§ 14-6.1-1 Execution of compact. –The governor on behalf of the state of Rhode Island and Providence Plantationsis authorized to execute a compact, in substantially the following form, withstate, territory or possession of the United States, the District of Columbia,and the Commonwealth of Puerto Rico, and the general assembly signifies inadvance its approval and ratification of compact.
The Interstate Compact on Juveniles
The contracting states solemnly agree:
ARTICLE I PURPOSE
The compacting states to this interstate compact recognizethat each state is responsible for the proper supervision or return ofjuveniles, delinquents and status offenders who are on probation or parole andwho have absconded, escaped or run away from supervision and control and in sodoing have endangered their own safety and the safety of others. The compactingstates also recognize that each state is responsible for the safe return ofjuveniles who have run away from home and in doing so have left their state ofresidence. The compacting states also recognize that congress, by enacting theCrime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouragedcompacts for cooperative efforts and mutual assistance in the prevention ofcrime.
It is the purpose of this compact, through means of joint andcooperative action among the compacting states to: (1) ensure that theadjudicated juveniles and status offenders subject to this compact are providedadequate supervision and services in the receiving state as ordered by theadjudicating judge or parole authority in the sending state; (2) ensure thatthe public safety interests of the citizens, including the victims of juvenileoffenders, in both the sending and receiving states are adequately protected;(3) return juveniles who have run away, absconded or escaped from supervisionor control or have been accused of an offense to the state requesting theirreturn; (4) make contracts for the cooperative institutionalization in publicfacilities in member states for delinquent youth needing special services; (5)provide for the effective tracking and supervision of juveniles; (6) equitablyallocate the costs, benefits and obligations of the compacting states; (7)establish procedures to manage the movement between states of juvenileoffenders released to the community under the jurisdiction of courts, juveniledepartments, or any other criminal or juvenile justice agency which hasjurisdiction over juvenile offenders; (8) insure immediate notice tojurisdictions where defined offenders are authorized to travel or to relocateacross state lines; (9) establish procedures to resolve pending charges(detainers) against juvenile offenders prior to transfer or release to thecommunity under the terms of this compact; (10) establish a system of uniformdata collection on information pertaining to juveniles subject to this compactthat allows access by authorized juvenile justice and criminal justiceofficials, and regular reporting of compact activities to heads of stateexecutive, judicial, and legislative branches and juvenile and criminal justiceadministrators; (11) monitor compliance with rules governing interstatemovement of juveniles and initiate interventions to address and correctnoncompliance; (12) coordinate training and education regarding the regulationof interstate movement of juveniles for officials involved in such activity;and (13) coordinate the implementation and operation of the compact with theinterstate compact for the placement of children, the interstate compact foradult offender supervision and other compacts affecting juveniles particularlyin those cases where concurrent or overlapping supervision issues arise. It isthe policy of the compacting states that the activities conducted by theinterstate commission created herein are the formation of public policies andtherefore are public business. Furthermore, the compacting states shallcooperate and observe their individual and collective duties andresponsibilities for the prompt return and acceptance of juveniles subject tothe provisions of this compact. The provisions of this compact shall bereasonably and liberally construed to accomplish the purposes and policies ofthe compact.
ARTICLE II DEFINITIONS
As used in this compact, unless the context clearly requiresa different construction:
(1) "Bylaws" mans: those bylaws established by the interstatecommission for its governance, or for directing or controlling its actions orconduct.
(2) "Compact administrator" means: the individual in eachcompacting state appointed pursuant to the terms of this compact, responsiblefor the administration and management of the state's supervision and transferof juveniles subject to the terms of this compact, the rules adopted by theinterstate commission and policies adopted by the state council under thiscompact.
(3) "Compacting state" means: any state which has enacted theenabling legislation for this compact.
(4) "Commissioner" means: the voting representative of eachcompacting state appointed pursuant to Article III of this compact.
(5) "Court" means: any court having jurisdiction overdelinquent, neglected, or dependent children.
(6) "Deputy compact administrator" means: the individual, ifany, in each compacting state appointed to act on behalf of a compactadministrator pursuant to the terms of this compact responsible for theadministration and management of the state's supervision and transfer ofjuveniles subject to the terms of this compact, the rules adopted by theinterstate commission and policies adopted by the state council under thiscompact.
(7) "Interstate commission" means: the interstate commissionfor juveniles created by Article III of this compact.
(8) "Juvenile" means: any person defined as a juvenile in anymember state or by the rules of the interstate commission, including:
(a) Accused delinquent – a person charged with anoffense that, if committed by an adult, would be a criminal offense;
(b) Adjudicated delinquent – a person found to havecommitted an offense that, if committed by an adult, would be a criminaloffense;
(c) Accused status offender – a person charged with anoffense that would not be a criminal offense if committed by an adult;
(d) Adjudicated status offender – a person found to havecommitted an offense that would not be a criminal offense if committed by anadult; and
(e) Nonoffender – a person in need of supervision whohas not been accused or adjudicated a status offender or delinquent.
(9) "Noncompacting state" means: any state which has notenacted the enabling legislation for this compact.
(10) "Probation or parole" means: any kind of supervision orconditional release of juveniles authorized under the laws of the compactingstates.
(11) "Rule" means: a written statement by the interstatecommission promulgated pursuant to Article VI of this compact that is ofgeneral applicability, implements, interprets or prescribes a policy orprovision of the compact, or an organizational, procedural, or practicerequirement of the commission, and has the force and effect of statutory law ina compacting state, and includes the amendment, repeal, or suspension of anexisting rule.
(12) "State" means: a state of the United States, theDistrict of Columbia (or its designee), the Commonwealth of Puerto Rico, theU.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III INTERSTATE COMMISSION FOR JUVENILES
(a) The compacting states hereby create the "Interstatecommission for Juveniles." The commission shall be a body corporate and jointagency of the compacting states. The commission shall have all theresponsibilities, powers and duties set forth herein, and such additionalpowers as may be conferred upon it by subsequent action of the respectivelegislatures of the compacting states in accordance with the terms of thiscompact.
(b) The interstate commission shall consist of commissionersappointed by the appropriate appointing authority in each state pursuant to therules and requirements of each compacting state and in consultation with thestate council for interstate juvenile supervision created hereunder. Thecommissioner shall be the compact administrator, deputy compact administratoror designee from that state who shall serve on the interstate commission insuch capacity under or pursuant to the applicable law of the compacting state.
(c) In addition to the commissioners who are the votingrepresentatives of each state, the interstate commission shall includeindividuals who are not commissioners, but who are members of interestedorganizations. Such noncommissioner members must include a member of thenational organizations of governors, legislators, state chief justices,attorneys general, interstate compact for adult offender supervision,interstate compact for the placement of children, juvenile justice and juvenilecorrections officials, and crime victims. All noncommissioner members of theinterstate commission shall be ex-officio (nonvoting) members. The interstatecommission may provide in its bylaws for such additional ex-officio (nonvoting)members, including members of other national organizations, in such numbers asshall be determined by the commission.
(d) Each compacting state represented at any meeting of thecommission is entitled to one vote. A majority of the compacting states shallconstitute a quorum for the transaction of business, unless a larger quorum isrequired by the bylaws of the interstate commission.
(e) The commission shall meet at least once each calendaryear. The chairperson may call additional meetings and, upon the request of asimple majority of the compacting states, shall call additional meetings.Public notice shall be given of all meetings and meetings shall be open to thepublic.
(f) The interstate commission shall establish an executivecommittee, which shall include commission officers, members, and others asdetermined by the bylaws. The executive committee shall have the power to acton behalf of the interstate commission during periods when the interstatecommission is not in session, with the exception of rulemaking and/or amendmentto the compact. The executive committee shall oversee the day-to-day activitiesof the administration of the compact managed by an executive director andinterstate commission staff; administers enforcement and compliance with theprovisions of the compact, its bylaws and rules, and performs such other dutiesas directed by the interstate commission or set forth in the bylaws.
(g) Each member of the interstate commission shall have theright and power to cast a vote to which that compacting state is entitled andto participate in the business and affairs of the interstate commission. Amember shall vote in person and shall not delegate a vote to another compactingstate. However, a commissioner, in consultation with the state council, shallappoint another authorized representative, in the absence of the commissionerfrom that state, to cast a vote on behalf of the compacting state at aspecified meeting. The bylaws may provide for members' participation inmeetings by telephone or other means of telecommunication or electroniccommunication.
(h) The interstate commission's bylaws shall establishconditions and procedures under which the interstate commission shall make itsinformation and official records available to the public for inspection orcopying. The interstate commission may exempt from disclosure any informationor official records to the extent they would adversely affect personal privacyrights or proprietary interests.
(i) Public notice shall be given of all meetings and allmeetings shall be open to the public, except as set forth in the rules or asotherwise provided in the compact. The interstate commission and any of itscommittees may close a meeting to the public where it determines by two-thirds(2/3) vote that an open meeting would be likely to:
(1) Relate solely to the interstate commission's internalpersonnel practice and procedures;
(2) Disclose matters specifically exempted from disclosure bystatute;
(3) Disclose trade secrets or commercial or financialinformation which is privileged or confidential;
(4) Involve accusing any person of a crime, or formallycensuring any person;
(5) Disclose information of a personal nature wheredisclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigative records compiled for lawenforcement purposes;
(7) Disclose information contained in or related toexamination, operating or condition reports prepared by, or on behalf of or forthe use of, the interstate commission with respect to a regulated person orentity for the purpose of regulation or supervision of such person or entity;
(8) Disclose information, the premature disclosure of whichwould significantly endanger the stability of a regulated person or entity; or
(9) Specifically relate to the interstate commission'sissuance of a subpoena, or its participation in a civil action or other legalproceeding.
(j) For every meeting closed pursuant to this provision, theinterstate commission's legal counsel shall publicly certify that, in the legalcounsel's opinion, the meeting may be closed to the public, and shall referenceeach relevant exemptive provision. The interstate commission shall keep minuteswhich shall fully and clearly describe all matters discussed in any meeting andshall provide a full and accurate summary of any actions taken, and the reasonstherefore, including a description of each of the views expressed on any itemand the record of any roll call vote (reflected in the vote of each member onthe question). All documents considered in connection with any action shall beidentified in such minutes.
