or an organizational, procedural, or practice requirement of theCommission, and has the force and effect of statutory law in a compactingstate, and includes the amendment, repeal, or suspension of an existing rule.
(l) "State" means: a state of the United States, the District of Columbia (orits designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,American Samoa, and the Northern Marianas Islands.
ARTICLE IIIINTERSTATE COMMISSION FOR JUVENILES
(a) The compacting states hereby create the "Interstate Commission forJuveniles." The commission shall be a body corporate and joint agency of thecompacting states. The commission shall have all the responsibilities, powersand duties set forth herein, and such additional powers as may be conferredupon it by subsequent action of the respective legislatures of the compactingstates in accordance with the terms of this compact.
(b) The Interstate Commission shall consist of commissioners appointed by theappropriate appointing authority in each state pursuant to the rules andrequirements of each compacting state and in consultation with the StateCouncil for Interstate Juvenile Supervision created hereunder. The commissionershall be the compact administrator, deputy compact administrator or designeefrom that state who shall serve on the Interstate Commission in such capacityunder or pursuant to the applicable law of the compacting state.
(c) In addition to the commissioners who are the voting representatives ofeach state, the Interstate Commission shall include individuals who are notcommissioners, but who are members of interested organizations. Suchnon-commissioner members must include a member of the national organizations ofgovernors, legislators, state chief justices, attorneys general, InterstateCompact for Adult Offender Supervision, Interstate Compact for the Placement ofChildren, juvenile justice and juvenile corrections officials, and crimevictims. All non-commissioner members of the Interstate Commission shall beex-officio (non-voting) members. The Interstate Commission may provide in itsby-laws for such additional ex-officio (non-voting) members, including membersof other national organizations, in such numbers as shall be determined by thecommission.
(d) Each compacting state represented at any meeting of the commission isentitled to one vote. A majority of the compacting states shall constitute aquorum for the transaction of business, unless a larger quorum is required bythe by-laws of the Interstate Commission.
(e) The commission shall meet at least once each calendar year. Thechairperson may call additional meetings and, upon the request of a simplemajority of the compacting states, shall call additional meetings. Publicnotice shall be given of all meetings and meetings shall be open to the public.
(f) The Interstate Commission shall establish an executive committee, whichshall include commission officers, members, and others as determined by theby-laws. The executive committee shall have the power to act on behalf of theInterstate Commission during periods when the Interstate Commission is not insession, with the exception of rulemaking and/or amendment to the compact. Theexecutive committee shall oversee the day-to-day activities of theadministration of the compact managed by an executive director and InterstateCommission staff; administers enforcement and compliance with the provisions ofthe compact, its by-laws and rules, and performs such other duties as directedby the Interstate Commission or set forth in the by-laws.
(g) Each member of the Interstate Commission shall have the right and powerto cast a vote to which that compacting state is entitled and to participate inthe business and affairs of the Interstate Commission. A member shall vote inperson and shall not delegate a vote to another compacting state. However, acommissioner, in consultation with the state council, shall appoint anotherauthorized representative, in the absence of the commissioner from that state,to cast a vote on behalf of the compacting state at a specified meeting. Theby-laws may provide for members' participation in meetings by telephone orothermeans of telecommunication or electronic communication.
(h) The Interstate Commission's by-laws shall establish conditions andprocedures under which the Interstate Commission shall make its information andofficial records available to the public for inspection or copying. TheInterstate Commission may exempt from disclosure any information or officialrecords to the extent they would adversely affect personal privacy rights orproprietary interests.
(i) Public notice shall be given of all meetings and all meetings shall beopen to the public, except as set forth in the Rules or as otherwise providedin the Compact. The Interstate Commission and any of its committees may close ameeting to the public where it determines by two-thirds vote that an openmeeting would be likely to:
(1) Relate solely to the Interstate Commission's internal personnel practicesand procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which isprivileged or confidential;
(4) Involve accusing any person of a crime, or formally censuring anyperson;
(5) Disclose information of a personal nature where disclosure wouldconstitute aclearly unwarranted invasion of personal privacy;
(6) Disclose investigative records compiled for law enforcement purposes;
(7) Disclose information contained in or related to examination,operating or condition reports prepared by, or on behalf of or for the use of,the Interstate Commission with respect to a regulated person or entity for thepurpose of regulation or supervision of such person or entity;
(8) Disclose information, the premature disclosure of which wouldsignificantly endanger the stability of a regulated person or entity; or
(9) Specifically relate to the Interstate Commission's issuance of asubpoena, or its participation in a civil action or other legal proceeding.
