210.570. This interstate compact for juveniles is entered with alljurisdictions legally joining the compact in the form substantially asfollows:
THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that eachstate is responsible for the proper supervision or return of juveniles,delinquents and status offenders who are on probation or parole and whohave absconded, escaped or run away from supervision and control and in sodoing have endangered their own safety and the safety of others. Thecompacting states also recognize that each state is responsible for thesafe return of juveniles who have run away from home and in doing so haveleft their state of residence. The compacting states also recognize thatCongress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965),has authorized and encouraged compacts for cooperative efforts and mutualassistance in the prevention of crime.
It is the purpose of this compact, through means of joint andcooperative action among the compacting states to: (A) ensure that theadjudicated juveniles and status offenders subject to this compact areprovided adequate supervision and services in the receiving state asordered by the adjudicating judge or parole authority in the sending state;(B) ensure that the public safety interests of the citizens, including thevictims of juvenile offenders, in both the sending and receiving states areadequately protected; (C) return juveniles who have run away, absconded orescaped from supervision or control or have been accused of an offense tothe state requesting their return; (D) make contracts for the cooperativeinstitutionalization in public facilities in member states for delinquentyouth needing special services; (E) provide for the effective tracking andsupervision of juveniles; (F) equitably allocate the costs, benefits andobligations of the compacting states; (G) establish procedures to managethe movement between states of juvenile offenders released to the communityunder the jurisdiction of courts, juvenile departments, or any othercriminal or juvenile justice agency which has jurisdiction over juvenileoffenders; (H) insure immediate notice to jurisdictions where definedoffenders are authorized to travel or to relocate across state lines; (I)establish procedures to resolve pending charges (detainers) againstjuvenile offenders prior to transfer or release to the community under theterms of this compact; (J) establish a system of uniform data collection oninformation pertaining to juveniles subject to this compact that allowsaccess by authorized juvenile justice and criminal justice officials, andregular reporting of compact activities to heads of state executive,judicial, and legislative branches and juvenile and criminal justiceadministrators; (K) monitor compliance with rules governing interstatemovement of juveniles and initiate interventions to address and correctnoncompliance; (L) coordinate training and education regarding theregulation of interstate movement of juveniles for officials involved insuch activity; and (M) coordinate the implementation and operation of thecompact with the Interstate Compact for the Placement of Children, theInterstate Compact for Adult Offender Supervision and other compactsaffecting juveniles particularly in those cases where concurrent oroverlapping supervision issues arise. It is the policy of the compactingstates that the activities conducted by the Interstate Commission createdherein are the formation of public policies and therefore are publicbusiness. Furthermore, the compacting states shall cooperate and observetheir individual and collective duties and responsibilities for the promptreturn and acceptance of juveniles subject to the provisions of thiscompact. The provisions of this compact shall be reasonably and liberallyconstrued to accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires adifferent construction:
A. "Bylaws" means: those bylaws established by the InterstateCommission for its governance, or for directing or controlling its actionsor conduct.
B. "Compact Administrator" means: the individual in each compactingstate appointed 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 theenabling legislation for this compact.
D. "Commissioner" means: the voting representative of eachcompacting state appointed 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, ineach compacting state appointed to act on behalf of a Compact Administratorpursuant to the terms of this compact responsible for the administrationand management of the state's supervision and transfer of juveniles subjectto the terms of this compact, the rules adopted by the InterstateCommission and policies adopted by the State Council under this compact.
G. "Interstate Commission" means: the Interstate Commission forJuveniles created by Article III of this compact.
H. "Juvenile" means: any person defined as a juvenile in any memberstate or by the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, ifcommitted by an adult, would be a criminal offense;
(2) Adjudicated Delinquent - a person found to have committed anoffense that, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender - a person charged with an offense thatwould not be a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have committed anoffense that would not be a criminal offense if committed by an adult; and
(5) Non-offender - a person in need of supervision who has not beenaccused or 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 orconditional release of juveniles authorized under the laws of thecompacting 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 provisionof the compact, or an organizational, procedural, or practice requirementof the commission, and has the force and effect of statutory law in acompacting state, and includes the amendment, repeal, or suspension of anexisting rule.
L. "State" means: a state of the United States, the District ofColumbia (or its designee), the Commonwealth of Puerto Rico, the U.S.Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the "Interstate Commission forJuveniles." The commission shall be a body corporate and joint agency ofthe compacting states. The commission shall have all the responsibilities,powers and duties set forth herein, and such additional powers as may beconferred upon it by subsequent action of the respective legislatures ofthe compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointedby the appropriate appointing authority in each state pursuant to the rulesand requirements of each compacting state and in consultation with theState Council for Interstate Juvenile Supervision created hereunder. Thecommissioner shall be the compact administrator, deputy compactadministrator or designee from that state who shall serve on the InterstateCommission in such capacity under or pursuant to the applicable law of thecompacting state.
C. In addition to the commissioners who are the votingrepresentatives of each state, the Interstate Commission shall includeindividuals who are not commissioners, but who are members of interestedorganizations. Such noncommissioner members must include a member of thenational organizations of governors, legislators, state chief justices,attorneys general, Interstate Compact for Adult Offender Supervision,Interstate Compact for the Placement of Children, juvenile justice andjuvenile corrections officials, and crime victims. All noncommissionermembers of the Interstate Commission shall be ex-officio (nonvoting)members. The Interstate Commission may provide in its bylaws for suchadditional ex-officio (nonvoting) members, including members of othernational organizations, in such numbers as shall be determined by thecommission.
D. Each compacting state represented at any meeting of the commissionis entitled to one vote. A majority of the compacting states shallconstitute a quorum for the transaction of business, unless a larger quorumis required by the bylaws 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 thepublic.
F. The Interstate Commission shall establish an executive committee,which shall include commission officers, members, and others as determinedby the bylaws. The executive committee shall have the power to act onbehalf of the Interstate Commission during periods when the InterstateCommission is not in session, with the exception of rulemaking and/oramendment to the compact. The executive committee shall oversee theday-to-day activities of the administration of the compact managed by anexecutive director and Interstate Commission staff; administers enforcementand compliance with the provisions of the compact, its bylaws and rules,and performs such other duties as directed by the Interstate Commission orset forth in the bylaws.
G. Each member of the Interstate Commission shall have the right andpower to cast a vote to which that compacting state is entitled and toparticipate in the business and affairs of the Interstate Commission. Amember shall vote in person and shall not delegate a vote to anothercompacting state. However, a commissioner, in consultation with the statecouncil, shall appoint another authorized representative, in the absence ofthe commissioner from that state, to cast a vote on behalf of thecompacting state at a specified meeting. The bylaws may provide formembers' participation in meetings by telephone or other means oftelecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish conditions andprocedures under which the Interstate Commission shall make its informationand official records available to the public for inspection or copying.The Interstate Commission may exempt from disclosure any information orofficial records to the extent they would adversely affect personal privacyrights or proprietary interests.
I. Public notice shall be given of all meetings and all meetingsshall be open to the public, except as set forth in the rules or asotherwise provided in the compact. The Interstate Commission and any ofits committees may close a meeting to the public where it determines bytwo-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnelpractices and procedures;
2. Disclose matters specifically exempted from disclosure by statute;
3. Disclose trade secrets or commercial or financial informationwhich is privileged or confidential;
4. Involve accusing any person of a crime, or formally censuring anyperson;
5. Disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcementpurposes;
7. Disclose information contained in or related to examination,operating or condition reports prepared by, or on behalf of or for the useof, the Interstate Commission with respect to a regulated person or entityfor the purpose 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, theInterstate Commission's legal counsel shall publicly certify that, in thelegal counsel's opinion, the meeting may be closed to the public, and shallreference each relevant exemptive provision. The Interstate Commissionshall keep minutes which shall fully and clearly describe all mattersdiscussed in any meeting and shall provide a full and accurate summary ofany actions taken, and the reasons therefore, including a description ofeach of the views expressed on any item and the record of any roll callvote (reflected in the vote of each member on the question). All documentsconsidered in connection with any action shall be identified in suchminutes.
K. The Interstate Commission shall collect standardized dataconcerning the interstate movement of juveniles as directed through itsrules which shall specify the data to be collected, the means of collectionand data exchange and reporting requirements. Such methods of datacollection, exchange and reporting shall insofar as is reasonably possibleconform to up-to-date technology and coordinate its information functionswith the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE 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 asenumerated in this compact, which shall have the force and effect ofstatutory law and shall be binding in the compacting states to the extentand in the manner provided in this compact.
3. To oversee, supervise and coordinate the interstate movement ofjuveniles subject to the terms of this compact and any bylaws adopted andrules promulgated by the Interstate Commission.
