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Statutes > Nebraska > Chapter43 > 43-1011

43-1011. Interstate Compact for Juveniles.ARTICLE IPURPOSEThe compacting statesto this Interstate Compact recognize that each state is responsible for theproper supervision or return of juveniles, delinquents and status offenderswho are on probation or parole and who have absconded, escaped or run awayfrom supervision and control and in so doing have endangered their own safetyand the safety of others. The compacting states also recognize that each stateis responsible for the safe return of juveniles who have run away from homeand in doing so have left their state of residence. The compacting statesalso recognize that Congress, by enacting the Crime Control Act, 4 U.S.C.Section 112 (1965), has authorized and encouraged compacts for cooperativeefforts and mutual assistance in the prevention of crime.It is the purpose ofthis compact, through means of joint and cooperative action among the compactingstates to: (A) ensure that the adjudicated juveniles and status offenderssubject to this compact are provided adequate supervision and services inthe receiving state as ordered by the adjudicating judge or parole authorityin the sending state; (B) ensure that the public safety interests of the citizens,including the victims of juvenile offenders, in both the sending and receivingstates are adequately protected; (C) return juveniles who have run away, abscondedor escaped from supervision or control or have been accused of an offenseto the 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 and obligationsof the compacting states; (G) establish procedures to manage the movementbetween states of juvenile offenders released to the community under the jurisdictionof courts, juvenile departments, or any other criminal or juvenile justiceagency which has jurisdiction over juvenile offenders; (H) insure immediatenotice to jurisdictions where defined offenders are authorized to travel orto relocate across state lines; (I) establish procedures to resolve pendingcharges (detainers) against juvenile offenders prior to transfer or releaseto the community under the terms of this compact; (J) establish a system ofuniform data collection on information pertaining to juveniles subject tothis compact that allows access by authorized juvenile justice and criminaljustice officials; and regular reporting of Compact activities to heads ofstate executive, judicial, and legislative branches and juvenile and criminaljustice administrators; (K) monitor compliance with rules governing interstatemovement of juveniles and initiate interventions to address and correct noncompliance;(L) coordinate training and education regarding the regulation of interstatemovement of juveniles for officials involved in such activity; and (M) coordinatethe implementation and operation of the compact with the Interstate Compactfor the Placement of Children, the Interstate Compact for Adult Offender Supervisionand other compacts affecting juveniles particularly in those cases where concurrentor overlapping 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 therefor are public business.Furthermore, the compacting states shall cooperate and observe their individualand collective duties and responsibilities for the prompt return and acceptanceof juveniles subject to the provisions of this compact. The provisions ofthis compact shall be reasonably and liberally construed to accomplish thepurposes and policies of the compact.ARTICLE IIDEFINITIONSAs used in this compact, unless the context clearlyrequires a different construction:A. "Bylaws" means: those bylaws established by theInterstate Commission for its governance, or for directing or controllingits actions or conduct.B."Compact Administrator" means: the individual in each compacting state appointedpursuant 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 Interstate Commissionand policies adopted by the State Council under this compact.C. "Compacting State"means: any state which has enacted the enabling legislation for this compact.D. "Commissioner" means:the voting representative of each compacting state appointed pursuant to ArticleIII of this compact.E."Court" means: any court having jurisdiction over delinquent, neglected, ordependent children.F."Deputy Compact Administrator" means: the individual, if any, in each compactingstate appointed to act on behalf of a Compact Administrator pursuant to theterms of this compact responsible for the administration and management ofthe state's supervision and transfer of juveniles subject to the terms ofthis compact, the rules adopted by the Interstate Commission and policiesadopted by the State Council under this compact.G. "Interstate Commission" means:the Interstate Commission for Juveniles created by Article III of this compact.H. "Juvenile" means:any person defined as a juvenile in any member state or by the rules of theInterstate Commission, including:(1) Accused Delinquent — a person charged with anoffense that, if committed by an adult, would be a criminal offense;(2) Adjudicated Delinquent— a person found to have committed an offense that, if committed by an adult,would be a criminal offense;(3) Accused Status Offender — a person charged withan offense that would not be a criminal offense if committed by an adult;(4) Adjudicated StatusOffender — a person found to have committed an offense that would not be acriminal offense if committed by an adult; and(5) Nonoffender — a person in needof supervision who has not been accused or adjudicated a status offender ordelinquent.I."Noncompacting state" means: any state which has not enacted the enablinglegislation for this compact.J. "Probation or Parole" means: any kind of supervisionor conditional release of juveniles authorized under the laws of the compactingstates.K."Rule" means: a written statement by the Interstate Commission promulgatedpursuant to Article VI of this compact that is of general applicability, implements,interprets or prescribes a policy or provision of the Compact, or an organizational,procedural, or practice requirement of the Commission, and has the force andeffect of statutory law in a compacting state, and includes the amendment,repeal, or suspension of an existing rule.L. "State" means: a state of the United States, theDistrict of Columbia (or its designee), the Commonwealth of Puerto Rico, theU.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.ARTICLE IIIINTERSTATE COMMISSIONFOR JUVENILESA.The compacting states hereby create the "Interstate Commission for Juveniles."The commission shall be a body corporate and joint agency of the compactingstates. The commission shall have all the responsibilities, powers and dutiesset forth herein, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting statesin accordance with the terms of this compact.B. The Interstate Commission shallconsist of commissioners appointed by the appropriate appointing authorityin each state pursuant to the rules and requirements of each compacting stateand in consultation with the State Council for Interstate Juvenile Supervisioncreated hereunder. The commissioner shall be the compact administrator, deputycompact administrator 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 voting representatives of eachstate, the Interstate Commission shall include individuals who are not commissioners,but who are members of interested organizations. Such noncommissioner membersmust include a member of the national organizations of governors, legislators,state chief justices, attorneys general, Interstate Compact for Adult OffenderSupervision, Interstate Compact for the Placement of Children, juvenile justiceand juvenile 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 such additional exofficio (nonvoting) members, including members of other national organizations,in such numbers as shall be determined by the commission.D. Each compacting staterepresented at any meeting of the commission is entitled to one vote. A majorityof the compacting states shall constitute a quorum for the transaction ofbusiness, unless a larger quorum is required by the bylaws of the InterstateCommission.E.The commission shall meet at least once each calendar year. The chairpersonmay call additional meetings and, upon the request of a simple majority ofthe compacting states, shall call additional meetings. Public notice shallbe given of all meetings and meetings shall be open to the public.F. The Interstate Commissionshall establish an executive committee, which shall include commission officers,members, and others as determined by the bylaws. The executive committee shallhave the power to act on behalf of the Interstate Commission during periodswhen the Interstate Commission is not in session, with the exception of rulemakingand/or amendment to the compact. The executive committee shall oversee theday-to-day activities of the administration of the compact managed by an executivedirector and Interstate Commission staff; administers enforcement and compliancewith the provisions of the compact, its bylaws and rules, and performs suchother duties as directed by the Interstate Commission or set forth in thebylaws.G.Each member of the Interstate Commission shall have the right and power tocast a vote to which that compacting state is entitled and to participatein the business and affairs of the Interstate Commission. A member shall votein person and shall not delegate a vote to another compacting state. However,a commissioner, in consultation with the state council, shall appoint anotherauthorized representative, in the absence of the commissioner from that state,to cast a vote on behalf of the compacting state at a specified meeting. Thebylaws may provide for members' participation in meetings by telephone orother means of telecommunication or electronic communication.H. The Interstate Commission'sbylaws shall establish conditions and procedures under which the InterstateCommission shall make its information and official records available to thepublic for inspection or copying. The Interstate Commission may exempt fromdisclosure any information or official records to the extent they would adverselyaffect personal privacy rights or proprietary interests.I. Public notice shallbe given of all meetings and all meetings shall be open to the public, exceptas set forth in the Rules or as otherwise provided in the Compact. The InterstateCommission and any of its committees may close a meeting to the public whereit determines by two-thirds vote that an open meeting would be likely to:1. Relate solely to theInterstate Commission's internal personnel practices and procedures;2. Disclose matters specificallyexempted from disclosure by statute;3. Disclose trade secrets or commercial or financialinformation which is privileged or confidential;4. Involve accusing any person ofa crime, or formally censuring any person;5. Disclose information of a personal nature wheredisclosure would constitute a clearly unwarranted invasion of personal privacy;6. Disclose investigativerecords compiled for law enforcement purposes;7. Disclose information containedin or related to examination, operating or condition reports prepared by,or on behalf of or for the use of, the Interstate Commission with respectto a regulated person or entity for the purpose of regulation or supervisionof such person or entity;8.Disclose information, the premature disclosure of which would significantlyendanger the stability of a regulated person or entity; or9. Specifically relateto the Interstate Commission's issuance of a subpoena, or its participationin a civil action or other legal proceeding.J. For every meeting closed pursuantto this provision, the Interstate Commission's legal counsel shall publiclycertify that, in the legal counsel's opinion, the meeting may be closed tothe public, and shall reference each relevant exemptive provision. The InterstateCommission shall 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 therefor, including a description of eachof the views expressed on any item and the record of any roll call vote (reflectedin the vote of each member on the question). All documents considered in connectionwith any action shall be identified in such minutes.K. The Interstate Commission shallcollect standardized data concerning the interstate movement of juvenilesas directed through its rules which shall specify the data to be collected,the means of collection and data exchange and reporting requirements. Suchmethods of data collection, exchange and reporting shall insofar as is reasonablypossible conform to up-to-date technology and coordinate its information functionswith the appropriate repository of records.ARTICLE IVPOWERS AND DUTIES OF THE INTERSTATE COMMISSIONThe commission shallhave the following powers and duties:1. To provide for dispute resolution among compactingstates.2.To promulgate rules to effect the purposes and obligations as enumerated inthis compact, which shall have the force and effect of statutory law and shallbe binding in the compacting states to the extent and in the manner providedin this compact.3.To