§ 53.1-176.2. Short title; Governor to execute; form of compact.
This article may be cited as "The Interstate Compact for the Supervision ofAdult Offenders." The Governor shall execute, on behalf of the Commonwealth,with any other state or states legally joining therein a compact that shallbe in form substantially as follows:
ARTICLE I. PURPOSE.
The Compacting States to this Interstate Compact recognize that each state isresponsible for the supervision of adult offenders in the community who areauthorized pursuant to the Bylaws and Rules of this compact to travel acrossstate lines both to and from each Compacting State in such a manner as totrack the location of offenders, transfer supervision authority in an orderlyand efficient manner, and when necessary return offenders to the originatingjurisdictions. The Compacting States also recognize that Congress, byenacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized andencouraged compacts for cooperative efforts and mutual assistance in theprevention of crime.
It is the purpose of this Compact and the Interstate Commission createdhereunder, through means of joint and cooperative action among the CompactingStates: to provide the framework for the promotion of public safety andprotect the rights of victims through the control and regulation of theinterstate movement of offenders in the community; to provide for theeffective tracking, supervision, and rehabilitation of these offenders by thesending and receiving states; and to equitably distribute the costs, benefitsand obligations of the Compact among the Compacting States. In addition, thisCompact will: create an Interstate Commission, which will establish uniformprocedures to manage the movement between states of adults placed undercommunity supervision and released to the community under the jurisdiction ofcourts, paroling authorities, corrections or other criminal justice agenciesand which will promulgate rules to achieve the purpose of this Compact;ensure an opportunity for input and timely notice to victims and tojurisdictions where defined offenders are authorized to travel or to relocateacross state lines; establish a system of uniform data collection, access toinformation on active cases by authorized criminal justice officials, andregular reporting of Compact activities to heads of State Councils, stateexecutive, judicial, and legislative branches and criminal justiceadministrators; monitor compliance with rules governing interstate movementof offenders and initiate interventions to address and correct noncompliance;and coordinate training and education regarding regulations of interstatemovement of offenders for officials involved in such activity.
The Compacting States recognize that there is no "right" of any offender tolive in another state and that duly accredited officers of a sending statemay at all times enter a receiving state and there apprehend and retake anyoffender under supervision subject to the provisions of this Compact and theBylaws and Rules promulgated hereunder. It is the policy of the CompactingStates that the activities conducted by the Interstate Commission createdherein are the formation of public policies and are therefore public business.
ARTICLE II. DEFINITIONS.
As used in this Compact, unless the context clearly requires a differentconstruction:
1. "Adult" means both individuals legally classified as adults andjuveniles treated as adults by court order, statute, or operation of law.
2. "Bylaws" means those bylaws established by the Interstate Commission forits governance, or for directing or controlling the Interstate Commission'sactions or conduct.
3. "Compact Administrator" means the individual in each compacting stateappointed pursuant to the terms of this Compact responsible for theadministration and management of the state's supervision and transfer ofoffenders subject to the terms of this Compact, the rules adopted by theInterstate Commission and policies adopted by the State Council under thisCompact.
4. "Compacting State" means any state that has enacted the enablinglegislation for this Compact.
5. "Commissioner" means the voting representative of each Compacting Stateappointed pursuant to Article III of this Compact.
6. "Interstate Commission" means the Interstate Commission for AdultOffender Supervision established by this Compact.
7. "Member" means the Commissioner of a Compacting State or designee, whoshall be a person officially connected with the Commissioner.
8. "Noncompacting State" means any State that has not enacted the enablinglegislation for this Compact.
9. "Offender" means an adult placed under, or subject to, supervision asthe result of the commission of a criminal offense and released to thecommunity under the jurisdiction of courts, paroling authorities,corrections, or other criminal justice agencies.
10. "Person" means any individual, corporation, business enterprise, orother legal entity, either public or private.
11. "Rules" means acts of the Interstate Commission, duly promulgatedpursuant to Article VIII of this Compact, substantially affecting interestedparties in addition to the Interstate Commission, which shall have the forceand effect of law in the Compacting States.
12. "State" means a state of the United States, the District of Columbiaand any other territorial possessions of the United States.
13. "State Council" means the resident members of the State Council forInterstate Adult Offender Supervision created by each State under Article IIIof this Compact.
ARTICLE III. THE COMPACT COMMISSION.
The Compacting States hereby create the "Interstate Commission for AdultOffender Supervision." The Interstate Commission shall be a body corporateand joint agency of the Compacting States. The Interstate Commission shallhave all the responsibilities, powers and duties set forth herein, includingthe power to sue and be sued, and such additional powers as may be conferredupon it by subsequent action of the respective legislatures of the CompactingStates in accordance with the terms of this Compact.
The Interstate Commission shall consist of Commissioners selected andappointed by resident members of a State Council for Interstate AdultOffender Supervision for each State. In addition to the Commissioners who arethe voting representatives of each State, the Interstate Commission shallinclude individuals who are not Commissioners but who are members ofinterested organizations. Such noncommissioner members must include a memberof the national organizations of governors, legislators, state chiefjustices, attorneys general and crime victims. All noncommissioner members ofthe Interstate Commission shall be ex officio (nonvoting) members. TheInterstate Commission may provide in its Bylaws for such additional, exofficio, nonvoting members as it deems necessary.
Each Compacting State represented at any meeting of the Interstate Commissionis entitled to one vote. A majority of the Compacting States shall constitutea quorum for the transaction of business, unless a larger quorum is requiredby the Bylaws of the Interstate Commission. The Interstate Commission shallmeet at least once each calendar year. The chairperson may call additionalmeetings and, upon the request of 27 or more Compacting States, shall calladditional meetings. Public notice shall be given of all meetings, andmeetings shall be open to the public.
The Interstate Commission shall establish an Executive Committee, which shallinclude commission officers, members and others as shall be determined by theBylaws. The Executive Committee shall have the power to act on behalf of theInterstate Commission during periods when the Interstate Commission is not insession, with the exception of rulemaking or amendment to the Compact orboth. The Executive Committee oversees the day-to-day activities managed bythe Executive Director and Interstate Commission staff; administersenforcement and compliance with the provisions of the Compact, its Bylaws andas directed by the Interstate Commission and performs other duties asdirected by Commission or set forth in the Bylaws.
ARTICLE IV. THE STATE COUNCIL.