(k) The interstate commission shall collect standardized dataconcerning the interstate movement of juveniles as directed through its ruleswhich shall specify the data to be collected, the means of collection and dataexchange and reporting requirements. Such methods of data collection, exchangeand reporting shall insofar as is reasonably possible conform to up-to-datetechnology and coordinate its information functions with the appropriaterepository of records.
ARTICLE IV POWERS AND DUTIES OF THE INTERSTATECOMMISSION
The commission shall have the following powers and duties:
(1) To provide for dispute resolution among compacting states.
(2) To promulgate rules to effect the purposes andobligations as enumerated in this compact, which shall have the force andeffect of statutory law and shall be binding in the compacting states to theextent and in the manner provided in this compact.
(3) To oversee, supervise and coordinate the interstatemovement of juveniles subject to the terms of this compact and any bylawsadopted and rules promulgated by the interstate commission.
(4) To enforce compliance with the compact provisions, therules promulgated by the interstate commission, and the bylaws, using allnecessary and proper means, including, but not limited to, the use of judicialprocess.
(5) To establish and maintain offices which shall be locatedwithin one (1) or more of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services ofpersonnel.
(8) To establish and appoint committees and hire staff whichit deems necessary for the carrying out of its functions including, but notlimited to, an executive committee as required by Article III which shall havethe power to act on behalf of the interstate commission in carrying out itspowers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees,agents, or consultants, and to fix their compensation, define their duties anddetermine their qualifications; and to establish the interstate commission'spersonnel policies and programs relating to, inter alia, conflicts of interest,rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money,equipment, supplies, materials, and services, and to receive, utilize, anddispose of it.
(11) To lease, purchase, accept contributions or donationsof, or otherwise to own, hold, improve or use any property, real, personal, ormixed.
(12) To sell, convey, mortgage, pledge, lease, exchange,abandon, or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levydues as provided in Article VIII of this compact.
(14) To sue and be sued.
(15) To adopt a seal and bylaws governing the management andoperation of the interstate commission.
(16) To perform such functions as may be necessary orappropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures, governors,judiciary, and state councils of the compacting states concerning theactivities of the interstate commission during the preceding year. Such reportsshall also include any recommendations that may have been adopted by theinterstate commission.
(18) To coordinate education, training and public awarenessregarding the interstate movement of juveniles for officials involved in suchactivity.
(19) To establish uniform standards of the reporting,collecting and exchanging of data.
(20) The interstate commission shall maintain its corporatebooks and records in accordance with the bylaws.
ARTICLE V ORGANIZATION AND OPERATION OF THE INTERSTATECOMMISSION
(a) Bylaws – The interstate commission shall, by amajority of the members present and voting, within twelve (12) months after thefirst interstate commission meeting, adopt bylaws to govern its conduct as maybe necessary or appropriate to carry out the purposes of the compact,including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such othercommittees as may be necessary;
(3) Provide for the establishment of committees governing anygeneral or specific delegation of any authority or function of the interstatecommission;
(4) Providing reasonable procedures for calling andconducting meetings of the interstate commission, and ensuring reasonablenotice of each such meeting;
(5) Establishing the titles and responsibilities of theofficers of the interstate commission;
(6) Providing a mechanism for concluding the operations ofthe interstate commission and the return of any surplus funds that may existupon the termination of the compact after the payment and/or reserving of allof its debts and obligations;
(7) Providing "start-up" rules for initial administration ofthe compact; and
(8) Establishing standards and procedures for compliance andtechnical assistance in carrying out the compact.
(b) Officers and staff:
(1) The interstate commission shall, by a majority of themembers, elect annually from among its members a chairperson and a vicechairperson, each of whom shall have such authority and duties as may bespecified in the bylaws. The chairperson or, in the chairperson's absence ordisability, the vice-chairperson shall preside at all meetings of theinterstate commission. The officers so elected shall serve without compensationor remuneration from the interstate commission; provided that, subject to theavailability of budgeted funds, the officers shall be reimbursed for anyordinary and necessary costs and expenses incurred by them in the performanceof their duties and responsibilities as officers of the interstate commission.
(2) The interstate commission shall, through its executivecommittee, appoint or retain an executive director for such period, upon suchterms and conditions and for such compensation as the interstate commission maydeem appropriate. The executive director shall serve as secretary to theinterstate commission, but shall not be a member and shall hire and supervisesuch other staff as may be authorized by the interstate commission.
(c) Qualified immunity – Defense and indemnification:
(1) The commission's executive director and employees shallbe immune from suit and liability, either personally or in their officialcapacity, for any claim for damage to or loss of property or personal injury orother civil liability caused or arising out of or relating to any actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred without he scope of commissionemployment, duties, or responsibilities; provided, that any such person shallnot be protected from suit or liability for any damage, loss, injury, orliability caused by the intentional or willful and wanton misconduct of anysuch person.
(2) The liability of any commissioner, or the employee oragent of a commissioner, acting within the scope of such person's employment orduties for acts, errors, or omissions occurring within such person's state maynot exceed the limits of liability set forth under the constitution and laws ofthat state for state officials, employees, and agents. Nothing in thissubsection shall be construed to protect any such person from suit or liabilityfor any damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.
(3) The interstate commission shall defend the executivedirector or the employees or representatives of the interstate commission and,subject to the approval of the attorney general of the state represented by anycommissioner of a compacting state, shall defend such commissioner or thecommissioner's representatives or employees in any civil action seeking toimpose liability arising out of any actual or alleged act, error or omissionthat occurred within 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 or willful and wanton misconduct on the part ofsuch person.
(4) The interstate commission shall indemnify and hold thecommissioner of a compacting state, or the commissioner's representatives oremployees, or the interstate commission's representatives or employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising out of any actual or alleged act, error, or omission thatoccurred within the scope of interstate commission employment, duties, orresponsibilities or that such persons had a reasonable basis for believingoccurred within the scope of interstate commission employment, duties, orresponsibilities; provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the part ofsuch persons.
ARTICLE VI RULEMAKING FUNCTIONS OF THE INTERSTATECOMMISSION
(a) The interstate commission shall promulgate and publishrules in order to effectively and efficiently achieve the purposes of thecompact.
(b) Rulemaking shall occur pursuant to the criteria set forthin this article and the bylaws and rules adopted pursuant thereto. Suchrulemaking shall substantially conform to the principles of the "Model StateAdministrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1(2000), or such other administrative procedures act, as the interstatecommission deems appropriate consistent with due process requirements under theU.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court.All rules and amendments shall become binding as of the date specified, aspublished with the final version of the rule as approved by the Commission.
(c) When promulgating a rule, the interstate commissionshall, at a minimum:
(1) publish the proposed rule's entire text stating thereason(s) for that proposed rule;
(2) allow and invite any and all persons to submit writtendata, facts, opinions and arguments, which information shall be added to therecord, and be made publicly available;
(3) provide an opportunity for an informal hearing ifpetitioned by ten (10) or more persons; and
(4) promulgate a final rule and it's effective date, ifappropriate, based on input from state or local officials, or interestedparties.
(d) Allow, not later than sixty (60) days after a rule ispromulgated, any interested person to file a petition in the United StatesDistrict Court for the District of Columbia or in the Federal District Courtwhere the interstate commission's principal office is located for judicialreview of such rule. If the court finds that the interstate commission's actionis not supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of this subsection,evidence is substantial if it would be considered substantial evidence underthe Model State Administrative Procedures Act.
(e) If a majority of the legislatures of the compactingstates rejects a rule, those states may, by enactment of a statute orresolution in the same manner used to adopt the compact, cause that such ruleshall have no further force and effect in any compacting state.
(f) The existing rules governing the operation of theinterstate compact on juveniles superceded by this act shall be null and voidtwelve (12) months after the first meeting of the interstate commission createdhereunder.
(g) Upon determination by the interstate commission that astate-of-emergency exists, it may promulgate an emergency rule which shallbecome effective immediately upon adoption, provided that the usual rulemakingprocedures provided hereunder shall be retroactively applied to said rule assoon as reasonably possible, but no later than ninety (90) days after theeffective date of the emergency rule.
ARTICLE VII OVERSIGHT, ENFORCEMENT AND DISPUTERESOLUTION BY THE INTERSTATE COMMISSION
(a) Oversight:
(1) The interstate commission shall oversee theadministration and operations of the interstate movement of juveniles subjectto this compact in the compacting states and shall monitor such activitiesbeing administered in noncompacting states, which may significantly affectcompacting states.
(2) The courts and executive agencies in each compactingstate shall enforce this compact and shall take all actions necessary andappropriate to effectuate the compact's purposes and intent. The provisions ofthis compact and the rules promulgated hereunder shall be received by all thejudges, public officers, commissions, and departments of the state governmentas evidence of the authorized statute and administrative rules. All courtsshall take judicial notice of the compact and the rules. In any judicial oradministrative proceeding in a compacting state pertaining to the subjectmatter of this compact which may affect the powers, responsibilities or actionsof the interstate commission, it shall be entitled to receive all service ofprocess in any such proceeding, and shall have standing to intervene in theproceeding for all purposes.
(b) Dispute Resolution:
(1) The compacting states shall report to the interstatecommission on all issues and activities necessary for the administration of thecompact as well as issues and activities pertaining to compliance with theprovisions of the compact and its bylaws and rules.
(2) The interstate commission shall attempt, upon the requestof a compacting state, to resolve any disputes or other issues which aresubject to the compact and which may arise among compacting states and betweencompacting and noncompacting states. The commission shall promulgate a ruleproviding for both mediation and binding dispute resolution for disputes amongthe compacting states.
(3) The interstate commission, in the reasonable exercise ofits discretion, shall enforce the provisions and rules of this compact usingany or all means set forth in Article XI of this compact.
ARTICLE VIII FINANCE
(a) The interstate commission shall pay or provide for thepayment of the reasonable expenses of its establishment, organization andongoing activities.
(b) The interstate commission shall levy on and collect anannual assessment from each compacting state to cover the cost of the internaloperations and activities of the interstate commission and its staff which mustbe in a total amount sufficient to cover the interstate commission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocated based upon a formula to be determined by the interstate commission,taking into consideration the population of each compacting state and thevolume of interstate movement of juveniles in each compacting state and shallpromulgate a rule binding upon all compacting states which governs saidassessment.
(c) The Interstate commission shall not incur any obligationsof any kind prior to securing the funds adequate to meet the same; nor shallthe Interstate commission pledge the credit of any of the compacting states,except by and with the authority of the compacting state.