oversee, supervise and coordinate the interstate movement of juvenilessubject to the terms of this compact and any bylaws adopted and rules promulgatedby the Interstate Commission.4. To enforce compliance with the compact provisions,the rules promulgated by the Interstate Commission, and the bylaws, usingall necessary and proper means, including but not limited to the use of judicialprocess.5.To establish and maintain offices which shall be located within one or moreof the compacting states.6.To purchase and maintain insurance and bonds.7. To borrow, accept, hire or contractfor services of personnel.8. To establish and appoint committees and hire staffwhich it deems necessary for the carrying out of its functions including,but not limited to, an executive committee as required by Article III whichshall have the power to act on behalf of the Interstate Commission in carryingout its powers and duties hereunder.9. To elect or appoint such officers, attorneys, employees,agents, or consultants, and to fix their compensation, define their dutiesand determine their qualifications; and to establish the Interstate Commission'spersonnel policies and programs relating to, inter alia, conflicts of interest,rates of compensation, and qualifications of personnel.10. To accept any andall donations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose of it.11. To lease, purchase, accept contributions or donationsof, or otherwise to own, hold, improve or use any property, real, personal,or mixed.12.To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of any property, real, personal or mixed.13. To establish a budget and makeexpenditures and levy dues as provided in Article VIII of this compact.14. To sue and be sued.15. To adopt a seal andbylaws governing the management and operation of the Interstate Commission.16. To perform such functionsas may be necessary or appropriate to achieve the purposes of this compact.17. To report annuallyto the legislatures, governors, judiciary, and state councils of the compactingstates concerning the activities of the Interstate Commission during the precedingyear. Such reports shall also include any recommendations that may have beenadopted by the Interstate Commission.18. To coordinate education, training and public awarenessregarding the interstate movement of juveniles for officials involved in suchactivity.19.To establish uniform standards of the reporting, collecting and exchangingof data.20.The Interstate Commission shall maintain its corporate books and records inaccordance with the bylaws.ARTICLE VORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSIONSection A. Bylaws1. The Interstate Commissionshall, by a majority of the members present and voting, within twelve monthsafter the first Interstate Commission meeting, adopt bylaws to govern itsconduct as may be necessary or appropriate to carry out the purposes of thecompact, including, but not limited to:a. Establishing the fiscal year of the InterstateCommission;b.Establishing an executive committee and such other committees as may be necessary;c. Provide for the establishmentof committees governing any general or specific delegation of any authorityor function of the Interstate Commission;d. Providing reasonable procedures for calling andconducting meetings of the Interstate Commission, and ensuring reasonablenotice of each such meeting;e. Establishing the titles and responsibilities ofthe officers of the Interstate Commission;f. Providing a mechanism for concluding the operationsof the Interstate Commission and the return of any surplus funds that mayexist upon the termination of the Compact after the payment and/or reservingof all of its debts and obligations;g. Providing "startup" rules for initial administrationof the compact; andh.Establishing standards and procedures for compliance and technical assistancein carrying out the compact.Section B. Officers and Staff1. The Interstate Commission shall,by a majority of the members, elect annually from among its members a chairpersonand a vice-chairperson, each of whom shall have such authority and dutiesas may be specified in the bylaws. The chairperson or, in the chairperson'sabsence or disability, the vice-chairperson shall preside at all meetingsof the Interstate 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 be reimbursedfor any ordinary and necessary costs and expenses incurred by them in theperformance of their duties and responsibilities as officers of the InterstateCommission.2.The Interstate Commission shall, through its executive committee, appointor retain an executive director for such period, upon such terms and conditionsand for such compensation as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,but shall not be a Member and shall hire and supervise such other staff asmay be authorized by the Interstate Commission.Section C. Qualified Immunity, Defenseand Indemnification1.The Commission's executive director and employees shall be immune from suitand liability, either personally or in their official capacity, for any claimfor damage to or loss of property or personal injury or other civil liabilitycaused or arising out of or relating to any actual or alleged act, error,or omission that occurred, or that such person had a reasonable basis forbelieving occurred within the scope of Commission employment, duties, or responsibilities;provided, that any such person shall not be protected from suit or liabilityfor any damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.2. The liability of any commissioner, or the employeeor agent of a commissioner, acting within the scope of such person's employmentor duties for acts, errors, or omissions occurring within such person's statemay not exceed the limits of liability set forth under the Constitution andlaws of that state for state officials, employees, and agents. Nothing inthis subsection shall be construed to protect any such person from suit orliability for any damage, loss, injury, or liability caused by the intentionalor willful and wanton misconduct of any such person.3. The Interstate Commission shalldefend the executive director or the employees or representatives of the InterstateCommission and, subject to the approval of the Attorney General of the staterepresented by any commissioner of a compacting state, shall defend such commissioneror the commissioner's representatives or employees in any civil action seekingto impose liability arising out of any actual or alleged act, error or omissionthat occurred within the scope of Interstate Commission employment, dutiesor responsibilities, or that the defendant had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the partof such person.4.The Interstate Commission shall indemnify and hold the commissioner of a compactingstate, or the commissioner's representatives or employees, or the InterstateCommission's representatives or employees, harmless in the amount of any settlementor judgment obtained against such persons arising out of any actual or allegedact, error, or omission that occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, or that such persons had a reasonablebasis for believing occurred within the scope of Interstate Commission employment,duties, or responsibilities, provided that the actual or alleged act, error,or omission did not result from intentional or willful and wanton misconducton the part of such persons.ARTICLE VIRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSIONA. The Interstate Commissionshall promulgate and publish rules in order to effectively and efficientlyachieve the purposes of the compact.B. Rulemaking shall occur pursuant to the criteriaset forth in this article and the bylaws and rules adopted pursuant thereto.Such rulemaking shall substantially conform to the principles of the "ModelState Administrative 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 date specified,as published with the final version of the rule as approved by the Commission.C. When promulgatinga rule, the Interstate Commission shall, at a minimum:1. publish the proposedrule's entire text stating the reason(s) for that proposed rule;2. allow and invite anyand all persons to submit written data, facts, opinions and arguments, whichinformation shall be added to the record, and be made publicly available;3. provide an opportunityfor an informal hearing if petitioned by ten (10) or more persons; and4. promulgate a finalrule and its effective date, if appropriate, based on input from state orlocal officials, or interested parties.D. Allow, not later than sixty days after a rule ispromulgated, any interested person to file a petition in the United StatesDistrict Court for the District of Columbia or in the Federal District Courtwhere the Interstate Commission's principal office is located for judicialreview of such rule. If the court finds that the Interstate Commission's actionis not supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of this subsection,evidence is substantial if it would be considered substantial evidence underthe Model State Administrative Procedures Act.E. If a majority of the legislaturesof the compacting states rejects a rule, those states may, by enactment ofa statute or resolution in the same manner used to adopt the compact, causethat such rule shall have no further force and effect in any compacting state.F. The existing rulesgoverning the operation of the Interstate Compact on Juveniles supercededby this compact shall be null and void twelve (12) months after the firstmeeting of the Interstate Commission created hereunder.G. Upon determinationby the Interstate Commission that a state of emergency exists, it may promulgatean emergency rule which shall become effective immediately upon adoption,provided that the usual rulemaking procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, but nolater than ninety (90) days after the effective date of the emergency rule.ARTICLE VIIOVERSIGHT, ENFORCEMENTAND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSIONSection A. Oversight1. The Interstate Commissionshall oversee the administration and operations of the interstate movementof juveniles subject to this compact in the compacting states and shall monitorsuch activities being administered in noncompacting states which may significantlyaffect compacting states.2.The courts and executive agencies in each compacting state shall enforce thiscompact and shall take all actions necessary and appropriate to effectuatethe compact's purposes and intent. The provisions of this compact and therules promulgated hereunder shall be received by all the judges, public officers,commissions, and departments of the state government as evidence of the authorizedstatute and administrative rules. All courts shall take judicial notice ofthe compact and the rules. In any judicial or administrative proceeding ina compacting state pertaining to the subject matter of this compact whichmay affect the powers, responsibilities or actions of the Interstate Commission,it shall be entitled to receive all service of process in any such proceeding,and shall have standing to intervene in the proceeding for all purposes.Section B. Dispute Resolution1. The compacting statesshall report to the Interstate Commission on all issues and activities necessaryfor the administration of the compact as well as issues and activities pertainingto compliance with the provisions of the compact and its bylaws and rules.2. The Interstate Commissionshall attempt, upon the request of a compacting state, to resolve any disputesor other issues which are subject to the compact and which may arise amongcompacting states and between compacting and noncompacting states. The commissionshall promulgate a rule providing for both mediation and binding dispute resolutionfor disputes among the compacting states.3. The Interstate Commission, in the reasonable exerciseof its discretion, shall enforce the provisions and rules of this compactusing any or all means set forth in Article XI of this compact.ARTICLE VIIIFINANCEA. The Interstate Commissionshall pay or provide for the payment of the reasonable expenses of its establishment,organization and ongoing activities.B. The Interstate Commission shall levy on and collectan annual assessment 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 assessment amountshall be allocated based upon a formula to be determined by the InterstateCommission, taking into consideration the population of each compacting stateand the volume of interstate movement of juveniles in each compacting stateand shall promulgate a rule binding upon all compacting states which governssaid assessment.C.The Interstate Commission shall not incur any obligations of any kind priorto securing the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.D. The Interstate Commission shall keep accurate accountsof all receipts and disbursements. The receipts and disbursements of the InterstateCommission shall be subject to the audit and accounting procedures establishedunder its bylaws. However, all receipts and disbursements of funds handledby the Interstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.ARTICLE