Each member state shall create a State Council for Interstate Adult OffenderSupervision, which shall be responsible for the appointment of theCommissioner who shall serve on the Interstate Commission from that state.Each State Council shall appoint as its Commissioner the CompactAdministrator from that state to serve on the Interstate Commission in suchcapacity under or pursuant to applicable law of the member state. While eachmember state may determine the membership of its own State Council, itsmembership must include at least one representative from the legislative,judicial, and executive branches of government, victims' groups and compactadministrators. Each Compacting State retains the right to determine thequalifications of the Compact Administrator who shall be appointed by theState Council or by the Governor in consultation with the Legislature and theJudiciary. In addition to appointment of its Commissioner to the nationalInterstate Commission, each State Council shall exercise oversight andadvocacy concerning its participation in Interstate Commission activities andother duties as may be determined by each member state including but notlimited to, development of policy concerning operations and procedures of theCompact within that state.
ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
The Interstate Commission shall have the following powers:
1. To adopt the seal and suitable Bylaws governing the management andoperation of the Interstate Commission.
2. To promulgate Rules, which shall have the force and effect of statutorylaw and shall be binding in the Compacting States to the extent and in themanner provided in this Compact.
3. To oversee, supervise and coordinate the interstate movement of offenderssubject to the terms of this Compact and any Bylaws adopted and Rulespromulgated by the Compact Commission.
4. To enforce compliance with Compact provisions, Interstate CommissionRules, and Bylaws, using all necessary and proper means, including but notlimited to, the use of judicial process.
5. To establish and maintain offices.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, or contract for services of personnel, including, butnot limited to, members and their staffs.
8. To establish and appoint committees and hire staff that it deems necessaryfor the carrying out of its functions including, but not limited to, anexecutive committee as required by Article III, which shall have the power toact on behalf of the Interstate Commission in carrying out its powers andduties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents,consultants, and to fix their compensation, define their duties and determinetheir qualifications; and to establish the Interstate Commission's personnelpolicies and programs relating to, among other things, 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, and dispose of same.
11. To lease, purchase, accept contributions or donations of, or otherwise toown, hold, improve or use any property, real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of any property, real, personal, or mixed.
13. To establish a budget and make expenditures and levy dues as provided inArticle X of this Compact.
14. To sue and be sued.
15. To provide for dispute resolution among Compacting States.
16. To perform such functions as may be necessary or appropriate to achievethe purposes of this Compact.
17. To report annually to the legislatures, governors, judiciary, and StateCouncils of the Compacting States concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission.
18. To coordinate education, training and public awareness regarding theinterstate movement of offenders for officials involved in such activity.
19. To establish uniform standards for the reporting, collecting, andexchanging of data.
ARTICLE VI. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
Section A. Bylaws.
The Interstate Commission shall, by a majority of the members, within 12months of the first Interstate Commission meeting, adopt Bylaws to govern itsconduct as may be necessary or appropriate to carry out the purposes of theCompact, including, but not limited to:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee and such other committees as may benecessary;
3. Providing reasonable standards and procedures: (i) for the establishmentof committees and (ii) governing any general or specific delegation of anyauthority or function of the Interstate Commission;
4. Providing reasonable procedures for calling and conducting meetings of theInterstate Commission, and ensuring reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the officers of theInterstate Commission;
6. Providing reasonable standards and procedures for the establishment of thepersonnel policies and programs of the Interstate Commission. Notwithstandingany civil service or other similar laws of any Compacting State, the Bylawsshall exclusively govern the personnel policies and programs of theInterstate Commission;
7. Providing a mechanism for winding up the operations of the InterstateCommission and the equitable return of any surplus funds that may exist uponthe termination of the Compact after the payment or reserving of all of itsdebts and obligations or both;
8. Providing transition rules for "start up" administration of the Compact;and
9. Establishing standards and procedures for compliance and technicalassistance in carrying out the Compact.
Section B. Officers and Staff.
The Interstate Commission shall, by a majority of the Members, elect fromamong its Members a chairperson and a vice chairperson, each of whom shallhave such authorities and duties as may be specified in the Bylaws. Thechairperson or, in his absence or disability, the vice chairperson, shallpreside at all meetings of the Interstate Commission. The officers so electedshall serve without compensation or remuneration from the InterstateCommission: provided that, subject to the availability of budgeted funds, theofficers shall be reimbursed for any actual and necessary costs and expensesincurred by them in the performance of their duties and responsibilities asofficers of the Interstate Commission.
The Interstate Commission shall, through its executive committee, appoint orretain an executive director for such period, upon such terms and conditionsand for such compensation as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,and hire and supervise such other staff as may be authorized by theInterstate Commission, but shall not be a member.
Section C. Corporate Records of the Interstate Commission.
The Interstate Commission shall maintain its corporate books and records inaccordance with the Bylaws.
Section D. Qualified Immunity, Defense and Indemnification.
The Members, officers, executive director and employees of the InterstateCommission shall be immune from suit and liability, either personally or intheir official capacity, for any claim for damage to or loss of property orpersonal injury or other civil liability caused or arising out of any actualor alleged act, error or omission that occurred within the scope ofInterstate Commission employment, duties or responsibilities; provided, thatnothing in this paragraph shall be construed to protect any such person fromsuit and/or liability for any damage, loss, injury or liability caused by theintentional or willful and wanton misconduct of any such person. TheInterstate Commission shall defend the Commissioner of a Compacting State, orhis representatives or employees, or the Interstate Commission'srepresentatives or employees, in any civil action seeking to imposeliability, arising out of any actual or alleged act, error or omission thatoccurred 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 wrongdoing on the part of such person.
The Interstate Commission shall indemnify and hold the Commissioner of aCompacting State, the appointed designee or employees, or the InterstateCommission's representatives or employees, harmless in the amount of anysettlement or judgment obtained against such persons arising out of anyactual or alleged act, error or omission that occurred within the scope ofInterstate Commission employment, duties or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties or responsibilities; provided, thatthe actual or alleged act, error or omission did not result from grossnegligence or intentional wrongdoing on the part of such person.
ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION.
The Interstate Commission shall meet and take such actions as are consistentwith the provisions of this Compact. Except as otherwise provided in thisCompact and unless a greater percentage is required by the Bylaws, in orderto constitute an act of the Interstate Commission, such act shall have beentaken at a meeting of the Interstate Commission and shall have received anaffirmative vote of a majority of the Members present.
Each Member of the Interstate Commission shall have the right and power tocast a vote to which that Compacting State is entitled and to participate inthe business and affairs of the Interstate Commission. A Member shall vote inperson on behalf of the State and shall not delegate a vote to another memberState. However, a State Council shall appoint another authorizedrepresentative, in the absence of the Commissioner from that State, to case avote on behalf of the member State at a specified meeting. The Bylaws mayprovide for Members' participation in meetings by telephone or other means oftelecommunication or electronic communication. Any voting conducted bytelephone, or other means of telecommunication or electronic communicationshall be subject to the same quorum requirements of meetings where Membersare present in person.
