§ 148‑65.5. Governor toexecute compact; form of compact.
The Governor of North Carolinais authorized and directed to execute a compact on behalf of the State of NorthCarolina with any state of the United States legally joining therein in theform substantially as follows:
Preamble.
Whereas: The InterstateCompact for the Supervision of Parolees and Probationers was established in1937, it is the earliest corrections "compact" established among thestates, and has not been amended since its adoption over 62 years ago;
Whereas: This compact is theonly vehicle for the controlled movement of adult parolees and probationersacross state lines, and it currently has jurisdiction over more than a quarterof a million offenders;
Whereas: The complexities ofthe compact have become more difficult to administer, and many jurisdictionshave expanded supervision expectations to include currently unregulatedpractices such as victim input, victim notification requirements, and sexoffender registration;
Whereas: After hearings,national surveys, and a detailed study by a task force appointed by theNational Institute of Corrections, the overwhelming recommendation has been toamend the document to bring about an effective management capacity thataddresses public safety concerns and offender accountability;
Whereas: The General Assemblyhereby finds, determines, and declares that this act is necessary for theimmediate preservation of the public peace, health, and safety. The Governor ishereby authorized and directed to enter into a compact on behalf of the Stateof North Carolina with any state of the United States and other territorialpossessions of the United States legally joining therein in the formsubstantially as follows;
Whereas: Upon the adoption ofthis Interstate Compact for Adult Offender Supervision, it is the intention ofthe General Assembly to repeal the previous Interstate Compact for theSupervision of Parolees and Probationers one year after the effective date ofthis compact.
Article I.
Purpose.
(a) The compactingstates to this Interstate Compact recognize that each state is responsible forthe supervision of adult offenders in the community who are authorized pursuantto the bylaws and rules of this compact to travel across state lines both to andfrom each compacting state in such a manner as to track the location ofoffenders, transfer supervision authority in an orderly and efficient manner,and when necessary return offenders to the originating jurisdictions. Thecompacting states also recognize that Congress, by enacting the Crime ControlAct, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts forcooperative efforts and mutual assistance in the prevention of crime.
(b) It is the purpose ofthis compact and the Interstate Commission created hereunder, through means ofjoint and cooperative action among the compacting states:
(1) To provide theframework for the promotion of public safety and to protect the rights ofvictims through the control and regulation of the interstate movement ofoffenders in the community;
(2) To provide for theeffective tracking, supervision, and rehabilitation of these offenders by thesending and receiving states; and
(3) To equitablydistribute the costs, benefits, and obligations of the compact among thecompacting states.
(c) In addition, thiscompact will:
(1) Create an InterstateCommission which will establish uniform procedures to manage the movementbetween states of adults placed under community supervision and released to thecommunity under the jurisdiction of courts, paroling authorities, corrections,or other criminal justice agencies, which will promulgate rules to achieve thepurpose of this compact;
(2) Ensure anopportunity for input and timely notice to victims and to jurisdictions where definedoffenders are authorized to travel or to relocate across state lines;
(3) Establish a systemof uniform data collection, access to information on active cases by authorizedcriminal justice officials, and regular reporting of compact activities to headsof state councils, state executive, judicial, and legislative branches andcriminal justice administrators;
(4) Monitor compliancewith rules governing interstate movement of offenders and initiateinterventions to address and correct noncompliance; and
(5) Coordinate trainingand education regarding regulations of interstate movement of offenders forofficials involved in such activity.
(d) The compactingstates recognize that there is no "right" of any offender to live inanother state and that duly accredited officers of a sending state may at alltimes enter a receiving state and there apprehend and retake any offender undersupervision subject to the provision of this compact and bylaws and rulespromulgated hereunder. It is the policy of the compacting states that theactivities conducted by the Interstate Commission created herein are theformation of the public policies and are therefore public business.
Article II.
Definitions.
(a) As used in thiscompact, unless the context clearly requires a different construction:
(1) "Adult"means both individuals legally classified as adults and juveniles treated asadults by court order, statute, or operation of law.
(2) "Bylaws"means those bylaws established by the Interstate Commission for its governance,or for directing or controlling the Interstate Commission's actions or conduct.
(3) "CompactAdministrator" means the individual in each compacting state appointedpursuant to the terms of this compact responsible for the administration andmanagement of the state's supervision and transfer of offenders subject to theterms of this compact, the rules adopted by the Interstate Commission, andpolicies adopted by the state council under this compact.
(4) "Compactingstate" means any state that has enacted the enabling legislation for thiscompact.
(5) "Commissioner"means the voting representative of each compacting state appointed pursuant toArticle III of this compact.
(6) "InterstateCommission" means the Interstate Commission for Adult Offender Supervisionestablished by this compact.
(7) "Member"means the commissioner of a compacting state or designee, who shall be a personofficially connected with the commissioner.
(8) "Noncompactingstate" means any state that has not enacted the enabling legislation forthis compact.
(9) "Offender"means an adult placed under, or subject to, supervision as the result of thecommission of a criminal offense and released to the community under thejurisdiction of courts, paroling authorities, corrections, or other criminaljustice agencies.
(10) "Person"means any individual, corporation, business enterprise, or other legal entity,either public or private.
(11) "Rules"means acts of the Interstate Commission, duly promulgated pursuant to ArticleVIII of this compact, substantially affecting interested parties in addition tothe Interstate Commission, which shall have the force and effect of law in thecompacting states.
(12) "State"means a state of the United States, the District of Columbia, and any otherterritorial possessions of the United States.
(13) "Statecouncil" means the resident member of the State Council for InterstateAdult Offender Supervision created by each state under Article III of thiscompact.
Article III.
The Compact Commission.
(a) The compactingstates hereby create the "Interstate Commission for Adult OffenderSupervision". The Interstate Commission shall be a body corporate andjoint agency of the compacting states. The Interstate Commission shall have allthe responsibilities, powers, and duties set forth herein, including the powerto sue and be sued, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting states inaccordance with the terms of this compact.
(b) The InterstateCommission shall consist of commissioners selected and appointed by residentmembers of a State Council for Interstate Adult Offender Supervision for eachstate. In addition to the commissioners who are the voting representatives ofeach state, the Interstate Commission shall include individuals who are notcommissioners but who are members of interested organizations; suchnoncommissioner members must include a member of the national organizations ofgovernors, legislators, state chief justices, attorneys general, and crimevictims. All noncommissioner members of the Interstate Commission shall be exofficio (nonvoting) members. The Interstate Commission may provide in itsbylaws for such additional, ex officio, nonvoting members as it deems necessary.
(c) Each compactingstate represented at any meeting of the Interstate Commission is entitled toone vote. A majority of the compacting states shall constitute a quorum for thetransaction of business, unless a larger quorum is required by the bylaws of theInterstate Commission.
(d) The InterstateCommission shall meet at least once each calendar year. The chairperson maycall additional meetings and, upon the request of 27 or more compacting states,shall call additional meetings. Public notice shall be given of all meetings,and meetings shall be open to the public.
(e) The InterstateCommission shall establish an executive committee that shall include commissionofficers, members, and others as shall be determined by the bylaws. Theexecutive committee oversees the day‑to‑day activities managed bythe executive director and Interstate Commission staff; administers enforcementand compliance with the provisions of the compact, its bylaws, and as directedby the Interstate Commission; and performs other duties as directed by thecommission or set forth in the bylaws.
Article IV.
The State Council.
(a) Each member stateshall create a State Council for Interstate Adult Offender Supervision thatshall be responsible for the appointment of the commissioner who shall serve onthe Interstate Commission from that state. Each state council shall appoint asits commissioner the Compact Administrator from that state to serve on theInterstate Commission in such capacity under or pursuant to applicable law ofthe member state. While each member state may determine the membership of itsown state council, its membership must include at least one representative fromthe legislative, judicial, and executive branches of government, victimsgroups, and compact administrators.
(b) Each compactingstate retains the right to determine the qualifications of the CompactAdministrator, who shall be appointed by the state council or by the Governorin consultation with the legislature and the judiciary. In addition toappointment of its own commissioner to the National Interstate Commission, eachstate council shall exercise oversight and advocacy concerning itsparticipation in Interstate Commission activities and other duties as may bedetermined by each member state including, but not limited to, development ofpolicy operations and procedures of the compact within that state.
Article V.
Powers and Duties of the Interstate Commission.
The Interstate Commissionshall have the following powers:
(1) To adopt a seal andsuitable bylaws governing the management and operation of the interstatecommission.
(2) To promulgate rulesthat shall have the force and effect of statutory law and shall be binding inthe compacting states to the extent and in the manner provided in this compact.
(3) To oversee,supervise, and coordinate the interstate movement of offenders subject to theterms of this compact and any bylaws adopted and rules promulgated by thecompact commission.
(4) To enforcecompliance with compact provisions, Interstate Commission rules, and bylaws,using all necessary and proper means, including, but not limited to, the use ofjudicial process.
(5) To establish andmaintain offices.
(6) To purchase andmaintain insurance and bonds.
(7) To borrow, accept,or contract for services of personnel, including, but not limited to, membersand their staffs.
(8) To establish andappoint committees and hire staff when it deems necessary for the carrying outof its functions including, but not limited to, an executive committee asrequired by Article III which shall have the power to act on behalf of theInterstate Commission in carrying out its powers and duties hereunder.
(9) To elect or appointsuch officers, attorneys, employees, agents, or consultants, and to fix theircompensation, define their duties, and determine their qualifications; and toestablish the Interstate Commission's personnel policies and programs relatingto, among other things, conflicts of interest, rates of compensation, andqualifications of personnel.
(10) To accept any and alldonations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose of same.
(11) To lease, purchase,accept contributions or donations of, or otherwise to own, hold, improve, oruse any property, real, personal, or mixed.
(12) To sell, convey,mortgage, pledge, lease, exchange, abandon, or otherwise dispose of anyproperty, real, personal, or mixed.
(13) To establish a budgetand make expenditures and levy dues as provided in Article X of this compact.
(14) To sue or be sued.
(15) To provide fordispute resolution among compacting states.
(16) To perform suchfunctions as may be necessary or appropriate to achieve the purposes of thiscompact.
(17) To report annually tothe legislatures, governors, judiciary, and state councils of the compactingstates concerning the activities of the Interstate Commission during thepreceding year. Such reports shall also include any recommendations that mayhave been adopted by the Interstate Commission.
(18) To coordinateeducation, training, and public awareness regarding the interstate movement ofoffenders for officials involved in such activity.
(19) To establish uniformstandards for the reporting, collecting, and exchanging of data.
Article VI.
Organization and Operation of the Interstate Commission.