IXTHE STATE COUNCILEach member state shallcreate a State Council for Interstate Juvenile Supervision. While each statemay determine the membership of its own state council, its membership mustinclude at least one representative from the legislative, judicial, and executivebranches of government, victims groups, and the compact administrator, deputycompact administrator or designee. Each compacting state retains the rightto determine the qualifications of the compact administrator or deputy compactadministrator. Each state council will advise and may exercise oversight andadvocacy concerning that state's participation in Interstate Commission activitiesand other duties as may be determined by that state, including but not limitedto, development of policy concerning operations and procedures of the compactwithin that state.ARTICLEXCOMPACTINGSTATES, EFFECTIVE DATE AND AMENDMENTA. Any state, the District of Columbia (or its designee),the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Mariana Islands as defined in Article II of this compactis eligible to become a compacting state.B. The compact shall become effective and bindingupon legislative enactment of the compact into law by no less than 35 of thestates. The initial effective date shall be the later of July 1, 2004, orupon enactment into law by the 35th jurisdiction. Thereafter it shall becomeeffective and binding as to any other compacting state upon enactment of thecompact into law by that state. The governors of nonmember states or theirdesignees shall be invited to participate in the activities of the InterstateCommission on a nonvoting basis prior to adoption of the compact by all statesand territories of the United States.C. The Interstate Commission may propose amendmentsto the compact for enactment by the compacting states. No amendment shallbecome effective and binding upon the Interstate Commission and the compactingstates unless and until it is enacted into law by unanimous consent of thecompacting states.ARTICLEXIWITHDRAWAL,DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENTSection A. Withdrawal1. Once effective, thecompact shall continue in force and remain binding upon each and every compactingstate; provided that a compacting state may withdraw from the compact by specificallyrepealing the statute which enacted the compact into law.2. The effective dateof withdrawal is the effective date of the repeal.3. The withdrawing state shall immediatelynotify the chairperson of the Interstate Commission in writing upon the introductionof legislation repealing this compact in the withdrawing state. The InterstateCommission shall notify the other compacting states of the withdrawing state'sintent to withdraw within sixty days of its receipt thereof.4. The withdrawing stateis responsible for all assessments, obligations and liabilities incurred throughthe effective date of withdrawal, including any obligations, the performanceof which extend beyond the effective date of withdrawal.5. Reinstatement followingwithdrawal of any compacting state shall occur upon the withdrawing statereenacting the compact or upon such later date as determined by the InterstateCommission.SectionB. Technical Assistance, Fines, Suspension, Termination and Default1. If the InterstateCommission determines that any compacting state has at any time defaultedin the performance of any of its obligations or responsibilities under thiscompact, or the bylaws or duly promulgated rules, the Interstate Commissionmay impose any or all of the following penalties:a. Remedial training and technicalassistance as directed by the Interstate Commission;b. Alternative Dispute Resolution;c. Fines, fees, and costsin such amounts as are deemed to be reasonable as fixed by the InterstateCommission; andd.Suspension or termination of membership in the compact, which shall be imposedonly after all other reasonable means of securing compliance under the bylawsand rules have been exhausted and the Interstate Commission has therefor determinedthat the offending state is in default. Immediate notice of suspension shallbe given by the Interstate Commission to the Governor, the Chief Justice orthe Chief Judicial Officer of the state, the majority and minority leadersof the defaulting state's legislature, and the state council. The groundsfor default include, but are not limited to, failure of a compacting stateto perform such obligations or responsibilities imposed upon it by this compact,the bylaws, or duly promulgated rules and any other grounds designated incommission bylaws and rules. The Interstate Commission shall immediately notifythe defaulting state in writing of the penalty imposed by the Interstate Commissionand of the default pending a cure of the default. The commission shall stipulatethe conditions and the time period within which the defaulting state mustcure its default. If the defaulting state fails to cure the default withinthe time period specified by the commission, the defaulting state shall beterminated from the compact upon an affirmative vote of a majority of thecompacting states and all rights, privileges and benefits conferred by thiscompact shall be terminated from the effective date of termination.2. Within sixty daysof the effective date of termination of a defaulting state, the Commissionshall notify the Governor, the Chief Justice or Chief Judicial Officer, theMajority and Minority Leaders of the defaulting state's legislature, and thestate council of such termination.3. The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date of terminationincluding any obligations, the performance of which extends beyond the effectivedate of termination.4.The Interstate Commission shall not bear any costs relating to the defaultingstate unless otherwise mutually agreed upon in writing between the InterstateCommission and the defaulting state.5. Reinstatement following termination of any compactingstate requires both a reenactment of the compact by the defaulting state andthe approval of the Interstate Commission pursuant to the rules.Section C. Judicial EnforcementThe Interstate Commissionmay, by majority vote of the members, initiate legal action in the UnitedStates District Court for the District of Columbia or, at the discretion ofthe Interstate Commission, in the federal district where the Interstate Commissionhas its offices, to enforce compliance with the provisions of the compact,its duly promulgated rules and bylaws, against any compacting state in default.In the event judicial enforcement is necessary the prevailing party shallbe awarded all costs of such litigation including reasonable attorney's fees.Section D. Dissolutionof Compact1.The compact dissolves effective upon the date of the withdrawal or defaultof the compacting state, which reduces membership in the compact to one compactingstate.2.Upon the dissolution of this compact, the compact becomes null and void andshall be of no further force or effect, and the business and affairs of theInterstate Commission shall be concluded and any surplus funds shall be distributedin accordance with the bylaws.ARTICLE XIISEVERABILITY AND CONSTRUCTIONA. The provisions of this compactshall be severable, and if any phrase, clause, sentence or provision is deemedunenforceable, the remaining provisions of the compact shall be enforceable.B. The provisions ofthis compact shall be liberally construed to effectuate its purposes.ARTICLE XIIIBINDING EFFECT OF COMPACTAND OTHER LAWSSectionA. Other Laws1.Nothing herein prevents the enforcement of any other law of a compacting statethat is not inconsistent with this compact.2. All compacting states' laws other than state Constitutionsand other interstate compacts conflicting with this compact are supersededto the extent of the conflict.Section B. Binding Effect of the Compact1. All lawful actionsof the Interstate Commission, including all rules and bylaws promulgated bythe Interstate Commission, are binding upon the compacting states.2. All agreements betweenthe Interstate Commission and the compacting states are binding in accordancewith their terms.3.Upon the request of a party to a conflict over meaning or interpretation ofInterstate Commission actions, and upon a majority vote of the compactingstates, the Interstate Commission may issue advisory opinions regarding suchmeaning or interpretation.4. In the event any provision of this compact exceedsthe constitutional 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 such obligations,duties, powers or jurisdiction are delegated by law in effect at the timethis compact becomes effective. SourceLaws 2009, LB237, § 1. Cross ReferencesInterstate Compact for Adult Offender Supervision, see section 29-2639.Interstate Compact for the Placement of Children, see section 43-1103.

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-1011

43-1011. Interstate Compact for Juveniles.ARTICLE IPURPOSEThe compacting statesto this Interstate Compact recognize that each state is responsible for theproper supervision or return of juveniles, delinquents and status offenderswho are on probation or parole and who have absconded, escaped or run awayfrom supervision and control and in so doing have endangered their own safetyand the safety of others. The compacting states also recognize that each stateis responsible for the safe return of juveniles who have run away from homeand in doing so have left their state of residence. The compacting statesalso recognize that Congress, by enacting the Crime Control Act, 4 U.S.C.Section 112 (1965), has authorized and encouraged compacts for cooperativeefforts and mutual assistance in the prevention of crime.It is the purpose ofthis compact, through means of joint and cooperative action among the compactingstates to: (A) ensure that the adjudicated juveniles and status offenderssubject to this compact are provided adequate supervision and services inthe receiving state as ordered by the adjudicating judge or parole authorityin the sending state; (B) ensure that the public safety interests of the citizens,including the victims of juvenile offenders, in both the sending and receivingstates are adequately protected; (C) return juveniles who have run away, abscondedor escaped from supervision or control or have been accused of an offenseto the 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 and obligationsof the compacting states; (G) establish procedures to manage the movementbetween states of juvenile offenders released to the community under the jurisdictionof courts, juvenile departments, or any other criminal or juvenile justiceagency which has jurisdiction over juvenile offenders; (H) insure immediatenotice to jurisdictions where defined offenders are authorized to travel orto relocate across state lines; (I) establish procedures to resolve pendingcharges (detainers) against juvenile offenders prior to transfer or releaseto the community under the terms of this compact; (J) establish a system ofuniform data collection on information pertaining to juveniles subject tothis compact that allows access by authorized juvenile justice and criminaljustice officials; and regular reporting of Compact activities to heads ofstate executive, judicial, and legislative branches and juvenile and criminaljustice administrators; (K) monitor compliance with rules governing interstatemovement of juveniles and initiate interventions to address and correct noncompliance;(L) coordinate training and education regarding the regulation of interstatemovement of juveniles for officials involved in such activity; and (M) coordinatethe implementation and operation of the compact with the Interstate Compactfor the Placement of Children, the Interstate Compact for Adult Offender Supervisionand other compacts affecting juveniles particularly in those cases where concurrentor overlapping 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 therefor are public business.Furthermore, the compacting states shall cooperate and observe their individualand collective duties and responsibilities for the prompt return and acceptanceof juveniles subject to the provisions of this compact. The provisions ofthis compact shall be reasonably and liberally construed to accomplish thepurposes and policies of the compact.ARTICLE IIDEFINITIONSAs used in this compact, unless the context clearlyrequires a different construction:A. "Bylaws" means: those bylaws established by theInterstate Commission for its governance, or for directing or controllingits actions or conduct.B."Compact Administrator" means: the individual in each compacting state appointedpursuant 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 Interstate Commissionand policies adopted by the State Council under this compact.C. "Compacting State"means: any state which has enacted the enabling legislation for this compact.D. "Commissioner" means:the voting representative of each compacting state appointed pursuant to ArticleIII of this compact.E."Court" means: any court having jurisdiction over delinquent, neglected, ordependent children.F."Deputy Compact Administrator" means: the individual, if any, in each compactingstate appointed to act