The Interstate Commission shall meet at least once during each calendar year.The chairperson of the Interstate Commission may call additional meetings atany time and, upon the request of a majority of the Members, shall calladditional meetings.
The Interstate Commission's Bylaws shall establish conditions and proceduresunder which the Interstate Commission shall make its information and officialrecords available to the public for inspection or copying. The InterstateCommission may exempt from disclosure any information or official records tothe extent they would adversely affect personal privacy rights or proprietaryinterests. In promulgating such Rules, the Interstate Commission may makeavailable to law enforcement agencies records and information otherwiseexempt from disclosure, and may enter into agreements with law-enforcementagencies to receive or exchange information or records subject tonondisclosure and confidentiality provisions.
Public notice shall be given of all meetings, and all meetings shall be opento the public, except as set forth in the Rules or as otherwise provided inthe Compact. The Interstate Commission shall promulgate Rules consistent withthe principles contained in the "Government in Sunshine Act," 5 U.S.C. §552b, as may be amended. The Interstate Commission and any of its committeesmay close a meeting to the public where it determines by two-thirds vote thatan open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel practicesand procedures;
2. Disclose matters specifically exempted from disclosure by statute;
3. Disclose trade secrets or commercial or financial information that isprivileged or confidential;
4. Involve accusing any person of a crime, or formally censuring any person;
5. Disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigatory records compiled for law-enforcement purposes;
7. Disclose information contained in or related to examination, operating orcondition reports prepared by, or on behalf of or for the use of, theInterstate Commission with respect to a regulated entity for the purpose ofregulation or supervision of such entity;
8. Disclose information, the premature disclosure of which wouldsignificantly endanger the life of a person or the stability of a regulatedentity; and
9. Specifically relate to the Interstate Commission's issuance of a subpoena,or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the InterstateCommission's chief legal officer shall publicly certify that, in his opinion,the meeting may be closed to the public, and shall reference each relevantexemptive provision. The Interstate Commission shall keep minutes that shallfully and clearly describe all matters discussed in any meeting and shallprovide a full and accurate summary of any actions taken, and the reasonstherefor, 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 shallbe identified in such minutes.
The Interstate Commission shall collect standardized data concerning theinterstate movement of offenders as directed through its Bylaws and Rules,which shall specify the data to be collected, the means of collection anddata exchange and reporting requirements.
ARTICLE VIII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
The Interstate Commission shall promulgate Rules in order to effectively andefficiently achieve the purposes of the Compact including transition rulesgoverning administration of the Compact during the period in which it isbeing considered and enacted by the States.
Rulemaking shall occur pursuant to the criteria set forth in this article andthe Bylaws and Rules adopted pursuant thereto. Such rulemaking shallsubstantially conform to the principles of the federal AdministrativeProcedure Act, 5 U.S.C.S. § 551 et seq., and the Federal Advisory CommitteeAct, 5 U.S.C.S. app. 2, § 1 et seq., as may be amended (hereinafter APA). AllRules and amendments shall become binding as of the date specified in eachRule or amendment.
If a majority of the legislatures of the Compacting States rejects a Rule, byenactment of a statute or resolution in the same manner used to adopt theCompact, then such Rule shall have no further force and effect in anyCompacting State.
When promulgating a Rule, the Interstate Commission shall:
1. Publish the proposed Rule stating with particularity the text of the Rulethat is proposed and the reason for the proposed Rule;
2. Allow persons to submit written data, facts, opinions and arguments, whichinformation shall be publicly available;
3. Provide an opportunity for an informal hearing; and
4. Promulgate a final Rule and its effective date, if appropriate, based onthe rulemaking record.
Not later than 60 days after a Rule is promulgated, any interested person mayfile a petition in the United States District Court of the District ofColumbia or in the Federal District Court where the Interstate Commission'sprincipal office is located for judicial review of such Rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence, as defined in the APA, in the rulemaking record, the court shallhold the Rule unlawful and set it aside.
Subjects to be addressed within 12 months after the first meeting must at aminimum include:
1. Notice to victims and opportunity to be heard;
2. Offender registration and compliance;
3. Violations/oreturns;
4. Transfer procedures and forms;
5. Eligibility for transfer;
6. Collection of restitution and fees from offenders;
7. Data collection and reporting;
8. The level of supervision to be provided by the receiving state;
9. Transition rules governing the operation of the Compact and the InterstateCommission during all or part of the period between the effective date of theCompact and the date on which the last eligible State adopts the Compact; and
10. Mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previous compact supercededby this Act shall be null and void 12 months after the first meeting of theInterstate Commission created hereunder.
Upon determination by the Interstate Commission that an emergency exists, itmay promulgate an emergency rule which shall become effective immediatelyupon adoption, provided that the usual rulemaking procedures providedhereunder shall be retroactively applied to said rule as soon as reasonablypossible, in no event later than 90 days after the effective date of the rule.
ARTICLE IX. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATECOMMISSION.
Section A. Oversight.
The Interstate Commission shall oversee the interstate movement of adultoffenders in the Compacting States and shall monitor such activities beingadministered in Noncompacting States that may significantly affect CompactingStates.
The courts and executive agencies in each Compacting State shall enforce thisCompact and shall take all actions necessary and appropriate to effectuatethe Compact's purposes and intent. In any judicial or administrativeproceeding in a Compacting State pertaining to the subject matter of thisCompact, which may affect the powers, responsibilities or actions of theInterstate Commission, the Interstate Commission shall be entitled to receiveall service of process in any such proceeding, and shall have standing tointervene in the proceeding for all purposes.
Section B. Dispute Resolution.
The Compacting States shall report to the Interstate Commission on issues oractivities of concern to them, and cooperate with and support the InterstateCommission in the discharge of its duties and responsibilities.
The Interstate Commission shall attempt to resolve any disputes or otherissues that are subject to the Compact and may arise among Compacting Statesand Noncompacting States.
The Interstate Commission shall enact a Bylaw or promulgate a Rule providingfor both mediation and binding dispute resolution for disputes among theCompacting States.
Section C. Enforcement.
The Interstate Commission, in the reasonable exercise of its discretion,shall enforce the provisions of this Compact using any or all means set forthin Article XII, Section B, of this Compact.
ARTICLE X. FINANCE.
The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization and ongoing activities.
The Interstate Commission shall levy on and collect an annual assessment fromeach Compacting State to cover the cost of the internal operations andactivities of the Interstate Commission and its staff, which must be in atotal amount sufficient to cover the Interstate Commission's annual budget asapproved each year. The aggregate annual assessment amount shall be allocatedbased upon a formula to be determined by the Interstate Commission, takinginto consideration the population of the State and the volume of interstatemovement of offenders in each Compacting State and shall promulgate a Rulebinding upon all Compacting States, which governs said assessment.