(j) For every meeting closed pursuant to this provision, the InterstateCommission's legal counsel shall publicly certify that, in the legal counsel'sopinion, the meeting may be closed to the public, and shall reference eachrelevant exemptive provision. The Interstate Commission shall keep minuteswhich shall fully and clearly describe all matters discussed in any meetingand shall provide a full and accurate summary of any actions taken, and thereasons therefore, including a description of each of the views expressed onany item and the record of any roll call vote (reflected in the vote of eachmember on the question). All documents considered in connection with any actionshall be identified in such minutes.
(k) The Interstate Commission shall collect standardized data concerning theinterstate movement of juveniles as directed through its rules which shallspecify the data to be collected, the means of collection and data exchange andreporting requirements. Such methods of data collection, exchange and reportingshall insofar as is reasonably possible conform to up-to-date technology,and coordinate its information functions with theappropriate repository of records.
ARTICLE IVPOWERS AND DUTIES OF THEINTERSTATE COMMISSION
The commission shall have the following powers and duties:
(1) To provide for dispute resolution among compacting states.
(2) To promulgate rules to effect the purposes and obligations as enumeratedin this compact, which shall have the force and effect of statutory law andshall be binding in the compacting states to the extent and in the mannerprovided in this compact.
(3) To oversee, supervise and coordinate the interstate movement of juvenilessubject to the terms of this compact and any by-laws adopted and rulespromulgated by the Interstate Commission.
(4) To enforce compliance with the compact provisions, the rules promulgatedby the Interstate Commission, and the by-laws, using all necessary and propermeans, including but not limited to the use of judicial process.
(5) To establish and maintain offices which shall be located within one ormore of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services of personnel.
(8) To establish and appoint committees and hire staff which it deemsnecessary for the carrying out of its functions including, but not limited to,an executive committee as required by Article III which shall have the power toact on behalf of the Interstate Commission in carrying out its power and dutieshereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fix their compensation, define their duties and determinetheir qualifications; and to establish the Interstate Commission's personnelpolicies and programs relating to, inter alia, conflicts of interest, rates ofcompensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment,supplies, materials, and services, and to receive, utilize, and dispose of it.
(11) To lease, purchase, accept contributions or donations of, or otherwiseto own, hold, improve or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, orotherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided inArticle VIII of this compact.
(14) To sue and be sued.
(15) To adopt a seal and by-laws governing the management and operation ofthe Interstate Commission.
(16) To perform such functions as may be necessary or appropriate to achievethe purposes of this compact.
(17) To report annually to the legislatures, governors, judiciary, and statecouncils of the compacting states concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission.
(18) To coordinate education, training and public awareness regarding theinterstate movement of juveniles for officials involved in such activity.
(19) To establish uniform standards of the reporting, collecting andexchanging of data.
(20) The Interstate Commission shall maintain its corporate books and recordsin accordance with the By-laws.
ARTICLE VORGANIZATION AND OPERATION OF THEINTERSTATE COMMISSION
Section (a) By-laws
(1) The Interstate Commission shall, by a majority of the members present andvoting, within twelve months after the first Interstate Commission meeting,adopt by-laws to govern its conduct as may be necessary or appropriate to carryout the purposes of the compact, including, but not limited to:
(A) Establishing the fiscal year of the Interstate Commission;
(B) Establishing an executive committee and such other committees as may benecessary;
(C) Provide for the establishment of committees governing any general orspecific delegation of any authority or function of the Interstate Commission;
(D) Providing reasonable procedures for calling and conducting meetings ofthe Interstate Commission, and ensuring reasonable notice of each such meeting;
(E) Establishing the titles and responsibilities of the officers of theInterstate Commission;
(F) Providing a mechanism for concluding the operations of the InterstateCommission and the return of any surplus funds that may exist upon thetermination of the Compact after the payment and/or reserving of all of itsdebts and obligations.
(G) Providing "start-up" rules for initial administration of the compact; and
(H) Establishing standards and procedures for compliance and technicalassistance in carrying out the compact.