on behalf of a Compact Administrator pursuant to theterms of this compact responsible for the administration and management ofthe state's supervision and transfer of juveniles subject to the terms ofthis compact, the rules adopted by the Interstate Commission and policiesadopted by the State Council under this compact.G. "Interstate Commission" means:the Interstate Commission for Juveniles created by Article III of this compact.H. "Juvenile" means:any person defined as a juvenile in any member state or by the rules of theInterstate Commission, including:(1) Accused Delinquent — a person charged with anoffense that, if committed by an adult, would be a criminal offense;(2) Adjudicated Delinquent— a person found to have committed an offense that, if committed by an adult,would be a criminal offense;(3) Accused Status Offender — a person charged withan offense that would not be a criminal offense if committed by an adult;(4) Adjudicated StatusOffender — a person found to have committed an offense that would not be acriminal offense if committed by an adult; and(5) Nonoffender — a person in needof supervision who has not been accused or adjudicated a status offender ordelinquent.I."Noncompacting state" means: any state which has not enacted the enablinglegislation for this compact.J. "Probation or Parole" means: any kind of supervisionor conditional release of juveniles authorized under the laws of the compactingstates.K."Rule" means: a written statement by the Interstate Commission promulgatedpursuant to Article VI of this compact that is of general applicability, implements,interprets or prescribes a policy or provision of the Compact, or an organizational,procedural, or practice requirement of the Commission, and has the force andeffect of statutory law in a compacting state, and includes the amendment,repeal, or suspension of an existing rule.L. "State" means: a state of the United States, theDistrict of Columbia (or its designee), the Commonwealth of Puerto Rico, theU.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.ARTICLE IIIINTERSTATE COMMISSIONFOR JUVENILESA.The compacting states hereby create the "Interstate Commission for Juveniles."The commission shall be a body corporate and joint agency of the compactingstates. The commission shall have all the responsibilities, powers and dutiesset forth herein, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting statesin accordance with the terms of this compact.B. The Interstate Commission shallconsist of commissioners appointed by the appropriate appointing authorityin each state pursuant to the rules and requirements of each compacting stateand in consultation with the State Council for Interstate Juvenile Supervisioncreated hereunder. The commissioner shall be the compact administrator, deputycompact administrator 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 voting representatives of eachstate, the Interstate Commission shall include individuals who are not commissioners,but who are members of interested organizations. Such noncommissioner membersmust include a member of the national organizations of governors, legislators,state chief justices, attorneys general, Interstate Compact for Adult OffenderSupervision, Interstate Compact for the Placement of Children, juvenile justiceand juvenile 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 such additional exofficio (nonvoting) members, including members of other national organizations,in such numbers as shall be determined by the commission.D. Each compacting staterepresented at any meeting of the commission is entitled to one vote. A majorityof the compacting states shall constitute a quorum for the transaction ofbusiness, unless a larger quorum is required by the bylaws of the InterstateCommission.E.The commission shall meet at least once each calendar year. The chairpersonmay call additional meetings and, upon the request of a simple majority ofthe compacting states, shall call additional meetings. Public notice shallbe given of all meetings and meetings shall be open to the public.F. The Interstate Commissionshall establish an executive committee, which shall include commission officers,members, and others as determined by the bylaws. The executive committee shallhave the power to act on behalf of the Interstate Commission during periodswhen the Interstate Commission is not in session, with the exception of rulemakingand/or amendment to the compact. The executive committee shall oversee theday-to-day activities of the administration of the compact managed by an executivedirector and Interstate Commission staff; administers enforcement and compliancewith the provisions of the compact, its bylaws and rules, and performs suchother duties as directed by the Interstate Commission or set forth in thebylaws.G.Each member of the Interstate Commission shall have the right and power tocast a vote to which that compacting state is entitled and to participatein the business and affairs of the Interstate Commission. A member shall votein person and shall not delegate a vote to another compacting state. However,a commissioner, in consultation with the state council, shall appoint anotherauthorized representative, in the absence of the commissioner from that state,to cast a vote on behalf of the compacting state at a specified meeting. Thebylaws may provide for members' participation in meetings by telephone orother means of telecommunication or electronic communication.H. The Interstate Commission'sbylaws shall establish conditions and procedures under which the InterstateCommission shall make its information and official records available to thepublic for inspection or copying. The Interstate Commission may exempt fromdisclosure any information or official records to the extent they would adverselyaffect personal privacy rights or proprietary interests.I. Public notice shallbe given of all meetings and all meetings shall be open to the public, exceptas set forth in the Rules or as otherwise provided in the Compact. The InterstateCommission and any of its committees may close a meeting to the public whereit determines by two-thirds vote that an open meeting would be likely to:1. Relate solely to theInterstate Commission's internal personnel practices and procedures;2. Disclose matters specificallyexempted from disclosure by statute;3. Disclose trade secrets or commercial or financialinformation which is privileged or confidential;4. Involve accusing any person ofa crime, or formally censuring any person;5. Disclose information of a personal nature wheredisclosure would constitute a clearly unwarranted invasion of personal privacy;6. Disclose investigativerecords compiled for law enforcement purposes;7. Disclose information containedin or related to examination, operating or condition reports prepared by,or on behalf of or for the use of, the Interstate Commission with respectto a regulated person or entity for the purpose of regulation or supervisionof such person or entity;8.Disclose information, the premature disclosure of which would significantlyendanger the stability of a regulated person or entity; or9. Specifically relateto the Interstate Commission's issuance of a subpoena, or its participationin a civil action or other legal proceeding.J. For every meeting closed pursuantto this provision, the Interstate Commission's legal counsel shall publiclycertify that, in the legal counsel's opinion, the meeting may be closed tothe public, and shall reference each relevant exemptive provision. The InterstateCommission shall 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 therefor, including a description of eachof the views expressed on any item and the record of any roll call vote (reflectedin the vote of each member on the question). All documents considered in connectionwith any action shall be identified in such minutes.K. The Interstate Commission shallcollect standardized data concerning the interstate movement of juvenilesas directed through its rules which shall specify the data to be collected,the means of collection and data exchange and reporting requirements. Suchmethods of data collection, exchange and reporting shall insofar as is reasonablypossible conform to up-to-date technology and coordinate its information functionswith the appropriate repository of records.ARTICLE IVPOWERS AND DUTIES OF THE INTERSTATE COMMISSIONThe commission shallhave the following powers and duties:1. To provide for dispute resolution among compactingstates.2.To promulgate rules to effect the purposes and obligations as enumerated inthis compact, which shall have the force and effect of statutory law and shallbe binding in the compacting states to the extent and in the manner providedin this compact.3.To oversee, supervise and coordinate the interstate movement of juvenilessubject to the terms of this compact and any bylaws adopted and rules promulgatedby the Interstate Commission.4. To enforce compliance with the compact provisions,the rules promulgated by the Interstate Commission, and the bylaws, usingall necessary and proper means, including but not limited to the use of judicialprocess.5.To establish and maintain offices which shall be located within one or moreof the compacting states.6.To purchase and maintain insurance and bonds.7. To borrow, accept, hire or contractfor services of personnel.8. To establish and appoint committees and hire staffwhich it deems necessary for the carrying out of its functions including,but not limited to, an executive committee as required by Article III whichshall have the power to act on behalf of the Interstate Commission in carryingout its powers and duties hereunder.9. To elect or appoint such officers, attorneys, employees,agents, or consultants, and to fix their compensation, define their dutiesand determine their qualifications; and to establish the Interstate Commission'spersonnel policies and programs relating to, inter alia, conflicts of interest,rates of compensation, and qualifications of personnel.10. To accept any andall donations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose of it.11. To lease, purchase, accept contributions or donationsof, or otherwise to own, hold, improve or use any property, real, personal,or mixed.12.To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of any property, real, personal or mixed.13. To establish a budget and makeexpenditures and levy dues as provided in Article VIII of this compact.14. To sue and be sued.15. To adopt a seal andbylaws governing the management and operation of the Interstate Commission.16. To perform such functionsas may be necessary or appropriate to achieve the purposes of this compact.17. To report annuallyto the legislatures, governors, judiciary, and state councils of the compactingstates concerning the activities of the Interstate Commission during the precedingyear. Such reports shall also include any recommendations that may have beenadopted by the Interstate Commission.18. To coordinate education, training and public awarenessregarding the interstate movement of juveniles for officials involved in suchactivity.19.To establish uniform standards of the reporting, collecting and exchangingof data.20.The Interstate Commission shall maintain its corporate books and records inaccordance with the bylaws.ARTICLE VORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSIONSection A. Bylaws1. The Interstate Commissionshall, by a majority of the members present and voting, within twelve monthsafter the first Interstate Commission meeting, adopt bylaws to govern itsconduct as may be necessary or appropriate to carry out the purposes of thecompact, including, but not limited to:a. Establishing the fiscal year of the InterstateCommission;b.Establishing an executive committee and such other committees as may be necessary;c. Provide for the establishmentof committees governing any general or specific delegation of any authorityor function of the Interstate Commission;d. Providing reasonable procedures for calling andconducting meetings of the Interstate Commission, and ensuring reasonablenotice of each such meeting;e. Establishing the titles and responsibilities ofthe officers of the Interstate Commission;f. Providing a mechanism for concluding the operationsof the Interstate Commission and the return of any surplus funds that mayexist upon the termination of the Compact after the payment and/or reservingof all of its debts and obligations;g. Providing "startup" rules for initial administrationof the compact; andh.Establishing standards and procedures for compliance and technical assistancein carrying out the compact.Section B. Officers and Staff1. The Interstate Commission shall,by a majority of the members, elect annually from among its members a chairpersonand a vice-chairperson, each of whom shall have such authority and dutiesas may be specified in the bylaws. The chairperson or, in the chairperson'sabsence or disability, the vice-chairperson shall preside at all meetingsof the Interstate 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 be reimbursedfor any ordinary and necessary costs and expenses incurred by them in theperformance