(d) The Interstate commission shall keep accurate accounts ofall receipts and disbursements. The receipts and disbursements of theInterstate commission shall be subject to the audit and accounting proceduresestablished under its bylaws. However, all receipts and disbursements of fundshandled by the Interstate commission shall be audited yearly by a certified orlicensed public accountant and the report of the audit shall be included in andbecome part of the annual report of the Interstate commission.
ARTICLE IX THE STATE COUNCIL
Each member state shall create a state council for InterstateJuvenile Supervision. While each state may determine the membership of its ownstate council, its membership must include at least one (1) representative fromthe legislative, judicial, and executive branches of government, victimsgroups, and the compact administrator, deputy compact administrator ordesignee. Each compacting state retains the right to determine thequalifications of the compact administrator or deputy compact administrator.Each state council will advise and may exercise oversight and advocacyconcerning that state's participation in Interstate commission activities andother duties as may be determined by that state, including, but not limited to,development of policy concerning operations and procedures of the compactwithin that state.
ARTICLE X COMPACTING STATES, EFFECTIVE DATE ANDAMENDMENT
(a) Any state, the District of Columbia (or its designee),the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Mariana's Islands as defined in Article II of this compact iseligible to become a compacting state.
(b) The compact shall become effective and binding uponlegislative enactment of the compact into law by no less than thirty-five (35)of the states. The initial effective date shall be the latter of July 1, 2004or upon enactment into law by the thirty-fifth (35th) jurisdiction. Thereafterit 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 shall be invited to participate in the activities ofthe Interstate commission on a nonvoting basis prior to adoption of the compactby all states and territories of the United States.
(c) The Interstate commission may propose amendments to thecompact for enactment by the compacting states. No amendment shall becomeeffective and binding upon the Interstate commission and the compacting statesunless and until it is enacted into law by unanimous consent of the compactingstates.
ARTICLE XI WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIALENFORCEMENT
(a) Withdrawal:
(1) Once effective, the compact shall continue in force andremain binding upon each and every compacting state; provided that a compactingstate may withdraw from the compact by specifically repealing the statute,which enacted the compact into law.
(2) The effective date of withdrawal is the effective date ofthe repeal.
(3) The withdrawing state shall immediately notify thechairperson of the Interstate commission in writing upon the introduction oflegislation repealing this compact in the withdrawing state. The Interstatecommission shall notify the other compacting states of the withdrawing state'sintent to withdraw within sixty (60) days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments,obligations and liabilities incurred through the effective date of withdrawal,including any obligations, the performance of which extend beyond the effectivedate of withdrawal.
(5) Reinstatement following withdrawal of any compactingstate shall occur upon the withdrawing state reenacting the compact or uponsuch later date as determined by the Interstate commission.
(1) If the Interstate commission determines that anycompacting state has at any time defaulted in the performance of any of itsobligations or responsibilities under this compact, or the bylaws or dulypromulgated rules, the Interstate commission may impose any or all of thefollowing penalties:
(a) Remedial training and technical assistance as directed bythe Interstate commission;
(b) Alternative Dispute Resolution;
(c) Fines, fees, and costs in such amounts as are deemed tobe reasonable as fixed by the Interstate commission; and
(d) Suspension or termination of membership in the compact,which shall be imposed only after all other reasonable means of securingcompliance under the bylaws and rules have been exhausted and the Interstatecommission has therefore determined that the offending state is in default.Immediate notice of suspension shall be given by the Interstate commission tothe Governor, the Chief Justice or the Chief Judicial Officer of the state, themajority and minority leaders of the defaulting state's legislature, and thestate council. The grounds for default include, but are not limited to, failureof a compacting state to perform such obligations or responsibilities imposedupon it by this compact, the bylaws, or duly promulgated rules and any othergrounds designated in commission bylaws and rules. The Interstate commissionshall immediately notify the defaulting state in writing of the penalty imposedby the Interstate commission and of the default pending a cure of the default.The commission shall stipulate the conditions and the time period within whichthe defaulting state must cure its default. If the defaulting state fails tocure the default within the time period specified by the commission, thedefaulting state shall be terminated from the compact upon an affirmative voteof a majority of the compacting states and all rights, privileges and benefitsconferred by this compact shall be terminated from the effective date oftermination.
(2) Within sixty (60) days of the effective date oftermination of a defaulting state, the Commission shall notify the Governor,the Chief Justice or Chief Judicial Officer, the majority and minority leadersof the defaulting state's legislature, and the state council of suchtermination.
(3) The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date of terminationincluding any obligations, the performance of which extends beyond theeffective date of termination.
(4) The Interstate commission shall not bear any costsrelating to the defaulting state unless otherwise mutually agreed upon inwriting between the Interstate commission and the defaulting state.
(5) Reinstatement following termination of any compactingstate requires both a reenactment of the compact by the defaulting state andthe approval of the Interstate commission pursuant to the rules.
(c) Judicial Enforcement:
The Interstate commission may, by majority vote of themembers, initiate legal action in the United States District Court for theDistrict of Columbia or, at the discretion of the Interstate commission, in thefederal district where the Interstate commission has its offices, to enforcecompliance with the provisions of the compact, its duly promulgated rules andbylaws, against any compacting state in default. In the event judicialenforcement is necessary the prevailing party shall be awarded all costs ofsuch litigation including reasonable attorneys' fees.
(d) Dissolution of Compact:
(1) The compact dissolves effective upon the date of thewithdrawal or default of the compacting state, which reduces membership in thecompact to one (1) compacting state.
(2) Upon the dissolution of this compact, the compact becomesnull and void and shall be of no further force or effect, and the business andaffairs of the Interstate commission shall be concluded and any surplus fundsshall be distributed in accordance with the bylaws.
ARTICLE XII SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable, and if anyphrase, clause, sentence or provision is deemed unenforceable, the remainingprovisions of the compact shall be enforceable. Provided, further, that theprovisions of this compact shall be liberally construed to effectuate itspurposes.
ARTICLE XIII BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other Laws:
(1) Nothing herein prevents the enforcement of any other lawof a compacting state that is not inconsistent with this compact.
(2) All compacting states' laws other than stateconstitutions and other interstate compacts conflicting with this compact aresuperseded to the extent of the conflict.
(b) Binding Effect of the Compact:
(1) All lawful actions of the Interstate commission,including all rules and bylaws promulgated by the Interstate commission, arebinding upon the compacting states.
(2) All agreements between the Interstate commission and thecompacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning orinterpretation of Interstate commission actions, and upon a majority vote ofthe compacting states, the Interstate commission may issue advisory opinionsregarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds theconstitutional limits imposed on the legislature of any compacting state, theobligations, duties, powers or jurisdiction sought to be conferred by suchprovision upon the Interstate commission shall be ineffective and suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall be exercised by the agency thereof to which such obligations,duties, powers or jurisdiction are delegated by law in effect at the time thiscompact becomes effective.
§ 14-6.1-1 Execution of compact. –The governor on behalf of the state of Rhode Island and Providence Plantationsis authorized to execute a compact, in substantially the following form, withstate, territory or possession of the United States, the District of Columbia,and the Commonwealth of Puerto Rico, and the general assembly signifies inadvance its approval and ratification of compact.
The Interstate Compact on Juveniles
The contracting states solemnly agree:
ARTICLE I PURPOSE
The compacting states to this interstate compact recognizethat each state is responsible for the proper supervision or return ofjuveniles, delinquents and status offenders who are on probation or parole andwho have absconded, escaped or run away from supervision and control and in sodoing have endangered their own safety and the safety of others. The compactingstates also recognize that each state is responsible for the safe return ofjuveniles who have run away from home and in doing so have left their state ofresidence. The compacting states also recognize that congress, by enacting theCrime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouragedcompacts for cooperative efforts and mutual assistance in the prevention ofcrime.
It is the purpose of this compact, through means of joint andcooperative action among the compacting states to: (1) ensure that theadjudicated juveniles and status offenders subject to this compact are providedadequate supervision and services in the receiving state as ordered by theadjudicating judge or parole authority in the sending state; (2) ensure thatthe public safety interests of the citizens, including the victims of juvenileoffenders, in both the sending and receiving states are adequately protected;(3) return juveniles who have run away, absconded or escaped from supervisionor control or have been accused of an offense to the state requesting theirreturn; (4) make contracts for the cooperative institutionalization in publicfacilities in member states for delinquent youth needing special services; (5)provide for the effective tracking and supervision of juveniles; (6) equitablyallocate the costs, benefits and obligations of the compacting states; (7)establish procedures to manage the movement between states of juvenileoffenders released to the community under the jurisdiction of courts, juveniledepartments, or any other criminal or juvenile justice agency which hasjurisdiction over juvenile offenders; (8) insure immediate notice tojurisdictions where defined offenders are authorized to travel or to relocateacross state lines; (9) establish procedures to resolve pending charges(detainers) against juvenile offenders prior to transfer or release to thecommunity under the terms of this compact; (10) establish a system of uniformdata collection on information pertaining to juveniles subject to this compactthat allows access by authorized juvenile justice and criminal justiceofficials, and regular reporting of compact activities to heads of stateexecutive, judicial, and legislative branches and juvenile and criminal justiceadministrators; (11) monitor compliance with rules governing interstatemovement of juveniles and initiate interventions to address and correctnoncompliance; (12) coordinate training and education regarding the regulationof interstate movement of juveniles for officials involved in such activity;and (13) coordinate the implementation and operation of the compact with theinterstate compact for the placement of children, the interstate compact foradult offender supervision and other compacts affecting juveniles particularlyin those cases where concurrent or overlapping supervision issues arise. It isthe policy of the compacting states that the activities conducted by theinterstate commission created herein are the formation of public policies andtherefore are public business. Furthermore, the compacting states shallcooperate and observe their individual and collective duties andresponsibilities for the prompt return and acceptance of juveniles subject tothe provisions of this compact. The provisions of this compact shall bereasonably and liberally construed to accomplish the purposes and policies ofthe compact.
ARTICLE II DEFINITIONS
As used in this compact, unless the context clearly requiresa different construction:
(1) "Bylaws" mans: those bylaws established by the interstatecommission for its governance, or for directing or controlling its actions orconduct.