The Interstate Commission shall not incur any obligations of any kind priorto securing the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the Compacting States, except by andwith the authority of the Compacting State.
The Interstate Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsBylaws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.
ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.
Any State, as defined in Article II of this Compact, is eligible to become aCompacting State. The Compact shall become effective and binding uponlegislative enactment of the Compact into law by no less than 35 of theStates. The initial effective date shall be the later of July 1, 2002, orupon enactment into law by the 35th State. Thereafter it shall becomeeffective and binding, as to any other Compacting State, upon enactment ofthe Compact into law by that State. The governors of nonmember States ortheir designees will be invited to participate in Interstate Commissionactivities on a nonvoting basis prior to adoption of the Compact by allStates and territories of the United States.
Amendments to the Compact may be proposed by the Interstate Commission forenactment by the Compacting States. No amendment shall become effective andbinding upon the Interstate Commission and the Compacting States unless anduntil it is enacted into law by unanimous consent of the Compacting States.
ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT.
Section A. Withdrawal.
Once effective, the Compact shall continue in force and remain binding uponeach and every Compacting State; provided, that a Compacting State maywithdraw from the Compact (hereinafter Withdrawing State) by enacting astatute specifically repealing the statute that enacted the Compact into law.
The effective date of withdrawal is the effective date of the repeal.
The Withdrawing State shall immediately notify the chairperson of theInterstate Commission in writing upon the introduction of legislationrepealing this Compact in the Withdrawing State. The Interstate Commissionshall notify the other Compacting States of the Withdrawing State's intent towithdraw within 60 days of its receipt thereof.
The Withdrawing State is responsible for all assessments, obligations andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
Reinstatement following withdrawal of any Compacting State shall occur uponthe Withdrawing State reenacting the Compact or upon such later date asdetermined by the Interstate Commission.
Section B. Default.
If the Interstate Commission determines that any Compacting State has at anytime defaulted (hereinafter Defaulting State) in the performance of any ofits obligations or responsibilities under this Compact, the Bylaws or anyduly promulgated Rules the Interstate Commission may impose any or all of thefollowing penalties:
1. Fines, fees and costs in such amounts as are deemed to be reasonable asfixed by the Interstate Commission;
2. Remedial training and technical assistance as directed by the InterstateCommission;
3. Suspension and termination of membership in the Compact. Suspension shallbe imposed only after all other reasonable means of securing compliance underthe Bylaws and Rules have been exhausted. Immediate notice of suspensionshall be given by the Interstate Commission to the Governor, the ChiefJustice or Chief Judicial Officer of the state, the majority and minorityleaders of the defaulting state's legislature, and the State Council.
The grounds for default include, but are not limited to, failure of aCompacting State to perform such obligations or responsibilities imposed uponit by this Compact, Interstate Commission Bylaws, or duly promulgated Rules.The Interstate Commission shall immediately notify the Defaulting State inwriting of the penalty imposed by the Interstate Commission on the DefaultingState pending a cure of the default. The Interstate Commission shallstipulate the conditions and the time period within which the DefaultingState must cure its default. If the Defaulting State fails to cure thedefault within the time period specified by the Interstate Commission, inaddition to any other penalties imposed herein, the Defaulting State may beterminated from the Compact upon an affirmative vote of majority of theCompacting States and all rights, privileges and benefits conferred by thisCompact shall be terminated from the effective date of suspension. Within 60days of the effective date of termination of a Defaulting State, theInterstate Commission shall notify the Governor, the Chief Justice or ChiefJudicial Officer and the majority and minority leaders of the DefaultingState's legislature and the State Council of such termination.
The Defaulting State is responsible for all assessments, obligations andliabilities incurred through the effective date of termination including anyobligations, the performance of which extends beyond the effective date oftermination.
The Interstate Commission shall not bear any costs relating to the DefaultingState unless otherwise mutually agreed upon between the Interstate Commissionand the Defaulting State.
Reinstatement following termination of any Compacting State requires both areenactment of the Compact by the Defaulting State and the approval of theInterstate Commission pursuant to the Rules.
Section C. Judicial Enforcement.
The Interstate Commission may, by majority vote of the Members, initiatelegal action in the United States District Court for the District of Columbiaor, at the discretion of the Interstate Commission, in the Federal Districtwhere the Interstate Commission has its offices to enforce compliance withthe provision of the Compact, its duly promulgated Rules and Bylaws, againstany Compacting State in default. In the event judicial enforcement isnecessary the prevailing party shall be awarded all costs of such litigationincluding reasonable attorneys' fees.
Section D. Dissolution of Compact.
The Compact dissolves effective upon the date of the withdrawal or default ofthe Compacting State that reduces membership in the Compact to one CompactingState. Upon the dissolution of this Compact, the Compact becomes null andvoid and shall be of no further force or effect, and the business and affairsof the Interstate Commission shall be wound up and any surplus funds shall bedistributed in accordance with the Bylaws.
ARTICLE XIII. SEVERABILITY AND CONSTRUCTION.
The provisions of this Compact shall be severable, and if any phrase, clause,sentence or provision is deemed unenforceable, the remaining provisions ofthe Compact shall be enforceable.
The provisions of this Compact shall be liberally constructed to effectuateits purposes.
ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS.
Section A. Other Laws.
Nothing herein prevents the enforcement of any other law of a CompactingState that is not inconsistent with this Compact.
All Compacting States' laws conflicting with this Compact are superseded tothe extent of the conflict.
Section B. Binding Effect of the Compact.
All lawful actions of the Interstate Commission, including all Rules andBylaws promulgated by the Interstate Commission, are binding upon theCompacting States.
All agreements between the Interstate Commission and the Compacting Statesare binding in accordance with their terms.
Upon the request of the party to a conflict over meaning or interpretation ofInterstate Commission actions, and upon a majority vote of the CompactingStates, the Interstate Commission may issue advisory opinions regarding suchmeaning or interpretation.
In the event any provision of this Compact exceeds the constitutional limitsimposed on the legislature of any Compacting State, the obligations, duties,powers or jurisdiction sought to be conferred by such provision upon theInterstate Commission shall be ineffective and such obligations, duties,powers or jurisdiction shall remain in the Compacting State and shall beexercised by the agency thereof to which such obligations, duties, powers orjurisdiction are delegated by law in effect at the time this Compact becomeseffective.
§ 53.1-176.2. Short title; Governor to execute; form of compact.
This article may be cited as "The Interstate Compact for the Supervision ofAdult Offenders." The Governor shall execute, on behalf of the Commonwealth,with any other state or states legally joining therein a compact that shallbe in form substantially as follows:
ARTICLE I. PURPOSE.