of their duties and responsibilities as officers of the InterstateCommission.2.The Interstate Commission shall, through its executive committee, appointor retain an executive director for such period, upon such terms and conditionsand for such compensation as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,but shall not be a Member and shall hire and supervise such other staff asmay be authorized by the Interstate Commission.Section C. Qualified Immunity, Defenseand Indemnification1.The Commission's executive director and employees shall be immune from suitand liability, either personally or in their official capacity, for any claimfor damage to or loss of property or personal injury or other civil liabilitycaused or arising out of or relating to any actual or alleged act, error,or omission that occurred, or that such person had a reasonable basis forbelieving occurred within the scope of Commission employment, duties, or responsibilities;provided, that any such person shall not be protected from suit or liabilityfor any damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.2. The liability of any commissioner, or the employeeor agent of a commissioner, acting within the scope of such person's employmentor duties for acts, errors, or omissions occurring within such person's statemay not exceed the limits of liability set forth under the Constitution andlaws of that state for state officials, employees, and agents. Nothing inthis subsection shall be construed to protect any such person from suit orliability for any damage, loss, injury, or liability caused by the intentionalor willful and wanton misconduct of any such person.3. The Interstate Commission shalldefend the executive director or the employees or representatives of the InterstateCommission and, subject to the approval of the Attorney General of the staterepresented by any commissioner of a compacting state, shall defend such commissioneror the commissioner's representatives or employees in any civil action seekingto impose liability arising out of any actual or alleged act, error or omissionthat occurred within the scope of Interstate Commission employment, dutiesor responsibilities, or that the defendant had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the partof such person.4.The Interstate Commission shall indemnify and hold the commissioner of a compactingstate, or the commissioner's representatives or employees, or the InterstateCommission's representatives or employees, harmless in the amount of any settlementor judgment obtained against such persons arising out of any actual or allegedact, error, or omission that occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, or that such persons had a reasonablebasis for believing occurred within the scope of Interstate Commission employment,duties, or responsibilities, provided that the actual or alleged act, error,or omission did not result from intentional or willful and wanton misconducton the part of such persons.ARTICLE VIRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSIONA. The Interstate Commissionshall promulgate and publish rules in order to effectively and efficientlyachieve the purposes of the compact.B. Rulemaking shall occur pursuant to the criteriaset forth in this article and the bylaws and rules adopted pursuant thereto.Such rulemaking shall substantially conform to the principles of the "ModelState Administrative 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 date specified,as published with the final version of the rule as approved by the Commission.C. When promulgatinga rule, the Interstate Commission shall, at a minimum:1. publish the proposedrule's entire text stating the reason(s) for that proposed rule;2. allow and invite anyand all persons to submit written data, facts, opinions and arguments, whichinformation shall be added to the record, and be made publicly available;3. provide an opportunityfor an informal hearing if petitioned by ten (10) or more persons; and4. promulgate a finalrule and its effective date, if appropriate, based on input from state orlocal officials, or interested parties.D. Allow, not later than sixty days after a rule ispromulgated, any interested person to file a petition in the United StatesDistrict Court for the District of Columbia or in the Federal District Courtwhere the Interstate Commission's principal office is located for judicialreview of such rule. If the court finds that the Interstate Commission's actionis not supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of this subsection,evidence is substantial if it would be considered substantial evidence underthe Model State Administrative Procedures Act.E. If a majority of the legislaturesof the compacting states rejects a rule, those states may, by enactment ofa statute or resolution in the same manner used to adopt the compact, causethat such rule shall have no further force and effect in any compacting state.F. The existing rulesgoverning the operation of the Interstate Compact on Juveniles supercededby this compact shall be null and void twelve (12) months after the firstmeeting of the Interstate Commission created hereunder.G. Upon determinationby the Interstate Commission that a state of emergency exists, it may promulgatean emergency rule which shall become effective immediately upon adoption,provided that the usual rulemaking procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, but nolater than ninety (90) days after the effective date of the emergency rule.ARTICLE VIIOVERSIGHT, ENFORCEMENTAND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSIONSection A. Oversight1. The Interstate Commissionshall oversee the administration and operations of the interstate movementof juveniles subject to this compact in the compacting states and shall monitorsuch activities being administered in noncompacting states which may significantlyaffect compacting states.2.The courts and executive agencies in each compacting state shall enforce thiscompact and shall take all actions necessary and appropriate to effectuatethe compact's purposes and intent. The provisions of this compact and therules promulgated hereunder shall be received by all the judges, public officers,commissions, and departments of the state government as evidence of the authorizedstatute and administrative rules. All courts shall take judicial notice ofthe compact and the rules. In any judicial or administrative proceeding ina compacting state pertaining to the subject matter of this compact whichmay affect the powers, responsibilities or actions of the Interstate Commission,it shall be entitled to receive all service of process in any such proceeding,and shall have standing to intervene in the proceeding for all purposes.Section B. Dispute Resolution1. The compacting statesshall report to the Interstate Commission on all issues and activities necessaryfor the administration of the compact as well as issues and activities pertainingto compliance with the provisions of the compact and its bylaws and rules.2. The Interstate Commissionshall attempt, upon the request of a compacting state, to resolve any disputesor other issues which are subject to the compact and which may arise amongcompacting states and between compacting and noncompacting states. The commissionshall promulgate a rule providing for both mediation and binding dispute resolutionfor disputes among the compacting states.3. The Interstate Commission, in the reasonable exerciseof its discretion, shall enforce the provisions and rules of this compactusing any or all means set forth in Article XI of this compact.ARTICLE VIIIFINANCEA. The Interstate Commissionshall pay or provide for the payment of the reasonable expenses of its establishment,organization and ongoing activities.B. The Interstate Commission shall levy on and collectan annual assessment 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 assessment amountshall be allocated based upon a formula to be determined by the InterstateCommission, taking into consideration the population of each compacting stateand the volume of interstate movement of juveniles in each compacting stateand shall promulgate a rule binding upon all compacting states which governssaid assessment.C.The Interstate Commission shall not incur any obligations of any kind priorto securing the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.D. The Interstate Commission shall keep accurate accountsof all receipts and disbursements. The receipts and disbursements of the InterstateCommission shall be subject to the audit and accounting procedures establishedunder its bylaws. However, all receipts and disbursements of funds handledby the Interstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.ARTICLE IXTHE STATE COUNCILEach member state shallcreate a State Council for Interstate Juvenile Supervision. While each statemay determine the membership of its own state council, its membership mustinclude at least one representative from the legislative, judicial, and executivebranches of government, victims groups, and the compact administrator, deputycompact administrator or designee. Each compacting state retains the rightto determine the qualifications of the compact administrator or deputy compactadministrator. Each state council will advise and may exercise oversight andadvocacy concerning that state's participation in Interstate Commission activitiesand other duties as may be determined by that state, including but not limitedto, development of policy concerning operations and procedures of the compactwithin that state.ARTICLEXCOMPACTINGSTATES, EFFECTIVE DATE AND AMENDMENTA. Any state, the District of Columbia (or its designee),the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Mariana Islands as defined in Article II of this compactis eligible to become a compacting state.B. The compact shall become effective and bindingupon legislative enactment of the compact into law by no less than 35 of thestates. The initial effective date shall be the later of July 1, 2004, orupon enactment into law by the 35th jurisdiction. Thereafter it shall becomeeffective and binding as to any other compacting state upon enactment of thecompact into law by that state. The governors of nonmember states or theirdesignees shall be invited to participate in the activities of the InterstateCommission on a nonvoting basis prior to adoption of the compact by all statesand territories of the United States.C. The Interstate Commission may propose amendmentsto the compact for enactment by the compacting states. No amendment shallbecome effective and binding upon the Interstate Commission and the compactingstates unless and until it is enacted into law by unanimous consent of thecompacting states.ARTICLEXIWITHDRAWAL,DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENTSection A. Withdrawal1. Once effective, thecompact shall continue in force and remain binding upon each and every compactingstate; provided that a compacting state may withdraw from the compact by specificallyrepealing the statute which enacted the compact into law.2. The effective dateof withdrawal is the effective date of the repeal.3. The withdrawing state shall immediatelynotify the chairperson of the Interstate Commission in writing upon the introductionof legislation repealing this compact in the withdrawing state. The InterstateCommission shall notify the other compacting states of the withdrawing state'sintent to withdraw within sixty days of its receipt thereof.4. The withdrawing stateis responsible for all assessments, obligations and liabilities incurred throughthe effective date of withdrawal, including any obligations, the performanceof which extend beyond the effective date of withdrawal.5. Reinstatement followingwithdrawal of any compacting state shall occur upon the withdrawing statereenacting the compact or upon such later date as determined by the InterstateCommission.SectionB. Technical Assistance, Fines, Suspension, Termination and Default1. If the InterstateCommission determines that any compacting state has at any time defaultedin the performance of any of its obligations or responsibilities under thiscompact, or the bylaws or duly promulgated rules, the Interstate Commissionmay impose any or all of the following penalties:a. Remedial training and technicalassistance as directed by the Interstate Commission;b. Alternative Dispute Resolution;c. Fines, fees, and costsin such amounts as are deemed to be reasonable as fixed by the InterstateCommission; andd.Suspension or termination of membership in the compact, which shall be imposedonly after all other reasonable means of securing compliance under the bylawsand rules have been exhausted and the Interstate Commission has therefor determinedthat the offending state is in default. Immediate notice of suspension shallbe given by the Interstate Commission to the Governor, the Chief Justice orthe Chief Judicial Officer of the state, the majority and minority leadersof the defaulting state's legislature, and the state council. The groundsfor default include, but are not limited to, failure of a compacting stateto perform such obligations or