(2) "Compact administrator" means: the individual in eachcompacting state appointed pursuant to the terms of this compact, responsiblefor the administration and management of the state's supervision and transferof juveniles subject to the terms of this compact, the rules adopted by theinterstate commission and policies adopted by the state council under thiscompact.
(3) "Compacting state" means: any state which has enacted theenabling legislation for this compact.
(4) "Commissioner" means: the voting representative of eachcompacting state appointed pursuant to Article III of this compact.
(5) "Court" means: any court having jurisdiction overdelinquent, neglected, or dependent children.
(6) "Deputy compact administrator" means: the individual, ifany, in each compacting state appointed to act on behalf of a compactadministrator pursuant to the terms of this compact responsible for theadministration and management of the state's supervision and transfer ofjuveniles subject to the terms of this compact, the rules adopted by theinterstate commission and policies adopted by the state council under thiscompact.
(7) "Interstate commission" means: the interstate commissionfor juveniles created by Article III of this compact.
(8) "Juvenile" means: any person defined as a juvenile in anymember state or by the rules of the interstate commission, including:
(a) Accused delinquent – a person charged with anoffense that, if committed by an adult, would be a criminal offense;
(b) Adjudicated delinquent – a person found to havecommitted an offense that, if committed by an adult, would be a criminaloffense;
(c) Accused status offender – a person charged with anoffense that would not be a criminal offense if committed by an adult;
(d) Adjudicated status offender – a person found to havecommitted an offense that would not be a criminal offense if committed by anadult; and
(e) Nonoffender – a person in need of supervision whohas not been accused or adjudicated a status offender or delinquent.
(9) "Noncompacting state" means: any state which has notenacted the enabling legislation for this compact.
(10) "Probation or parole" means: any kind of supervision orconditional release of juveniles authorized under the laws of the compactingstates.
(11) "Rule" means: a written statement by the interstatecommission promulgated pursuant to Article VI of this compact that is ofgeneral applicability, implements, interprets or prescribes a policy orprovision of the compact, or an organizational, procedural, or practicerequirement of the commission, and has the force and effect of statutory law ina compacting state, and includes the amendment, repeal, or suspension of anexisting rule.
(12) "State" means: a state of the United States, theDistrict of Columbia (or its designee), the Commonwealth of Puerto Rico, theU.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III INTERSTATE COMMISSION FOR JUVENILES
(a) The compacting states hereby create the "Interstatecommission for Juveniles." The commission shall be a body corporate and jointagency of the compacting states. The commission shall have all theresponsibilities, powers and duties set forth herein, and such additionalpowers as may be conferred upon it by subsequent action of the respectivelegislatures of the compacting states in accordance with the terms of thiscompact.
(b) The interstate commission shall consist of commissionersappointed by the appropriate appointing authority in each state pursuant to therules and requirements of each compacting state and in consultation with thestate council for interstate juvenile supervision created hereunder. Thecommissioner shall be the compact administrator, deputy compact administratoror designee from that state who shall serve on the interstate commission insuch capacity under or pursuant to the applicable law of the compacting state.
(c) In addition to the commissioners who are the votingrepresentatives of each state, the interstate commission shall includeindividuals who are not commissioners, but who are members of interestedorganizations. Such noncommissioner members must include a member of thenational organizations of governors, legislators, state chief justices,attorneys general, interstate compact for adult offender supervision,interstate compact for the placement of children, juvenile justice and juvenilecorrections officials, and crime victims. All noncommissioner members of theinterstate commission shall be ex-officio (nonvoting) members. The interstatecommission may provide in its bylaws for such additional ex-officio (nonvoting)members, including members of other national organizations, in such numbers asshall be determined by the commission.
(d) Each compacting state represented at any meeting of thecommission is entitled to one vote. A majority of the compacting states shallconstitute a quorum for the transaction of business, unless a larger quorum isrequired by the bylaws of the interstate commission.
(e) The commission shall meet at least once each calendaryear. The chairperson may call additional meetings and, upon the request of asimple majority of the compacting states, shall call additional meetings.Public notice shall be given of all meetings and meetings shall be open to thepublic.
(f) The interstate commission shall establish an executivecommittee, which shall include commission officers, members, and others asdetermined by the bylaws. The executive committee shall have the power to acton behalf of the interstate commission during periods when the interstatecommission is not in session, with the exception of rulemaking and/or amendmentto the compact. The executive committee shall oversee the day-to-day activitiesof the administration of the compact managed by an executive director andinterstate commission staff; administers enforcement and compliance with theprovisions of the compact, its bylaws and rules, and performs such other dutiesas directed by the interstate commission or set forth in the bylaws.
(g) Each member of the interstate commission shall have theright and power to cast a vote to which that compacting state is entitled andto participate in the business and affairs of the interstate commission. Amember shall vote in person and shall not delegate a vote to another compactingstate. However, a commissioner, in consultation with the state council, shallappoint another authorized representative, in the absence of the commissionerfrom that state, to cast a vote on behalf of the compacting state at aspecified meeting. The bylaws may provide for members' participation inmeetings by telephone or other means of telecommunication or electroniccommunication.
(h) The interstate commission's bylaws shall establishconditions and procedures under which the interstate commission shall make itsinformation and official records available to the public for inspection orcopying. The interstate commission may exempt from disclosure any informationor official records to the extent they would adversely affect personal privacyrights or proprietary interests.
(i) Public notice shall be given of all meetings and allmeetings shall be open to the public, except as set forth in the rules or asotherwise provided in the compact. The interstate commission and any of itscommittees may close a meeting to the public where it determines by two-thirds(2/3) vote that an open meeting would be likely to:
(1) Relate solely to the interstate commission's internalpersonnel practice and procedures;
(2) Disclose matters specifically exempted from disclosure bystatute;
(3) Disclose trade secrets or commercial or financialinformation which is privileged or confidential;
(4) Involve accusing any person of a crime, or formallycensuring any person;
(5) Disclose information of a personal nature wheredisclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigative records compiled for lawenforcement purposes;
(7) Disclose information contained in or related toexamination, operating or condition reports prepared by, or on behalf of or forthe use of, the interstate commission with respect to a regulated person orentity for the purpose of regulation or supervision of such person or entity;
(8) Disclose information, the premature disclosure of whichwould significantly endanger the stability of a regulated person or entity; or
(9) Specifically relate to the interstate commission'sissuance of a subpoena, or its participation in a civil action or other legalproceeding.
(j) For every meeting closed pursuant to this provision, theinterstate commission's legal counsel shall publicly certify that, in the legalcounsel's opinion, the meeting may be closed to the public, and shall referenceeach relevant exemptive provision. The interstate commission shall keep minuteswhich shall fully and clearly describe all matters discussed in any meeting andshall provide a full and accurate summary of any actions taken, and the reasonstherefore, including a description of each of the views expressed on any itemand the record of any roll call vote (reflected in the vote of each member onthe question). All documents considered in connection with any action shall beidentified in such minutes.
(k) The interstate commission shall collect standardized dataconcerning the interstate movement of juveniles as directed through its ruleswhich shall specify the data to be collected, the means of collection and dataexchange and reporting requirements. Such methods of data collection, exchangeand reporting shall insofar as is reasonably possible conform to up-to-datetechnology and coordinate its information functions with the appropriaterepository of records.
ARTICLE IV POWERS AND DUTIES OF THE INTERSTATECOMMISSION
The commission shall have the following powers and duties:
(1) To provide for dispute resolution among compacting states.
(2) To promulgate rules to effect the purposes andobligations as enumerated in this compact, which shall have the force andeffect of statutory law and shall be binding in the compacting states to theextent and in the manner provided in this compact.
(3) To oversee, supervise and coordinate the interstatemovement of juveniles subject to the terms of this compact and any bylawsadopted and rules promulgated by the interstate commission.
(4) To enforce compliance with the compact provisions, therules promulgated by the interstate commission, and the bylaws, using allnecessary and proper means, including, but not limited to, the use of judicialprocess.
(5) To establish and maintain offices which shall be locatedwithin one (1) or more of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services ofpersonnel.
(8) To establish and appoint committees and hire staff whichit deems necessary for the carrying out of its functions including, but notlimited to, an executive committee as required by Article III which shall havethe power to act on behalf of the interstate commission in carrying out itspowers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees,agents, or consultants, and to fix their compensation, define their duties anddetermine their qualifications; and to establish the interstate commission'spersonnel policies and programs relating to, inter alia, conflicts of interest,rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money,equipment, supplies, materials, and services, and to receive, utilize, anddispose of it.
(11) To lease, purchase, accept contributions or donationsof, or otherwise to own, hold, improve or use any property, real, personal, ormixed.
(12) To sell, convey, mortgage, pledge, lease, exchange,abandon, or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levydues as provided in Article VIII of this compact.
(14) To sue and be sued.
(15) To adopt a seal and bylaws governing the management andoperation of the interstate commission.
(16) To perform such functions as may be necessary orappropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures, governors,judiciary, and state councils of the compacting states concerning theactivities of the interstate commission during the preceding year. Such reportsshall also include any recommendations that may have been adopted by theinterstate commission.
(18) To coordinate education, training and public awarenessregarding the interstate movement of juveniles for officials involved in suchactivity.
(19) To establish uniform standards of the reporting,collecting and exchanging of data.
(20) The interstate commission shall maintain its corporatebooks and records in accordance with the bylaws.
ARTICLE V ORGANIZATION AND OPERATION OF THE INTERSTATECOMMISSION
(a) Bylaws – The interstate commission shall, by amajority of the members present and voting, within twelve (12) months after thefirst interstate commission meeting, adopt bylaws to govern its conduct as maybe necessary or appropriate to carry out the purposes of the compact,including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such othercommittees as may be necessary;
(3) Provide for the establishment of committees governing anygeneral or specific delegation of any authority or function of the interstatecommission;
(4) Providing reasonable procedures for calling andconducting meetings of the interstate commission, and ensuring reasonablenotice of each such meeting;
(5) Establishing the titles and responsibilities of theofficers of the interstate commission;
(6) Providing a mechanism for concluding the operations ofthe interstate commission and the return of any surplus funds that may existupon the termination of the compact after the payment and/or reserving of allof its debts and obligations;
(7) Providing "start-up" rules for initial administration ofthe compact; and
(8) Establishing standards and procedures for compliance andtechnical assistance in carrying out the compact.