(a) Bylaws. TheInterstate Commission shall, by a majority of the members, within 12 months ofthe first Interstate Commission meeting, adopt bylaws to govern its conduct asmay be necessary or appropriate to carry out the purposes of the compact,including, but not limited to:
(1) Establishing thefiscal year of the Interstate Commission;
(2) Establishing anexecutive committee and such other committees as may be necessary and providingreasonable standards and procedures:
a. For theestablishment of committees, and
b. Governing anygeneral or specific delegation of any authority or function of the InterstateCommission;
(3) Providing reasonableprocedures for calling and conducting meetings of the Interstate Commission,and ensuring reasonable notice of each such meeting;
(4) Establishing thetitles and responsibilities of the officers of the Interstate Commission;
(5) Providing reasonablestandards and procedures for the establishment of the personnel policies andprograms of the Interstate Commission. Notwithstanding any civil service orother similar laws of any compacting state, the bylaws shall exclusively governthe personnel policies and programs of the Interstate Commission;
(6) Providing amechanism for winding up the operations of the Interstate Commission and theequitable return of any surplus funds that may exist upon the termination ofthe compact after the payment and/or reserving of all of its debts andobligations;
(7) Providing transitionrules for "start‑ up" administration of the compact; and
(8) Establishingstandards and procedures for compliance and technical assistance in carryingout the compact.
(b) Officers and Staff. The Interstate Commission shall, by a majority of the members, elect fromamong its members a chair and a vice‑chair, each of whom shall have suchauthorities and duties as may be specified in the bylaws. The chair or, in thechair's absence or disability, the vice‑chair shall preside at allmeetings of the Interstate Commission. The officers so elected shall servewithout compensation or remuneration from the Interstate Commission; providedthat, subject to the availability of budgeted funds, the officers shall bereimbursed for any actual and necessary costs and expenses incurred by them inthe performance of their duties and responsibilities as officers of theInterstate Commission.
TheInterstate Commission shall, through its executive committee, appoint or retainan executive director for such period, upon such terms and conditions and forsuch compensation as the Interstate Commission may deem appropriate. Theexecutive director shall serve as secretary to the Interstate Commission, andhire and supervise such other staff as may be authorized by the InterstateCommission, but shall not be a member.
(c) Corporate Records ofthe Interstate Commission. The Interstate Commission shall maintain itscorporate books and records in accordance with the bylaws.
(d) Qualified Immunity,Defense, and Indemnification. The members, officers, executive director, andemployees of the Interstate Commission shall be immune from suit and liability,either personally or in their official capacity, for any claim for damage to orloss of property or personal injury or other civil liability caused or arisingout of any actual or alleged act, error, or omission that occurred within thescope of Interstate Commission employment, duties, or responsibilities;provided, that nothing in this paragraph shall be construed to protect any suchperson from suit and/or liability for any damage, loss, injury, or liabilitycaused by the intentional or willful and wanton misconduct of any such person.
TheInterstate Commission shall defend the commissioner of a compacting state, orthe commissioner's representatives or employees, or the Interstate Commission'srepresentatives or employees, in any civil action seeking to impose liability,arising out of any actual or alleged act, error, or omission that occurredwithin the scope of Interstate Commission employment, duties, orresponsibilities, 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 wrongdoing on the part of such person.
TheInterstate Commission shall indemnify and hold the commissioner of a compactingstate, the appointed designee or employees, or the Interstate Commission'srepresentatives or employees, harmless in the amount of any settlement orjudgment 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 Commissionemployment, duties, or responsibilities, provided that the actual or allegedact, error, or omission did not result from gross negligence or intentionalwrongdoing on the part of such person.
Article VII.
Activities of the Interstate Commission.
(a) The interstatecommission shall meet and take such actions as are consistent with theprovisions of this compact.
(b) Except as otherwiseprovided in this compact and unless a greater percentage is required by thebylaws, in order to constitute an act of the Interstate Commission, such actshall have been taken at a meeting of the Interstate Commission and shall havereceived an affirmative vote of a majority of the members present.
(c) Each member of theInterstate Commission shall have the right and power to cast a vote to whichthe compacting state is entitled and to participate in the business and affairsof the Interstate Commission. A member shall vote in person on behalf of thestate and shall not delegate a vote to another member state. However, a statecouncil shall appoint another authorized representative, in the absence of thecommissioner from that state, to cast a vote on behalf of the member state at aspecified meeting. The bylaws may provide for members' participation inmeetings by telephone or other means of telecommunication or electroniccommunication. Any voting conducted by telephone or other means oftelecommunication or electronic communication shall be subject to the samequorum requirements of meetings where members are present in person.
(d) The InterstateCommission shall meet at least once during each calendar year. The chairpersonof the Interstate Commission may call additional meetings at any time and, uponthe request of a majority of the members, shall call additional meetings.
(e) The InterstateCommission's bylaws shall establish conditions and procedures under which theInterstate Commission shall make its information and official records availableto the public for inspection or copying. The Interstate Commission may exemptfrom disclosure any information or official records to the extent they wouldadversely affect personal privacy rights or proprietary interests. Inpromulgating such rules, the Interstate Commission may make available to lawenforcement agencies records and information otherwise exempt from disclosure,and may enter into agreements with law enforcement agencies to receive orexchange information or records subject to nondisclosure and confidentialityprovisions.
(f) 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. TheInterstate Commission shall promulgate rules consistent with the principlescontained in the "Government in Sunshine Act", U.S.C. § 552(b), asmay be amended. The Interstate Commission and any of its committees may close ameeting to the public where it determines by two‑thirds vote that an openmeeting would be likely to:
(1) Relate solely to theInterstate Commission's internal personnel practices and procedures;
(2) Disclose mattersspecifically exempted from disclosure by statute;
(3) Disclose tradesecrets or commercial or financial information which is privileged orconfidential;
(4) Involve accusing anyperson of a crime or formally censuring any person;
(5) Disclose informationof a personal nature where disclosure would constitute a clearly unwarrantedinvasion of personal privacy;
(6) Discloseinvestigatory records compiled for law enforcement purposes;
(7) Disclose informationcontained in or related to examination, operating, or condition reportsprepared by, on behalf of, or for the use of, the Interstate Commission withrespect to a regulated entity for the purpose of regulation or supervision ofsuch entity;
(8) Discloseinformation, the premature disclosure of which would significantly endanger thelife of a person or the stability of a regulated entity; and
(9) Specifically relateto the Interstate Commission's issuance of a subpoena, or its participation ina civil action or proceeding.
(g) For every meetingclosed pursuant to this provision, the Interstate Commission's chief legalofficer shall publicly certify that, in the officer's opinion, the meeting maybe closed to the public and shall reference each relevant exemptive provision.The Interstate Commission shall keep minutes which shall fully and clearlydescribe all matters discussed in any meeting and shall provide a full and accuratesummary of any actions taken and the reasons therefor, including a descriptionof each of the views expressed on any item and the record of any recall vote(reflected in the vote of each member on the question). All documentsconsidered in connection with any action shall be identified in such minutes.
(h) The InterstateCommission shall collect standardized data concerning the interstate movementof offenders as directed through its bylaws and rules which shall specify thedata to be collected, the means of collection, and data exchange and reportingrequirements.
Article VIII.
Rule‑making Functions of the Interstate Commission.
(a) The InterstateCommission shall promulgate rules in order to effectively and efficientlyachieve the purposes of the compact including transition rules governingadministration of the compact during the period in which it is being consideredand enacted by the states.
(b) Rule making shalloccur pursuant to the criteria set forth in this article and the bylaws andrules adopted pursuant thereto. Such rule making shall substantially conform tothe principles of the federal Administrative Procedure Act, 5 U.S.C.S. section551, et seq., and the Federal Advisory Committee Act, 5 U.S.C. § 1, et seq., asmay be amended (hereinafter "APA"). All rules and amendments shallbecome binding as of the date specified in each rule or amendment.
(c) If a majority of thelegislatures of the compacting states rejects a rule, by enactment of a statuteor resolution in the same manner used to adopt the compact, then such ruleshall have no further force and effect in any compacting state.
(d) When promulgating arule, the Interstate Commission shall:
(1) Publish the proposedrule stating with particularity the text of the rule that is proposed and thereason for the proposed rule;
(2) Allow persons tosubmit written data, facts, opinions, and arguments, which information shall bepublicly available;
(3) Provide anopportunity for an informal hearing; and
(4) Promulgate a finalrule and its effective date, if appropriate, based on the rule‑ makingrecord. Not later than 60 days after a rule is promulgated, any interestedperson may file a petition in the United States District Court for the Districtof Columbia or in the Federal District Court where the Interstate Commission'sprinciple office is located for judicial review of such rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence, (as defined in the APA), in the rule‑making record, the courtshall hold the rule unlawful and set it aside. Subjects to be addressed within12 months after the first meeting must, at a minimum, include:
a. Notice to victimsand opportunity to be heard;
b. Offenderregistration and compliance;
c. Violations/returns;
d. Transfer proceduresand forms;
e. Eligibility fortransfer;
f. Collection ofrestitution and fees from offenders;
g. Data collection andreporting;
h. The level ofsupervision to be provided by the receiving state;
i. Transition rulesgoverning the operation of the compact and the Interstate Commission during allor part of the period between the effective date of the compact and the date onwhich the last eligible state adopts the compact; and
j. Mediation,arbitration, and dispute resolution.
(e) The existing rulesgoverning the operation of the previous compact superceded by this Act shall benull and void 12 months after the first meeting of the Interstate Commissioncreated hereunder.
(f) Upon determinationby the Interstate Commission that an emergency exists, it may promulgate anemergency rule which shall become effective immediately upon adoption, providedthat the usual rule‑making procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, in no eventlater than 90 days after the effective date of the rule.
Article IX.
Oversight, Enforcement, and Dispute Resolution by the InterstateCommission.
(a) Oversight. TheInterstate Commission shall oversee the interstate movement of adult offendersin the compacting states and shall monitor such activities being administeredin noncompacting states that may significantly affect compacting states.
Thecourts and executive agencies in each compacting state shall enforce thiscompact and shall take all actions necessary and appropriate to effectuate thecompact's purposes and intent. In any judicial or administrative proceeding ina compacting state pertaining to the subject matter of this compact which mayaffect the powers, responsibilities, or actions of the Interstate Commission,the Interstate Commission shall be entitled to receive all service of processin any such proceeding and shall have standing to intervene in the proceedingfor all purposes.
(b) Dispute Resolution. The compacting states shall report to the Interstate Commission on issues oractivities of concern to them and cooperate with and support the InterstateCommission in the discharge of its duties and responsibilities.
TheInterstate Commission shall attempt to resolve any disputes or other issueswhich are subject to the compact and which may arise among compacting statesand noncompacting states.
TheInterstate Commission shall enact a bylaw or promulgate a rule providing forboth mediation and binding dispute resolution for disputes among the compactingstates.
(c) Enforcement. TheInterstate Commission, in the reasonable exercise of its discretion, shallenforce the provisions of this compact using any and all means set forth inArticle XII, subsection (b) of this compact.