4. To enforce compliance with the compact provisions, the rulespromulgated by the Interstate Commission, and the bylaws, using allnecessary and proper means, including but not limited to the use ofjudicial process.
5. To establish and maintain offices which shall be located withinone or more 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 limitedto, an executive committee as required by Article III which shall have thepower to act on behalf of the Interstate Commission in carrying out itspowers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents,or consultants, and to fix their compensation, define their duties anddetermine their qualifications; and to establish the InterstateCommission's personnel policies and programs relating to, inter alia,conflicts of interest, rates of compensation, and qualifications ofpersonnel.
10. To accept any and all donations and grants of money, equipment,supplies, materials, and services, and to receive, utilize, and dispose ofit.
11. To lease, purchase, accept contributions or donations of, orotherwise to own, hold, improve or use any property, real, personal, ormixed.
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 asprovided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operationof the Interstate Commission.
16. To perform such functions as may be necessary or appropriate toachieve the purposes of this compact.
17. To report annually to the legislatures, governors, judiciary, andstate councils of the compacting states concerning the activities of theInterstate Commission during the preceding year. Such reports shall alsoinclude any recommendations that may have been adopted by the InterstateCommission.
18. To coordinate education, training and public awareness regardingthe interstate movement of juveniles for officials involved in suchactivity.
19. To establish uniform standards of the reporting, collecting andexchanging of data.
20. The Interstate Commission shall maintain its corporate books andrecords in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
1. The Interstate Commission shall, by a majority of the memberspresent and voting, within twelve months after the first InterstateCommission meeting, adopt bylaws to govern its conduct as may be necessaryor appropriate to carry out the purposes of the compact, including, but notlimited to:
a. Establishing the fiscal year of the Interstate Commission;
b. Establishing an executive committee and such other committees asmay be necessary;
c. Provide for the establishment of committees governing any generalor specific delegation of any authority or function of the InterstateCommission;
d. Providing reasonable procedures for calling and conductingmeetings of the Interstate Commission, and ensuring reasonable notice ofeach such meeting;
e. Establishing the titles and responsibilities of the officers ofthe Interstate Commission;
f. Providing a mechanism for concluding the operations of theInterstate Commission and the return of any surplus funds that may existupon the termination of the compact after the payment and/or reserving ofall of its debts and obligations;
g. Providing start-up rules for initial administration of thecompact; 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,elect annually from among its members a chairperson and a vice chairperson,each of whom shall have such authority and duties as may be specified inthe bylaws. The chairperson or, in the chairperson's absence ordisability, the vice chairperson shall preside at all meetings of theInterstate Commission. The officers so elected shall serve withoutcompensation or remuneration from the Interstate Commission; provided that,subject to the availability of budgeted funds, the officers shall bereimbursed for any ordinary and necessary costs and expenses incurred bythem in the performance of their duties and responsibilities as officers ofthe Interstate Commission.
2. The Interstate Commission shall, through its executive committee,appoint or retain an executive director for such period, upon such termsand conditions and for such compensation as the Interstate Commission maydeem appropriate. The executive director shall serve as secretary to theInterstate Commission, but shall not be a member and shall hire andsupervise such other staff as may be authorized by the InterstateCommission.
Section C. Qualified Immunity, Defense and Indemnification
1. The commission's executive director and employees shall be immunefrom suit and liability, either personally or in their official capacity,for any claim for damage to or loss of property or personal injury or othercivil liability caused or arising out of or relating to any actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred within the scope of commissionemployment, duties, or responsibilities; provided, that any such personshall not be protected from suit or liability for any damage, loss, injury,or liability caused by the intentional or willful and wanton misconduct ofany 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 orliability for any damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of any such person.
3. The Interstate Commission shall defend the executive director orthe employees or representatives of the Interstate Commission and, subjectto the approval of the attorney general of the state represented by anycommissioner of a compacting state, shall defend such commissioner or thecommissioner's representatives or employees in any civil action seeking toimpose liability arising out of any actual or alleged act, error oromission that occurred within the scope of Interstate Commissionemployment, duties or responsibilities, or that the defendant had areasonable basis for believing occurred within the scope of InterstateCommission employment, duties, or responsibilities, provided that theactual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold thecommissioner of a compacting state, or the commissioner's representativesor employees, or the Interstate Commission's representatives or employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising out of any actual or alleged act, error, or omission thatoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, or that such persons had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, oromission did not result from intentional or willful and wanton misconducton the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish rules inorder to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in thisarticle and the bylaws and rules adopted pursuant thereto. Such rulemakingshall substantially conform to the principles of the "Model StateAdministrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15,p.1 (2000), or such other administrative procedures act, as the InterstateCommission deems appropriate consistent with due process requirements underthe U.S. Constitution as now or hereafter interpreted by the U.S. SupremeCourt. All rules and amendments shall become binding as of the datespecified, as published with the final version of the rule as approved bythe commission.
C. When promulgating a rule, the Interstate Commission shall, at aminimum:
1. publish the proposed rule's entire text stating the reason(s) forthat proposed rule;
2. allow and invite any and all persons to submit written data,facts, opinions and arguments, which information shall be added to therecord, and be made publicly available;
3. provide an opportunity for an informal hearing if petitioned byten (10) or more persons; and
4. promulgate a final rule and its effective date, if appropriate,based on input 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 Courtfor the District of Columbia or in the Federal District Court where theInterstate Commission's principal office is located for judicial review ofsuch rule. If the court finds that the Interstate Commission's action isnot supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of thissubsection, evidence is substantial if it would be considered substantialevidence under the Model State Administrative Procedures Act.
E. If a majority of the legislatures of the compacting states rejectsa rule, those states may, by enactment of a statute or resolution in thesame manner used to adopt the compact, cause that such rule shall have nofurther force and effect in any compacting state.
F. The existing rules governing the operation of the InterstateCompact on Juveniles superseded by this act shall be null and void twelve(12) months after the first meeting of the Interstate Commission createdhereunder.
G. Upon determination by the Interstate Commission that astate-of-emergency exists, it may promulgate an emergency rule which shallbecome effective immediately upon adoption, provided that the usualrulemaking procedures provided hereunder shall be retroactively applied tosaid rule as soon as reasonably possible, but no later than ninety (90)days after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Section A. Oversight
1. The Interstate Commission shall oversee the administration andoperations of the interstate movement of juveniles subject to this compactin the compacting states and shall monitor such activities beingadministered in noncompacting states which may significantly affectcompacting states.
2. The courts and executive agencies in each compacting state shallenforce this compact and shall take all actions necessary and appropriateto effectuate the compact's purposes and intent. The provisions of thiscompact and the rules promulgated hereunder shall be received by all thejudges, public officers, commissions, and departments of the stategovernment as evidence of the authorized statute and administrative rules.All courts shall take judicial notice of the compact and the rules. In anyjudicial or administrative proceeding in a compacting state pertaining tothe subject matter of this compact which may affect the powers,responsibilities or actions of the Interstate Commission, it shall beentitled to receive all service of process in any such proceeding, andshall have standing to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
1. The compacting states shall report to the Interstate Commission onall issues and activities necessary for the administration of the compactas well as issues and activities pertaining to compliance with theprovisions of the compact and its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of acompacting state, to resolve any disputes or other issues which are subjectto the compact and which may arise among compacting states and betweencompacting and noncompacting states. The commission shall promulgate arule providing for both mediation and binding dispute resolution fordisputes among the compacting states.
3. The Interstate Commission, in the reasonable exercise of itsdiscretion, shall enforce the provisions and rules of this compact usingany or all means set forth in Article XI of this compact.
ARTICLE VIII
FINANCE
A. The Interstate Commission shall pay or provide for the payment ofthe reasonable expenses of its establishment, organization and ongoingactivities.
B. The Interstate Commission shall levy on and collect an annualassessment from each compacting state to cover the cost of the internaloperations and activities of the Interstate Commission and its staff whichmust be in a total amount sufficient to cover the Interstate Commission'sannual budget as approved each year. The aggregate annual assessmentamount shall be allocated based upon a formula to be determined by theInterstate Commission, taking into consideration the population of eachcompacting state and the volume of interstate movement of juveniles in eachcompacting state and shall promulgate a rule binding upon all compactingstates which governs said assessment.
C. The Interstate Commission shall not incur any obligations of anykind prior to securing the funds adequate to meet the same; nor shall theInterstate Commission pledge the credit of any of the compacting states,except by and with the authority of the compacting state.
D. The Interstate Commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of theInterstate Commission shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the Interstate Commission shall beaudited yearly by a certified or licensed public accountant and the reportof the audit shall be included in and become part of the annual report ofthe Interstate Commission.