(b) Officers and staff:
(1) The interstate commission shall, by a majority of themembers, elect annually from among its members a chairperson and a vicechairperson, each of whom shall have such authority and duties as may bespecified in the bylaws. The chairperson or, in the chairperson's absence ordisability, the vice-chairperson shall preside at all meetings of theinterstate commission. The officers so elected shall serve without compensationor remuneration from the interstate commission; provided that, subject to theavailability of budgeted funds, the officers shall be reimbursed for anyordinary and necessary costs and expenses incurred by them in the performanceof their duties and responsibilities as officers of the interstate commission.
(2) The interstate commission shall, through its executivecommittee, appoint or retain an executive director for such period, upon suchterms and conditions and for such compensation as the interstate commission maydeem appropriate. The executive director shall serve as secretary to theinterstate commission, but shall not be a member and shall hire and supervisesuch other staff as may be authorized by the interstate commission.
(c) Qualified immunity – Defense and indemnification:
(1) The commission's executive director and employees shallbe immune from suit and liability, either personally or in their officialcapacity, for any claim for damage to or loss of property or personal injury orother civil liability caused or arising out of or relating to any actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred without he scope of commissionemployment, duties, or responsibilities; provided, that any such person shallnot be protected from suit or liability for any damage, loss, injury, orliability caused by the intentional or willful and wanton misconduct of anysuch person.
(2) The liability of any commissioner, or the employee oragent of a commissioner, acting within the scope of such person's employment orduties for acts, errors, or omissions occurring within such person's state maynot exceed the limits of liability set forth under the constitution and laws ofthat state for state officials, employees, and agents. Nothing in thissubsection shall be construed to protect any such person from suit or liabilityfor any damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.
(3) The interstate commission shall defend the executivedirector or the employees or representatives of the interstate commission and,subject to the approval of the attorney general of the state represented by anycommissioner of a compacting state, shall defend such commissioner or thecommissioner's representatives or employees in any civil action seeking toimpose liability arising out of any actual or alleged act, error or omissionthat occurred within 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 or willful and wanton misconduct on the part ofsuch person.
(4) The interstate commission shall indemnify and hold thecommissioner of a compacting state, or the commissioner's representatives oremployees, or the interstate commission's representatives or employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising out of any actual or alleged act, error, or omission thatoccurred within the scope of interstate commission employment, duties, orresponsibilities or that such persons had a reasonable basis for believingoccurred within the scope of interstate commission employment, duties, orresponsibilities; provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the part ofsuch persons.
ARTICLE VI RULEMAKING FUNCTIONS OF THE INTERSTATECOMMISSION
(a) The interstate commission shall promulgate and publishrules in order to effectively and efficiently achieve the purposes of thecompact.
(b) Rulemaking shall occur pursuant to the criteria set forthin this article and the bylaws and rules adopted pursuant thereto. Suchrulemaking shall substantially conform to the principles of the "Model StateAdministrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1(2000), or such other administrative procedures act, as the interstatecommission deems appropriate consistent with due process requirements under theU.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court.All rules and amendments shall become binding as of the date specified, aspublished with the final version of the rule as approved by the Commission.
(c) When promulgating a rule, the interstate commissionshall, at a minimum:
(1) publish the proposed rule's entire text stating thereason(s) for that proposed rule;
(2) allow and invite any and all persons to submit writtendata, facts, opinions and arguments, which information shall be added to therecord, and be made publicly available;
(3) provide an opportunity for an informal hearing ifpetitioned by ten (10) or more persons; and
(4) promulgate a final rule and it's effective date, ifappropriate, based on input from state or local officials, or interestedparties.
(d) Allow, not later than sixty (60) days after a rule ispromulgated, any interested person to file a petition in the United StatesDistrict Court for the District of Columbia or in the Federal District Courtwhere the interstate commission's principal office is located for judicialreview of such rule. If the court finds that the interstate commission's actionis not supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of this subsection,evidence is substantial if it would be considered substantial evidence underthe Model State Administrative Procedures Act.
(e) If a majority of the legislatures of the compactingstates rejects a rule, those states may, by enactment of a statute orresolution in the same manner used to adopt the compact, cause that such ruleshall have no further force and effect in any compacting state.
(f) The existing rules governing the operation of theinterstate compact on juveniles superceded by this act shall be null and voidtwelve (12) months after the first meeting of the interstate commission createdhereunder.
(g) Upon determination by the interstate commission that astate-of-emergency exists, it may promulgate an emergency rule which shallbecome effective immediately upon adoption, provided that the usual rulemakingprocedures provided hereunder shall be retroactively applied to said rule assoon as reasonably possible, but no later than ninety (90) days after theeffective date of the emergency rule.
ARTICLE VII OVERSIGHT, ENFORCEMENT AND DISPUTERESOLUTION BY THE INTERSTATE COMMISSION
(a) Oversight:
(1) The interstate commission shall oversee theadministration and operations of the interstate movement of juveniles subjectto this compact in the compacting states and shall monitor such activitiesbeing administered in noncompacting states, which may significantly affectcompacting states.
(2) The courts and executive agencies in each compactingstate shall enforce this compact and shall take all actions necessary andappropriate to effectuate the compact's purposes and intent. The provisions ofthis compact and the rules promulgated hereunder shall be received by all thejudges, public officers, commissions, and departments of the state governmentas evidence of the authorized statute and administrative rules. All courtsshall take judicial notice of the compact and the rules. In any judicial oradministrative proceeding in a compacting state pertaining to the subjectmatter of this compact which may affect the powers, responsibilities or actionsof the interstate commission, it shall be entitled to receive all service ofprocess in any such proceeding, and shall have standing to intervene in theproceeding for all purposes.
(b) Dispute Resolution:
(1) The compacting states shall report to the interstatecommission on all issues and activities necessary for the administration of thecompact as well as issues and activities pertaining to compliance with theprovisions of the compact and its bylaws and rules.
(2) The interstate commission shall attempt, upon the requestof a compacting state, to resolve any disputes or other issues which aresubject to the compact and which may arise among compacting states and betweencompacting and noncompacting states. The commission shall promulgate a ruleproviding for both mediation and binding dispute resolution for disputes amongthe compacting states.
(3) The interstate commission, in the reasonable exercise ofits discretion, shall enforce the provisions and rules of this compact usingany or all means set forth in Article XI of this compact.
ARTICLE VIII FINANCE
(a) The interstate commission shall pay or provide for thepayment of the reasonable expenses of its establishment, organization andongoing activities.
(b) The interstate commission shall levy on and collect anannual assessment from each compacting state to cover the cost of the internaloperations and activities of the interstate commission and its staff which mustbe in a total amount sufficient to cover the interstate commission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocated based upon a formula to be determined by the interstate commission,taking into consideration the population of each compacting state and thevolume of interstate movement of juveniles in each compacting state and shallpromulgate a rule binding upon all compacting states which governs saidassessment.
(c) The Interstate commission shall not incur any obligationsof any kind prior to securing the funds adequate to meet the same; nor shallthe Interstate commission pledge the credit of any of the compacting states,except by and with the authority of the compacting state.
(d) The Interstate commission shall keep accurate accounts ofall receipts and disbursements. The receipts and disbursements of theInterstate commission shall be subject to the audit and accounting proceduresestablished under its bylaws. However, all receipts and disbursements of fundshandled by the Interstate commission shall be audited yearly by a certified orlicensed public accountant and the report of the audit shall be included in andbecome part of the annual report of the Interstate commission.
ARTICLE IX THE STATE COUNCIL
Each member state shall create a state council for InterstateJuvenile Supervision. While each state may determine the membership of its ownstate council, its membership must include at least one (1) representative fromthe legislative, judicial, and executive branches of government, victimsgroups, and the compact administrator, deputy compact administrator ordesignee. Each compacting state retains the right to determine thequalifications of the compact administrator or deputy compact administrator.Each state council will advise and may exercise oversight and advocacyconcerning that state's participation in Interstate commission activities andother duties as may be determined by that state, including, but not limited to,development of policy concerning operations and procedures of the compactwithin that state.
ARTICLE X COMPACTING STATES, EFFECTIVE DATE ANDAMENDMENT
(a) Any state, the District of Columbia (or its designee),the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Mariana's Islands as defined in Article II of this compact iseligible to become a compacting state.
(b) The compact shall become effective and binding uponlegislative enactment of the compact into law by no less than thirty-five (35)of the states. The initial effective date shall be the latter of July 1, 2004or upon enactment into law by the thirty-fifth (35th) jurisdiction. Thereafterit 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 shall be invited to participate in the activities ofthe Interstate commission on a nonvoting basis prior to adoption of the compactby all states and territories of the United States.
(c) The Interstate commission may propose amendments to thecompact for enactment by the compacting states. No amendment shall becomeeffective and binding upon the Interstate commission and the compacting statesunless and until it is enacted into law by unanimous consent of the compactingstates.
ARTICLE XI WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIALENFORCEMENT
(a) Withdrawal:
(1) Once effective, the compact shall continue in force andremain binding upon each and every compacting state; provided that a compactingstate may withdraw from the compact by specifically repealing the statute,which enacted the compact into law.
(2) The effective date of withdrawal is the effective date ofthe repeal.
(3) The withdrawing state shall immediately notify thechairperson of the Interstate commission in writing upon the introduction oflegislation repealing this compact in the withdrawing state. The Interstatecommission shall notify the other compacting states of the withdrawing state'sintent to withdraw within sixty (60) days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments,obligations and liabilities incurred through the effective date of withdrawal,including any obligations, the performance of which extend beyond the effectivedate of withdrawal.
(5) Reinstatement following withdrawal of any compactingstate shall occur upon the withdrawing state reenacting the compact or uponsuch later date as determined by the Interstate commission.