Article X.
Finance.
(a) The InterstateCommission shall pay or provide for the payment of the reasonable expenses ofits establishment, organization, and ongoing activities.
(b) The InterstateCommission shall levy on and collect an annual assessment for each compactingstate to cover the cost of the internal operations and activities of theInterstate Commission and its staff that must be in a total amount sufficientto cover the Interstate Commission's annual budget as approved each year. Theaggregate annual assessment amount shall be allocated based upon a formula tobe determined by the Interstate Commission, taking into consideration thepopulation of the state and the volume of interstate movement of offenders ineach compacting state and shall promulgate a rule binding upon all compactingstates which governs said assessment.
(c) The InterstateCommission shall not incur any obligations of any kind prior to securing thefunds adequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of the compacting states, except by and with the authority of thecompacting state.
(d) The InterstateCommission shall keep accurate accounts of all receipts and disbursements. Thereceipts and disbursements of the Interstate Commission shall be subject to theaudit and accounting procedures established under its bylaws. However, allreceipts and disbursements of funds handled by the Interstate Commission shallbe audited yearly by a certified or licensed public accountant, and the reportof the audit shall be included in and become part of the annual report of theInterstate Commission.
Article XI.
Compacting State, Effective Date, and Amendment.
(a) Any state, asdefined in article ii of this compact, is eligible to become a compactingstate.
(b) The compact shallbecome effective and binding upon legislative enactment of the compact into lawby no less than 35 of the states. The initial effective date shall be the laterof July 1, 2002, or upon enactment into law by the 35th jurisdiction. Therefore,it shall become effective and binding as to any other compacting state, uponenactment of the compact into law by that state. The governors of nonmemberstates or their designees will be invited to participate in InterstateCommission activities on a nonvoting basis prior to adoption of the compact byall states and territories of the United States.
(c) Amendments to thecompact may be proposed by the Interstate Commission for enactment by thecompacting states. No amendment shall become effective and binding upon theInterstate Commission and the compacting states unless and until it is enactedinto law by unanimous consent of the compacting states.
Article XII.
Withdrawal, Default, Termination, and Judicial Enforcement.
(a) Withdrawal. Onceeffective, the compact shall continue in force and remain binding upon each andevery compacting state; provided that a compacting state may withdraw from thecompact ("withdrawing state") by enacting a statute specificallyrepealing the statute which enacted the compact into law.
Theeffective date of withdrawal is the effective date of the repeal.
Thewithdrawing state shall immediately notify the Chair of the InterstateCommission in writing upon the introduction of legislation repealing thiscompact in the withdrawing state. The Interstate Commission shall notify theother compacting states of the withdrawing state's intent to withdraw within 60days of its receipt thereof.
Thewithdrawing state is responsible for all assessments, obligations, andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
Reinstatementfollowing withdrawal of any compacting state shall occur upon the withdrawingstate's reenacting the compact or upon such later date as determined by theInterstate Commission.
(b) Default. If theInterstate Commission determines that any compacting state has at any timedefaulted ("defaulting state") in the performance of any of itsobligations or responsibilities under this compact, the bylaws, or any dulypromulgated rules, the Interstate Commission may impose any or all of thefollowing penalties:
(1) Fines, fees, andcosts in such amounts as are deemed to be reasonable as fixed by the InterstateCommission;
(2) Remedial trainingand technical assistance as directed by the Interstate Commission;
(3) Suspension andtermination of membership in the compact. Suspension shall be imposed onlyafter all other reasonable means of securing compliance under the bylaws andrules have been exhausted. Immediate notice of suspension shall be given by theInterstate Commission to the Governor; the Chief Justice or Chief JudicialOfficer of the state; the Majority and Minority Leaders of the defaulting state'slegislature; and the state council.
Thegrounds of default include, but are not limited to, failure of a compactingstate to perform such obligations or responsibilities imposed upon it by thiscompact, Interstate Commission bylaws, or duly promulgated rules. TheInterstate Commission shall immediately notify the defaulting state in writingof the penalty imposed by the Interstate Commission on the defaulting statepending a cure of the default. The Interstate Commission shall stipulate theconditions and the time period within which the defaulting state must cure itsdefault. If the defaulting state fails to cure the default within the timeperiod specified by the Interstate Commission, in addition to any otherpenalties imposed herein, the defaulting state may be terminated from thecompact upon an affirmative vote of a majority of the compacting states, andall rights, privileges, and benefits conferred by this compact shall beterminated from the effective date of suspension. Within 60 days of the effectivedate of termination of a defaulting state, the Interstate Commission shallnotify the Governor; the Chief Justice or Chief Judicial Officer of the state;the Majority and Minority Leaders of the defaulting state's legislature; andthe state council of such termination.
Thedefaulting state is responsible for all assessments, obligations, andliabilities incurred through the effective date of termination, including anyobligations the performance of which extends beyond the effective date oftermination.
TheInterstate Commission shall not bear any costs relating to the defaulting stateunless otherwise mutually agreed upon between the Interstate Commission and thedefaulting state. Reinstatement following termination of any compacting staterequires both a reenactment of the compact by the defaulting state and theapproval of the Interstate Commission pursuant to the rules.
(c) JudicialEnforcement. The Interstate Commission may, by majority vote of the members,initiate legal action in the United States District Court for the District ofColumbia or, at the discretion of the Interstate Commission, in the FederalDistrict where the Interstate Commission has its offices to enforce compliancewith the provisions of the compact, its duly promulgated rules and bylawsagainst any compacting state in default. In the event judicial enforcement isnecessary, the prevailing party shall be awarded all costs of such litigationincluding reasonable attorney's fees.
(d) Dissolution ofCompact. The compact dissolves effective upon the date of the withdrawal ordefault of the compacting state that reduces membership in the compact to onecompacting state.
Uponthe dissolution of this compact, the compact becomes null and void and shall beof no further force or effect, and the business and affairs of the InterstateCommission shall be wound up, and any surplus funds shall be distributed inaccordance with the bylaws.
Article XIII.
Severability and Construction.
(a) The provisions ofthis compact shall be severable, and if any phrase, clause, sentence, orprovision is deemed unenforceable, the remaining provision of the compact shallbe enforceable.
(b) The provisions ofthis compact shall be liberally constructed to effectuate its purposes.
Article XIV.
Binding Effect of Compact and Other Laws.
(a) Other Laws. Nothingherein prevents the enforcement of any other law of a compacting state that isnot inconsistent with this compact.
Allcompacting states' laws conflicting with this compact are superseded to theextent of the conflict.
(b) Binding Effect ofthe Compact. All lawful actions of the Interstate Commission, including allrules and bylaws promulgated by the Interstate Commission, are binding upon thecompacting states.
Allagreements between the Interstate Commission and the compacting states arebinding in accordance with their terms.
Uponthe 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.
Inthe event any provision of this compact exceeds the constitutional limitsimposed on the legislature of any compacting state, the obligations, duties,powers, or jurisdiction sought to be conferred by such provision upon theInterstate Commission shall be ineffective, and such obligations, duties,powers, or jurisdiction shall remain in the compacting state and shall beexercised by the agency thereof to which such obligations, duties, powers, orjurisdiction are delegated by law in effect at the time this compact becomeseffective. (2002‑166,s. 1; 2008‑189, s. 1.)
§ 148‑65.5. Governor toexecute compact; form of compact.
The Governor of North Carolinais authorized and directed to execute a compact on behalf of the State of NorthCarolina with any state of the United States legally joining therein in theform substantially as follows:
Preamble.
Whereas: The InterstateCompact for the Supervision of Parolees and Probationers was established in1937, it is the earliest corrections "compact" established among thestates, and has not been amended since its adoption over 62 years ago;
Whereas: This compact is theonly vehicle for the controlled movement of adult parolees and probationersacross state lines, and it currently has jurisdiction over more than a quarterof a million offenders;
Whereas: The complexities ofthe compact have become more difficult to administer, and many jurisdictionshave expanded supervision expectations to include currently unregulatedpractices such as victim input, victim notification requirements, and sexoffender registration;
Whereas: After hearings,national surveys, and a detailed study by a task force appointed by theNational Institute of Corrections, the overwhelming recommendation has been toamend the document to bring about an effective management capacity thataddresses public safety concerns and offender accountability;
Whereas: The General Assemblyhereby finds, determines, and declares that this act is necessary for theimmediate preservation of the public peace, health, and safety. The Governor ishereby authorized and directed to enter into a compact on behalf of the Stateof North Carolina with any state of the United States and other territorialpossessions of the United States legally joining therein in the formsubstantially as follows;
Whereas: Upon the adoption ofthis Interstate Compact for Adult Offender Supervision, it is the intention ofthe General Assembly to repeal the previous Interstate Compact for theSupervision of Parolees and Probationers one year after the effective date ofthis compact.
Article I.
Purpose.
(a) The compactingstates to this Interstate Compact recognize that each state is responsible forthe supervision of adult offenders in the community who are authorized pursuantto the bylaws and rules of this compact to travel across state lines both to andfrom each compacting state in such a manner as to track the location ofoffenders, transfer supervision authority in an orderly and efficient manner,and when necessary return offenders to the originating jurisdictions. Thecompacting states also recognize that Congress, by enacting the Crime ControlAct, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts forcooperative efforts and mutual assistance in the prevention of crime.
(b) It is the purpose ofthis compact and the Interstate Commission created hereunder, through means ofjoint and cooperative action among the compacting states:
(1) To provide theframework for the promotion of public safety and to protect the rights ofvictims through the control and regulation of the interstate movement ofoffenders in the community;
(2) To provide for theeffective tracking, supervision, and rehabilitation of these offenders by thesending and receiving states; and
(3) To equitablydistribute the costs, benefits, and obligations of the compact among thecompacting states.
(c) In addition, thiscompact will:
(1) Create an InterstateCommission which will establish uniform procedures to manage the movementbetween states of adults placed under community supervision and released to thecommunity under the jurisdiction of courts, paroling authorities, corrections,or other criminal justice agencies, which will promulgate rules to achieve thepurpose of this compact;
(2) Ensure anopportunity for input and timely notice to victims and to jurisdictions where definedoffenders are authorized to travel or to relocate across state lines;
(3) Establish a systemof uniform data collection, access to information on active cases by authorizedcriminal justice officials, and regular reporting of compact activities to headsof state councils, state executive, judicial, and legislative branches andcriminal justice administrators;
(4) Monitor compliancewith rules governing interstate movement of offenders and initiateinterventions to address and correct noncompliance; and
(5) Coordinate trainingand education regarding regulations of interstate movement of offenders forofficials involved in such activity.
(d) The compactingstates recognize that there is no "right" of any offender to live inanother state and that duly accredited officers of a sending state may at alltimes enter a receiving state and there apprehend and retake any offender undersupervision subject to the provision of this compact and bylaws and rulespromulgated hereunder. It is the policy of the compacting states that theactivities conducted by the Interstate Commission created herein are theformation of the public policies and are therefore public business.