responsibilities imposed upon it by this compact,the bylaws, or duly promulgated rules and any other grounds designated incommission bylaws and rules. The Interstate Commission shall immediately notifythe defaulting state in writing of the penalty imposed by the Interstate Commissionand of the default pending a cure of the default. The commission shall stipulatethe conditions and the time period within which the defaulting state mustcure its default. If the defaulting state fails to cure the default withinthe time period specified by the commission, the defaulting state shall beterminated from the compact upon an affirmative vote of a majority of thecompacting states and all rights, privileges and benefits conferred by thiscompact shall be terminated from the effective date of termination.2. Within sixty daysof the effective date of termination of a defaulting state, the Commissionshall notify the Governor, the Chief Justice or Chief Judicial Officer, theMajority and Minority Leaders of the defaulting state's legislature, and thestate council of such termination.3. The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date of terminationincluding any obligations, the performance of which extends beyond the effectivedate of termination.4.The Interstate Commission shall not bear any costs relating to the defaultingstate unless otherwise mutually agreed upon in writing between the InterstateCommission and the defaulting state.5. Reinstatement following termination of any compactingstate requires both a reenactment of the compact by the defaulting state andthe approval of the Interstate Commission pursuant to the rules.Section C. Judicial EnforcementThe Interstate Commissionmay, by majority vote of the members, initiate legal action in the UnitedStates District Court for the District of Columbia or, at the discretion ofthe Interstate Commission, in the federal district where the Interstate Commissionhas its offices, to enforce compliance with the provisions of the compact,its duly promulgated rules and bylaws, against any compacting state in default.In the event judicial enforcement is necessary the prevailing party shallbe awarded all costs of such litigation including reasonable attorney's fees.Section D. Dissolutionof Compact1.The compact dissolves effective upon the date of the withdrawal or defaultof the compacting state, which reduces membership in the compact to one compactingstate.2.Upon the dissolution of this compact, the compact becomes null and void andshall be of no further force or effect, and the business and affairs of theInterstate Commission shall be concluded and any surplus funds shall be distributedin accordance with the bylaws.ARTICLE XIISEVERABILITY AND CONSTRUCTIONA. The provisions of this compactshall be severable, and if any phrase, clause, sentence or provision is deemedunenforceable, the remaining provisions of the compact shall be enforceable.B. The provisions ofthis compact shall be liberally construed to effectuate its purposes.ARTICLE XIIIBINDING EFFECT OF COMPACTAND OTHER LAWSSectionA. Other Laws1.Nothing herein prevents the enforcement of any other law of a compacting statethat is not inconsistent with this compact.2. All compacting states' laws other than state Constitutionsand other interstate compacts conflicting with this compact are supersededto the extent of the conflict.Section B. Binding Effect of the Compact1. All lawful actionsof the Interstate Commission, including all rules and bylaws promulgated bythe Interstate Commission, are binding upon the compacting states.2. All agreements betweenthe Interstate Commission and the compacting states are binding in accordancewith their terms.3.Upon the request of a party to a conflict over meaning or interpretation ofInterstate Commission actions, and upon a majority vote of the compactingstates, the Interstate Commission may issue advisory opinions regarding suchmeaning or interpretation.4. In the event any provision of this compact exceedsthe constitutional 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 such obligations,duties, powers or jurisdiction are delegated by law in effect at the timethis compact becomes effective. SourceLaws 2009, LB237, § 1. Cross ReferencesInterstate Compact for Adult Offender Supervision, see section 29-2639.Interstate Compact for the Placement of Children, see section 43-1103.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-1011

43-1011. Interstate Compact for Juveniles.ARTICLE IPURPOSEThe compacting statesto this Interstate Compact recognize that each state is responsible for theproper supervision or return of juveniles, delinquents and status offenderswho are on probation or parole and who have absconded, escaped or run awayfrom supervision and control and in so doing have endangered their own safetyand the safety of others. The compacting states also recognize that each stateis responsible for the safe return of juveniles who have run away from homeand in doing so have left their state of residence. The compacting statesalso recognize that Congress, by enacting the Crime Control Act, 4 U.S.C.Section 112 (1965), has authorized and encouraged compacts for cooperativeefforts and mutual assistance in the prevention of crime.It is the purpose ofthis compact, through means of joint and cooperative action among the compactingstates to: (A) ensure that the adjudicated juveniles and status offenderssubject to this compact are provided adequate supervision and services inthe receiving state as ordered by the adjudicating judge or parole authorityin the sending state; (B) ensure that the public safety interests of the citizens,including the victims of juvenile offenders, in both the sending and receivingstates are adequately protected; (C) return juveniles who have run away, abscondedor escaped from supervision or control or have been accused of an offenseto the 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 and obligationsof the compacting states; (G) establish procedures to manage the movementbetween states of juvenile offenders released to the community under the jurisdictionof courts, juvenile departments, or any other criminal or juvenile justiceagency which has jurisdiction over juvenile offenders; (H) insure immediatenotice to jurisdictions where defined offenders are authorized to travel orto relocate across state lines; (I) establish procedures to resolve pendingcharges (detainers) against juvenile offenders prior to transfer or releaseto the community under the terms of this compact; (J) establish a system ofuniform data collection on information pertaining to juveniles subject tothis compact that allows access by authorized juvenile justice and criminaljustice officials; and regular reporting of Compact activities to heads ofstate executive, judicial, and legislative branches and juvenile and criminaljustice administrators; (K) monitor compliance with rules governing interstatemovement of juveniles and initiate interventions to address and correct noncompliance;(L) coordinate training and education regarding the regulation of interstatemovement of juveniles for officials involved in such activity; and (M) coordinatethe implementation and operation of the compact with the Interstate Compactfor the Placement of Children, the Interstate Compact for Adult Offender Supervisionand other compacts affecting juveniles particularly in those cases where concurrentor overlapping 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 therefor are public business.Furthermore, the compacting states shall cooperate and observe their individualand collective duties and responsibilities for the prompt return and acceptanceof juveniles subject to the provisions of this compact. The provisions ofthis compact shall be reasonably and liberally construed to accomplish thepurposes and policies of the compact.ARTICLE IIDEFINITIONSAs used in this compact, unless the context clearlyrequires a different construction:A. "Bylaws" means: those bylaws established by theInterstate Commission for its governance, or for directing or controllingits actions or conduct.B."Compact Administrator" means: the individual in each compacting state appointedpursuant 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 Interstate Commissionand policies adopted by the State Council under this compact.C. "Compacting State"means: any state which has enacted the enabling legislation for this compact.D. "Commissioner" means:the voting representative of each compacting state appointed pursuant to ArticleIII of this compact.E."Court" means: any court having jurisdiction over delinquent, neglected, ordependent children.F."Deputy Compact Administrator" means: the individual, if any, in each compactingstate appointed to act on behalf of a Compact Administrator pursuant to theterms of this compact responsible for the administration and management ofthe state's supervision and transfer of juveniles subject to the terms ofthis compact, the rules adopted by the Interstate Commission and policiesadopted by the State Council under this compact.G. "Interstate Commission" means:the Interstate Commission for Juveniles created by Article III of this compact.H. "Juvenile" means:any person defined as a juvenile in any member state or by the rules of theInterstate Commission, including:(1) Accused Delinquent — a person charged with anoffense that, if committed by an adult, would be a criminal offense;(2) Adjudicated Delinquent— a person found to have committed an offense that, if committed by an adult,would be a criminal offense;(3) Accused Status Offender — a person charged withan offense that would not be a criminal offense if committed by an adult;(4) Adjudicated StatusOffender — a person found to have committed an offense that would not be acriminal offense if committed by an adult; and(5) Nonoffender — a person in needof supervision who has not been accused or adjudicated a status offender ordelinquent.I."Noncompacting state" means: any state which has not enacted the enablinglegislation for this compact.J. "Probation or Parole" means: any kind of supervisionor conditional release of juveniles authorized under the laws of the compactingstates.K."Rule" means: a written statement by the Interstate Commission promulgatedpursuant to Article VI of this compact that is of general applicability, implements,interprets or prescribes a policy or provision of the Compact, or an organizational,procedural, or practice requirement of the Commission, and has the force andeffect of statutory law in a compacting state, and includes the amendment,repeal, or suspension of an existing rule.L. "State" means: a state of the United States, theDistrict of Columbia (or its designee), the Commonwealth of Puerto Rico, theU.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.ARTICLE IIIINTERSTATE COMMISSIONFOR JUVENILESA.The compacting states hereby create the "Interstate Commission for Juveniles."The commission shall be a body corporate and joint agency of the compactingstates. The commission shall have all the responsibilities, powers and dutiesset forth herein, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting statesin accordance with the terms of this compact.B. The Interstate Commission shallconsist of commissioners appointed by the appropriate appointing authorityin each state pursuant to the rules and requirements of each compacting stateand in consultation with the State Council for Interstate Juvenile Supervisioncreated hereunder. The commissioner shall be the compact administrator, deputycompact administrator 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 voting representatives of eachstate, the Interstate Commission shall include individuals who are not commissioners,but who are members of interested organizations. Such noncommissioner membersmust include a member of the national organizations of governors, legislators,state chief justices, attorneys general, Interstate Compact for Adult OffenderSupervision, Interstate Compact for the Placement of Children, juvenile justiceand juvenile 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 such additional exofficio (nonvoting) members, including members of other national organizations,in such numbers as shall be determined by the commission.D. Each compacting staterepresented at any meeting of the commission is entitled to one vote. A majorityof the compacting states shall constitute a quorum for the transaction ofbusiness, unless a larger quorum is required by the bylaws of the InterstateCommission.E.The commission shall meet at least once each calendar year. The chairpersonmay call additional meetings and, upon the request of a simple majority ofthe compacting states, shall call additional meetings. Public notice shallbe given of all meetings and meetings shall be open to the public.F. The Interstate Commissionshall establish an executive committee, which shall include commission officers,members, and others as determined by the bylaws. The executive committee shallhave the power to act on behalf of the Interstate Commission during periodswhen the Interstate Commission is not in session, with the exception of rulemakingand/or