(1) If the Interstate commission determines that anycompacting state has at any time defaulted in the performance of any of itsobligations or responsibilities under this compact, or the bylaws or dulypromulgated rules, the Interstate commission may impose any or all of thefollowing penalties:
(a) Remedial training and technical assistance as directed bythe Interstate commission;
(b) Alternative Dispute Resolution;
(c) Fines, fees, and costs in such amounts as are deemed tobe reasonable as fixed by the Interstate commission; and
(d) Suspension or termination of membership in the compact,which shall be imposed only after all other reasonable means of securingcompliance under the bylaws and rules have been exhausted and the Interstatecommission has therefore determined that the offending state is in default.Immediate notice of suspension shall be given by the Interstate commission tothe Governor, the Chief Justice or the Chief Judicial Officer of the state, themajority and minority leaders of the defaulting state's legislature, and thestate council. The grounds for default include, but are not limited to, failureof a compacting state to perform such obligations or responsibilities imposedupon it by this compact, the bylaws, or duly promulgated rules and any othergrounds designated in commission bylaws and rules. The Interstate commissionshall immediately notify the defaulting state in writing of the penalty imposedby the Interstate commission and of the default pending a cure of the default.The commission shall stipulate the conditions and the time period within whichthe defaulting state must cure its default. If the defaulting state fails tocure the default within the time period specified by the commission, thedefaulting state shall be terminated from the compact upon an affirmative voteof a majority of the compacting states and all rights, privileges and benefitsconferred by this compact shall be terminated from the effective date oftermination.
(2) Within sixty (60) days of the effective date oftermination of a defaulting state, the Commission shall notify the Governor,the Chief Justice or Chief Judicial Officer, the majority and minority leadersof the defaulting state's legislature, and the state council of suchtermination.
(3) The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date of terminationincluding any obligations, the performance of which extends beyond theeffective date of termination.
(4) The Interstate commission shall not bear any costsrelating to the defaulting state unless otherwise mutually agreed upon inwriting between the Interstate commission and the defaulting state.
(5) Reinstatement following termination of any compactingstate requires both a reenactment of the compact by the defaulting state andthe approval of the Interstate commission pursuant to the rules.
(c) Judicial Enforcement:
The Interstate commission may, by majority vote of themembers, initiate legal action in the United States District Court for theDistrict of Columbia or, at the discretion of the Interstate commission, in thefederal district where the Interstate commission has its offices, to enforcecompliance with the provisions of the compact, its duly promulgated rules andbylaws, against any compacting state in default. In the event judicialenforcement is necessary the prevailing party shall be awarded all costs ofsuch litigation including reasonable attorneys' fees.
(d) Dissolution of Compact:
(1) The compact dissolves effective upon the date of thewithdrawal or default of the compacting state, which reduces membership in thecompact to one (1) compacting state.
(2) Upon the dissolution of this compact, the compact becomesnull and void and shall be of no further force or effect, and the business andaffairs of the Interstate commission shall be concluded and any surplus fundsshall be distributed in accordance with the bylaws.
ARTICLE XII SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable, and if anyphrase, clause, sentence or provision is deemed unenforceable, the remainingprovisions of the compact shall be enforceable. Provided, further, that theprovisions of this compact shall be liberally construed to effectuate itspurposes.
ARTICLE XIII BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other Laws:
(1) Nothing herein prevents the enforcement of any other lawof a compacting state that is not inconsistent with this compact.
(2) All compacting states' laws other than stateconstitutions and other interstate compacts conflicting with this compact aresuperseded to the extent of the conflict.
(b) Binding Effect of the Compact:
(1) All lawful actions of the Interstate commission,including all rules and bylaws promulgated by the Interstate commission, arebinding upon the compacting states.
(2) All agreements between the Interstate commission and thecompacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning orinterpretation of Interstate commission actions, and upon a majority vote ofthe compacting states, the Interstate commission may issue advisory opinionsregarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds theconstitutional limits imposed on the legislature of any compacting state, theobligations, duties, powers or jurisdiction sought to be conferred by suchprovision upon the Interstate commission shall be ineffective and suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall be exercised by the agency thereof to which such obligations,duties, powers or jurisdiction are delegated by law in effect at the time thiscompact becomes effective.
§ 14-6.1-1 Execution of compact. –The governor on behalf of the state of Rhode Island and Providence Plantationsis authorized to execute a compact, in substantially the following form, withstate, territory or possession of the United States, the District of Columbia,and the Commonwealth of Puerto Rico, and the general assembly signifies inadvance its approval and ratification of compact.
The Interstate Compact on Juveniles
The contracting states solemnly agree:
ARTICLE I PURPOSE
The compacting states to this interstate compact recognizethat each state is responsible for the proper supervision or return ofjuveniles, delinquents and status offenders who are on probation or parole andwho have absconded, escaped or run away from supervision and control and in sodoing have endangered their own safety and the safety of others. The compactingstates also recognize that each state is responsible for the safe return ofjuveniles who have run away from home and in doing so have left their state ofresidence. The compacting states also recognize that congress, by enacting theCrime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouragedcompacts for cooperative efforts and mutual assistance in the prevention ofcrime.
It is the purpose of this compact, through means of joint andcooperative action among the compacting states to: (1) ensure that theadjudicated juveniles and status offenders subject to this compact are providedadequate supervision and services in the receiving state as ordered by theadjudicating judge or parole authority in the sending state; (2) ensure thatthe public safety interests of the citizens, including the victims of juvenileoffenders, in both the sending and receiving states are adequately protected;(3) return juveniles who have run away, absconded or escaped from supervisionor control or have been accused of an offense to the state requesting theirreturn; (4) make contracts for the cooperative institutionalization in publicfacilities in member states for delinquent youth needing special services; (5)provide for the effective tracking and supervision of juveniles; (6) equitablyallocate the costs, benefits and obligations of the compacting states; (7)establish procedures to manage the movement between states of juvenileoffenders released to the community under the jurisdiction of courts, juveniledepartments, or any other criminal or juvenile justice agency which hasjurisdiction over juvenile offenders; (8) insure immediate notice tojurisdictions where defined offenders are authorized to travel or to relocateacross state lines; (9) establish procedures to resolve pending charges(detainers) against juvenile offenders prior to transfer or release to thecommunity under the terms of this compact; (10) establish a system of uniformdata collection on information pertaining to juveniles subject to this compactthat allows access by authorized juvenile justice and criminal justiceofficials, and regular reporting of compact activities to heads of stateexecutive, judicial, and legislative branches and juvenile and criminal justiceadministrators; (11) monitor compliance with rules governing interstatemovement of juveniles and initiate interventions to address and correctnoncompliance; (12) coordinate training and education regarding the regulationof interstate movement of juveniles for officials involved in such activity;and (13) coordinate the implementation and operation of the compact with theinterstate compact for the placement of children, the interstate compact foradult offender supervision and other compacts affecting juveniles particularlyin those cases where concurrent or overlapping supervision issues arise. It isthe policy of the compacting states that the activities conducted by theinterstate commission created herein are the formation of public policies andtherefore are public business. Furthermore, the compacting states shallcooperate and observe their individual and collective duties andresponsibilities for the prompt return and acceptance of juveniles subject tothe provisions of this compact. The provisions of this compact shall bereasonably and liberally construed to accomplish the purposes and policies ofthe compact.
ARTICLE II DEFINITIONS
As used in this compact, unless the context clearly requiresa different construction:
(1) "Bylaws" mans: those bylaws established by the interstatecommission for its governance, or for directing or controlling its actions orconduct.
(2) "Compact administrator" means: the individual in eachcompacting state appointed pursuant to the terms of this compact, responsiblefor the administration and management of the state's supervision and transferof juveniles subject to the terms of this compact, the rules adopted by theinterstate commission and policies adopted by the state council under thiscompact.
(3) "Compacting state" means: any state which has enacted theenabling legislation for this compact.
(4) "Commissioner" means: the voting representative of eachcompacting state appointed pursuant to Article III of this compact.
(5) "Court" means: any court having jurisdiction overdelinquent, neglected, or dependent children.
(6) "Deputy compact administrator" means: the individual, ifany, in each compacting state appointed to act on behalf of a compactadministrator pursuant to the terms of this compact responsible for theadministration and management of the state's supervision and transfer ofjuveniles subject to the terms of this compact, the rules adopted by theinterstate commission and policies adopted by the state council under thiscompact.
(7) "Interstate commission" means: the interstate commissionfor juveniles created by Article III of this compact.
(8) "Juvenile" means: any person defined as a juvenile in anymember state or by the rules of the interstate commission, including:
(a) Accused delinquent – a person charged with anoffense that, if committed by an adult, would be a criminal offense;
(b) Adjudicated delinquent – a person found to havecommitted an offense that, if committed by an adult, would be a criminaloffense;
(c) Accused status offender – a person charged with anoffense that would not be a criminal offense if committed by an adult;
(d) Adjudicated status offender – a person found to havecommitted an offense that would not be a criminal offense if committed by anadult; and
(e) Nonoffender – a person in need of supervision whohas not been accused or adjudicated a status offender or delinquent.
(9) "Noncompacting state" means: any state which has notenacted the enabling legislation for this compact.
(10) "Probation or parole" means: any kind of supervision orconditional release of juveniles authorized under the laws of the compactingstates.
(11) "Rule" means: a written statement by the interstatecommission promulgated pursuant to Article VI of this compact that is ofgeneral applicability, implements, interprets or prescribes a policy orprovision of the compact, or an organizational, procedural, or practicerequirement of the commission, and has the force and effect of statutory law ina compacting state, and includes the amendment, repeal, or suspension of anexisting rule.
(12) "State" means: a state of the United States, theDistrict of Columbia (or its designee), the Commonwealth of Puerto Rico, theU.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III INTERSTATE COMMISSION FOR JUVENILES
(a) The compacting states hereby create the "Interstatecommission for Juveniles." The commission shall be a body corporate and jointagency of the compacting states. The commission shall have all theresponsibilities, powers and duties set forth herein, and such additionalpowers as may be conferred upon it by subsequent action of the respectivelegislatures of the compacting states in accordance with the terms of thiscompact.
(b) The interstate commission shall consist of commissionersappointed by the appropriate appointing authority in each state pursuant to therules and requirements of each compacting state and in consultation with thestate council for interstate juvenile supervision created hereunder. Thecommissioner shall be the compact administrator, deputy compact administratoror designee from that state who shall serve on the interstate commission insuch capacity under or pursuant to the applicable law of the compacting state.
(c) In addition to the commissioners who are the votingrepresentatives of each state, the interstate commission shall includeindividuals who are not commissioners, but who are members of interestedorganizations. Such noncommissioner members must include a member of thenational organizations of governors, legislators, state chief justices,attorneys general, interstate compact for adult offender supervision,interstate compact for the placement of children, juvenile justice and juvenilecorrections officials, and crime victims. All noncommissioner members of theinterstate commission shall be ex-officio (nonvoting) members. The interstatecommission may provide in its bylaws for such additional ex-officio (nonvoting)members, including members of other national organizations, in such numbers asshall be determined by the commission.