Article II.
Definitions.
(a) As used in thiscompact, unless the context clearly requires a different construction:
(1) "Adult"means both individuals legally classified as adults and juveniles treated asadults by court order, statute, or operation of law.
(2) "Bylaws"means those bylaws established by the Interstate Commission for its governance,or for directing or controlling the Interstate Commission's actions or conduct.
(3) "CompactAdministrator" means the individual in each compacting state appointedpursuant to the terms of this compact responsible for the administration andmanagement of the state's supervision and transfer of offenders subject to theterms of this compact, the rules adopted by the Interstate Commission, andpolicies adopted by the state council under this compact.
(4) "Compactingstate" means any state that has enacted the enabling legislation for thiscompact.
(5) "Commissioner"means the voting representative of each compacting state appointed pursuant toArticle III of this compact.
(6) "InterstateCommission" means the Interstate Commission for Adult Offender Supervisionestablished by this compact.
(7) "Member"means the commissioner of a compacting state or designee, who shall be a personofficially connected with the commissioner.
(8) "Noncompactingstate" means any state that has not enacted the enabling legislation forthis compact.
(9) "Offender"means an adult placed under, or subject to, supervision as the result of thecommission of a criminal offense and released to the community under thejurisdiction of courts, paroling authorities, corrections, or other criminaljustice agencies.
(10) "Person"means any individual, corporation, business enterprise, or other legal entity,either public or private.
(11) "Rules"means acts of the Interstate Commission, duly promulgated pursuant to ArticleVIII of this compact, substantially affecting interested parties in addition tothe Interstate Commission, which shall have the force and effect of law in thecompacting states.
(12) "State"means a state of the United States, the District of Columbia, and any otherterritorial possessions of the United States.
(13) "Statecouncil" means the resident member of the State Council for InterstateAdult Offender Supervision created by each state under Article III of thiscompact.
Article III.
The Compact Commission.
(a) The compactingstates hereby create the "Interstate Commission for Adult OffenderSupervision". The Interstate Commission shall be a body corporate andjoint agency of the compacting states. The Interstate Commission shall have allthe responsibilities, powers, and duties set forth herein, including the powerto sue and be sued, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting states inaccordance with the terms of this compact.
(b) The InterstateCommission shall consist of commissioners selected and appointed by residentmembers of a State Council for Interstate Adult Offender Supervision for eachstate. In addition to the commissioners who are the voting representatives ofeach state, the Interstate Commission shall include individuals who are notcommissioners but who are members of interested organizations; suchnoncommissioner members must include a member of the national organizations ofgovernors, legislators, state chief justices, attorneys general, and crimevictims. All noncommissioner members of the Interstate Commission shall be exofficio (nonvoting) members. The Interstate Commission may provide in itsbylaws for such additional, ex officio, nonvoting members as it deems necessary.
(c) Each compactingstate represented at any meeting of the Interstate Commission is entitled toone vote. A majority of the compacting states shall constitute a quorum for thetransaction of business, unless a larger quorum is required by the bylaws of theInterstate Commission.
(d) The InterstateCommission shall meet at least once each calendar year. The chairperson maycall additional meetings and, upon the request of 27 or more compacting states,shall call additional meetings. Public notice shall be given of all meetings,and meetings shall be open to the public.
(e) The InterstateCommission shall establish an executive committee that shall include commissionofficers, members, and others as shall be determined by the bylaws. Theexecutive committee oversees the day‑to‑day activities managed bythe executive director and Interstate Commission staff; administers enforcementand compliance with the provisions of the compact, its bylaws, and as directedby the Interstate Commission; and performs other duties as directed by thecommission or set forth in the bylaws.
Article IV.
The State Council.
(a) Each member stateshall create a State Council for Interstate Adult Offender Supervision thatshall be responsible for the appointment of the commissioner who shall serve onthe Interstate Commission from that state. Each state council shall appoint asits commissioner the Compact Administrator from that state to serve on theInterstate Commission in such capacity under or pursuant to applicable law ofthe member state. While each member state may determine the membership of itsown state council, its membership must include at least one representative fromthe legislative, judicial, and executive branches of government, victimsgroups, and compact administrators.
(b) Each compactingstate retains the right to determine the qualifications of the CompactAdministrator, who shall be appointed by the state council or by the Governorin consultation with the legislature and the judiciary. In addition toappointment of its own commissioner to the National Interstate Commission, eachstate council shall exercise oversight and advocacy concerning itsparticipation in Interstate Commission activities and other duties as may bedetermined by each member state including, but not limited to, development ofpolicy operations and procedures of the compact within that state.
Article V.
Powers and Duties of the Interstate Commission.
The Interstate Commissionshall have the following powers:
(1) To adopt a seal andsuitable bylaws governing the management and operation of the interstatecommission.
(2) To promulgate rulesthat shall have the force and effect of statutory law and shall be binding inthe compacting states to the extent and in the manner provided in this compact.
(3) To oversee,supervise, and coordinate the interstate movement of offenders subject to theterms of this compact and any bylaws adopted and rules promulgated by thecompact commission.
(4) To enforcecompliance with compact provisions, Interstate Commission rules, and bylaws,using all necessary and proper means, including, but not limited to, the use ofjudicial process.
(5) To establish andmaintain offices.
(6) To purchase andmaintain insurance and bonds.
(7) To borrow, accept,or contract for services of personnel, including, but not limited to, membersand their staffs.
(8) To establish andappoint committees and hire staff when it deems necessary for the carrying outof its functions including, but not limited to, an executive committee asrequired by Article III which shall have the power to act on behalf of theInterstate Commission in carrying out its powers and duties hereunder.
(9) To elect or appointsuch officers, attorneys, employees, agents, or consultants, and to fix theircompensation, define their duties, and determine their qualifications; and toestablish the Interstate Commission's personnel policies and programs relatingto, among other things, conflicts of interest, rates of compensation, andqualifications of personnel.
(10) To accept any and alldonations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose of same.
(11) To lease, purchase,accept contributions or donations of, or otherwise to own, hold, improve, oruse any property, real, personal, or mixed.
(12) To sell, convey,mortgage, pledge, lease, exchange, abandon, or otherwise dispose of anyproperty, real, personal, or mixed.
(13) To establish a budgetand make expenditures and levy dues as provided in Article X of this compact.
(14) To sue or be sued.
(15) To provide fordispute resolution among compacting states.
(16) To perform suchfunctions as may be necessary or appropriate to achieve the purposes of thiscompact.
(17) To report annually tothe legislatures, governors, judiciary, and state councils of the compactingstates concerning the activities of the Interstate Commission during thepreceding year. Such reports shall also include any recommendations that mayhave been adopted by the Interstate Commission.
(18) To coordinateeducation, training, and public awareness regarding the interstate movement ofoffenders for officials involved in such activity.
(19) To establish uniformstandards for the reporting, collecting, and exchanging of data.
Article VI.
Organization and Operation of the Interstate Commission.
(a) Bylaws. TheInterstate Commission shall, by a majority of the members, within 12 months ofthe first Interstate Commission meeting, adopt bylaws to govern its conduct asmay be necessary or appropriate to carry out the purposes of the compact,including, but not limited to:
(1) Establishing thefiscal year of the Interstate Commission;
(2) Establishing anexecutive committee and such other committees as may be necessary and providingreasonable standards and procedures:
a. For theestablishment of committees, and
b. Governing anygeneral or specific delegation of any authority or function of the InterstateCommission;
(3) Providing reasonableprocedures for calling and conducting meetings of the Interstate Commission,and ensuring reasonable notice of each such meeting;
(4) Establishing thetitles and responsibilities of the officers of the Interstate Commission;
(5) Providing reasonablestandards and procedures for the establishment of the personnel policies andprograms of the Interstate Commission. Notwithstanding any civil service orother similar laws of any compacting state, the bylaws shall exclusively governthe personnel policies and programs of the Interstate Commission;
(6) Providing amechanism for winding up the operations of the Interstate Commission and theequitable return of any surplus funds that may exist upon the termination ofthe compact after the payment and/or reserving of all of its debts andobligations;
(7) Providing transitionrules for "start‑ up" administration of the compact; and
(8) Establishingstandards and procedures for compliance and technical assistance in carryingout the compact.
(b) Officers and Staff. The Interstate Commission shall, by a majority of the members, elect fromamong its members a chair and a vice‑chair, each of whom shall have suchauthorities and duties as may be specified in the bylaws. The chair or, in thechair's absence or disability, the vice‑chair shall preside at allmeetings of the Interstate Commission. The officers so elected shall servewithout compensation or remuneration from the Interstate Commission; providedthat, subject to the availability of budgeted funds, the officers shall bereimbursed for any actual and necessary costs and expenses incurred by them inthe performance of their duties and responsibilities as officers of theInterstate Commission.
TheInterstate Commission shall, through its executive committee, appoint or retainan executive director for such period, upon such terms and conditions and forsuch compensation as the Interstate Commission may deem appropriate. Theexecutive director shall serve as secretary to the Interstate Commission, andhire and supervise such other staff as may be authorized by the InterstateCommission, but shall not be a member.
(c) Corporate Records ofthe Interstate Commission. The Interstate Commission shall maintain itscorporate books and records in accordance with the bylaws.
(d) Qualified Immunity,Defense, and Indemnification. The members, officers, executive director, andemployees of the Interstate Commission shall be immune from suit and liability,either personally or in their official capacity, for any claim for damage to orloss of property or personal injury or other civil liability caused or arisingout of any actual or alleged act, error, or omission that occurred within thescope of Interstate Commission employment, duties, or responsibilities;provided, that nothing in this paragraph shall be construed to protect any suchperson from suit and/or liability for any damage, loss, injury, or liabilitycaused by the intentional or willful and wanton misconduct of any such person.
TheInterstate Commission shall defend the commissioner of a compacting state, orthe commissioner's representatives or employees, or the Interstate Commission'srepresentatives or employees, in any civil action seeking to impose liability,arising out of any actual or alleged act, error, or omission that occurredwithin the scope of Interstate Commission employment, duties, orresponsibilities, 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 wrongdoing on the part of such person.
TheInterstate Commission shall indemnify and hold the commissioner of a compactingstate, the appointed designee or employees, or the Interstate Commission'srepresentatives or employees, harmless in the amount of any settlement orjudgment 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 Commissionemployment, duties, or responsibilities, provided that the actual or allegedact, error, or omission did not result from gross negligence or intentionalwrongdoing on the part of such person.
Article VII.
Activities of the Interstate Commission.
(a) The interstatecommission shall meet and take such actions as are consistent with theprovisions of this compact.
(b) Except as otherwiseprovided in this compact and unless a greater percentage is required by thebylaws, in order to constitute an act of the Interstate Commission, such actshall have been taken at a meeting of the Interstate Commission and shall havereceived an affirmative vote of a majority of the members present.