amendment to the compact. The executive committee shall oversee theday-to-day activities of the administration of the compact managed by an executivedirector and Interstate Commission staff; administers enforcement and compliancewith the provisions of the compact, its bylaws and rules, and performs suchother duties as directed by the Interstate Commission or set forth in thebylaws.G.Each member of the Interstate Commission shall have the right and power tocast a vote to which that compacting state is entitled and to participatein the business and affairs of the Interstate Commission. A member shall votein person and shall not delegate a vote to another compacting state. However,a commissioner, in consultation with the state council, shall appoint anotherauthorized representative, in the absence of the commissioner from that state,to cast a vote on behalf of the compacting state at a specified meeting. Thebylaws may provide for members' participation in meetings by telephone orother means of telecommunication or electronic communication.H. The Interstate Commission'sbylaws shall establish conditions and procedures under which the InterstateCommission shall make its information and official records available to thepublic for inspection or copying. The Interstate Commission may exempt fromdisclosure any information or official records to the extent they would adverselyaffect personal privacy rights or proprietary interests.I. Public notice shallbe given of all meetings and all meetings shall be open to the public, exceptas set forth in the Rules or as otherwise provided in the Compact. The InterstateCommission and any of its committees may close a meeting to the public whereit determines by two-thirds vote that an open meeting would be likely to:1. Relate solely to theInterstate Commission's internal personnel practices and procedures;2. Disclose matters specificallyexempted from disclosure by statute;3. Disclose trade secrets or commercial or financialinformation which is privileged or confidential;4. Involve accusing any person ofa crime, or formally censuring any person;5. Disclose information of a personal nature wheredisclosure would constitute a clearly unwarranted invasion of personal privacy;6. Disclose investigativerecords compiled for law enforcement purposes;7. Disclose information containedin or related to examination, operating or condition reports prepared by,or on behalf of or for the use of, the Interstate Commission with respectto a regulated person or entity for the purpose of regulation or supervisionof such person or entity;8.Disclose information, the premature disclosure of which would significantlyendanger the stability of a regulated person or entity; or9. Specifically relateto the Interstate Commission's issuance of a subpoena, or its participationin a civil action or other legal proceeding.J. For every meeting closed pursuantto this provision, the Interstate Commission's legal counsel shall publiclycertify that, in the legal counsel's opinion, the meeting may be closed tothe public, and shall reference each relevant exemptive provision. The InterstateCommission shall 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 therefor, including a description of eachof the views expressed on any item and the record of any roll call vote (reflectedin the vote of each member on the question). All documents considered in connectionwith any action shall be identified in such minutes.K. The Interstate Commission shallcollect standardized data concerning the interstate movement of juvenilesas directed through its rules which shall specify the data to be collected,the means of collection and data exchange and reporting requirements. Suchmethods of data collection, exchange and reporting shall insofar as is reasonablypossible conform to up-to-date technology and coordinate its information functionswith the appropriate repository of records.ARTICLE IVPOWERS AND DUTIES OF THE INTERSTATE COMMISSIONThe commission shallhave the following powers and duties:1. To provide for dispute resolution among compactingstates.2.To promulgate rules to effect the purposes and obligations as enumerated inthis compact, which shall have the force and effect of statutory law and shallbe binding in the compacting states to the extent and in the manner providedin this compact.3.To oversee, supervise and coordinate the interstate movement of juvenilessubject to the terms of this compact and any bylaws adopted and rules promulgatedby the Interstate Commission.4. To enforce compliance with the compact provisions,the rules promulgated by the Interstate Commission, and the bylaws, usingall necessary and proper means, including but not limited to the use of judicialprocess.5.To establish and maintain offices which shall be located within one or moreof the compacting states.6.To purchase and maintain insurance and bonds.7. To borrow, accept, hire or contractfor services of personnel.8. To establish and appoint committees and hire staffwhich it deems necessary for the carrying out of its functions including,but not limited to, an executive committee as required by Article III whichshall have the power to act on behalf of the Interstate Commission in carryingout its powers and duties hereunder.9. To elect or appoint such officers, attorneys, employees,agents, or consultants, and to fix their compensation, define their dutiesand determine their qualifications; and to establish the Interstate Commission'spersonnel policies and programs relating to, inter alia, conflicts of interest,rates of compensation, and qualifications of personnel.10. To accept any andall donations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose of it.11. To lease, purchase, accept contributions or donationsof, or otherwise to own, hold, improve or use any property, real, personal,or mixed.12.To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of any property, real, personal or mixed.13. To establish a budget and makeexpenditures and levy dues as provided in Article VIII of this compact.14. To sue and be sued.15. To adopt a seal andbylaws governing the management and operation of the Interstate Commission.16. To perform such functionsas may be necessary or appropriate to achieve the purposes of this compact.17. To report annuallyto the legislatures, governors, judiciary, and state councils of the compactingstates concerning the activities of the Interstate Commission during the precedingyear. Such reports shall also include any recommendations that may have beenadopted by the Interstate Commission.18. To coordinate education, training and public awarenessregarding the interstate movement of juveniles for officials involved in suchactivity.19.To establish uniform standards of the reporting, collecting and exchangingof data.20.The Interstate Commission shall maintain its corporate books and records inaccordance with the bylaws.ARTICLE VORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSIONSection A. Bylaws1. The Interstate Commissionshall, by a majority of the members present and voting, within twelve monthsafter the first Interstate Commission meeting, adopt bylaws to govern itsconduct as may be necessary or appropriate to carry out the purposes of thecompact, including, but not limited to:a. Establishing the fiscal year of the InterstateCommission;b.Establishing an executive committee and such other committees as may be necessary;c. Provide for the establishmentof committees governing any general or specific delegation of any authorityor function of the Interstate Commission;d. Providing reasonable procedures for calling andconducting meetings of the Interstate Commission, and ensuring reasonablenotice of each such meeting;e. Establishing the titles and responsibilities ofthe officers of the Interstate Commission;f. Providing a mechanism for concluding the operationsof the Interstate Commission and the return of any surplus funds that mayexist upon the termination of the Compact after the payment and/or reservingof all of its debts and obligations;g. Providing "startup" rules for initial administrationof the compact; andh.Establishing standards and procedures for compliance and technical assistancein carrying out the compact.Section B. Officers and Staff1. The Interstate Commission shall,by a majority of the members, elect annually from among its members a chairpersonand a vice-chairperson, each of whom shall have such authority and dutiesas may be specified in the bylaws. The chairperson or, in the chairperson'sabsence or disability, the vice-chairperson shall preside at all meetingsof the Interstate 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 be reimbursedfor any ordinary and necessary costs and expenses incurred by them in theperformance of their duties and responsibilities as officers of the InterstateCommission.2.The Interstate Commission shall, through its executive committee, appointor retain an executive director for such period, upon such terms and conditionsand for such compensation as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,but shall not be a Member and shall hire and supervise such other staff asmay be authorized by the Interstate Commission.Section C. Qualified Immunity, Defenseand Indemnification1.The Commission's executive director and employees shall be immune from suitand liability, either personally or in their official capacity, for any claimfor damage to or loss of property or personal injury or other civil liabilitycaused or arising out of or relating to any actual or alleged act, error,or omission that occurred, or that such person had a reasonable basis forbelieving occurred within the scope of Commission employment, duties, or responsibilities;provided, that any such person shall not be protected from suit or liabilityfor any damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.2. The liability of any commissioner, or the employeeor agent of a commissioner, acting within the scope of such person's employmentor duties for acts, errors, or omissions occurring within such person's statemay not exceed the limits of liability set forth under the Constitution andlaws of that state for state officials, employees, and agents. Nothing inthis subsection shall be construed to protect any such person from suit orliability for any damage, loss, injury, or liability caused by the intentionalor willful and wanton misconduct of any such person.3. The Interstate Commission shalldefend the executive director or the employees or representatives of the InterstateCommission and, subject to the approval of the Attorney General of the staterepresented by any commissioner of a compacting state, shall defend such commissioneror the commissioner's representatives or employees in any civil action seekingto impose liability arising out of any actual or alleged act, error or omissionthat occurred within the scope of Interstate Commission employment, dutiesor responsibilities, or that the defendant had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the partof such person.4.The Interstate Commission shall indemnify and hold the commissioner of a compactingstate, or the commissioner's representatives or employees, or the InterstateCommission's representatives or employees, harmless in the amount of any settlementor judgment obtained against such persons arising out of any actual or allegedact, error, or omission that occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, or that such persons had a reasonablebasis for believing occurred within the scope of Interstate Commission employment,duties, or responsibilities, provided that the actual or alleged act, error,or omission did not result from intentional or willful and wanton misconducton the part of such persons.ARTICLE VIRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSIONA. The Interstate Commissionshall promulgate and publish rules in order to effectively and efficientlyachieve the purposes of the compact.B. Rulemaking shall occur pursuant to the criteriaset forth in this article and the bylaws and rules adopted pursuant thereto.Such rulemaking shall substantially conform to the principles of the "ModelState Administrative 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 date specified,as published with the final version of the rule as approved by the Commission.C. When promulgatinga rule, the Interstate Commission shall, at a minimum:1. publish the proposedrule's entire text stating the reason(s) for that proposed rule;2. allow and invite anyand all persons to submit written data, facts, opinions and arguments, whichinformation shall be added to the record, and be made publicly available;3. provide an opportunityfor an informal hearing if petitioned by ten (10) or more persons; and4. promulgate a finalrule and its effective date, if appropriate, based on input from state orlocal officials, or interested parties.D. Allow, not later than sixty days after a rule ispromulgated, any interested person to file a petition in the United StatesDistrict Court for the District of Columbia or in the Federal District Courtwhere the Interstate Commission's principal office is located for judicialreview of such rule. If