(d) Each compacting state represented at any meeting of thecommission is entitled to one vote. A majority of the compacting states shallconstitute a quorum for the transaction of business, unless a larger quorum isrequired by the bylaws of the interstate commission.
(e) The commission shall meet at least once each calendaryear. The chairperson may call additional meetings and, upon the request of asimple majority of the compacting states, shall call additional meetings.Public notice shall be given of all meetings and meetings shall be open to thepublic.
(f) The interstate commission shall establish an executivecommittee, which shall include commission officers, members, and others asdetermined by the bylaws. The executive committee shall have the power to acton behalf of the interstate commission during periods when the interstatecommission is not in session, with the exception of rulemaking and/or amendmentto the compact. The executive committee shall oversee the day-to-day activitiesof the administration of the compact managed by an executive director andinterstate commission staff; administers enforcement and compliance with theprovisions of the compact, its bylaws and rules, and performs such other dutiesas directed by the interstate commission or set forth in the bylaws.
(g) Each member of the interstate commission shall have theright and power to cast a vote to which that compacting state is entitled andto participate in the business and affairs of the interstate commission. Amember shall vote in person and shall not delegate a vote to another compactingstate. However, a commissioner, in consultation with the state council, shallappoint another authorized representative, in the absence of the commissionerfrom that state, to cast a vote on behalf of the compacting state at aspecified meeting. The bylaws may provide for members' participation inmeetings by telephone or other means of telecommunication or electroniccommunication.
(h) The interstate commission's bylaws shall establishconditions and procedures under which the interstate commission shall make itsinformation and official records available to the public for inspection orcopying. The interstate commission may exempt from disclosure any informationor official records to the extent they would adversely affect personal privacyrights or proprietary interests.
(i) Public notice shall be given of all meetings and allmeetings shall be open to the public, except as set forth in the rules or asotherwise provided in the compact. The interstate commission and any of itscommittees may close a meeting to the public where it determines by two-thirds(2/3) vote that an open meeting would be likely to:
(1) Relate solely to the interstate commission's internalpersonnel practice and procedures;
(2) Disclose matters specifically exempted from disclosure bystatute;
(3) Disclose trade secrets or commercial or financialinformation which is privileged or confidential;
(4) Involve accusing any person of a crime, or formallycensuring any person;
(5) Disclose information of a personal nature wheredisclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigative records compiled for lawenforcement purposes;
(7) Disclose information contained in or related toexamination, operating or condition reports prepared by, or on behalf of or forthe use of, the interstate commission with respect to a regulated person orentity for the purpose of regulation or supervision of such person or entity;
(8) Disclose information, the premature disclosure of whichwould significantly endanger the stability of a regulated person or entity; or
(9) Specifically relate to the interstate commission'sissuance of a subpoena, or its participation in a civil action or other legalproceeding.
(j) For every meeting closed pursuant to this provision, theinterstate commission's legal counsel shall publicly certify that, in the legalcounsel's opinion, the meeting may be closed to the public, and shall referenceeach relevant exemptive provision. The interstate commission shall keep minuteswhich shall fully and clearly describe all matters discussed in any meeting andshall provide a full and accurate summary of any actions taken, and the reasonstherefore, including a description of each of the views expressed on any itemand the record of any roll call vote (reflected in the vote of each member onthe question). All documents considered in connection with any action shall beidentified in such minutes.
(k) The interstate commission shall collect standardized dataconcerning the interstate movement of juveniles as directed through its ruleswhich shall specify the data to be collected, the means of collection and dataexchange and reporting requirements. Such methods of data collection, exchangeand reporting shall insofar as is reasonably possible conform to up-to-datetechnology and coordinate its information functions with the appropriaterepository of records.
ARTICLE IV POWERS AND DUTIES OF THE INTERSTATECOMMISSION
The commission shall have the following powers and duties:
(1) To provide for dispute resolution among compacting states.
(2) To promulgate rules to effect the purposes andobligations as enumerated in this compact, which shall have the force andeffect of statutory law and shall be binding in the compacting states to theextent and in the manner provided in this compact.
(3) To oversee, supervise and coordinate the interstatemovement of juveniles subject to the terms of this compact and any bylawsadopted and rules promulgated by the interstate commission.
(4) To enforce compliance with the compact provisions, therules promulgated by the interstate commission, and the bylaws, using allnecessary and proper means, including, but not limited to, the use of judicialprocess.
(5) To establish and maintain offices which shall be locatedwithin one (1) or more of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services ofpersonnel.
(8) To establish and appoint committees and hire staff whichit deems necessary for the carrying out of its functions including, but notlimited to, an executive committee as required by Article III which shall havethe power to act on behalf of the interstate commission in carrying out itspowers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees,agents, or consultants, and to fix their compensation, define their duties anddetermine their qualifications; and to establish the interstate commission'spersonnel policies and programs relating to, inter alia, conflicts of interest,rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money,equipment, supplies, materials, and services, and to receive, utilize, anddispose of it.
(11) To lease, purchase, accept contributions or donationsof, or otherwise to own, hold, improve or use any property, real, personal, ormixed.
(12) To sell, convey, mortgage, pledge, lease, exchange,abandon, or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levydues as provided in Article VIII of this compact.
(14) To sue and be sued.
(15) To adopt a seal and bylaws governing the management andoperation of the interstate commission.
(16) To perform such functions as may be necessary orappropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures, governors,judiciary, and state councils of the compacting states concerning theactivities of the interstate commission during the preceding year. Such reportsshall also include any recommendations that may have been adopted by theinterstate commission.
(18) To coordinate education, training and public awarenessregarding the interstate movement of juveniles for officials involved in suchactivity.
(19) To establish uniform standards of the reporting,collecting and exchanging of data.
(20) The interstate commission shall maintain its corporatebooks and records in accordance with the bylaws.
ARTICLE V ORGANIZATION AND OPERATION OF THE INTERSTATECOMMISSION
(a) Bylaws – The interstate commission shall, by amajority of the members present and voting, within twelve (12) months after thefirst interstate commission meeting, adopt bylaws to govern its conduct as maybe necessary or appropriate to carry out the purposes of the compact,including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such othercommittees as may be necessary;
(3) Provide for the establishment of committees governing anygeneral or specific delegation of any authority or function of the interstatecommission;
(4) Providing reasonable procedures for calling andconducting meetings of the interstate commission, and ensuring reasonablenotice of each such meeting;
(5) Establishing the titles and responsibilities of theofficers of the interstate commission;
(6) Providing a mechanism for concluding the operations ofthe interstate commission and the return of any surplus funds that may existupon the termination of the compact after the payment and/or reserving of allof its debts and obligations;
(7) Providing "start-up" rules for initial administration ofthe compact; and
(8) Establishing standards and procedures for compliance andtechnical assistance in carrying out the compact.
(b) Officers and staff:
(1) The interstate commission shall, by a majority of themembers, elect annually from among its members a chairperson and a vicechairperson, each of whom shall have such authority and duties as may bespecified in the bylaws. The chairperson or, in the chairperson's absence ordisability, the vice-chairperson shall preside at all meetings of theinterstate commission. The officers so elected shall serve without compensationor remuneration from the interstate commission; provided that, subject to theavailability of budgeted funds, the officers shall be reimbursed for anyordinary and necessary costs and expenses incurred by them in the performanceof their duties and responsibilities as officers of the interstate commission.
(2) The interstate commission shall, through its executivecommittee, appoint or retain an executive director for such period, upon suchterms and conditions and for such compensation as the interstate commission maydeem appropriate. The executive director shall serve as secretary to theinterstate commission, but shall not be a member and shall hire and supervisesuch other staff as may be authorized by the interstate commission.
(c) Qualified immunity – Defense and indemnification:
(1) The commission's executive director and employees shallbe immune from suit and liability, either personally or in their officialcapacity, for any claim for damage to or loss of property or personal injury orother civil liability caused or arising out of or relating to any actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred without he scope of commissionemployment, duties, or responsibilities; provided, that any such person shallnot be protected from suit or liability for any damage, loss, injury, orliability caused by the intentional or willful and wanton misconduct of anysuch person.
(2) The liability of any commissioner, or the employee oragent of a commissioner, acting within the scope of such person's employment orduties for acts, errors, or omissions occurring within such person's state maynot exceed the limits of liability set forth under the constitution and laws ofthat state for state officials, employees, and agents. Nothing in thissubsection shall be construed to protect any such person from suit or liabilityfor any damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of any such person.
(3) The interstate commission shall defend the executivedirector or the employees or representatives of the interstate commission and,subject to the approval of the attorney general of the state represented by anycommissioner of a compacting state, shall defend such commissioner or thecommissioner's representatives or employees in any civil action seeking toimpose liability arising out of any actual or alleged act, error or omissionthat occurred within 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 or willful and wanton misconduct on the part ofsuch person.
(4) The interstate commission shall indemnify and hold thecommissioner of a compacting state, or the commissioner's representatives oremployees, or the interstate commission's representatives or employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising out of any actual or alleged act, error, or omission thatoccurred within the scope of interstate commission employment, duties, orresponsibilities or that such persons had a reasonable basis for believingoccurred within the scope of interstate commission employment, duties, orresponsibilities; provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the part ofsuch persons.
ARTICLE VI RULEMAKING FUNCTIONS OF THE INTERSTATECOMMISSION
(a) The interstate commission shall promulgate and publishrules in order to effectively and efficiently achieve the purposes of thecompact.
(b) Rulemaking shall occur pursuant to the criteria set forthin this article and the bylaws and rules adopted pursuant thereto. Suchrulemaking shall substantially conform to the principles of the "Model StateAdministrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1(2000), or such other administrative procedures act, as the interstatecommission deems appropriate consistent with due process requirements under theU.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court.All rules and amendments shall become binding as of the date specified, aspublished with the final version of the rule as approved by the Commission.
(c) When promulgating a rule, the interstate commissionshall, at a minimum:
(1) publish the proposed rule's entire text stating thereason(s) for that proposed rule;
(2) allow and invite any and all persons to submit writtendata, facts, opinions and arguments, which information shall be added to therecord, and be made publicly available;
(3) provide an opportunity for an informal hearing ifpetitioned by ten (10) or more persons; and
(4) promulgate a final rule and it's effective date, ifappropriate, based on input from state or local officials, or interestedparties.