Section (b) Officers and Staff
(1) The Interstate Commission shall, by a majority of the members, electannually from among its members a chairperson and a vice chairperson, each ofwhom shall have such authority and duties as may be specified in the by-laws.The chairperson or, in the chairperson's absence or disability, thevice-chairperson shall preside at all meetings of the Interstate Commission.The officers so elected shall serve without compensation or remuneration fromthe Interstate Commission; provided that, subject to the availability ofbudgeted funds, the officers shall be reimbursed for any ordinary and necessarycosts and expenses incurred by them in the performance of their duties andresponsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appointor retain an executive director for such period, upon such terms and conditionsand for such compensation as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,but shall not be a Member and shall hire and supervise such other staff as maybe authorized by the Interstate Commission.
Section (c) Qualified Immunity, Defense and Indemnification
(1) The Commission's executive director and employees shall be immune fromsuit and liability, either personally or in their official capacity, for anyclaim for damage to or loss of property or personal injury or other civilliability caused or arising out of or relating to any actual or alleged act,error, or omission that occurred, or that such person had a reasonable basisfor believing occurred within the scope of Commission employment, duties, orresponsibilities; provided, that any such person shall not be protected fromsuit or liability for any damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or agent of acommissioner, acting within the scope of such person's employment or dutiesfor acts, errors, or omissions occurring within such person's state may notexceed the limits of liability set forth under the Constitution and laws ofthat state for state officials, employees, and agents. Nothing in thissubsection shall be construed to protect any such person from suit or liabilityfor any damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.
(3) The Interstate Commission shall defend the executive director or theemployees or representatives of the Interstate Commission and, subject to theapproval of the Attorney General of the state represented by any commissionerof a compacting state, shall defend such commissioner or the commissioner'srepresentatives or employees in any civil action seeking to impose liabilityarising out of any actual or alleged act, error or omission that occurredwithinthe scope of Interstate Commission employment, duties or responsibilities, orthat the defendant had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities,provided that the actual or alleged act, error, or omission did not result fromintentional or willful and wanton misconduct on the part of such person.
(4) The Interstate Commission shall indemnify and hold the commissioner of acompacting state, or the commissioner's representatives or employees, or theInterstate Commission's representatives or employees, harmless in the amountof any settlement or judgment obtained against such persons arising out of anyactual or alleged act, error, or omission that occurred within the scope ofInterstate Commission employment, duties, or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties, or responsibilities, provided thatthe actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such persons.
ARTICLE VIRULEMAKING FUNCTIONS OF THEINTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate and publish rules in order toeffectively and efficiently achieve the purposes of the compact.
(b) Rulemaking shall occur pursuant to the criteria set forth in this articleand the by-laws and rules adopted pursuant thereto. Such rulemaking shallsubstantially conform to the principles of the "Model State AdministrativeProcedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15,p.1 (2000), or suchother administrative procedures act, as the Interstate Commission deemsappropriate consistent with due process requirements under the U.S.Constitution as now or hereafter interpreted by the U.S. Supreme Court. Allrules and amendments shall become binding as of the date specified, aspublished with the final version of the rule as approved by the Commission.
(c) When promulgating a rule, the Interstate Commission shall, at a minimum:
(1) publish the proposed rule's entire text stating the reason(s) for thatproposed rule;
(2) allow and invite any and all persons to submit written data, facts,opinions and arguments, which information shall be added to the record, and bemade publicly available;
(3) provide an opportunity for an informal hearing if petitioned by ten (10)or more persons; and
(4) promulgate a final rule and its effective date, if appropriate, based oninput from state or local officials, or interested parties.
(d) Allow, not later than sixty days after a rule is promulgated, anyinterested person to file a petition in the United States District Court of theDistrict of Columbia or in the Federal District Court where the InterstateCommission's principal office is located for judicial review of such rule. Ifthe court finds that the Interstate Commission's action is not supported bysubstantial evidence in the rulemaking record, the court shall hold the ruleunlawful and set it aside. For purposes of this subsection, evidence issubstantial if it would be considered substantial evidence under the ModelState Administrative Procedures Act.
(e) If a majority of the legislatures of the compacting states rejects arule, those states may, by enactment of a statute or resolution in the samemanner used to adopt the compact, cause that such rule shall have no furtherforce and effect in any compacting state.
(f) The existing rules governing the operation of the Interstate Compact onJuveniles superseded by this act shall be null and void twelve (12) monthsafter the first meeting of the Interstate Commission created hereunder.