ARTICLE IX
THE STATE COUNCIL
Each member state shall create a State Council for Interstate JuvenileSupervision. While each state may determine the membership of its ownstate council, its membership must include at least one representative fromthe legislative, judicial, and executive branches of government, victimsgroups, and the compact administrator, deputy compact administrator ordesignee. Each compacting state retains the right to determine thequalifications of the compact administrator or deputy compactadministrator. Each state council will advise and may exercise oversightand advocacy concerning that state's participation in Interstate Commissionactivities and other duties as may be determined by that state, includingbut not limited to, development of policy concerning operations andprocedures of the compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state, the District of Columbia (or its designee), theCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Marianas Islands as defined in Article II of this compactis eligible to become a 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. Theinitial effective date shall be the later of July 1, 2004, or uponenactment into law by the 35th jurisdiction. Thereafter, it shall becomeeffective and binding as to any other compacting state upon enactment ofthe compact into law by that state. The governors of nonmember states ortheir designees shall be invited to participate in the activities of theInterstate Commission on a nonvoting basis prior to adoption of the compactby all states and territories of the United States.
C. The Interstate Commission may propose amendments to the compactfor enactment by the compacting states. No amendment shall becomeeffective and binding upon the Interstate Commission and the compactingstates unless and until it is enacted into law by unanimous consent of thecompacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
1. Once effective, the compact shall continue in force and remainbinding upon each and every compacting state; provided that a compactingstate may withdraw from the compact by specifically repealing the statutewhich enacted the compact into law.
2. The effective date of withdrawal is the effective date of therepeal.
3. The withdrawing state shall immediately notify the chairperson ofthe Interstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall notify the other compacting states of the withdrawing state's intentto withdraw within sixty days of its receipt thereof.
4. The withdrawing state is responsible for all assessments,obligations and liabilities incurred through the effective date ofwithdrawal, including any obligations, the performance of which extendbeyond the effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state shalloccur upon the withdrawing state reenacting the compact or upon such laterdate as determined by the Interstate Commission.
Section B. Technical Assistance, Fines, Suspension, Termination andDefault
1. If the Interstate Commission determines that any compacting statehas at any time defaulted in the performance of any of its obligations orresponsibilities under this compact, or the bylaws or duly promulgatedrules, the Interstate Commission may impose any or all of the followingpenalties:
a. Remedial training and technical assistance as directed by theInterstate Commission;
b. Alternative Dispute Resolution;
c. Fines, fees, and costs in such amounts as are deemed to bereasonable as fixed by the Interstate Commission; and
d. Suspension or termination of membership in the compact, whichshall be imposed only after all other reasonable means of securingcompliance under the bylaws and rules have been exhausted and theInterstate Commission has therefore determined that the offending state isin default. Immediate notice of suspension shall be given by theInterstate Commission to the Governor, the Chief Justice or the chiefjudicial officer of the state, the majority and minority leaders of thedefaulting state's legislature, and the state council. The grounds fordefault include, but are not limited to, failure of a compacting state toperform such obligations or responsibilities imposed upon it by thiscompact, the bylaws, or duly promulgated rules and any other groundsdesignated in commission bylaws and rules. The Interstate Commission shallimmediately notify the defaulting state in writing of the penalty imposedby the Interstate Commission and of the default pending a cure of thedefault. The commission shall stipulate the conditions and the time periodwithin which the defaulting state must cure its default. If the defaultingstate fails to cure the default within the time period specified by thecommission, the defaulting state shall be terminated from the compact uponan affirmative vote of a majority of the compacting states and all rights,privileges and benefits conferred by this compact shall be terminated fromthe effective date of termination.
2. Within sixty days of the effective date of termination of adefaulting state, the commission shall notify the Governor, the ChiefJustice or chief judicial officer, the majority and minority leaders of thedefaulting state's legislature, and the state council of such termination.
3. The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date oftermination including any obligations, the performance of which extendsbeyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating to thedefaulting state unless otherwise mutually agreed upon in writing betweenthe Interstate Commission and the defaulting state.
5. Reinstatement following termination of any compacting staterequires both a reenactment of the compact by the defaulting state and theapproval of the Interstate Commission pursuant to the rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members,initiate legal action in the United States District Court for the Districtof Columbia or, at the discretion of the Interstate Commission, in thefederal district where the Interstate Commission has its offices, toenforce compliance with the provisions of the compact, its duly promulgatedrules and bylaws, against any compacting state in default. In the eventjudicial enforcement is necessary the prevailing party shall be awarded allcosts of such litigation including reasonable 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 toone compacting state.
2. Upon the dissolution of this compact, the compact becomes null andvoid and shall be of no further force or effect, and the business andaffairs of the Interstate Commission shall be concluded and any surplusfunds shall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if anyphrase, clause, sentence or provision is deemed unenforceable, theremaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed toeffectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
1. Nothing herein prevents the enforcement of any other law of acompacting state that is not inconsistent with this compact.
2. All compacting states' laws other than state constitutions andother interstate compacts conflicting with this compact are superseded tothe extent of the conflict.
Section B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including allrules and bylaws promulgated by the Interstate Commission, are binding uponthe compacting states.
2. All agreements between the Interstate Commission and thecompacting states are binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning orinterpretation of Interstate Commission actions, and upon a majority voteof the compacting states, the Interstate Commission may issue advisoryopinions regarding such meaning or interpretation.
4. In the event any provision of this compact exceeds theconstitutional limits imposed on the legislature of any compacting state,the obligations, duties, powers or jurisdiction sought to be conferred bysuch provision upon the Interstate Commission shall be ineffective and suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall be exercised by the agency thereof to which suchobligations, duties, powers or jurisdiction are delegated by law in effectat the time this compact becomes effective.
210.570. This interstate compact for juveniles is entered with alljurisdictions legally joining the compact in the form substantially asfollows:
THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that eachstate is responsible for the proper supervision or return of juveniles,delinquents and status offenders who are on probation or parole and whohave absconded, escaped or run away from supervision and control and in sodoing have endangered their own safety and the safety of others. Thecompacting states also recognize that each state is responsible for thesafe return of juveniles who have run away from home and in doing so haveleft their state of residence. The compacting states also recognize thatCongress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965),has authorized and encouraged compacts for cooperative efforts and mutualassistance in the prevention of crime.
It is the purpose of this compact, through means of joint andcooperative action among the compacting states to: (A) ensure that theadjudicated juveniles and status offenders subject to this compact areprovided adequate supervision and services in the receiving state asordered by the adjudicating judge or parole authority in the sending state;(B) ensure that the public safety interests of the citizens, including thevictims of juvenile offenders, in both the sending and receiving states areadequately protected; (C) return juveniles who have run away, absconded orescaped from supervision or control or have been accused of an offense tothe state requesting their return; (D) make contracts for the cooperativeinstitutionalization in public facilities in member states for delinquentyouth needing special services; (E) provide for the effective tracking andsupervision of juveniles; (F) equitably allocate the costs, benefits andobligations of the compacting states; (G) establish procedures to managethe movement between states of juvenile offenders released to the communityunder the jurisdiction of courts, juvenile departments, or any othercriminal or juvenile justice agency which has jurisdiction over juvenileoffenders; (H) insure immediate notice to jurisdictions where definedoffenders are authorized to travel or to relocate across state lines; (I)establish procedures to resolve pending charges (detainers) againstjuvenile offenders prior to transfer or release to the community under theterms of this compact; (J) establish a system of uniform data collection oninformation pertaining to juveniles subject to this compact that allowsaccess by authorized juvenile justice and criminal justice officials, andregular reporting of compact activities to heads of state executive,judicial, and legislative branches and juvenile and criminal justiceadministrators; (K) monitor compliance with rules governing interstatemovement of juveniles and initiate interventions to address and correctnoncompliance; (L) coordinate training and education regarding theregulation of interstate movement of juveniles for officials involved insuch activity; and (M) coordinate the implementation and operation of thecompact with the Interstate Compact for the Placement of Children, theInterstate Compact for Adult Offender Supervision and other compactsaffecting juveniles particularly in those cases where concurrent oroverlapping supervision issues arise. It is the policy of the compactingstates that the activities conducted by the Interstate Commission createdherein are the formation of public policies and therefore are publicbusiness. Furthermore, the compacting states shall cooperate and observetheir individual and collective duties and responsibilities for the promptreturn and acceptance of juveniles subject to the provisions of thiscompact. The provisions of this compact shall be reasonably and liberallyconstrued to accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires adifferent construction:
A. "Bylaws" means: those bylaws established by the InterstateCommission for its governance, or for directing or controlling its actionsor conduct.