The Compacting States to this Interstate Compact recognize that each state isresponsible for the supervision of adult offenders in the community who areauthorized pursuant to the Bylaws and Rules of this compact to travel acrossstate lines both to and from each Compacting State in such a manner as totrack the location of offenders, transfer supervision authority in an orderlyand efficient manner, and when necessary return offenders to the originatingjurisdictions. The Compacting States also recognize that Congress, byenacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized andencouraged compacts for cooperative efforts and mutual assistance in theprevention of crime.
It is the purpose of this Compact and the Interstate Commission createdhereunder, through means of joint and cooperative action among the CompactingStates: to provide the framework for the promotion of public safety andprotect the rights of victims through the control and regulation of theinterstate movement of offenders in the community; to provide for theeffective tracking, supervision, and rehabilitation of these offenders by thesending and receiving states; and to equitably distribute the costs, benefitsand obligations of the Compact among the Compacting States. In addition, thisCompact will: create an Interstate Commission, which will establish uniformprocedures to manage the movement between states of adults placed undercommunity supervision and released to the community under the jurisdiction ofcourts, paroling authorities, corrections or other criminal justice agenciesand which will promulgate rules to achieve the purpose of this Compact;ensure an opportunity for input and timely notice to victims and tojurisdictions where defined offenders are authorized to travel or to relocateacross state lines; establish a system of uniform data collection, access toinformation on active cases by authorized criminal justice officials, andregular reporting of Compact activities to heads of State Councils, stateexecutive, judicial, and legislative branches and criminal justiceadministrators; monitor compliance with rules governing interstate movementof offenders and initiate interventions to address and correct noncompliance;and coordinate training and education regarding regulations of interstatemovement of offenders for officials involved in such activity.
The Compacting States recognize that there is no "right" of any offender tolive in another state and that duly accredited officers of a sending statemay at all times enter a receiving state and there apprehend and retake anyoffender under supervision subject to the provisions of this Compact and theBylaws and Rules promulgated hereunder. It is the policy of the CompactingStates that the activities conducted by the Interstate Commission createdherein are the formation of public policies and are therefore public business.
ARTICLE II. DEFINITIONS.
As used in this Compact, unless the context clearly requires a differentconstruction:
1. "Adult" means both individuals legally classified as adults andjuveniles treated as adults by court order, statute, or operation of law.
2. "Bylaws" means those bylaws established by the Interstate Commission forits governance, or for directing or controlling the Interstate Commission'sactions or conduct.
3. "Compact Administrator" means the individual in each compacting stateappointed pursuant to the terms of this Compact responsible for theadministration and management of the state's supervision and transfer ofoffenders subject to the terms of this Compact, the rules adopted by theInterstate Commission and policies adopted by the State Council under thisCompact.
4. "Compacting State" means any state that has enacted the enablinglegislation for this Compact.
5. "Commissioner" means the voting representative of each Compacting Stateappointed pursuant to Article III of this Compact.
6. "Interstate Commission" means the Interstate Commission for AdultOffender Supervision established by this Compact.
7. "Member" means the Commissioner of a Compacting State or designee, whoshall be a person officially connected with the Commissioner.
8. "Noncompacting State" means any State that has not enacted the enablinglegislation for this Compact.
9. "Offender" means an adult placed under, or subject to, supervision asthe result of the commission of a criminal offense and released to thecommunity under the jurisdiction of courts, paroling authorities,corrections, or other criminal justice agencies.
10. "Person" means any individual, corporation, business enterprise, orother legal entity, either public or private.
11. "Rules" means acts of the Interstate Commission, duly promulgatedpursuant to Article VIII of this Compact, substantially affecting interestedparties in addition to the Interstate Commission, which shall have the forceand effect of law in the Compacting States.
12. "State" means a state of the United States, the District of Columbiaand any other territorial possessions of the United States.
13. "State Council" means the resident members of the State Council forInterstate Adult Offender Supervision created by each State under Article IIIof this Compact.
ARTICLE III. THE COMPACT COMMISSION.
The Compacting States hereby create the "Interstate Commission for AdultOffender Supervision." The Interstate Commission shall be a body corporateand joint agency of the Compacting States. The Interstate Commission shallhave all the responsibilities, powers and duties set forth herein, includingthe power to sue and be sued, and such additional powers as may be conferredupon it by subsequent action of the respective legislatures of the CompactingStates in accordance with the terms of this Compact.
The Interstate Commission shall consist of Commissioners selected andappointed by resident members of a State Council for Interstate AdultOffender Supervision for each State. In addition to the Commissioners who arethe voting representatives of each State, the Interstate Commission shallinclude individuals who are not Commissioners but who are members ofinterested organizations. Such noncommissioner members must include a memberof the national organizations of governors, legislators, state chiefjustices, attorneys general and crime victims. All noncommissioner members ofthe Interstate Commission shall be ex officio (nonvoting) members. TheInterstate Commission may provide in its Bylaws for such additional, exofficio, nonvoting members as it deems necessary.
Each Compacting State represented at any meeting of the Interstate Commissionis entitled to one vote. A majority of the Compacting States shall constitutea quorum for the transaction of business, unless a larger quorum is requiredby the Bylaws of the Interstate Commission. The Interstate Commission shallmeet at least once each calendar year. The chairperson may call additionalmeetings and, upon the request of 27 or more Compacting States, shall calladditional meetings. Public notice shall be given of all meetings, andmeetings shall be open to the public.
The Interstate Commission shall establish an Executive Committee, which shallinclude commission officers, members and others as shall be determined by theBylaws. The Executive Committee shall have the power to act on behalf of theInterstate Commission during periods when the Interstate Commission is not insession, with the exception of rulemaking or amendment to the Compact orboth. The Executive Committee oversees the day-to-day activities managed bythe Executive Director and Interstate Commission staff; administersenforcement and compliance with the provisions of the Compact, its Bylaws andas directed by the Interstate Commission and performs other duties asdirected by Commission or set forth in the Bylaws.
ARTICLE IV. THE STATE COUNCIL.
Each member state shall create a State Council for Interstate Adult OffenderSupervision, which shall be responsible for the appointment of theCommissioner who shall serve on the Interstate Commission from that state.Each State Council shall appoint as its Commissioner the CompactAdministrator from that state to serve on the Interstate Commission in suchcapacity under or pursuant to applicable law of the member state. While eachmember state may determine the membership of its own State Council, itsmembership must include at least one representative from the legislative,judicial, and executive branches of government, victims' groups and compactadministrators. Each Compacting State retains the right to determine thequalifications of the Compact Administrator who shall be appointed by theState Council or by the Governor in consultation with the Legislature and theJudiciary. In addition to appointment of its Commissioner to the nationalInterstate Commission, each State Council shall exercise oversight andadvocacy concerning its participation in Interstate Commission activities andother duties as may be determined by each member state including but notlimited to, development of policy concerning operations and procedures of theCompact within that state.
ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
The Interstate Commission shall have the following powers:
1. To adopt the seal and suitable Bylaws governing the management andoperation of the Interstate Commission.
2. To promulgate Rules, which shall have the force and effect of statutorylaw and shall be binding in the Compacting States to the extent and in themanner provided in this Compact.
3. To oversee, supervise and coordinate the interstate movement of offenderssubject to the terms of this Compact and any Bylaws adopted and Rulespromulgated by the Compact Commission.
4. To enforce compliance with Compact provisions, Interstate CommissionRules, and Bylaws, using all necessary and proper means, including but notlimited to, the use of judicial process.
5. To establish and maintain offices.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, or contract for services of personnel, including, butnot limited to, members and their staffs.
8. To establish and appoint committees and hire staff that it deems necessaryfor the carrying out of its functions including, but not limited to, anexecutive committee as required by Article III, which shall have the power toact on behalf of the Interstate Commission in carrying out its powers andduties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents,consultants, and to fix their compensation, define their duties and determinetheir qualifications; and to establish the Interstate Commission's personnelpolicies and programs relating to, among other things, 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, and dispose of same.
11. To lease, purchase, accept contributions or donations of, or otherwise toown, hold, improve or use any property, real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of any property, real, personal, or mixed.
13. To establish a budget and make expenditures and levy dues as provided inArticle X of this Compact.
14. To sue and be sued.
15. To provide for dispute resolution among Compacting States.
16. To perform such functions as may be necessary or appropriate to achievethe purposes of this Compact.
17. To report annually to the legislatures, governors, judiciary, and StateCouncils of the Compacting States concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission.
18. To coordinate education, training and public awareness regarding theinterstate movement of offenders for officials involved in such activity.
19. To establish uniform standards for the reporting, collecting, andexchanging of data.
ARTICLE VI. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
Section A. Bylaws.
The Interstate Commission shall, by a majority of the members, within 12months of the first Interstate Commission meeting, adopt Bylaws to govern itsconduct as may be necessary or appropriate to carry out the purposes of theCompact, including, but not limited to:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee and such other committees as may benecessary;
3. Providing reasonable standards and procedures: (i) for the establishmentof committees and (ii) governing any general or specific delegation of anyauthority or function of the Interstate Commission;
4. Providing reasonable procedures for calling and conducting meetings of theInterstate Commission, and ensuring reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the officers of theInterstate Commission;
6. Providing reasonable standards and procedures for the establishment of thepersonnel policies and programs of the Interstate Commission. Notwithstandingany civil service or other similar laws of any Compacting State, the Bylawsshall exclusively govern the personnel policies and programs of theInterstate Commission;
7. Providing a mechanism for winding up the operations of the InterstateCommission and the equitable return of any surplus funds that may exist uponthe termination of the Compact after the payment or reserving of all of itsdebts and obligations or both;
8. Providing transition rules for "start up" administration of the Compact;and
9. Establishing standards and procedures for compliance and technicalassistance in carrying out the Compact.
Section B. Officers and Staff.
The Interstate Commission shall, by a majority of the Members, elect fromamong its Members a chairperson and a vice chairperson, each of whom shallhave such authorities and duties as may be specified in the Bylaws. Thechairperson or, in his absence or disability, the vice chairperson, shallpreside at all meetings of the Interstate Commission. The officers so electedshall serve without compensation or remuneration from the InterstateCommission: provided that, subject to the availability of budgeted funds, theofficers shall be reimbursed for any actual and necessary costs and expensesincurred by them in the performance of their duties and responsibilities asofficers of the Interstate Commission.
The Interstate Commission shall, through its executive committee, appoint orretain an executive director for such period, upon such terms and conditionsand for such compensation as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,and hire and supervise such other staff as may be authorized by theInterstate Commission, but shall not be a member.
Section C. Corporate Records of the Interstate Commission.
The Interstate Commission shall maintain its corporate books and records inaccordance with the Bylaws.
Section D. Qualified Immunity, Defense and Indemnification.
The Members, officers, executive director and employees of the InterstateCommission shall be immune from suit and liability, either personally or intheir official capacity, for any claim for damage to or loss of property orpersonal injury or other civil liability caused or arising out of any actualor alleged act, error or omission that occurred within the scope ofInterstate Commission employment, duties or responsibilities; provided, thatnothing in this paragraph shall be construed to protect any such person fromsuit and/or liability for any damage, loss, injury or liability caused by theintentional or willful and wanton misconduct of any such person. TheInterstate Commission shall defend the Commissioner of a Compacting State, orhis representatives or employees, or the Interstate Commission'srepresentatives or employees, in any civil action seeking to imposeliability, arising out of any actual or alleged act, error or omission thatoccurred 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 wrongdoing on the part of such person.
The Interstate Commission shall indemnify and hold the Commissioner of aCompacting State, the appointed designee or employees, or the InterstateCommission's representatives or employees, harmless in the amount of anysettlement or judgment obtained against such persons arising out of anyactual or alleged act, error or omission that occurred within the scope ofInterstate Commission employment, duties or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties or responsibilities; provided, thatthe actual or alleged act, error or omission did not result from grossnegligence or intentional wrongdoing on the part of such person.
ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION.
The Interstate Commission shall meet and take such actions as are consistentwith the provisions of this Compact. Except as otherwise provided in thisCompact and unless a greater percentage is required by the Bylaws, in orderto constitute an act of the Interstate Commission, such act shall have beentaken at a meeting of the Interstate Commission and shall have received anaffirmative vote of a majority of the Members present.
Each Member of the Interstate Commission shall have the right and power tocast a vote to which that Compacting State is entitled and to participate inthe business and affairs of the Interstate Commission. A Member shall vote inperson on behalf of the State and shall not delegate a vote to another memberState. However, a State Council shall appoint another authorizedrepresentative, in the absence of the Commissioner from that State, to case avote on behalf of the member State at a specified meeting. The Bylaws mayprovide for Members' participation in meetings by telephone or other means oftelecommunication or electronic communication. Any voting conducted bytelephone, or other means of telecommunication or electronic communicationshall be subject to the same quorum requirements of meetings where Membersare present in person.
The Interstate Commission shall meet at least once during each calendar year.The chairperson of the Interstate Commission may call additional meetings atany time and, upon the request of a majority of the Members, shall calladditional meetings.