the court finds that the Interstate Commission's actionis not supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of this subsection,evidence is substantial if it would be considered substantial evidence underthe Model State Administrative Procedures Act.E. If a majority of the legislaturesof the compacting states rejects a rule, those states may, by enactment ofa statute or resolution in the same manner used to adopt the compact, causethat such rule shall have no further force and effect in any compacting state.F. The existing rulesgoverning the operation of the Interstate Compact on Juveniles supercededby this compact shall be null and void twelve (12) months after the firstmeeting of the Interstate Commission created hereunder.G. Upon determinationby the Interstate Commission that a state of emergency exists, it may promulgatean emergency rule which shall become effective immediately upon adoption,provided that the usual rulemaking procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, but nolater than ninety (90) days after the effective date of the emergency rule.ARTICLE VIIOVERSIGHT, ENFORCEMENTAND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSIONSection A. Oversight1. The Interstate Commissionshall oversee the administration and operations of the interstate movementof juveniles subject to this compact in the compacting states and shall monitorsuch activities being administered in noncompacting states which may significantlyaffect compacting states.2.The courts and executive agencies in each compacting state shall enforce thiscompact and shall take all actions necessary and appropriate to effectuatethe compact's purposes and intent. The provisions of this compact and therules promulgated hereunder shall be received by all the judges, public officers,commissions, and departments of the state government as evidence of the authorizedstatute and administrative rules. All courts shall take judicial notice ofthe compact and the rules. In any judicial or administrative proceeding ina compacting state pertaining to the subject matter of this compact whichmay affect the powers, responsibilities or actions of the Interstate Commission,it shall be entitled to receive all service of process in any such proceeding,and shall have standing to intervene in the proceeding for all purposes.Section B. Dispute Resolution1. The compacting statesshall report to the Interstate Commission on all issues and activities necessaryfor the administration of the compact as well as issues and activities pertainingto compliance with the provisions of the compact and its bylaws and rules.2. The Interstate Commissionshall attempt, upon the request of a compacting state, to resolve any disputesor other issues which are subject to the compact and which may arise amongcompacting states and between compacting and noncompacting states. The commissionshall promulgate a rule providing for both mediation and binding dispute resolutionfor disputes among the compacting states.3. The Interstate Commission, in the reasonable exerciseof its discretion, shall enforce the provisions and rules of this compactusing any or all means set forth in Article XI of this compact.ARTICLE VIIIFINANCEA. The Interstate Commissionshall pay or provide for the payment of the reasonable expenses of its establishment,organization and ongoing activities.B. The Interstate Commission shall levy on and collectan annual assessment 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 assessment amountshall be allocated based upon a formula to be determined by the InterstateCommission, taking into consideration the population of each compacting stateand the volume of interstate movement of juveniles in each compacting stateand shall promulgate a rule binding upon all compacting states which governssaid assessment.C.The Interstate Commission shall not incur any obligations of any kind priorto securing the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.D. The Interstate Commission shall keep accurate accountsof all receipts and disbursements. The receipts and disbursements of the InterstateCommission shall be subject to the audit and accounting procedures establishedunder its bylaws. However, all receipts and disbursements of funds handledby the Interstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.ARTICLE IXTHE STATE COUNCILEach member state shallcreate a State Council for Interstate Juvenile Supervision. While each statemay determine the membership of its own state council, its membership mustinclude at least one representative from the legislative, judicial, and executivebranches of government, victims groups, and the compact administrator, deputycompact administrator or designee. Each compacting state retains the rightto determine the qualifications of the compact administrator or deputy compactadministrator. Each state council will advise and may exercise oversight andadvocacy concerning that state's participation in Interstate Commission activitiesand other duties as may be determined by that state, including but not limitedto, development of policy concerning operations and procedures of the compactwithin that state.ARTICLEXCOMPACTINGSTATES, EFFECTIVE DATE AND AMENDMENTA. Any state, the District of Columbia (or its designee),the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Mariana Islands as defined in Article II of this compactis eligible to become a compacting state.B. The compact shall become effective and bindingupon legislative enactment of the compact into law by no less than 35 of thestates. The initial effective date shall be the later of July 1, 2004, orupon enactment into law by the 35th jurisdiction. Thereafter it shall becomeeffective and binding as to any other compacting state upon enactment of thecompact into law by that state. The governors of nonmember states or theirdesignees shall be invited to participate in the activities of the InterstateCommission on a nonvoting basis prior to adoption of the compact by all statesand territories of the United States.C. The Interstate Commission may propose amendmentsto the compact for enactment by the compacting states. No amendment shallbecome effective and binding upon the Interstate Commission and the compactingstates unless and until it is enacted into law by unanimous consent of thecompacting states.ARTICLEXIWITHDRAWAL,DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENTSection A. Withdrawal1. Once effective, thecompact shall continue in force and remain binding upon each and every compactingstate; provided that a compacting state may withdraw from the compact by specificallyrepealing the statute which enacted the compact into law.2. The effective dateof withdrawal is the effective date of the repeal.3. The withdrawing state shall immediatelynotify the chairperson of the Interstate Commission in writing upon the introductionof legislation repealing this compact in the withdrawing state. The InterstateCommission shall notify the other compacting states of the withdrawing state'sintent to withdraw within sixty days of its receipt thereof.4. The withdrawing stateis responsible for all assessments, obligations and liabilities incurred throughthe effective date of withdrawal, including any obligations, the performanceof which extend beyond the effective date of withdrawal.5. Reinstatement followingwithdrawal of any compacting state shall occur upon the withdrawing statereenacting the compact or upon such later date as determined by the InterstateCommission.SectionB. Technical Assistance, Fines, Suspension, Termination and Default1. If the InterstateCommission determines that any compacting state has at any time defaultedin the performance of any of its obligations or responsibilities under thiscompact, or the bylaws or duly promulgated rules, the Interstate Commissionmay impose any or all of the following penalties:a. Remedial training and technicalassistance as directed by the Interstate Commission;b. Alternative Dispute Resolution;c. Fines, fees, and costsin such amounts as are deemed to be reasonable as fixed by the InterstateCommission; andd.Suspension or termination of membership in the compact, which shall be imposedonly after all other reasonable means of securing compliance under the bylawsand rules have been exhausted and the Interstate Commission has therefor determinedthat the offending state is in default. Immediate notice of suspension shallbe given by the Interstate Commission to the Governor, the Chief Justice orthe Chief Judicial Officer of the state, the majority and minority leadersof the defaulting state's legislature, and the state council. The groundsfor default include, but are not limited to, failure of a compacting stateto perform such obligations or responsibilities imposed upon it by this compact,the bylaws, or duly promulgated rules and any other grounds designated incommission bylaws and rules. The Interstate Commission shall immediately notifythe defaulting state in writing of the penalty imposed by the Interstate Commissionand of the default pending a cure of the default. The commission shall stipulatethe conditions and the time period within which the defaulting state mustcure its default. If the defaulting state fails to cure the default withinthe time period specified by the commission, the defaulting state shall beterminated from the compact upon an affirmative vote of a majority of thecompacting states and all rights, privileges and benefits conferred by thiscompact shall be terminated from the effective date of termination.2. Within sixty daysof the effective date of termination of a defaulting state, the Commissionshall notify the Governor, the Chief Justice or Chief Judicial Officer, theMajority and Minority Leaders of the defaulting state's legislature, and thestate council of such termination.3. The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date of terminationincluding any obligations, the performance of which extends beyond the effectivedate of termination.4.The Interstate Commission shall not bear any costs relating to the defaultingstate unless otherwise mutually agreed upon in writing between the InterstateCommission and the defaulting state.5. Reinstatement following termination of any compactingstate requires both a reenactment of the compact by the defaulting state andthe approval of the Interstate Commission pursuant to the rules.Section C. Judicial EnforcementThe Interstate Commissionmay, by majority vote of the members, initiate legal action in the UnitedStates District Court for the District of Columbia or, at the discretion ofthe Interstate Commission, in the federal district where the Interstate Commissionhas its offices, to enforce compliance with the provisions of the compact,its duly promulgated rules and bylaws, against any compacting state in default.In the event judicial enforcement is necessary the prevailing party shallbe awarded all costs of such litigation including reasonable attorney's fees.Section D. Dissolutionof Compact1.The compact dissolves effective upon the date of the withdrawal or defaultof the compacting state, which reduces membership in the compact to one compactingstate.2.Upon the dissolution of this compact, the compact becomes null and void andshall be of no further force or effect, and the business and affairs of theInterstate Commission shall be concluded and any surplus funds shall be distributedin accordance with the bylaws.ARTICLE XIISEVERABILITY AND CONSTRUCTIONA. The provisions of this compactshall be severable, and if any phrase, clause, sentence or provision is deemedunenforceable, the remaining provisions of the compact shall be enforceable.B. The provisions ofthis compact shall be liberally construed to effectuate its purposes.ARTICLE XIIIBINDING EFFECT OF COMPACTAND OTHER LAWSSectionA. Other Laws1.Nothing herein prevents the enforcement of any other law of a compacting statethat is not inconsistent with this compact.2. All compacting states' laws other than state Constitutionsand other interstate compacts conflicting with this compact are supersededto the extent of the conflict.Section B. Binding Effect of the Compact1. All lawful actionsof the Interstate Commission, including all rules and bylaws promulgated bythe Interstate Commission, are binding upon the compacting states.2. All agreements betweenthe Interstate Commission and the compacting states are binding in accordancewith their terms.3.Upon the request of a party to a conflict over meaning or interpretation ofInterstate Commission actions, and upon a majority vote of the compactingstates, the Interstate Commission may issue advisory opinions regarding suchmeaning or interpretation.4. In the event any provision of this compact exceedsthe constitutional 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 such obligations,duties, powers or jurisdiction are delegated by law in effect at the timethis compact becomes effective. SourceLaws 2009, LB237, § 1. Cross ReferencesInterstate Compact for Adult Offender Supervision, see section 29-2639.Interstate Compact for the Placement of Children, see section 43-1103.

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