(c) Each member of theInterstate Commission shall have the right and power to cast a vote to whichthe compacting state is entitled and to participate in the business and affairsof the Interstate Commission. A member shall vote in person on behalf of thestate and shall not delegate a vote to another member state. However, a statecouncil shall appoint another authorized representative, in the absence of thecommissioner from that state, to cast a vote on behalf of the member state at aspecified meeting. The bylaws may provide for members' participation inmeetings by telephone or other means of telecommunication or electroniccommunication. Any voting conducted by telephone or other means oftelecommunication or electronic communication shall be subject to the samequorum requirements of meetings where members are present in person.
(d) The InterstateCommission shall meet at least once during each calendar year. The chairpersonof the Interstate Commission may call additional meetings at any time and, uponthe request of a majority of the members, shall call additional meetings.
(e) The InterstateCommission's bylaws shall establish conditions and procedures under which theInterstate Commission shall make its information and official records availableto the public for inspection or copying. The Interstate Commission may exemptfrom disclosure any information or official records to the extent they wouldadversely affect personal privacy rights or proprietary interests. Inpromulgating such rules, the Interstate Commission may make available to lawenforcement agencies records and information otherwise exempt from disclosure,and may enter into agreements with law enforcement agencies to receive orexchange information or records subject to nondisclosure and confidentialityprovisions.
(f) 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. TheInterstate Commission shall promulgate rules consistent with the principlescontained in the "Government in Sunshine Act", U.S.C. § 552(b), asmay be amended. The Interstate Commission and any of its committees may close ameeting to the public where it determines by two‑thirds vote that an openmeeting would be likely to:
(1) Relate solely to theInterstate Commission's internal personnel practices and procedures;
(2) Disclose mattersspecifically exempted from disclosure by statute;
(3) Disclose tradesecrets or commercial or financial information which is privileged orconfidential;
(4) Involve accusing anyperson of a crime or formally censuring any person;
(5) Disclose informationof a personal nature where disclosure would constitute a clearly unwarrantedinvasion of personal privacy;
(6) Discloseinvestigatory records compiled for law enforcement purposes;
(7) Disclose informationcontained in or related to examination, operating, or condition reportsprepared by, on behalf of, or for the use of, the Interstate Commission withrespect to a regulated entity for the purpose of regulation or supervision ofsuch entity;
(8) Discloseinformation, the premature disclosure of which would significantly endanger thelife of a person or the stability of a regulated entity; and
(9) Specifically relateto the Interstate Commission's issuance of a subpoena, or its participation ina civil action or proceeding.
(g) For every meetingclosed pursuant to this provision, the Interstate Commission's chief legalofficer shall publicly certify that, in the officer's opinion, the meeting maybe closed to the public and shall reference each relevant exemptive provision.The Interstate Commission shall keep minutes which shall fully and clearlydescribe all matters discussed in any meeting and shall provide a full and accuratesummary of any actions taken and the reasons therefor, including a descriptionof each of the views expressed on any item and the record of any recall vote(reflected in the vote of each member on the question). All documentsconsidered in connection with any action shall be identified in such minutes.
(h) The InterstateCommission shall collect standardized data concerning the interstate movementof offenders as directed through its bylaws and rules which shall specify thedata to be collected, the means of collection, and data exchange and reportingrequirements.
Article VIII.
Rule‑making Functions of the Interstate Commission.
(a) The InterstateCommission shall promulgate rules in order to effectively and efficientlyachieve the purposes of the compact including transition rules governingadministration of the compact during the period in which it is being consideredand enacted by the states.
(b) Rule making shalloccur pursuant to the criteria set forth in this article and the bylaws andrules adopted pursuant thereto. Such rule making shall substantially conform tothe principles of the federal Administrative Procedure Act, 5 U.S.C.S. section551, et seq., and the Federal Advisory Committee Act, 5 U.S.C. § 1, et seq., asmay be amended (hereinafter "APA"). All rules and amendments shallbecome binding as of the date specified in each rule or amendment.
(c) If a majority of thelegislatures of the compacting states rejects a rule, by enactment of a statuteor resolution in the same manner used to adopt the compact, then such ruleshall have no further force and effect in any compacting state.
(d) When promulgating arule, the Interstate Commission shall:
(1) Publish the proposedrule stating with particularity the text of the rule that is proposed and thereason for the proposed rule;
(2) Allow persons tosubmit written data, facts, opinions, and arguments, which information shall bepublicly available;
(3) Provide anopportunity for an informal hearing; and
(4) Promulgate a finalrule and its effective date, if appropriate, based on the rule‑ makingrecord. Not later than 60 days after a rule is promulgated, any interestedperson may file a petition in the United States District Court for the Districtof Columbia or in the Federal District Court where the Interstate Commission'sprinciple office is located for judicial review of such rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence, (as defined in the APA), in the rule‑making record, the courtshall hold the rule unlawful and set it aside. Subjects to be addressed within12 months after the first meeting must, at a minimum, include:
a. Notice to victimsand opportunity to be heard;
b. Offenderregistration and compliance;
c. Violations/returns;
d. Transfer proceduresand forms;
e. Eligibility fortransfer;
f. Collection ofrestitution and fees from offenders;
g. Data collection andreporting;
h. The level ofsupervision to be provided by the receiving state;
i. Transition rulesgoverning the operation of the compact and the Interstate Commission during allor part of the period between the effective date of the compact and the date onwhich the last eligible state adopts the compact; and
j. Mediation,arbitration, and dispute resolution.
(e) The existing rulesgoverning the operation of the previous compact superceded by this Act shall benull and void 12 months after the first meeting of the Interstate Commissioncreated hereunder.
(f) Upon determinationby the Interstate Commission that an emergency exists, it may promulgate anemergency rule which shall become effective immediately upon adoption, providedthat the usual rule‑making procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, in no eventlater than 90 days after the effective date of the rule.
Article IX.
Oversight, Enforcement, and Dispute Resolution by the InterstateCommission.
(a) Oversight. TheInterstate Commission shall oversee the interstate movement of adult offendersin the compacting states and shall monitor such activities being administeredin noncompacting states that may significantly affect compacting states.
Thecourts and executive agencies in each compacting state shall enforce thiscompact and shall take all actions necessary and appropriate to effectuate thecompact's purposes and intent. In any judicial or administrative proceeding ina compacting state pertaining to the subject matter of this compact which mayaffect the powers, responsibilities, or actions of the Interstate Commission,the Interstate Commission shall be entitled to receive all service of processin any such proceeding and shall have standing to intervene in the proceedingfor all purposes.
(b) Dispute Resolution. The compacting states shall report to the Interstate Commission on issues oractivities of concern to them and cooperate with and support the InterstateCommission in the discharge of its duties and responsibilities.
TheInterstate Commission shall attempt to resolve any disputes or other issueswhich are subject to the compact and which may arise among compacting statesand noncompacting states.
TheInterstate Commission shall enact a bylaw or promulgate a rule providing forboth mediation and binding dispute resolution for disputes among the compactingstates.
(c) Enforcement. TheInterstate Commission, in the reasonable exercise of its discretion, shallenforce the provisions of this compact using any and all means set forth inArticle XII, subsection (b) of this compact.
Article X.
Finance.
(a) The InterstateCommission shall pay or provide for the payment of the reasonable expenses ofits establishment, organization, and ongoing activities.
(b) The InterstateCommission shall levy on and collect an annual assessment for each compactingstate to cover the cost of the internal operations and activities of theInterstate Commission and its staff that must be in a total amount sufficientto cover the Interstate Commission's annual budget as approved each year. Theaggregate annual assessment amount shall be allocated based upon a formula tobe determined by the Interstate Commission, taking into consideration thepopulation of the state and the volume of interstate movement of offenders ineach compacting state and shall promulgate a rule binding upon all compactingstates which governs said assessment.
(c) The InterstateCommission shall not incur any obligations of any kind prior to securing thefunds adequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of the compacting states, except by and with the authority of thecompacting state.
(d) The InterstateCommission shall keep accurate accounts of all receipts and disbursements. Thereceipts and disbursements of the Interstate Commission shall be subject to theaudit and accounting procedures established under its bylaws. However, allreceipts and disbursements of funds handled by the Interstate Commission shallbe audited yearly by a certified or licensed public accountant, and the reportof the audit shall be included in and become part of the annual report of theInterstate Commission.
Article XI.
Compacting State, Effective Date, and Amendment.
(a) Any state, asdefined in article ii of this compact, is eligible to become a compactingstate.
(b) The compact shallbecome effective and binding upon legislative enactment of the compact into lawby no less than 35 of the states. The initial effective date shall be the laterof July 1, 2002, or upon enactment into law by the 35th jurisdiction. Therefore,it shall become effective and binding as to any other compacting state, uponenactment of the compact into law by that state. The governors of nonmemberstates or their designees will be invited to participate in InterstateCommission activities on a nonvoting basis prior to adoption of the compact byall states and territories of the United States.
(c) Amendments to thecompact may be proposed by the Interstate Commission for enactment by thecompacting states. No amendment shall become effective and binding upon theInterstate Commission and the compacting states unless and until it is enactedinto law by unanimous consent of the compacting states.
Article XII.
Withdrawal, Default, Termination, and Judicial Enforcement.
(a) Withdrawal. Onceeffective, the compact shall continue in force and remain binding upon each andevery compacting state; provided that a compacting state may withdraw from thecompact ("withdrawing state") by enacting a statute specificallyrepealing the statute which enacted the compact into law.
Theeffective date of withdrawal is the effective date of the repeal.
Thewithdrawing state shall immediately notify the Chair of the InterstateCommission in writing upon the introduction of legislation repealing thiscompact in the withdrawing state. The Interstate Commission shall notify theother compacting states of the withdrawing state's intent to withdraw within 60days of its receipt thereof.
Thewithdrawing state is responsible for all assessments, obligations, andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
Reinstatementfollowing withdrawal of any compacting state shall occur upon the withdrawingstate's reenacting the compact or upon such later date as determined by theInterstate Commission.
(b) Default. If theInterstate Commission determines that any compacting state has at any timedefaulted ("defaulting state") in the performance of any of itsobligations or responsibilities under this compact, the bylaws, or any dulypromulgated rules, the Interstate Commission may impose any or all of thefollowing penalties:
(1) Fines, fees, andcosts in such amounts as are deemed to be reasonable as fixed by the InterstateCommission;
(2) Remedial trainingand technical assistance as directed by the Interstate Commission;
(3) Suspension andtermination of membership in the compact. Suspension shall be imposed onlyafter all other reasonable means of securing compliance under the bylaws andrules have been exhausted. Immediate notice of suspension shall be given by theInterstate Commission to the Governor; the Chief Justice or Chief JudicialOfficer of the state; the Majority and Minority Leaders of the defaulting state'slegislature; and the state council.