The Interstate Commission's Bylaws shall establish conditions and proceduresunder which the Interstate Commission shall make its information and officialrecords available to the public for inspection or copying. The InterstateCommission may exempt from disclosure any information or official records tothe extent they would adversely affect personal privacy rights or proprietaryinterests. In promulgating such Rules, the Interstate Commission may makeavailable to law enforcement agencies records and information otherwiseexempt from disclosure, and may enter into agreements with law-enforcementagencies to receive or exchange information or records subject tonondisclosure and confidentiality provisions.
Public notice shall be given of all meetings, and all meetings shall be opento the public, except as set forth in the Rules or as otherwise provided inthe Compact. The Interstate Commission shall promulgate Rules consistent withthe principles contained in the "Government in Sunshine Act," 5 U.S.C. §552b, as may be amended. The Interstate Commission and any of its committeesmay close a meeting to the public where it determines by two-thirds vote thatan open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel practicesand procedures;
2. Disclose matters specifically exempted from disclosure by statute;
3. Disclose trade secrets or commercial or financial information that isprivileged or confidential;
4. Involve accusing any person of a crime, or formally censuring any person;
5. Disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigatory records compiled for law-enforcement purposes;
7. Disclose information contained in or related to examination, operating orcondition reports prepared by, or on behalf of or for the use of, theInterstate Commission with respect to a regulated entity for the purpose ofregulation or supervision of such entity;
8. Disclose information, the premature disclosure of which wouldsignificantly endanger the life of a person or the stability of a regulatedentity; and
9. Specifically relate to the Interstate Commission's issuance of a subpoena,or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the InterstateCommission's chief legal officer shall publicly certify that, in his opinion,the meeting may be closed to the public, and shall reference each relevantexemptive provision. The Interstate Commission shall keep minutes that shallfully and clearly describe all matters discussed in any meeting and shallprovide a full and accurate summary of any actions taken, and the reasonstherefor, 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 shallbe identified in such minutes.
The Interstate Commission shall collect standardized data concerning theinterstate movement of offenders as directed through its Bylaws and Rules,which shall specify the data to be collected, the means of collection anddata exchange and reporting requirements.
ARTICLE VIII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
The Interstate Commission shall promulgate Rules in order to effectively andefficiently achieve the purposes of the Compact including transition rulesgoverning administration of the Compact during the period in which it isbeing considered and enacted by the States.
Rulemaking shall occur pursuant to the criteria set forth in this article andthe Bylaws and Rules adopted pursuant thereto. Such rulemaking shallsubstantially conform to the principles of the federal AdministrativeProcedure Act, 5 U.S.C.S. § 551 et seq., and the Federal Advisory CommitteeAct, 5 U.S.C.S. app. 2, § 1 et seq., as may be amended (hereinafter APA). AllRules and amendments shall become binding as of the date specified in eachRule or amendment.
If a majority of the legislatures of the Compacting States rejects a Rule, byenactment of a statute or resolution in the same manner used to adopt theCompact, then such Rule shall have no further force and effect in anyCompacting State.
When promulgating a Rule, the Interstate Commission shall:
1. Publish the proposed Rule stating with particularity the text of the Rulethat is proposed and the reason for the proposed Rule;
2. Allow persons to submit written data, facts, opinions and arguments, whichinformation shall be publicly available;
3. Provide an opportunity for an informal hearing; and
4. Promulgate a final Rule and its effective date, if appropriate, based onthe rulemaking record.
Not later than 60 days after a Rule is promulgated, any interested person mayfile a petition in the United States District Court of the District ofColumbia or in the Federal District Court where the Interstate Commission'sprincipal office is located for judicial review of such Rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence, as defined in the APA, in the rulemaking record, the court shallhold the Rule unlawful and set it aside.
Subjects to be addressed within 12 months after the first meeting must at aminimum include:
1. Notice to victims and opportunity to be heard;
2. Offender registration and compliance;
3. Violations/oreturns;
4. Transfer procedures and forms;
5. Eligibility for transfer;
6. Collection of restitution and fees from offenders;
7. Data collection and reporting;
8. The level of supervision to be provided by the receiving state;
9. Transition rules governing the operation of the Compact and the InterstateCommission during all or part of the period between the effective date of theCompact and the date on which the last eligible State adopts the Compact; and
10. Mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previous compact supercededby this Act shall be null and void 12 months after the first meeting of theInterstate Commission created hereunder.
Upon determination by the Interstate Commission that an emergency exists, itmay promulgate an emergency rule which shall become effective immediatelyupon adoption, provided that the usual rulemaking procedures providedhereunder shall be retroactively applied to said rule as soon as reasonablypossible, in no event later than 90 days after the effective date of the rule.
ARTICLE IX. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATECOMMISSION.
Section A. Oversight.
The Interstate Commission shall oversee the interstate movement of adultoffenders in the Compacting States and shall monitor such activities beingadministered in Noncompacting States that may significantly affect CompactingStates.
The courts and executive agencies in each Compacting State shall enforce thisCompact and shall take all actions necessary and appropriate to effectuatethe Compact's purposes and intent. In any judicial or administrativeproceeding in a Compacting State pertaining to the subject matter of thisCompact, which may affect the powers, responsibilities or actions of theInterstate Commission, the Interstate Commission shall be entitled to receiveall service of process in any such proceeding, and shall have standing tointervene in the proceeding for all purposes.
Section B. Dispute Resolution.
The Compacting States shall report to the Interstate Commission on issues oractivities of concern to them, and cooperate with and support the InterstateCommission in the discharge of its duties and responsibilities.
The Interstate Commission shall attempt to resolve any disputes or otherissues that are subject to the Compact and may arise among Compacting Statesand Noncompacting States.
The Interstate Commission shall enact a Bylaw or promulgate a Rule providingfor both mediation and binding dispute resolution for disputes among theCompacting States.
Section C. Enforcement.
The Interstate Commission, in the reasonable exercise of its discretion,shall enforce the provisions of this Compact using any or all means set forthin Article XII, Section B, of this Compact.
ARTICLE X. FINANCE.
The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization and ongoing activities.
The Interstate Commission shall levy on and collect an annual assessment fromeach Compacting State to cover the cost of the internal operations andactivities of the Interstate Commission and its staff, which must be in atotal amount sufficient to cover the Interstate Commission's annual budget asapproved each year. The aggregate annual assessment amount shall be allocatedbased upon a formula to be determined by the Interstate Commission, takinginto consideration the population of the State and the volume of interstatemovement of offenders in each Compacting State and shall promulgate a Rulebinding upon all Compacting States, which governs said assessment.
The Interstate Commission shall not incur any obligations of any kind priorto securing the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the Compacting States, except by andwith the authority of the Compacting State.
The Interstate Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsBylaws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.
ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.