(g) Upon determination by the Interstate Commission that a state-of-emergencyexists, it may promulgate an emergency rule which shall become effectiveimmediately upon adoption, provided that the usual rulemaking proceduresprovided hereunder shall be retroactively applied to said rule as soon asreasonably possible, but no later than ninety (90) days after the effectivedate of the emergency rule.
ARTICLE VIIOVERSIGHT, ENFORCEMENT ANDDISPUTE RESOLUTION BY THEINTERSTATE COMMISSION
Section (a) Oversight
(1) The Interstate Commission shall oversee the administration and operationsof the interstate movement of juveniles subject to this compact in thecompacting states and shall monitor such activities being administered innon-compacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforcethis compact and shall take all actions necessary and appropriate to effectuatethe compact's purposes and intent. The provisions of this compact and the rulespromulgated hereunder shall be received by all the judges, public officers,commissions, and departments of the state government as evidence of theauthorized statute and administrative rules. All courts shall take judicialnotice of the compact and the rules. In any judicial or administrativeproceeding in a compacting state pertaining to the subject matter of thiscompact which may affect the powers, responsibilities or actions of theInterstate Commission, it shall be entitled to receive all service of processin any such proceeding, and shall have standing to intervene in the proceedingfor all purposes.
Section (b) Dispute Resolution
(1) The compacting states shall report to the Interstate Commission on allissues and activities necessary for the administration of the compact as wellas issues and activities pertaining to compliance with the provisions of thecompact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compactingstate, to resolve any disputes or other issues which are subject to the compactand which may arise among compacting states and between compacting andnon-compacting states. The commission shall promulgate a rule providing forboth mediation and binding dispute resolution for disputes among the compactingstates.
(3) The Interstate Commission, in the reasonable exercise of its discretion,shall enforce the provisions and rules of this compact using any or all meansset forth in Article XI of this compact.
ARTICLE VIIITHE STATE COUNCIL
(a) The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessmentfrom each compacting state to cover the cost of the internal operations andactivities of the Interstate Commission and its staff which must be in a totalamount sufficient to cover the Interstate Commission's annual budget asapproved each year. The aggregate annual assessment amount shall be allocatedbased upon a formula to be determined by the Interstate Commission, taking intoconsideration the population of each compacting state and the volume ofinterstate movement of juveniles in each compacting state and shall promulgatearule binding upon all compacting states which governs said assessment.
(c) The Interstate Commission shall not incur any obligations of any kindprior to securing the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsby-laws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensed publicaccountant and the report of the audit shall be included in and become part ofthe annual report of the Interstate Commission.
ARTICLE IXTHE STATE COUNCIL
Each member state shall create a State Council for Interstate JuvenileSupervision. While each state may determine the membership of its own statecouncil, its membership must include at least one representative from thelegislative, judicial, and executive branches of government, victims groups,and the compact administrator, deputy compact administrator or designee. Eachcompacting state retains the right to determine the qualifications of thecompact administrator or deputy compact administrator. Each state council willadvise and may exercise oversight and advocacy concerning that state'sparticipation in Interstate Commission activities and other duties as may bedetermined by that state, including but not limited to, development of policyconcerning operations and procedures of the compact within that state.
ARTICLE XCOMPACTING STATES, EFFECTIVEDATE AND AMENDMENT
(a) Any state, the District of Columbia (or its designee), the Commonwealthof Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the NorthernMarianas Islands as defined in Article II of this compact is eligible to becomea compacting state.
(b) The compact shall become effective and binding upon legislativeenactment of the compact into law by no less than 35 of the states. The initialeffective date shall be the later of July 1, 2004 or upon enactment into law bythe 35th jurisdiction. Thereafter it shall become effective and binding as toany other compacting state upon enactment of the compact into law by thatstate. The governors of non-member states or their designees shall be invitedto participate in the activities of the Interstate Commission on a non-votingbasis prior to adoption of the compact by all states and territories of theUnited States.
(c) The Interstate Commission may propose amendments to the compact forenactment by the compacting states. No amendments shall become effective andbinding upon the Interstate Commission and the compacting states unless anduntil it is enacted into law by unanimous consent of the compacting states.