B. "Compact Administrator" means: the individual in each compactingstate appointed 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 theenabling legislation for this compact.
D. "Commissioner" means: the voting representative of eachcompacting state appointed 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, ineach compacting state appointed to act on behalf of a Compact Administratorpursuant to the terms of this compact responsible for the administrationand management of the state's supervision and transfer of juveniles subjectto the terms of this compact, the rules adopted by the InterstateCommission and policies adopted by the State Council under this compact.
G. "Interstate Commission" means: the Interstate Commission forJuveniles created by Article III of this compact.
H. "Juvenile" means: any person defined as a juvenile in any memberstate or by the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, ifcommitted by an adult, would be a criminal offense;
(2) Adjudicated Delinquent - a person found to have committed anoffense that, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender - a person charged with an offense thatwould not be a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have committed anoffense that would not be a criminal offense if committed by an adult; and
(5) Non-offender - a person in need of supervision who has not beenaccused or 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 orconditional release of juveniles authorized under the laws of thecompacting 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 provisionof the compact, or an organizational, procedural, or practice requirementof the commission, and has the force and effect of statutory law in acompacting state, and includes the amendment, repeal, or suspension of anexisting rule.
L. "State" means: a state of the United States, the District ofColumbia (or its designee), the Commonwealth of Puerto Rico, the U.S.Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the "Interstate Commission forJuveniles." The commission shall be a body corporate and joint agency ofthe compacting states. The commission shall have all the responsibilities,powers and duties set forth herein, and such additional powers as may beconferred upon it by subsequent action of the respective legislatures ofthe compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointedby the appropriate appointing authority in each state pursuant to the rulesand requirements of each compacting state and in consultation with theState Council for Interstate Juvenile Supervision created hereunder. Thecommissioner shall be the compact administrator, deputy compactadministrator or designee from that state who shall serve on the InterstateCommission in such capacity under or pursuant to the applicable law of thecompacting state.
C. In addition to the commissioners who are the votingrepresentatives of each state, the Interstate Commission shall includeindividuals who are not commissioners, but who are members of interestedorganizations. Such noncommissioner members must include a member of thenational organizations of governors, legislators, state chief justices,attorneys general, Interstate Compact for Adult Offender Supervision,Interstate Compact for the Placement of Children, juvenile justice andjuvenile corrections officials, and crime victims. All noncommissionermembers of the Interstate Commission shall be ex-officio (nonvoting)members. The Interstate Commission may provide in its bylaws for suchadditional ex-officio (nonvoting) members, including members of othernational organizations, in such numbers as shall be determined by thecommission.
D. Each compacting state represented at any meeting of the commissionis entitled to one vote. A majority of the compacting states shallconstitute a quorum for the transaction of business, unless a larger quorumis required by the bylaws 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 thepublic.
F. The Interstate Commission shall establish an executive committee,which shall include commission officers, members, and others as determinedby the bylaws. The executive committee shall have the power to act onbehalf of the Interstate Commission during periods when the InterstateCommission is not in session, with the exception of rulemaking and/oramendment to the compact. The executive committee shall oversee theday-to-day activities of the administration of the compact managed by anexecutive director and Interstate Commission staff; administers enforcementand compliance with the provisions of the compact, its bylaws and rules,and performs such other duties as directed by the Interstate Commission orset forth in the bylaws.
G. Each member of the Interstate Commission shall have the right andpower to cast a vote to which that compacting state is entitled and toparticipate in the business and affairs of the Interstate Commission. Amember shall vote in person and shall not delegate a vote to anothercompacting state. However, a commissioner, in consultation with the statecouncil, shall appoint another authorized representative, in the absence ofthe commissioner from that state, to cast a vote on behalf of thecompacting state at a specified meeting. The bylaws may provide formembers' participation in meetings by telephone or other means oftelecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish conditions andprocedures under which the Interstate Commission shall make its informationand official records available to the public for inspection or copying.The Interstate Commission may exempt from disclosure any information orofficial records to the extent they would adversely affect personal privacyrights or proprietary interests.
I. Public notice shall be given of all meetings and all meetingsshall be open to the public, except as set forth in the rules or asotherwise provided in the compact. The Interstate Commission and any ofits committees may close a meeting to the public where it determines bytwo-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnelpractices and procedures;
2. Disclose matters specifically exempted from disclosure by statute;
3. Disclose trade secrets or commercial or financial informationwhich is privileged or confidential;
4. Involve accusing any person of a crime, or formally censuring anyperson;
5. Disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcementpurposes;
7. Disclose information contained in or related to examination,operating or condition reports prepared by, or on behalf of or for the useof, the Interstate Commission with respect to a regulated person or entityfor the purpose 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, theInterstate Commission's legal counsel shall publicly certify that, in thelegal counsel's opinion, the meeting may be closed to the public, and shallreference each relevant exemptive provision. The Interstate Commissionshall keep minutes which shall fully and clearly describe all mattersdiscussed in any meeting and shall provide a full and accurate summary ofany actions taken, and the reasons therefore, including a description ofeach of the views expressed on any item and the record of any roll callvote (reflected in the vote of each member on the question). All documentsconsidered in connection with any action shall be identified in suchminutes.
K. The Interstate Commission shall collect standardized dataconcerning the interstate movement of juveniles as directed through itsrules which shall specify the data to be collected, the means of collectionand data exchange and reporting requirements. Such methods of datacollection, exchange and reporting shall insofar as is reasonably possibleconform to up-to-date technology and coordinate its information functionswith the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE 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 asenumerated in this compact, which shall have the force and effect ofstatutory law and shall be binding in the compacting states to the extentand in the manner provided in this compact.
3. To oversee, supervise and coordinate the interstate movement ofjuveniles subject to the terms of this compact and any bylaws adopted andrules promulgated by the Interstate Commission.
4. To enforce compliance with the compact provisions, the rulespromulgated by the Interstate Commission, and the bylaws, using allnecessary and proper means, including but not limited to the use ofjudicial process.
5. To establish and maintain offices which shall be located withinone or more 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 limitedto, an executive committee as required by Article III which shall have thepower to act on behalf of the Interstate Commission in carrying out itspowers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents,or consultants, and to fix their compensation, define their duties anddetermine their qualifications; and to establish the InterstateCommission's personnel policies and programs relating to, inter alia,conflicts of interest, rates of compensation, and qualifications ofpersonnel.
10. To accept any and all donations and grants of money, equipment,supplies, materials, and services, and to receive, utilize, and dispose ofit.
11. To lease, purchase, accept contributions or donations of, orotherwise to own, hold, improve or use any property, real, personal, ormixed.
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 asprovided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operationof the Interstate Commission.
16. To perform such functions as may be necessary or appropriate toachieve the purposes of this compact.
17. To report annually to the legislatures, governors, judiciary, andstate councils of the compacting states concerning the activities of theInterstate Commission during the preceding year. Such reports shall alsoinclude any recommendations that may have been adopted by the InterstateCommission.
18. To coordinate education, training and public awareness regardingthe interstate movement of juveniles for officials involved in suchactivity.
19. To establish uniform standards of the reporting, collecting andexchanging of data.
20. The Interstate Commission shall maintain its corporate books andrecords in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
1. The Interstate Commission shall, by a majority of the memberspresent and voting, within twelve months after the first InterstateCommission meeting, adopt bylaws to govern its conduct as may be necessaryor appropriate to carry out the purposes of the compact, including, but notlimited to:
a. Establishing the fiscal year of the Interstate Commission;
b. Establishing an executive committee and such other committees asmay be necessary;
c. Provide for the establishment of committees governing any generalor specific delegation of any authority or function of the InterstateCommission;
d. Providing reasonable procedures for calling and conductingmeetings of the Interstate Commission, and ensuring reasonable notice ofeach such meeting;
e. Establishing the titles and responsibilities of the officers ofthe Interstate Commission;
f. Providing a mechanism for concluding the operations of theInterstate Commission and the return of any surplus funds that may existupon the termination of the compact after the payment and/or reserving ofall of its debts and obligations;
g. Providing start-up rules for initial administration of thecompact; 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,elect annually from among its members a chairperson and a vice chairperson,each of whom shall have such authority and duties as may be specified inthe bylaws. The chairperson or, in the chairperson's absence ordisability, the vice chairperson shall preside at all meetings of theInterstate Commission. The officers so elected shall serve withoutcompensation or remuneration from the Interstate Commission; provided that,subject to the availability of budgeted funds, the officers shall bereimbursed for any ordinary and necessary costs and expenses incurred bythem in the performance of their duties and responsibilities as officers ofthe Interstate Commission.