Thegrounds of default include, but are not limited to, failure of a compactingstate to perform such obligations or responsibilities imposed upon it by thiscompact, Interstate Commission bylaws, or duly promulgated rules. TheInterstate Commission shall immediately notify the defaulting state in writingof the penalty imposed by the Interstate Commission on the defaulting statepending a cure of the default. The Interstate Commission shall stipulate theconditions and the time period within which the defaulting state must cure itsdefault. If the defaulting state fails to cure the default within the timeperiod specified by the Interstate Commission, in addition to any otherpenalties imposed herein, the defaulting state may be terminated from thecompact upon an affirmative vote of a majority of the compacting states, andall rights, privileges, and benefits conferred by this compact shall beterminated from the effective date of suspension. Within 60 days of the effectivedate of termination of a defaulting state, the Interstate Commission shallnotify the Governor; the Chief Justice or Chief Judicial Officer of the state;the Majority and Minority Leaders of the defaulting state's legislature; andthe state council of such termination.
Thedefaulting state is responsible for all assessments, obligations, andliabilities incurred through the effective date of termination, including anyobligations the performance of which extends beyond the effective date oftermination.
TheInterstate Commission shall not bear any costs relating to the defaulting stateunless otherwise mutually agreed upon between the Interstate Commission and thedefaulting state. Reinstatement following termination of any compacting staterequires both a reenactment of the compact by the defaulting state and theapproval of the Interstate Commission pursuant to the rules.
(c) JudicialEnforcement. The Interstate Commission may, by majority vote of the members,initiate legal action in the United States District Court for the District ofColumbia or, at the discretion of the Interstate Commission, in the FederalDistrict where the Interstate Commission has its offices to enforce compliancewith the provisions of the compact, its duly promulgated rules and bylawsagainst any compacting state in default. In the event judicial enforcement isnecessary, the prevailing party shall be awarded all costs of such litigationincluding reasonable attorney's fees.
(d) Dissolution ofCompact. The compact dissolves effective upon the date of the withdrawal ordefault of the compacting state that reduces membership in the compact to onecompacting state.
Uponthe dissolution of this compact, the compact becomes null and void and shall beof no further force or effect, and the business and affairs of the InterstateCommission shall be wound up, and any surplus funds shall be distributed inaccordance with the bylaws.
Article XIII.
Severability and Construction.
(a) The provisions ofthis compact shall be severable, and if any phrase, clause, sentence, orprovision is deemed unenforceable, the remaining provision of the compact shallbe enforceable.
(b) The provisions ofthis compact shall be liberally constructed to effectuate its purposes.
Article XIV.
Binding Effect of Compact and Other Laws.
(a) Other Laws. Nothingherein prevents the enforcement of any other law of a compacting state that isnot inconsistent with this compact.
Allcompacting states' laws conflicting with this compact are superseded to theextent of the conflict.
(b) Binding Effect ofthe Compact. All lawful actions of the Interstate Commission, including allrules and bylaws promulgated by the Interstate Commission, are binding upon thecompacting states.
Allagreements between the Interstate Commission and the compacting states arebinding in accordance with their terms.
Uponthe 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.
Inthe event any provision of this compact exceeds the constitutional limitsimposed on the legislature of any compacting state, the obligations, duties,powers, or jurisdiction sought to be conferred by such provision upon theInterstate Commission shall be ineffective, and such obligations, duties,powers, or jurisdiction shall remain in the compacting state and shall beexercised by the agency thereof to which such obligations, duties, powers, orjurisdiction are delegated by law in effect at the time this compact becomeseffective. (2002‑166,s. 1; 2008‑189, s. 1.)
§ 148‑65.5. Governor toexecute compact; form of compact.
The Governor of North Carolinais authorized and directed to execute a compact on behalf of the State of NorthCarolina with any state of the United States legally joining therein in theform substantially as follows:
Preamble.
Whereas: The InterstateCompact for the Supervision of Parolees and Probationers was established in1937, it is the earliest corrections "compact" established among thestates, and has not been amended since its adoption over 62 years ago;
Whereas: This compact is theonly vehicle for the controlled movement of adult parolees and probationersacross state lines, and it currently has jurisdiction over more than a quarterof a million offenders;
Whereas: The complexities ofthe compact have become more difficult to administer, and many jurisdictionshave expanded supervision expectations to include currently unregulatedpractices such as victim input, victim notification requirements, and sexoffender registration;
Whereas: After hearings,national surveys, and a detailed study by a task force appointed by theNational Institute of Corrections, the overwhelming recommendation has been toamend the document to bring about an effective management capacity thataddresses public safety concerns and offender accountability;
Whereas: The General Assemblyhereby finds, determines, and declares that this act is necessary for theimmediate preservation of the public peace, health, and safety. The Governor ishereby authorized and directed to enter into a compact on behalf of the Stateof North Carolina with any state of the United States and other territorialpossessions of the United States legally joining therein in the formsubstantially as follows;
Whereas: Upon the adoption ofthis Interstate Compact for Adult Offender Supervision, it is the intention ofthe General Assembly to repeal the previous Interstate Compact for theSupervision of Parolees and Probationers one year after the effective date ofthis compact.
Article I.
Purpose.
(a) The compactingstates to this Interstate Compact recognize that each state is responsible forthe supervision of adult offenders in the community who are authorized pursuantto the bylaws and rules of this compact to travel across state lines both to andfrom each compacting state in such a manner as to track the location ofoffenders, transfer supervision authority in an orderly and efficient manner,and when necessary return offenders to the originating jurisdictions. Thecompacting states also recognize that Congress, by enacting the Crime ControlAct, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts forcooperative efforts and mutual assistance in the prevention of crime.
(b) It is the purpose ofthis compact and the Interstate Commission created hereunder, through means ofjoint and cooperative action among the compacting states:
(1) To provide theframework for the promotion of public safety and to protect the rights ofvictims through the control and regulation of the interstate movement ofoffenders in the community;
(2) To provide for theeffective tracking, supervision, and rehabilitation of these offenders by thesending and receiving states; and
(3) To equitablydistribute the costs, benefits, and obligations of the compact among thecompacting states.
(c) In addition, thiscompact will:
(1) Create an InterstateCommission which will establish uniform procedures to manage the movementbetween states of adults placed under community supervision and released to thecommunity under the jurisdiction of courts, paroling authorities, corrections,or other criminal justice agencies, which will promulgate rules to achieve thepurpose of this compact;
(2) Ensure anopportunity for input and timely notice to victims and to jurisdictions where definedoffenders are authorized to travel or to relocate across state lines;
(3) Establish a systemof uniform data collection, access to information on active cases by authorizedcriminal justice officials, and regular reporting of compact activities to headsof state councils, state executive, judicial, and legislative branches andcriminal justice administrators;
(4) Monitor compliancewith rules governing interstate movement of offenders and initiateinterventions to address and correct noncompliance; and
(5) Coordinate trainingand education regarding regulations of interstate movement of offenders forofficials involved in such activity.
(d) The compactingstates recognize that there is no "right" of any offender to live inanother state and that duly accredited officers of a sending state may at alltimes enter a receiving state and there apprehend and retake any offender undersupervision subject to the provision of this compact and bylaws and rulespromulgated hereunder. It is the policy of the compacting states that theactivities conducted by the Interstate Commission created herein are theformation of the public policies and are therefore public business.
Article II.
Definitions.
(a) As used in thiscompact, unless the context clearly requires a different construction:
(1) "Adult"means both individuals legally classified as adults and juveniles treated asadults by court order, statute, or operation of law.
(2) "Bylaws"means those bylaws established by the Interstate Commission for its governance,or for directing or controlling the Interstate Commission's actions or conduct.
(3) "CompactAdministrator" means the individual in each compacting state appointedpursuant to the terms of this compact responsible for the administration andmanagement of the state's supervision and transfer of offenders subject to theterms of this compact, the rules adopted by the Interstate Commission, andpolicies adopted by the state council under this compact.
(4) "Compactingstate" means any state that has enacted the enabling legislation for thiscompact.
(5) "Commissioner"means the voting representative of each compacting state appointed pursuant toArticle III of this compact.
(6) "InterstateCommission" means the Interstate Commission for Adult Offender Supervisionestablished by this compact.
(7) "Member"means the commissioner of a compacting state or designee, who shall be a personofficially connected with the commissioner.
(8) "Noncompactingstate" means any state that has not enacted the enabling legislation forthis compact.
(9) "Offender"means an adult placed under, or subject to, supervision as the result of thecommission of a criminal offense and released to the community under thejurisdiction of courts, paroling authorities, corrections, or other criminaljustice agencies.
(10) "Person"means any individual, corporation, business enterprise, or other legal entity,either public or private.
(11) "Rules"means acts of the Interstate Commission, duly promulgated pursuant to ArticleVIII of this compact, substantially affecting interested parties in addition tothe Interstate Commission, which shall have the force and effect of law in thecompacting states.
(12) "State"means a state of the United States, the District of Columbia, and any otherterritorial possessions of the United States.
(13) "Statecouncil" means the resident member of the State Council for InterstateAdult Offender Supervision created by each state under Article III of thiscompact.
Article III.
The Compact Commission.
(a) The compactingstates hereby create the "Interstate Commission for Adult OffenderSupervision". The Interstate Commission shall be a body corporate andjoint agency of the compacting states. The Interstate Commission shall have allthe responsibilities, powers, and duties set forth herein, including the powerto sue and be sued, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting states inaccordance with the terms of this compact.
(b) The InterstateCommission shall consist of commissioners selected and appointed by residentmembers of a State Council for Interstate Adult Offender Supervision for eachstate. In addition to the commissioners who are the voting representatives ofeach state, the Interstate Commission shall include individuals who are notcommissioners but who are members of interested organizations; suchnoncommissioner members must include a member of the national organizations ofgovernors, legislators, state chief justices, attorneys general, and crimevictims. All noncommissioner members of the Interstate Commission shall be exofficio (nonvoting) members. The Interstate Commission may provide in itsbylaws for such additional, ex officio, nonvoting members as it deems necessary.
(c) Each compactingstate represented at any meeting of the Interstate Commission is entitled toone vote. A majority of the compacting states shall constitute a quorum for thetransaction of business, unless a larger quorum is required by the bylaws of theInterstate Commission.
(d) The InterstateCommission shall meet at least once each calendar year. The chairperson maycall additional meetings and, upon the request of 27 or more compacting states,shall call additional meetings. Public notice shall be given of all meetings,and meetings shall be open to the public.
(e) The InterstateCommission shall establish an executive committee that shall include commissionofficers, members, and others as shall be determined by the bylaws. Theexecutive committee oversees the day‑to‑day activities managed bythe executive director and Interstate Commission staff; administers enforcementand compliance with the provisions of the compact, its bylaws, and as directedby the Interstate Commission; and performs other duties as directed by thecommission or set forth in the bylaws.