(d) Allow, not later than sixty (60) days after a rule ispromulgated, any interested person to file a petition in the United StatesDistrict Court for the District of Columbia or in the Federal District Courtwhere the interstate commission's principal office is located for judicialreview of such rule. If the court finds that the interstate commission's actionis not supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of this subsection,evidence is substantial if it would be considered substantial evidence underthe Model State Administrative Procedures Act.
(e) If a majority of the legislatures of the compactingstates rejects a rule, those states may, by enactment of a statute orresolution in the same manner used to adopt the compact, cause that such ruleshall have no further force and effect in any compacting state.
(f) The existing rules governing the operation of theinterstate compact on juveniles superceded by this act shall be null and voidtwelve (12) months after the first meeting of the interstate commission createdhereunder.
(g) Upon determination by the interstate commission that astate-of-emergency exists, it may promulgate an emergency rule which shallbecome effective immediately upon adoption, provided that the usual rulemakingprocedures provided hereunder shall be retroactively applied to said rule assoon as reasonably possible, but no later than ninety (90) days after theeffective date of the emergency rule.
ARTICLE VII OVERSIGHT, ENFORCEMENT AND DISPUTERESOLUTION BY THE INTERSTATE COMMISSION
(a) Oversight:
(1) The interstate commission shall oversee theadministration and operations of the interstate movement of juveniles subjectto this compact in the compacting states and shall monitor such activitiesbeing administered in noncompacting states, which may significantly affectcompacting states.
(2) The courts and executive agencies in each compactingstate shall enforce this compact and shall take all actions necessary andappropriate to effectuate the compact's purposes and intent. The provisions ofthis compact and the rules promulgated hereunder shall be received by all thejudges, public officers, commissions, and departments of the state governmentas evidence of the authorized statute and administrative rules. All courtsshall take judicial notice of the compact and the rules. In any judicial oradministrative proceeding in a compacting state pertaining to the subjectmatter of this compact which may affect the powers, responsibilities or actionsof the interstate commission, it shall be entitled to receive all service ofprocess in any such proceeding, and shall have standing to intervene in theproceeding for all purposes.
(b) Dispute Resolution:
(1) The compacting states shall report to the interstatecommission on all issues and activities necessary for the administration of thecompact as well as issues and activities pertaining to compliance with theprovisions of the compact and its bylaws and rules.
(2) The interstate commission shall attempt, upon the requestof a compacting state, to resolve any disputes or other issues which aresubject to the compact and which may arise among compacting states and betweencompacting and noncompacting states. The commission shall promulgate a ruleproviding for both mediation and binding dispute resolution for disputes amongthe compacting states.
(3) The interstate commission, in the reasonable exercise ofits discretion, shall enforce the provisions and rules of this compact usingany or all means set forth in Article XI of this compact.
ARTICLE VIII FINANCE
(a) The interstate commission shall pay or provide for thepayment of the reasonable expenses of its establishment, organization andongoing activities.
(b) The interstate commission shall levy on and collect anannual assessment from each compacting state to cover the cost of the internaloperations and activities of the interstate commission and its staff which mustbe in a total amount sufficient to cover the interstate commission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocated based upon a formula to be determined by the interstate commission,taking into consideration the population of each compacting state and thevolume of interstate movement of juveniles in each compacting state and shallpromulgate a rule binding upon all compacting states which governs saidassessment.
(c) The Interstate commission shall not incur any obligationsof any kind prior to securing the funds adequate to meet the same; nor shallthe Interstate commission pledge the credit of any of the compacting states,except by and with the authority of the compacting state.
(d) The Interstate commission shall keep accurate accounts ofall receipts and disbursements. The receipts and disbursements of theInterstate commission shall be subject to the audit and accounting proceduresestablished under its bylaws. However, all receipts and disbursements of fundshandled by the Interstate commission shall be audited yearly by a certified orlicensed public accountant and the report of the audit shall be included in andbecome part of the annual report of the Interstate commission.
ARTICLE IX THE STATE COUNCIL
Each member state shall create a state council for InterstateJuvenile Supervision. While each state may determine the membership of its ownstate council, its membership must include at least one (1) representative fromthe legislative, judicial, and executive branches of government, victimsgroups, and the compact administrator, deputy compact administrator ordesignee. Each compacting state retains the right to determine thequalifications of the compact administrator or deputy compact administrator.Each state council will advise and may exercise oversight and advocacyconcerning that state's participation in Interstate commission activities andother duties as may be determined by that state, including, but not limited to,development of policy concerning operations and procedures of the compactwithin that state.
ARTICLE X COMPACTING STATES, EFFECTIVE DATE ANDAMENDMENT
(a) Any state, the District of Columbia (or its designee),the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Mariana's Islands as defined in Article II of this compact iseligible to become a compacting state.
(b) The compact shall become effective and binding uponlegislative enactment of the compact into law by no less than thirty-five (35)of the states. The initial effective date shall be the latter of July 1, 2004or upon enactment into law by the thirty-fifth (35th) jurisdiction. Thereafterit 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 shall be invited to participate in the activities ofthe Interstate commission on a nonvoting basis prior to adoption of the compactby all states and territories of the United States.
(c) The Interstate commission may propose amendments to thecompact for enactment by the compacting states. No amendment shall becomeeffective and binding upon the Interstate commission and the compacting statesunless and until it is enacted into law by unanimous consent of the compactingstates.
ARTICLE XI WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIALENFORCEMENT
(a) Withdrawal:
(1) Once effective, the compact shall continue in force andremain binding upon each and every compacting state; provided that a compactingstate may withdraw from the compact by specifically repealing the statute,which enacted the compact into law.
(2) The effective date of withdrawal is the effective date ofthe repeal.
(3) The withdrawing state shall immediately notify thechairperson of the Interstate commission in writing upon the introduction oflegislation repealing this compact in the withdrawing state. The Interstatecommission shall notify the other compacting states of the withdrawing state'sintent to withdraw within sixty (60) days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments,obligations and liabilities incurred through the effective date of withdrawal,including any obligations, the performance of which extend beyond the effectivedate of withdrawal.
(5) Reinstatement following withdrawal of any compactingstate shall occur upon the withdrawing state reenacting the compact or uponsuch later date as determined by the Interstate commission.
(1) If the Interstate commission determines that anycompacting state has at any time defaulted in the performance of any of itsobligations or responsibilities under this compact, or the bylaws or dulypromulgated rules, the Interstate commission may impose any or all of thefollowing penalties:
(a) Remedial training and technical assistance as directed bythe Interstate commission;
(b) Alternative Dispute Resolution;
(c) Fines, fees, and costs in such amounts as are deemed tobe reasonable as fixed by the Interstate commission; and
(d) Suspension or termination of membership in the compact,which shall be imposed only after all other reasonable means of securingcompliance under the bylaws and rules have been exhausted and the Interstatecommission has therefore determined that the offending state is in default.Immediate notice of suspension shall be given by the Interstate commission tothe Governor, the Chief Justice or the Chief Judicial Officer of the state, themajority and minority leaders of the defaulting state's legislature, and thestate council. The grounds for default include, but are not limited to, failureof a compacting state to perform such obligations or responsibilities imposedupon it by this compact, the bylaws, or duly promulgated rules and any othergrounds designated in commission bylaws and rules. The Interstate commissionshall immediately notify the defaulting state in writing of the penalty imposedby the Interstate commission and of the default pending a cure of the default.The commission shall stipulate the conditions and the time period within whichthe defaulting state must cure its default. If the defaulting state fails tocure the default within the time period specified by the commission, thedefaulting state shall be terminated from the compact upon an affirmative voteof a majority of the compacting states and all rights, privileges and benefitsconferred by this compact shall be terminated from the effective date oftermination.
(2) Within sixty (60) days of the effective date oftermination of a defaulting state, the Commission shall notify the Governor,the Chief Justice or Chief Judicial Officer, the majority and minority leadersof the defaulting state's legislature, and the state council of suchtermination.
(3) The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date of terminationincluding any obligations, the performance of which extends beyond theeffective date of termination.
(4) The Interstate commission shall not bear any costsrelating to the defaulting state unless otherwise mutually agreed upon inwriting between the Interstate commission and the defaulting state.
(5) Reinstatement following termination of any compactingstate requires both a reenactment of the compact by the defaulting state andthe approval of the Interstate commission pursuant to the rules.
(c) Judicial Enforcement:
The Interstate commission may, by majority vote of themembers, initiate legal action in the United States District Court for theDistrict of Columbia or, at the discretion of the Interstate commission, in thefederal district where the Interstate commission has its offices, to enforcecompliance with the provisions of the compact, its duly promulgated rules andbylaws, against any compacting state in default. In the event judicialenforcement is necessary the prevailing party shall be awarded all costs ofsuch litigation including reasonable attorneys' fees.
(d) Dissolution of Compact:
(1) The compact dissolves effective upon the date of thewithdrawal or default of the compacting state, which reduces membership in thecompact to one (1) compacting state.
(2) Upon the dissolution of this compact, the compact becomesnull and void and shall be of no further force or effect, and the business andaffairs of the Interstate commission shall be concluded and any surplus fundsshall be distributed in accordance with the bylaws.
ARTICLE XII SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable, and if anyphrase, clause, sentence or provision is deemed unenforceable, the remainingprovisions of the compact shall be enforceable. Provided, further, that theprovisions of this compact shall be liberally construed to effectuate itspurposes.
ARTICLE XIII BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other Laws:
(1) Nothing herein prevents the enforcement of any other lawof a compacting state that is not inconsistent with this compact.
(2) All compacting states' laws other than stateconstitutions and other interstate compacts conflicting with this compact aresuperseded to the extent of the conflict.
(b) Binding Effect of the Compact:
(1) All lawful actions of the Interstate commission,including all rules and bylaws promulgated by the Interstate commission, arebinding upon the compacting states.
(2) All agreements between the Interstate commission and thecompacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning orinterpretation of Interstate commission actions, and upon a majority vote ofthe compacting states, the Interstate commission may issue advisory opinionsregarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds theconstitutional limits imposed on the legislature of any compacting state, theobligations, duties, powers or jurisdiction sought to be conferred by suchprovision upon the Interstate commission shall be ineffective and suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall be exercised by the agency thereof to which such obligations,duties, powers or jurisdiction are delegated by law in effect at the time thiscompact becomes effective.