2. The Interstate Commission shall, through its executive committee,appoint or retain an executive director for such period, upon such termsand conditions and for such compensation as the Interstate Commission maydeem appropriate. The executive director shall serve as secretary to theInterstate Commission, but shall not be a member and shall hire andsupervise such other staff as may be authorized by the InterstateCommission.
Section C. Qualified Immunity, Defense and Indemnification
1. The commission's executive director and employees shall be immunefrom suit and liability, either personally or in their official capacity,for any claim for damage to or loss of property or personal injury or othercivil liability caused or arising out of or relating to any actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred within the scope of commissionemployment, duties, or responsibilities; provided, that any such personshall not be protected from suit or liability for any damage, loss, injury,or liability caused by the intentional or willful and wanton misconduct ofany 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 orliability for any damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of any such person.
3. The Interstate Commission shall defend the executive director orthe employees or representatives of the Interstate Commission and, subjectto the approval of the attorney general of the state represented by anycommissioner of a compacting state, shall defend such commissioner or thecommissioner's representatives or employees in any civil action seeking toimpose liability arising out of any actual or alleged act, error oromission that occurred within the scope of Interstate Commissionemployment, duties or responsibilities, or that the defendant had areasonable basis for believing occurred within the scope of InterstateCommission employment, duties, or responsibilities, provided that theactual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold thecommissioner of a compacting state, or the commissioner's representativesor employees, or the Interstate Commission's representatives or employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising out of any actual or alleged act, error, or omission thatoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, or that such persons had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, oromission did not result from intentional or willful and wanton misconducton the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish rules inorder to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in thisarticle and the bylaws and rules adopted pursuant thereto. Such rulemakingshall substantially conform to the principles of the "Model StateAdministrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15,p.1 (2000), or such other administrative procedures act, as the InterstateCommission deems appropriate consistent with due process requirements underthe U.S. Constitution as now or hereafter interpreted by the U.S. SupremeCourt. All rules and amendments shall become binding as of the datespecified, as published with the final version of the rule as approved bythe commission.
C. When promulgating a rule, the Interstate Commission shall, at aminimum:
1. publish the proposed rule's entire text stating the reason(s) forthat proposed rule;
2. allow and invite any and all persons to submit written data,facts, opinions and arguments, which information shall be added to therecord, and be made publicly available;
3. provide an opportunity for an informal hearing if petitioned byten (10) or more persons; and
4. promulgate a final rule and its effective date, if appropriate,based on input 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 Courtfor the District of Columbia or in the Federal District Court where theInterstate Commission's principal office is located for judicial review ofsuch rule. If the court finds that the Interstate Commission's action isnot supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of thissubsection, evidence is substantial if it would be considered substantialevidence under the Model State Administrative Procedures Act.
E. If a majority of the legislatures of the compacting states rejectsa rule, those states may, by enactment of a statute or resolution in thesame manner used to adopt the compact, cause that such rule shall have nofurther force and effect in any compacting state.
F. The existing rules governing the operation of the InterstateCompact on Juveniles superseded by this act shall be null and void twelve(12) months after the first meeting of the Interstate Commission createdhereunder.
G. Upon determination by the Interstate Commission that astate-of-emergency exists, it may promulgate an emergency rule which shallbecome effective immediately upon adoption, provided that the usualrulemaking procedures provided hereunder shall be retroactively applied tosaid rule as soon as reasonably possible, but no later than ninety (90)days after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Section A. Oversight
1. The Interstate Commission shall oversee the administration andoperations of the interstate movement of juveniles subject to this compactin the compacting states and shall monitor such activities beingadministered in noncompacting states which may significantly affectcompacting states.
2. The courts and executive agencies in each compacting state shallenforce this compact and shall take all actions necessary and appropriateto effectuate the compact's purposes and intent. The provisions of thiscompact and the rules promulgated hereunder shall be received by all thejudges, public officers, commissions, and departments of the stategovernment as evidence of the authorized statute and administrative rules.All courts shall take judicial notice of the compact and the rules. In anyjudicial or administrative proceeding in a compacting state pertaining tothe subject matter of this compact which may affect the powers,responsibilities or actions of the Interstate Commission, it shall beentitled to receive all service of process in any such proceeding, andshall have standing to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
1. The compacting states shall report to the Interstate Commission onall issues and activities necessary for the administration of the compactas well as issues and activities pertaining to compliance with theprovisions of the compact and its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of acompacting state, to resolve any disputes or other issues which are subjectto the compact and which may arise among compacting states and betweencompacting and noncompacting states. The commission shall promulgate arule providing for both mediation and binding dispute resolution fordisputes among the compacting states.
3. The Interstate Commission, in the reasonable exercise of itsdiscretion, shall enforce the provisions and rules of this compact usingany or all means set forth in Article XI of this compact.
ARTICLE VIII
FINANCE
A. The Interstate Commission shall pay or provide for the payment ofthe reasonable expenses of its establishment, organization and ongoingactivities.
B. The Interstate Commission shall levy on and collect an annualassessment from each compacting state to cover the cost of the internaloperations and activities of the Interstate Commission and its staff whichmust be in a total amount sufficient to cover the Interstate Commission'sannual budget as approved each year. The aggregate annual assessmentamount shall be allocated based upon a formula to be determined by theInterstate Commission, taking into consideration the population of eachcompacting state and the volume of interstate movement of juveniles in eachcompacting state and shall promulgate a rule binding upon all compactingstates which governs said assessment.
C. The Interstate Commission shall not incur any obligations of anykind prior to securing the funds adequate to meet the same; nor shall theInterstate Commission pledge the credit of any of the compacting states,except by and with the authority of the compacting state.
D. The Interstate Commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of theInterstate Commission shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the Interstate Commission shall beaudited yearly by a certified or licensed public accountant and the reportof the audit shall be included in and become part of the annual report ofthe Interstate Commission.
ARTICLE IX
THE STATE COUNCIL
Each member state shall create a State Council for Interstate JuvenileSupervision. While each state may determine the membership of its ownstate council, its membership must include at least one representative fromthe legislative, judicial, and executive branches of government, victimsgroups, and the compact administrator, deputy compact administrator ordesignee. Each compacting state retains the right to determine thequalifications of the compact administrator or deputy compactadministrator. Each state council will advise and may exercise oversightand advocacy concerning that state's participation in Interstate Commissionactivities and other duties as may be determined by that state, includingbut not limited to, development of policy concerning operations andprocedures of the compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state, the District of Columbia (or its designee), theCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Marianas Islands as defined in Article II of this compactis eligible to become a 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. Theinitial effective date shall be the later of July 1, 2004, or uponenactment into law by the 35th jurisdiction. Thereafter, it shall becomeeffective and binding as to any other compacting state upon enactment ofthe compact into law by that state. The governors of nonmember states ortheir designees shall be invited to participate in the activities of theInterstate Commission on a nonvoting basis prior to adoption of the compactby all states and territories of the United States.
C. The Interstate Commission may propose amendments to the compactfor enactment by the compacting states. No amendment shall becomeeffective and binding upon the Interstate Commission and the compactingstates unless and until it is enacted into law by unanimous consent of thecompacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
1. Once effective, the compact shall continue in force and remainbinding upon each and every compacting state; provided that a compactingstate may withdraw from the compact by specifically repealing the statutewhich enacted the compact into law.
2. The effective date of withdrawal is the effective date of therepeal.
3. The withdrawing state shall immediately notify the chairperson ofthe Interstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall notify the other compacting states of the withdrawing state's intentto withdraw within sixty days of its receipt thereof.
4. The withdrawing state is responsible for all assessments,obligations and liabilities incurred through the effective date ofwithdrawal, including any obligations, the performance of which extendbeyond the effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state shalloccur upon the withdrawing state reenacting the compact or upon such laterdate as determined by the Interstate Commission.
Section B. Technical Assistance, Fines, Suspension, Termination andDefault
1. If the Interstate Commission determines that any compacting statehas at any time defaulted in the performance of any of its obligations orresponsibilities under this compact, or the bylaws or duly promulgatedrules, the Interstate Commission may impose any or all of the followingpenalties:
a. Remedial training and technical assistance as directed by theInterstate Commission;
b. Alternative Dispute Resolution;
c. Fines, fees, and costs in such amounts as are deemed to bereasonable as fixed by the Interstate Commission; and
d. Suspension or termination of membership in the compact, whichshall be imposed only after all other reasonable means of securingcompliance under the bylaws and rules have been exhausted and theInterstate Commission has therefore determined that the offending state isin default. Immediate notice of suspension shall be given by theInterstate Commission to the Governor, the Chief Justice or the chiefjudicial officer of the state, the majority and minority leaders of thedefaulting state's legislature, and the state council. The grounds fordefault include, but are not limited to, failure of a compacting state toperform such obligations or responsibilities imposed upon it by thiscompact, the bylaws, or duly promulgated rules and any other groundsdesignated in commission bylaws and rules. The Interstate Commission shallimmediately notify the defaulting state in writing of the penalty imposedby the Interstate Commission and of the default pending a cure of thedefault. The commission shall stipulate the conditions and the time periodwithin which the defaulting state must cure its default. If the defaultingstate fails to cure the default within the time period specified by thecommission, the defaulting state shall be terminated from the compact uponan affirmative vote of a majority of the compacting states and all rights,privileges and benefits conferred by this compact shall be terminated fromthe effective date of termination.