Article IV.
The State Council.
(a) Each member stateshall create a State Council for Interstate Adult Offender Supervision thatshall be responsible for the appointment of the commissioner who shall serve onthe Interstate Commission from that state. Each state council shall appoint asits commissioner the Compact Administrator from that state to serve on theInterstate Commission in such capacity under or pursuant to applicable law ofthe member state. While each member state may determine the membership of itsown state council, its membership must include at least one representative fromthe legislative, judicial, and executive branches of government, victimsgroups, and compact administrators.
(b) Each compactingstate retains the right to determine the qualifications of the CompactAdministrator, who shall be appointed by the state council or by the Governorin consultation with the legislature and the judiciary. In addition toappointment of its own commissioner to the National Interstate Commission, eachstate council shall exercise oversight and advocacy concerning itsparticipation in Interstate Commission activities and other duties as may bedetermined by each member state including, but not limited to, development ofpolicy operations and procedures of the compact within that state.
Article V.
Powers and Duties of the Interstate Commission.
The Interstate Commissionshall have the following powers:
(1) To adopt a seal andsuitable bylaws governing the management and operation of the interstatecommission.
(2) To promulgate rulesthat shall have the force and effect of statutory law and shall be binding inthe compacting states to the extent and in the manner provided in this compact.
(3) To oversee,supervise, and coordinate the interstate movement of offenders subject to theterms of this compact and any bylaws adopted and rules promulgated by thecompact commission.
(4) To enforcecompliance with compact provisions, Interstate Commission rules, and bylaws,using all necessary and proper means, including, but not limited to, the use ofjudicial process.
(5) To establish andmaintain offices.
(6) To purchase andmaintain insurance and bonds.
(7) To borrow, accept,or contract for services of personnel, including, but not limited to, membersand their staffs.
(8) To establish andappoint committees and hire staff when it deems necessary for the carrying outof its functions including, but not limited to, an executive committee asrequired by Article III which shall have the power to act on behalf of theInterstate Commission in carrying out its powers and duties hereunder.
(9) To elect or appointsuch officers, attorneys, employees, agents, or consultants, and to fix theircompensation, define their duties, and determine their qualifications; and toestablish the Interstate Commission's personnel policies and programs relatingto, among other things, conflicts of interest, rates of compensation, andqualifications of personnel.
(10) To accept any and alldonations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose of same.
(11) To lease, purchase,accept contributions or donations of, or otherwise to own, hold, improve, oruse any property, real, personal, or mixed.
(12) To sell, convey,mortgage, pledge, lease, exchange, abandon, or otherwise dispose of anyproperty, real, personal, or mixed.
(13) To establish a budgetand make expenditures and levy dues as provided in Article X of this compact.
(14) To sue or be sued.
(15) To provide fordispute resolution among compacting states.
(16) To perform suchfunctions as may be necessary or appropriate to achieve the purposes of thiscompact.
(17) To report annually tothe legislatures, governors, judiciary, and state councils of the compactingstates concerning the activities of the Interstate Commission during thepreceding year. Such reports shall also include any recommendations that mayhave been adopted by the Interstate Commission.
(18) To coordinateeducation, training, and public awareness regarding the interstate movement ofoffenders for officials involved in such activity.
(19) To establish uniformstandards for the reporting, collecting, and exchanging of data.
Article VI.
Organization and Operation of the Interstate Commission.
(a) Bylaws. TheInterstate Commission shall, by a majority of the members, within 12 months ofthe first Interstate Commission meeting, adopt bylaws to govern its conduct asmay be necessary or appropriate to carry out the purposes of the compact,including, but not limited to:
(1) Establishing thefiscal year of the Interstate Commission;
(2) Establishing anexecutive committee and such other committees as may be necessary and providingreasonable standards and procedures:
a. For theestablishment of committees, and
b. Governing anygeneral or specific delegation of any authority or function of the InterstateCommission;
(3) Providing reasonableprocedures for calling and conducting meetings of the Interstate Commission,and ensuring reasonable notice of each such meeting;
(4) Establishing thetitles and responsibilities of the officers of the Interstate Commission;
(5) Providing reasonablestandards and procedures for the establishment of the personnel policies andprograms of the Interstate Commission. Notwithstanding any civil service orother similar laws of any compacting state, the bylaws shall exclusively governthe personnel policies and programs of the Interstate Commission;
(6) Providing amechanism for winding up the operations of the Interstate Commission and theequitable return of any surplus funds that may exist upon the termination ofthe compact after the payment and/or reserving of all of its debts andobligations;
(7) Providing transitionrules for "start‑ up" administration of the compact; and
(8) Establishingstandards and procedures for compliance and technical assistance in carryingout the compact.
(b) Officers and Staff. The Interstate Commission shall, by a majority of the members, elect fromamong its members a chair and a vice‑chair, each of whom shall have suchauthorities and duties as may be specified in the bylaws. The chair or, in thechair's absence or disability, the vice‑chair shall preside at allmeetings of the Interstate Commission. The officers so elected shall servewithout compensation or remuneration from the Interstate Commission; providedthat, subject to the availability of budgeted funds, the officers shall bereimbursed for any actual and necessary costs and expenses incurred by them inthe performance of their duties and responsibilities as officers of theInterstate Commission.
TheInterstate Commission shall, through its executive committee, appoint or retainan executive director for such period, upon such terms and conditions and forsuch compensation as the Interstate Commission may deem appropriate. Theexecutive director shall serve as secretary to the Interstate Commission, andhire and supervise such other staff as may be authorized by the InterstateCommission, but shall not be a member.
(c) Corporate Records ofthe Interstate Commission. The Interstate Commission shall maintain itscorporate books and records in accordance with the bylaws.
(d) Qualified Immunity,Defense, and Indemnification. The members, officers, executive director, andemployees of the Interstate Commission shall be immune from suit and liability,either personally or in their official capacity, for any claim for damage to orloss of property or personal injury or other civil liability caused or arisingout of any actual or alleged act, error, or omission that occurred within thescope of Interstate Commission employment, duties, or responsibilities;provided, that nothing in this paragraph shall be construed to protect any suchperson from suit and/or liability for any damage, loss, injury, or liabilitycaused by the intentional or willful and wanton misconduct of any such person.
TheInterstate Commission shall defend the commissioner of a compacting state, orthe commissioner's representatives or employees, or the Interstate Commission'srepresentatives or employees, in any civil action seeking to impose liability,arising out of any actual or alleged act, error, or omission that occurredwithin the scope of Interstate Commission employment, duties, orresponsibilities, 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 wrongdoing on the part of such person.
TheInterstate Commission shall indemnify and hold the commissioner of a compactingstate, the appointed designee or employees, or the Interstate Commission'srepresentatives or employees, harmless in the amount of any settlement orjudgment 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 Commissionemployment, duties, or responsibilities, provided that the actual or allegedact, error, or omission did not result from gross negligence or intentionalwrongdoing on the part of such person.
Article VII.
Activities of the Interstate Commission.
(a) The interstatecommission shall meet and take such actions as are consistent with theprovisions of this compact.
(b) Except as otherwiseprovided in this compact and unless a greater percentage is required by thebylaws, in order to constitute an act of the Interstate Commission, such actshall have been taken at a meeting of the Interstate Commission and shall havereceived an affirmative vote of a majority of the members present.
(c) Each member of theInterstate Commission shall have the right and power to cast a vote to whichthe compacting state is entitled and to participate in the business and affairsof the Interstate Commission. A member shall vote in person on behalf of thestate and shall not delegate a vote to another member state. However, a statecouncil shall appoint another authorized representative, in the absence of thecommissioner from that state, to cast a vote on behalf of the member state at aspecified meeting. The bylaws may provide for members' participation inmeetings by telephone or other means of telecommunication or electroniccommunication. Any voting conducted by telephone or other means oftelecommunication or electronic communication shall be subject to the samequorum requirements of meetings where members are present in person.
(d) The InterstateCommission shall meet at least once during each calendar year. The chairpersonof the Interstate Commission may call additional meetings at any time and, uponthe request of a majority of the members, shall call additional meetings.
(e) The InterstateCommission's bylaws shall establish conditions and procedures under which theInterstate Commission shall make its information and official records availableto the public for inspection or copying. The Interstate Commission may exemptfrom disclosure any information or official records to the extent they wouldadversely affect personal privacy rights or proprietary interests. Inpromulgating such rules, the Interstate Commission may make available to lawenforcement agencies records and information otherwise exempt from disclosure,and may enter into agreements with law enforcement agencies to receive orexchange information or records subject to nondisclosure and confidentialityprovisions.
(f) 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. TheInterstate Commission shall promulgate rules consistent with the principlescontained in the "Government in Sunshine Act", U.S.C. § 552(b), asmay be amended. The Interstate Commission and any of its committees may close ameeting to the public where it determines by two‑thirds vote that an openmeeting would be likely to:
(1) Relate solely to theInterstate Commission's internal personnel practices and procedures;
(2) Disclose mattersspecifically exempted from disclosure by statute;
(3) Disclose tradesecrets or commercial or financial information which is privileged orconfidential;
(4) Involve accusing anyperson of a crime or formally censuring any person;
(5) Disclose informationof a personal nature where disclosure would constitute a clearly unwarrantedinvasion of personal privacy;
(6) Discloseinvestigatory records compiled for law enforcement purposes;
(7) Disclose informationcontained in or related to examination, operating, or condition reportsprepared by, on behalf of, or for the use of, the Interstate Commission withrespect to a regulated entity for the purpose of regulation or supervision ofsuch entity;
(8) Discloseinformation, the premature disclosure of which would significantly endanger thelife of a person or the stability of a regulated entity; and
(9) Specifically relateto the Interstate Commission's issuance of a subpoena, or its participation ina civil action or proceeding.
(g) For every meetingclosed pursuant to this provision, the Interstate Commission's chief legalofficer shall publicly certify that, in the officer's opinion, the meeting maybe closed to the public and shall reference each relevant exemptive provision.The Interstate Commission shall keep minutes which shall fully and clearlydescribe all matters discussed in any meeting and shall provide a full and accuratesummary of any actions taken and the reasons therefor, including a descriptionof each of the views expressed on any item and the record of any recall vote(reflected in the vote of each member on the question). All documentsconsidered in connection with any action shall be identified in such minutes.
(h) The InterstateCommission shall collect standardized data concerning the interstate movementof offenders as directed through its bylaws and rules which shall specify thedata to be collected, the means of collection, and data exchange and reportingrequirements.
Article VIII.
Rule‑making Functions of the Interstate Commission.
(a) The InterstateCommission shall promulgate rules in order to effectively and efficientlyachieve the purposes of the compact including transition rules governingadministration of the compact during the period in which it is being consideredand enacted by the states.