(1) Once effective, the compact shall continue in force and remain bindingupon each and every compacting state; provided that a compacting state maywithdraw from the compact by specifically repealing the statute which enactedthe compact 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 in writing upon the introduction of legislation repealingthis compact in the withdrawing state. The Interstate Commission shall notifythe other compacting states of the withdrawing state's intent to withdrawwithin sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occurupon the withdrawing state reenacting the compact or upon such later date asdetermined by the Interstate Commission.
(1) If the Interstate Commission determines that any compacting state has atanytime defaulted in the performance of any of its obligations or responsibilitiesunder this compact, or the by-laws or duly promulgated rules, the InterstateCommission may impose any or all of the following penalties:
(A) Remedial training and technical assistance as directed by the InterstateCommission;
(B) Alternative Dispute Resolution;
(C) Fines, fees, and costs in such amounts as are deemed to be reasonable asfixed by the Interstate Commission; and
(D) Suspension or termination of membership in the compact, which shall beimposed only after all other reasonable means of securing compliance under theby-laws and rules have been exhausted and the Interstate Commission hastherefore determined that the offending state is in default. Immediate noticeof suspension shall be given by the Interstate Commission to the Governor, theChief Justice or the Chief Judicial Officer of the state, the majority andminority leaders of the defaulting state's legislature, and the state council.The grounds for default include, but are not limited to, failure of acompacting state to perform such obligations or responsibilities imposed uponitby this compact, the by-laws, or duly promulgated rules and any other groundsdesignated in commission by-laws and rules. The Interstate Commission shallimmediately notify the defaulting state in writing of the penalty imposed bythe Interstate Commission and of the default pending a cure of the default. Thecommission shall stipulate the conditions and the time period within which thedefaulting state must cure its default. If the defaulting state fails to curethe default within the time period specified by the commission, the defaultingstate shall be terminated from the compact upon an affirmative vote of amajority of the compacting states and all rights, privileges and benefitsconferred by this compact shall be terminated from the effective date oftermination.
(2) Within sixty days of the effective date of termination of a defaultingstate, the Commission shall notify the Governor, the Chief Justice or ChiefJudicial Officer, the Majority and Minority Leaders of the defaulting state'slegislature, and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations andliabilities incurred through the effective date of termination including anyobligations, the performance of which extends beyond the effective date oftermination.
(4) The Interstate Commission shall not bear any costs relating to thedefaulting state unless otherwise mutually agreed upon in writing between theInterstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires botha reenactment of the compact by the defaulting state and the approval of theInterstate Commission pursuant to the rules.
Section (c) Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legalaction in the United States District Court for the District of Columbia or, atthe discretion of the Interstate Commission, in the federal district where theInterstate Commission has its offices, to enforce compliance with theprovisions of the compact, its duly promulgated rules and by-laws, against anycompacting state in default. In the event judicial enforcement is necessary theprevailing party shall be awarded all costs of such litigation includingreasonable attorneys fees.
Section (d) Dissolution of Compact
(1) The compact dissolves effective upon the date of the withdrawal ordefault of the compacting state, which reduces membership in the compact to onecompacting state.
(2) Upon the dissolution of this compact, the compact becomes null and voidand shall be of no further force or effect, and the business and affairs of theInterstate Commission shall be concluded and any surplus funds shall bedistributed in accordance with the by-laws.
ARTICLE XIISEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any phrase,clause, sentence or provision is deemed unenforceable, the remainingprovisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally construed to effectuateits purposes.
ARTICLE XIIIBINDING EFFECT OF COMPACTAND OTHER LAWS
Section (a) Other Laws
(1) Nothing herein prevents the enforcement of any other law of a compactingstate that is not inconsistent with this compact.
(2) All compacting states' laws other than state Constitutions and otherinterstate compacts conflicting with this compact are superseded to the extentof the conflict.
Section (b) Binding Effect of the Compact
(1) All lawful actions of the Interstate Commission, including all rules andby-laws promulgated by the Interstate Commission, are binding upon thecompacting states.
(2) All agreements between the Interstate Commission and the compactingstates are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretationof Interstate Commission actions, and upon a majority vote of the compactingstates, the Interstate Commission may issue advisory opinions regarding suchmeaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any compacting state, the obligations,duties, powers or jurisdiction sought to be conferred by such provision uponthe Interstate Commission shall be ineffective and such obligations, duties,powers or jurisdiction shall remain in the compacting state and shall beexercised by the agency thereof to which such obligations, duties, powers orjurisdiction are delegated by law in effect at the time this compact becomeseffective.