2. Within sixty days of the effective date of termination of adefaulting state, the commission shall notify the Governor, the ChiefJustice or chief judicial officer, the majority and minority leaders of thedefaulting state's legislature, and the state council of such termination.
3. The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date oftermination including any obligations, the performance of which extendsbeyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating to thedefaulting state unless otherwise mutually agreed upon in writing betweenthe Interstate Commission and the defaulting state.
5. Reinstatement following termination of any compacting staterequires both a reenactment of the compact by the defaulting state and theapproval of the Interstate Commission pursuant to the rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members,initiate legal action in the United States District Court for the Districtof Columbia or, at the discretion of the Interstate Commission, in thefederal district where the Interstate Commission has its offices, toenforce compliance with the provisions of the compact, its duly promulgatedrules and bylaws, against any compacting state in default. In the eventjudicial enforcement is necessary the prevailing party shall be awarded allcosts of such litigation including reasonable 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 toone compacting state.
2. Upon the dissolution of this compact, the compact becomes null andvoid and shall be of no further force or effect, and the business andaffairs of the Interstate Commission shall be concluded and any surplusfunds shall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if anyphrase, clause, sentence or provision is deemed unenforceable, theremaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed toeffectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
1. Nothing herein prevents the enforcement of any other law of acompacting state that is not inconsistent with this compact.
2. All compacting states' laws other than state constitutions andother interstate compacts conflicting with this compact are superseded tothe extent of the conflict.
Section B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including allrules and bylaws promulgated by the Interstate Commission, are binding uponthe compacting states.
2. All agreements between the Interstate Commission and thecompacting states are binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning orinterpretation of Interstate Commission actions, and upon a majority voteof the compacting states, the Interstate Commission may issue advisoryopinions regarding such meaning or interpretation.
4. In the event any provision of this compact exceeds theconstitutional limits imposed on the legislature of any compacting state,the obligations, duties, powers or jurisdiction sought to be conferred bysuch provision upon the Interstate Commission shall be ineffective and suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall be exercised by the agency thereof to which suchobligations, duties, powers or jurisdiction are delegated by law in effectat the time this compact becomes effective.
210.570. This interstate compact for juveniles is entered with alljurisdictions legally joining the compact in the form substantially asfollows:
THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that eachstate is responsible for the proper supervision or return of juveniles,delinquents and status offenders who are on probation or parole and whohave absconded, escaped or run away from supervision and control and in sodoing have endangered their own safety and the safety of others. Thecompacting states also recognize that each state is responsible for thesafe return of juveniles who have run away from home and in doing so haveleft their state of residence. The compacting states also recognize thatCongress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965),has authorized and encouraged compacts for cooperative efforts and mutualassistance in the prevention of crime.
It is the purpose of this compact, through means of joint andcooperative action among the compacting states to: (A) ensure that theadjudicated juveniles and status offenders subject to this compact areprovided adequate supervision and services in the receiving state asordered by the adjudicating judge or parole authority in the sending state;(B) ensure that the public safety interests of the citizens, including thevictims of juvenile offenders, in both the sending and receiving states areadequately protected; (C) return juveniles who have run away, absconded orescaped from supervision or control or have been accused of an offense tothe state requesting their return; (D) make contracts for the cooperativeinstitutionalization in public facilities in member states for delinquentyouth needing special services; (E) provide for the effective tracking andsupervision of juveniles; (F) equitably allocate the costs, benefits andobligations of the compacting states; (G) establish procedures to managethe movement between states of juvenile offenders released to the communityunder the jurisdiction of courts, juvenile departments, or any othercriminal or juvenile justice agency which has jurisdiction over juvenileoffenders; (H) insure immediate notice to jurisdictions where definedoffenders are authorized to travel or to relocate across state lines; (I)establish procedures to resolve pending charges (detainers) againstjuvenile offenders prior to transfer or release to the community under theterms of this compact; (J) establish a system of uniform data collection oninformation pertaining to juveniles subject to this compact that allowsaccess by authorized juvenile justice and criminal justice officials, andregular reporting of compact activities to heads of state executive,judicial, and legislative branches and juvenile and criminal justiceadministrators; (K) monitor compliance with rules governing interstatemovement of juveniles and initiate interventions to address and correctnoncompliance; (L) coordinate training and education regarding theregulation of interstate movement of juveniles for officials involved insuch activity; and (M) coordinate the implementation and operation of thecompact with the Interstate Compact for the Placement of Children, theInterstate Compact for Adult Offender Supervision and other compactsaffecting juveniles particularly in those cases where concurrent oroverlapping supervision issues arise. It is the policy of the compactingstates that the activities conducted by the Interstate Commission createdherein are the formation of public policies and therefore are publicbusiness. Furthermore, the compacting states shall cooperate and observetheir individual and collective duties and responsibilities for the promptreturn and acceptance of juveniles subject to the provisions of thiscompact. The provisions of this compact shall be reasonably and liberallyconstrued to accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires adifferent construction:
A. "Bylaws" means: those bylaws established by the InterstateCommission for its governance, or for directing or controlling its actionsor conduct.
B. "Compact Administrator" means: the individual in each compactingstate appointed 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 theenabling legislation for this compact.
D. "Commissioner" means: the voting representative of eachcompacting state appointed 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, ineach compacting state appointed to act on behalf of a Compact Administratorpursuant to the terms of this compact responsible for the administrationand management of the state's supervision and transfer of juveniles subjectto the terms of this compact, the rules adopted by the InterstateCommission and policies adopted by the State Council under this compact.
G. "Interstate Commission" means: the Interstate Commission forJuveniles created by Article III of this compact.
H. "Juvenile" means: any person defined as a juvenile in any memberstate or by the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, ifcommitted by an adult, would be a criminal offense;
(2) Adjudicated Delinquent - a person found to have committed anoffense that, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender - a person charged with an offense thatwould not be a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have committed anoffense that would not be a criminal offense if committed by an adult; and
(5) Non-offender - a person in need of supervision who has not beenaccused or 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 orconditional release of juveniles authorized under the laws of thecompacting 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 provisionof the compact, or an organizational, procedural, or practice requirementof the commission, and has the force and effect of statutory law in acompacting state, and includes the amendment, repeal, or suspension of anexisting rule.
L. "State" means: a state of the United States, the District ofColumbia (or its designee), the Commonwealth of Puerto Rico, the U.S.Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the "Interstate Commission forJuveniles." The commission shall be a body corporate and joint agency ofthe compacting states. The commission shall have all the responsibilities,powers and duties set forth herein, and such additional powers as may beconferred upon it by subsequent action of the respective legislatures ofthe compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointedby the appropriate appointing authority in each state pursuant to the rulesand requirements of each compacting state and in consultation with theState Council for Interstate Juvenile Supervision created hereunder. Thecommissioner shall be the compact administrator, deputy compactadministrator or designee from that state who shall serve on the InterstateCommission in such capacity under or pursuant to the applicable law of thecompacting state.
C. In addition to the commissioners who are the votingrepresentatives of each state, the Interstate Commission shall includeindividuals who are not commissioners, but who are members of interestedorganizations. Such noncommissioner members must include a member of thenational organizations of governors, legislators, state chief justices,attorneys general, Interstate Compact for Adult Offender Supervision,Interstate Compact for the Placement of Children, juvenile justice andjuvenile corrections officials, and crime victims. All noncommissionermembers of the Interstate Commission shall be ex-officio (nonvoting)members. The Interstate Commission may provide in its bylaws for suchadditional ex-officio (nonvoting) members, including members of othernational organizations, in such numbers as shall be determined by thecommission.
D. Each compacting state represented at any meeting of the commissionis entitled to one vote. A majority of the compacting states shallconstitute a quorum for the transaction of business, unless a larger quorumis required by the bylaws 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 thepublic.