(b) Rule making shalloccur pursuant to the criteria set forth in this article and the bylaws andrules adopted pursuant thereto. Such rule making shall substantially conform tothe principles of the federal Administrative Procedure Act, 5 U.S.C.S. section551, et seq., and the Federal Advisory Committee Act, 5 U.S.C. § 1, et seq., asmay be amended (hereinafter "APA"). All rules and amendments shallbecome binding as of the date specified in each rule or amendment.
(c) If a majority of thelegislatures of the compacting states rejects a rule, by enactment of a statuteor resolution in the same manner used to adopt the compact, then such ruleshall have no further force and effect in any compacting state.
(d) When promulgating arule, the Interstate Commission shall:
(1) Publish the proposedrule stating with particularity the text of the rule that is proposed and thereason for the proposed rule;
(2) Allow persons tosubmit written data, facts, opinions, and arguments, which information shall bepublicly available;
(3) Provide anopportunity for an informal hearing; and
(4) Promulgate a finalrule and its effective date, if appropriate, based on the rule‑ makingrecord. Not later than 60 days after a rule is promulgated, any interestedperson may file a petition in the United States District Court for the Districtof Columbia or in the Federal District Court where the Interstate Commission'sprinciple office is located for judicial review of such rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence, (as defined in the APA), in the rule‑making record, the courtshall hold the rule unlawful and set it aside. Subjects to be addressed within12 months after the first meeting must, at a minimum, include:
a. Notice to victimsand opportunity to be heard;
b. Offenderregistration and compliance;
c. Violations/returns;
d. Transfer proceduresand forms;
e. Eligibility fortransfer;
f. Collection ofrestitution and fees from offenders;
g. Data collection andreporting;
h. The level ofsupervision to be provided by the receiving state;
i. Transition rulesgoverning the operation of the compact and the Interstate Commission during allor part of the period between the effective date of the compact and the date onwhich the last eligible state adopts the compact; and
j. Mediation,arbitration, and dispute resolution.
(e) The existing rulesgoverning the operation of the previous compact superceded by this Act shall benull and void 12 months after the first meeting of the Interstate Commissioncreated hereunder.
(f) Upon determinationby the Interstate Commission that an emergency exists, it may promulgate anemergency rule which shall become effective immediately upon adoption, providedthat the usual rule‑making procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, in no eventlater than 90 days after the effective date of the rule.
Article IX.
Oversight, Enforcement, and Dispute Resolution by the InterstateCommission.
(a) Oversight. TheInterstate Commission shall oversee the interstate movement of adult offendersin the compacting states and shall monitor such activities being administeredin noncompacting states that may significantly affect compacting states.
Thecourts and executive agencies in each compacting state shall enforce thiscompact and shall take all actions necessary and appropriate to effectuate thecompact's purposes and intent. In any judicial or administrative proceeding ina compacting state pertaining to the subject matter of this compact which mayaffect the powers, responsibilities, or actions of the Interstate Commission,the Interstate Commission shall be entitled to receive all service of processin any such proceeding and shall have standing to intervene in the proceedingfor all purposes.
(b) Dispute Resolution. The compacting states shall report to the Interstate Commission on issues oractivities of concern to them and cooperate with and support the InterstateCommission in the discharge of its duties and responsibilities.
TheInterstate Commission shall attempt to resolve any disputes or other issueswhich are subject to the compact and which may arise among compacting statesand noncompacting states.
TheInterstate Commission shall enact a bylaw or promulgate a rule providing forboth mediation and binding dispute resolution for disputes among the compactingstates.
(c) Enforcement. TheInterstate Commission, in the reasonable exercise of its discretion, shallenforce the provisions of this compact using any and all means set forth inArticle XII, subsection (b) of this compact.
Article X.
Finance.
(a) The InterstateCommission shall pay or provide for the payment of the reasonable expenses ofits establishment, organization, and ongoing activities.
(b) The InterstateCommission shall levy on and collect an annual assessment for each compactingstate to cover the cost of the internal operations and activities of theInterstate Commission and its staff that must be in a total amount sufficientto cover the Interstate Commission's annual budget as approved each year. Theaggregate annual assessment amount shall be allocated based upon a formula tobe determined by the Interstate Commission, taking into consideration thepopulation of the state and the volume of interstate movement of offenders ineach compacting state and shall promulgate a rule binding upon all compactingstates which governs said assessment.
(c) The InterstateCommission shall not incur any obligations of any kind prior to securing thefunds adequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of the compacting states, except by and with the authority of thecompacting state.
(d) The InterstateCommission shall keep accurate accounts of all receipts and disbursements. Thereceipts and disbursements of the Interstate Commission shall be subject to theaudit and accounting procedures established under its bylaws. However, allreceipts and disbursements of funds handled by the Interstate Commission shallbe audited yearly by a certified or licensed public accountant, and the reportof the audit shall be included in and become part of the annual report of theInterstate Commission.
Article XI.
Compacting State, Effective Date, and Amendment.
(a) Any state, asdefined in article ii of this compact, is eligible to become a compactingstate.
(b) The compact shallbecome effective and binding upon legislative enactment of the compact into lawby no less than 35 of the states. The initial effective date shall be the laterof July 1, 2002, or upon enactment into law by the 35th jurisdiction. Therefore,it shall become effective and binding as to any other compacting state, uponenactment of the compact into law by that state. The governors of nonmemberstates or their designees will be invited to participate in InterstateCommission activities on a nonvoting basis prior to adoption of the compact byall states and territories of the United States.
(c) Amendments to thecompact may be proposed by the Interstate Commission for enactment by thecompacting states. No amendment shall become effective and binding upon theInterstate Commission and the compacting states unless and until it is enactedinto law by unanimous consent of the compacting states.
Article XII.
Withdrawal, Default, Termination, and Judicial Enforcement.
(a) Withdrawal. Onceeffective, the compact shall continue in force and remain binding upon each andevery compacting state; provided that a compacting state may withdraw from thecompact ("withdrawing state") by enacting a statute specificallyrepealing the statute which enacted the compact into law.
Theeffective date of withdrawal is the effective date of the repeal.
Thewithdrawing state shall immediately notify the Chair of the InterstateCommission in writing upon the introduction of legislation repealing thiscompact in the withdrawing state. The Interstate Commission shall notify theother compacting states of the withdrawing state's intent to withdraw within 60days of its receipt thereof.
Thewithdrawing state is responsible for all assessments, obligations, andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
Reinstatementfollowing withdrawal of any compacting state shall occur upon the withdrawingstate's reenacting the compact or upon such later date as determined by theInterstate Commission.
(b) Default. If theInterstate Commission determines that any compacting state has at any timedefaulted ("defaulting state") in the performance of any of itsobligations or responsibilities under this compact, the bylaws, or any dulypromulgated rules, the Interstate Commission may impose any or all of thefollowing penalties:
(1) Fines, fees, andcosts in such amounts as are deemed to be reasonable as fixed by the InterstateCommission;
(2) Remedial trainingand technical assistance as directed by the Interstate Commission;
(3) Suspension andtermination of membership in the compact. Suspension shall be imposed onlyafter all other reasonable means of securing compliance under the bylaws andrules have been exhausted. Immediate notice of suspension shall be given by theInterstate Commission to the Governor; the Chief Justice or Chief JudicialOfficer of the state; the Majority and Minority Leaders of the defaulting state'slegislature; and the state council.
Thegrounds of default include, but are not limited to, failure of a compactingstate to perform such obligations or responsibilities imposed upon it by thiscompact, Interstate Commission bylaws, or duly promulgated rules. TheInterstate Commission shall immediately notify the defaulting state in writingof the penalty imposed by the Interstate Commission on the defaulting statepending a cure of the default. The Interstate Commission shall stipulate theconditions and the time period within which the defaulting state must cure itsdefault. If the defaulting state fails to cure the default within the timeperiod specified by the Interstate Commission, in addition to any otherpenalties imposed herein, the defaulting state may be terminated from thecompact upon an affirmative vote of a majority of the compacting states, andall rights, privileges, and benefits conferred by this compact shall beterminated from the effective date of suspension. Within 60 days of the effectivedate of termination of a defaulting state, the Interstate Commission shallnotify the Governor; the Chief Justice or Chief Judicial Officer of the state;the Majority and Minority Leaders of the defaulting state's legislature; andthe state council of such termination.
Thedefaulting state is responsible for all assessments, obligations, andliabilities incurred through the effective date of termination, including anyobligations the performance of which extends beyond the effective date oftermination.
TheInterstate Commission shall not bear any costs relating to the defaulting stateunless otherwise mutually agreed upon between the Interstate Commission and thedefaulting state. Reinstatement following termination of any compacting staterequires both a reenactment of the compact by the defaulting state and theapproval of the Interstate Commission pursuant to the rules.
(c) JudicialEnforcement. The Interstate Commission may, by majority vote of the members,initiate legal action in the United States District Court for the District ofColumbia or, at the discretion of the Interstate Commission, in the FederalDistrict where the Interstate Commission has its offices to enforce compliancewith the provisions of the compact, its duly promulgated rules and bylawsagainst any compacting state in default. In the event judicial enforcement isnecessary, the prevailing party shall be awarded all costs of such litigationincluding reasonable attorney's fees.
(d) Dissolution ofCompact. The compact dissolves effective upon the date of the withdrawal ordefault of the compacting state that reduces membership in the compact to onecompacting state.
Uponthe dissolution of this compact, the compact becomes null and void and shall beof no further force or effect, and the business and affairs of the InterstateCommission shall be wound up, and any surplus funds shall be distributed inaccordance with the bylaws.
Article XIII.
Severability and Construction.
(a) The provisions ofthis compact shall be severable, and if any phrase, clause, sentence, orprovision is deemed unenforceable, the remaining provision of the compact shallbe enforceable.
(b) The provisions ofthis compact shall be liberally constructed to effectuate its purposes.
Article XIV.
Binding Effect of Compact and Other Laws.
(a) Other Laws. Nothingherein prevents the enforcement of any other law of a compacting state that isnot inconsistent with this compact.
Allcompacting states' laws conflicting with this compact are superseded to theextent of the conflict.
(b) Binding Effect ofthe Compact. All lawful actions of the Interstate Commission, including allrules and bylaws promulgated by the Interstate Commission, are binding upon thecompacting states.
Allagreements between the Interstate Commission and the compacting states arebinding in accordance with their terms.
Uponthe 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.
Inthe event any provision of this compact exceeds the constitutional limitsimposed on the legislature of any compacting state, the obligations, duties,powers, or jurisdiction sought to be conferred by such provision upon theInterstate Commission shall be ineffective, and such obligations, duties,powers, or jurisdiction shall remain in the compacting state and shall beexercised by the agency thereof to which such obligations, duties, powers, orjurisdiction are delegated by law in effect at the time this compact becomeseffective. (2002‑166,s. 1; 2008‑189, s. 1.)