F. The Interstate Commission shall establish an executive committee,which shall include commission officers, members, and others as determinedby the bylaws. The executive committee shall have the power to act onbehalf of the Interstate Commission during periods when the InterstateCommission is not in session, with the exception of rulemaking and/oramendment to the compact. The executive committee shall oversee theday-to-day activities of the administration of the compact managed by anexecutive director and Interstate Commission staff; administers enforcementand compliance with the provisions of the compact, its bylaws and rules,and performs such other duties as directed by the Interstate Commission orset forth in the bylaws.
G. Each member of the Interstate Commission shall have the right andpower to cast a vote to which that compacting state is entitled and toparticipate in the business and affairs of the Interstate Commission. Amember shall vote in person and shall not delegate a vote to anothercompacting state. However, a commissioner, in consultation with the statecouncil, shall appoint another authorized representative, in the absence ofthe commissioner from that state, to cast a vote on behalf of thecompacting state at a specified meeting. The bylaws may provide formembers' participation in meetings by telephone or other means oftelecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish conditions andprocedures under which the Interstate Commission shall make its informationand official records available to the public for inspection or copying.The Interstate Commission may exempt from disclosure any information orofficial records to the extent they would adversely affect personal privacyrights or proprietary interests.
I. Public notice shall be given of all meetings and all meetingsshall be open to the public, except as set forth in the rules or asotherwise provided in the compact. The Interstate Commission and any ofits committees may close a meeting to the public where it determines bytwo-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnelpractices and procedures;
2. Disclose matters specifically exempted from disclosure by statute;
3. Disclose trade secrets or commercial or financial informationwhich is privileged or confidential;
4. Involve accusing any person of a crime, or formally censuring anyperson;
5. Disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcementpurposes;
7. Disclose information contained in or related to examination,operating or condition reports prepared by, or on behalf of or for the useof, the Interstate Commission with respect to a regulated person or entityfor the purpose 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, theInterstate Commission's legal counsel shall publicly certify that, in thelegal counsel's opinion, the meeting may be closed to the public, and shallreference each relevant exemptive provision. The Interstate Commissionshall keep minutes which shall fully and clearly describe all mattersdiscussed in any meeting and shall provide a full and accurate summary ofany actions taken, and the reasons therefore, including a description ofeach of the views expressed on any item and the record of any roll callvote (reflected in the vote of each member on the question). All documentsconsidered in connection with any action shall be identified in suchminutes.
K. The Interstate Commission shall collect standardized dataconcerning the interstate movement of juveniles as directed through itsrules which shall specify the data to be collected, the means of collectionand data exchange and reporting requirements. Such methods of datacollection, exchange and reporting shall insofar as is reasonably possibleconform to up-to-date technology and coordinate its information functionswith the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE 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 asenumerated in this compact, which shall have the force and effect ofstatutory law and shall be binding in the compacting states to the extentand in the manner provided in this compact.
3. To oversee, supervise and coordinate the interstate movement ofjuveniles subject to the terms of this compact and any bylaws adopted andrules promulgated by the Interstate Commission.
4. To enforce compliance with the compact provisions, the rulespromulgated by the Interstate Commission, and the bylaws, using allnecessary and proper means, including but not limited to the use ofjudicial process.
5. To establish and maintain offices which shall be located withinone or more 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 limitedto, an executive committee as required by Article III which shall have thepower to act on behalf of the Interstate Commission in carrying out itspowers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents,or consultants, and to fix their compensation, define their duties anddetermine their qualifications; and to establish the InterstateCommission's personnel policies and programs relating to, inter alia,conflicts of interest, rates of compensation, and qualifications ofpersonnel.
10. To accept any and all donations and grants of money, equipment,supplies, materials, and services, and to receive, utilize, and dispose ofit.
11. To lease, purchase, accept contributions or donations of, orotherwise to own, hold, improve or use any property, real, personal, ormixed.
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 asprovided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operationof the Interstate Commission.
16. To perform such functions as may be necessary or appropriate toachieve the purposes of this compact.
17. To report annually to the legislatures, governors, judiciary, andstate councils of the compacting states concerning the activities of theInterstate Commission during the preceding year. Such reports shall alsoinclude any recommendations that may have been adopted by the InterstateCommission.
18. To coordinate education, training and public awareness regardingthe interstate movement of juveniles for officials involved in suchactivity.
19. To establish uniform standards of the reporting, collecting andexchanging of data.
20. The Interstate Commission shall maintain its corporate books andrecords in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
1. The Interstate Commission shall, by a majority of the memberspresent and voting, within twelve months after the first InterstateCommission meeting, adopt bylaws to govern its conduct as may be necessaryor appropriate to carry out the purposes of the compact, including, but notlimited to:
a. Establishing the fiscal year of the Interstate Commission;
b. Establishing an executive committee and such other committees asmay be necessary;
c. Provide for the establishment of committees governing any generalor specific delegation of any authority or function of the InterstateCommission;
d. Providing reasonable procedures for calling and conductingmeetings of the Interstate Commission, and ensuring reasonable notice ofeach such meeting;
e. Establishing the titles and responsibilities of the officers ofthe Interstate Commission;
f. Providing a mechanism for concluding the operations of theInterstate Commission and the return of any surplus funds that may existupon the termination of the compact after the payment and/or reserving ofall of its debts and obligations;
g. Providing start-up rules for initial administration of thecompact; 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,elect annually from among its members a chairperson and a vice chairperson,each of whom shall have such authority and duties as may be specified inthe bylaws. The chairperson or, in the chairperson's absence ordisability, the vice chairperson shall preside at all meetings of theInterstate Commission. The officers so elected shall serve withoutcompensation or remuneration from the Interstate Commission; provided that,subject to the availability of budgeted funds, the officers shall bereimbursed for any ordinary and necessary costs and expenses incurred bythem in the performance of their duties and responsibilities as officers ofthe Interstate Commission.
2. The Interstate Commission shall, through its executive committee,appoint or retain an executive director for such period, upon such termsand conditions and for such compensation as the Interstate Commission maydeem appropriate. The executive director shall serve as secretary to theInterstate Commission, but shall not be a member and shall hire andsupervise such other staff as may be authorized by the InterstateCommission.
Section C. Qualified Immunity, Defense and Indemnification
1. The commission's executive director and employees shall be immunefrom suit and liability, either personally or in their official capacity,for any claim for damage to or loss of property or personal injury or othercivil liability caused or arising out of or relating to any actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred within the scope of commissionemployment, duties, or responsibilities; provided, that any such personshall not be protected from suit or liability for any damage, loss, injury,or liability caused by the intentional or willful and wanton misconduct ofany 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 orliability for any damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of any such person.
3. The Interstate Commission shall defend the executive director orthe employees or representatives of the Interstate Commission and, subjectto the approval of the attorney general of the state represented by anycommissioner of a compacting state, shall defend such commissioner or thecommissioner's representatives or employees in any civil action seeking toimpose liability arising out of any actual or alleged act, error oromission that occurred within the scope of Interstate Commissionemployment, duties or responsibilities, or that the defendant had areasonable basis for believing occurred within the scope of InterstateCommission employment, duties, or responsibilities, provided that theactual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold thecommissioner of a compacting state, or the commissioner's representativesor employees, or the Interstate Commission's representatives or employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising out of any actual or alleged act, error, or omission thatoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, or that such persons had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, oromission did not result from intentional or willful and wanton misconducton the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish rules inorder to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in thisarticle and the bylaws and rules adopted pursuant thereto. Such rulemakingshall substantially conform to the principles of the "Model StateAdministrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15,p.1 (2000), or such other administrative procedures act, as the InterstateCommission deems appropriate consistent with due process requirements underthe U.S. Constitution as now or hereafter interpreted by the U.S. SupremeCourt. All rules and amendments shall become binding as of the datespecified, as published with the final version of the rule as approved bythe commission.
C. When promulgating a rule, the Interstate Commission shall, at aminimum:
1. publish the proposed rule's entire text stating the reason(s) forthat proposed rule;
2. allow and invite any and all persons to submit written data,facts, opinions and arguments, which information shall be added to therecord, and be made publicly available;
3. provide an opportunity for an informal hearing if petitioned byten (10) or more persons; and
4. promulgate a final rule and its effective date, if appropriate,based on input 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 Courtfor the District of Columbia or in the Federal District Court where theInterstate Commission's principal office is located for judicial review ofsuch rule. If the court finds that the Interstate Commission's action isnot supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of thissubsection, evidence is substantial if it would be considered substantialevidence under the Model State Administrative Procedures Act.
E. If a majority of the legislatures of the compacting states rejectsa rule, those states may, by enactment of a statute or resolution in thesame manner used to adopt the compact, cause that such rule shall have nofurther force and effect in any compacting state.
F. The existing rules governing the operation of the InterstateCompact on Juveniles superseded by this act shall be null and void twelve(12) months after the first meeting of the Interstate Commission createdhereunder.
G. Upon determination by the Interstate Commission that astate-of-emergency exists, it may promulgate an emergency rule which shallbecome effective immediately upon adoption, provided that the usualrulemaking procedures provided hereunder shall be retroactively applied tosaid rule as soon as reasonably possible, but no later than ninety (90)days after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Section A. Oversight
1. The Interstate Commission shall oversee the administration andoperations of the interstate movement of juveniles subject to this compactin the compacting states and shall monitor such activities beingadministered in noncompacting states which may significantly affectcompacting states.
2. The courts and executive agencies in each compacting state shallenforce this compact and shall take all actions necessary and appropriateto effectuate the compact's purposes and intent. The provisions of thiscompact and the rules promulgated hereunder shall be received by all thejudges, public officers, commissions, and departments of the stategovernment as evidence of the authorized statute and administrative rules.All courts shall take judicial notice of the compact and the rules. In anyjudicial or administrative proceeding in a compacting state pertaining tothe subject matter of this compact which may affect the powers,responsibilities or actions of the Interstate Commission, it shall beentitled to receive all service of process in any such proceeding, andshall have standing to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
1. The compacting states shall report to the Interstate Commission onall issues and activities necessary for the administration of the compactas well as issues and activities pertaining to compliance with theprovisions of the compact and its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of acompacting state, to resolve any disputes or other issues which are subjectto the compact and which may arise among compacting states and betweencompacting and noncompacting states. The commission shall promulgate arule providing for both mediation and binding dispute resolution fordisputes among the compacting states.
3. The Interstate Commission, in the reasonable exercise of itsdiscretion, shall enforce the provisions and rules of this compact usingany or all means set forth in Article XI of this compact.
ARTICLE VIII
FINANCE
A. The Interstate Commission shall pay or provide for the payment ofthe reasonable expenses of its establishment, organization and ongoingactivities.
B. The Interstate Commission shall levy on and collect an annualassessment from each compacting state to cover the cost of the internaloperations and activities of the Interstate Commission and its staff whichmust be in a total amount sufficient to cover the Interstate Commission'sannual budget as approved each year. The aggregate annual assessmentamount shall be allocated based upon a formula to be determined by theInterstate Commission, taking into consideration the population of eachcompacting state and the volume of interstate movement of juveniles in eachcompacting state and shall promulgate a rule binding upon all compactingstates which governs said assessment.
C. The Interstate Commission shall not incur any obligations of anykind prior to securing the funds adequate to meet the same; nor shall theInterstate Commission pledge the credit of any of the compacting states,except by and with the authority of the compacting state.
D. The Interstate Commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of theInterstate Commission shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the Interstate Commission shall beaudited yearly by a certified or licensed public accountant and the reportof the audit shall be included in and become part of the annual report ofthe Interstate Commission.
ARTICLE IX
THE STATE COUNCIL
Each member state shall create a State Council for Interstate JuvenileSupervision. While each state may determine the membership of its ownstate council, its membership must include at least one representative fromthe legislative, judicial, and executive branches of government, victimsgroups, and the compact administrator, deputy compact administrator ordesignee. Each compacting state retains the right to determine thequalifications of the compact administrator or deputy compactadministrator. Each state council will advise and may exercise oversightand advocacy concerning that state's participation in Interstate Commissionactivities and other duties as may be determined by that state, includingbut not limited to, development of policy concerning operations andprocedures of the compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state, the District of Columbia (or its designee), theCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Marianas Islands as defined in Article II of this compactis eligible to become a 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. Theinitial effective date shall be the later of July 1, 2004, or uponenactment into law by the 35th jurisdiction. Thereafter, it shall becomeeffective and binding as to any other compacting state upon enactment ofthe compact into law by that state. The governors of nonmember states ortheir designees shall be invited to participate in the activities of theInterstate Commission on a nonvoting basis prior to adoption of the compactby all states and territories of the United States.
C. The Interstate Commission may propose amendments to the compactfor enactment by the compacting states. No amendment shall becomeeffective and binding upon the Interstate Commission and the compactingstates unless and until it is enacted into law by unanimous consent of thecompacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
1. Once effective, the compact shall continue in force and remainbinding upon each and every compacting state; provided that a compactingstate may withdraw from the compact by specifically repealing the statutewhich enacted the compact into law.
2. The effective date of withdrawal is the effective date of therepeal.
3. The withdrawing state shall immediately notify the chairperson ofthe Interstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall notify the other compacting states of the withdrawing state's intentto withdraw within sixty days of its receipt thereof.
4. The withdrawing state is responsible for all assessments,obligations and liabilities incurred through the effective date ofwithdrawal, including any obligations, the performance of which extendbeyond the effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state shalloccur upon the withdrawing state reenacting the compact or upon such laterdate as determined by the Interstate Commission.
Section B. Technical Assistance, Fines, Suspension, Termination andDefault
1. If the Interstate Commission determines that any compacting statehas at any time defaulted in the performance of any of its obligations orresponsibilities under this compact, or the bylaws or duly promulgatedrules, the Interstate Commission may impose any or all of the followingpenalties:
a. Remedial training and technical assistance as directed by theInterstate Commission;
b. Alternative Dispute Resolution;
c. Fines, fees, and costs in such amounts as are deemed to bereasonable as fixed by the Interstate Commission; and
d. Suspension or termination of membership in the compact, whichshall be imposed only after all other reasonable means of securingcompliance under the bylaws and rules have been exhausted and theInterstate Commission has therefore determined that the offending state isin default. Immediate notice of suspension shall be given by theInterstate Commission to the Governor, the Chief Justice or the chiefjudicial officer of the state, the majority and minority leaders of thedefaulting state's legislature, and the state council. The grounds fordefault include, but are not limited to, failure of a compacting state toperform such obligations or responsibilities imposed upon it by thiscompact, the bylaws, or duly promulgated rules and any other groundsdesignated in commission bylaws and rules. The Interstate Commission shallimmediately notify the defaulting state in writing of the penalty imposedby the Interstate Commission and of the default pending a cure of thedefault. The commission shall stipulate the conditions and the time periodwithin which the defaulting state must cure its default. If the defaultingstate fails to cure the default within the time period specified by thecommission, the defaulting state shall be terminated from the compact uponan affirmative vote of a majority of the compacting states and all rights,privileges and benefits conferred by this compact shall be terminated fromthe effective date of termination.
2. Within sixty days of the effective date of termination of adefaulting state, the commission shall notify the Governor, the ChiefJustice or chief judicial officer, the majority and minority leaders of thedefaulting state's legislature, and the state council of such termination.
3. The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date oftermination including any obligations, the performance of which extendsbeyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating to thedefaulting state unless otherwise mutually agreed upon in writing betweenthe Interstate Commission and the defaulting state.
5. Reinstatement following termination of any compacting staterequires both a reenactment of the compact by the defaulting state and theapproval of the Interstate Commission pursuant to the rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members,initiate legal action in the United States District Court for the Districtof Columbia or, at the discretion of the Interstate Commission, in thefederal district where the Interstate Commission has its offices, toenforce compliance with the provisions of the compact, its duly promulgatedrules and bylaws, against any compacting state in default. In the eventjudicial enforcement is necessary the prevailing party shall be awarded allcosts of such litigation including reasonable 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 toone compacting state.
2. Upon the dissolution of this compact, the compact becomes null andvoid and shall be of no further force or effect, and the business andaffairs of the Interstate Commission shall be concluded and any surplusfunds shall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if anyphrase, clause, sentence or provision is deemed unenforceable, theremaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed toeffectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
1. Nothing herein prevents the enforcement of any other law of acompacting state that is not inconsistent with this compact.
2. All compacting states' laws other than state constitutions andother interstate compacts conflicting with this compact are superseded tothe extent of the conflict.
Section B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including allrules and bylaws promulgated by the Interstate Commission, are binding uponthe compacting states.
2. All agreements between the Interstate Commission and thecompacting states are binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning orinterpretation of Interstate Commission actions, and upon a majority voteof the compacting states, the Interstate Commission may issue advisoryopinions regarding such meaning or interpretation.
4. In the event any provision of this compact exceeds theconstitutional limits imposed on the legislature of any compacting state,the obligations, duties, powers or jurisdiction sought to be conferred bysuch provision upon the Interstate Commission shall be ineffective and suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall be exercised by the agency thereof to which suchobligations, duties, powers or jurisdiction are delegated by law in effectat the time this compact becomes effective.