Any State, as defined in Article II of this Compact, is eligible to become aCompacting State. The Compact shall become effective and binding uponlegislative enactment of the Compact into law by no less than 35 of theStates. The initial effective date shall be the later of July 1, 2002, orupon enactment into law by the 35th State. Thereafter it shall becomeeffective and binding, as to any other Compacting State, upon enactment ofthe Compact into law by that State. The governors of nonmember States ortheir designees will be invited to participate in Interstate Commissionactivities on a nonvoting basis prior to adoption of the Compact by allStates and territories of the United States.
Amendments to the Compact may be proposed by the Interstate Commission forenactment by the Compacting States. No amendment shall become effective andbinding upon the Interstate Commission and the Compacting States unless anduntil it is enacted into law by unanimous consent of the Compacting States.
ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT.
Section A. Withdrawal.
Once effective, the Compact shall continue in force and remain binding uponeach and every Compacting State; provided, that a Compacting State maywithdraw from the Compact (hereinafter Withdrawing State) by enacting astatute specifically repealing the statute that enacted the Compact into law.
The effective date of withdrawal is the effective date of the repeal.
The Withdrawing State shall immediately notify the chairperson of theInterstate Commission in writing upon the introduction of legislationrepealing this Compact in the Withdrawing State. The Interstate Commissionshall notify the other Compacting States of the Withdrawing State's intent towithdraw within 60 days of its receipt thereof.
The Withdrawing State is responsible for all assessments, obligations andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
Reinstatement following withdrawal of any Compacting State shall occur uponthe Withdrawing State reenacting the Compact or upon such later date asdetermined by the Interstate Commission.
Section B. Default.
If the Interstate Commission determines that any Compacting State has at anytime defaulted (hereinafter Defaulting State) in the performance of any ofits obligations or responsibilities under this Compact, the Bylaws or anyduly promulgated Rules the Interstate Commission may impose any or all of thefollowing penalties:
1. Fines, fees and costs in such amounts as are deemed to be reasonable asfixed by the Interstate Commission;
2. Remedial training and technical assistance as directed by the InterstateCommission;
3. Suspension and termination of membership in the Compact. Suspension shallbe imposed only after all other reasonable means of securing compliance underthe Bylaws and Rules have been exhausted. Immediate notice of suspensionshall be given by the Interstate Commission to the Governor, the ChiefJustice or Chief Judicial Officer of the state, the majority and minorityleaders of the defaulting state's legislature, and the State Council.
The grounds for default include, but are not limited to, failure of aCompacting State to perform such obligations or responsibilities imposed uponit by this Compact, Interstate Commission Bylaws, or duly promulgated Rules.The Interstate Commission shall immediately notify the Defaulting State inwriting of the penalty imposed by the Interstate Commission on the DefaultingState pending a cure of the default. The Interstate Commission shallstipulate the conditions and the time period within which the DefaultingState must cure its default. If the Defaulting State fails to cure thedefault within the time period specified by the Interstate Commission, inaddition to any other penalties imposed herein, the Defaulting State may beterminated from the Compact upon an affirmative vote of majority of theCompacting States and all rights, privileges and benefits conferred by thisCompact shall be terminated from the effective date of suspension. Within 60days of the effective date of termination of a Defaulting State, theInterstate Commission shall notify the Governor, the Chief Justice or ChiefJudicial Officer and the majority and minority leaders of the DefaultingState's legislature and the State Council of such termination.
The Defaulting State is responsible for all assessments, obligations andliabilities incurred through the effective date of termination including anyobligations, the performance of which extends beyond the effective date oftermination.
The Interstate Commission shall not bear any costs relating to the DefaultingState unless otherwise mutually agreed upon between the Interstate Commissionand the Defaulting State.
Reinstatement following termination of any Compacting State requires both areenactment of the Compact by the Defaulting State and the approval of theInterstate Commission pursuant to the Rules.
Section C. Judicial Enforcement.
The Interstate Commission may, by majority vote of the Members, initiatelegal action in the United States District Court for the District of Columbiaor, at the discretion of the Interstate Commission, in the Federal Districtwhere the Interstate Commission has its offices to enforce compliance withthe provision of the Compact, its duly promulgated Rules and Bylaws, againstany Compacting State in default. In the event judicial enforcement isnecessary the prevailing party shall be awarded all costs of such litigationincluding reasonable attorneys' fees.
Section D. Dissolution of Compact.
The Compact dissolves effective upon the date of the withdrawal or default ofthe Compacting State that reduces membership in the Compact to one CompactingState. Upon the dissolution of this Compact, the Compact becomes null andvoid and shall be of no further force or effect, and the business and affairsof the Interstate Commission shall be wound up and any surplus funds shall bedistributed in accordance with the Bylaws.
ARTICLE XIII. SEVERABILITY AND CONSTRUCTION.
The provisions of this Compact shall be severable, and if any phrase, clause,sentence or provision is deemed unenforceable, the remaining provisions ofthe Compact shall be enforceable.
The provisions of this Compact shall be liberally constructed to effectuateits purposes.
ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS.
Section A. Other Laws.
Nothing herein prevents the enforcement of any other law of a CompactingState that is not inconsistent with this Compact.
All Compacting States' laws conflicting with this Compact are superseded tothe extent of the conflict.
Section B. Binding Effect of the Compact.
All lawful actions of the Interstate Commission, including all Rules andBylaws promulgated by the Interstate Commission, are binding upon theCompacting States.
All agreements between the Interstate Commission and the Compacting Statesare binding in accordance with their terms.
Upon the request of the party to a conflict over meaning or interpretation ofInterstate Commission actions, and upon a majority vote of the CompactingStates, the Interstate Commission may issue advisory opinions regarding suchmeaning or interpretation.
In the event any provision of this Compact exceeds the constitutional limitsimposed on the legislature of any Compacting State, the obligations, duties,powers or jurisdiction sought to be conferred by such provision upon theInterstate Commission shall be ineffective and such obligations, duties,powers or jurisdiction shall remain in the Compacting State and shall beexercised by the agency thereof to which such obligations, duties, powers orjurisdiction are delegated by law in effect at the time this Compact becomeseffective.
§ 53.1-176.2. Short title; Governor to execute; form of compact.
This article may be cited as "The Interstate Compact for the Supervision ofAdult Offenders." The Governor shall execute, on behalf of the Commonwealth,with any other state or states legally joining therein a compact that shallbe in form substantially as follows:
ARTICLE I. PURPOSE.
The Compacting States to this Interstate Compact recognize that each state isresponsible for the supervision of adult offenders in the community who areauthorized pursuant to the Bylaws and Rules of this compact to travel acrossstate lines both to and from each Compacting State in such a manner as totrack the location of offenders, transfer supervision authority in an orderlyand efficient manner, and when necessary return offenders to the originatingjurisdictions. The Compacting States also recognize that Congress, byenacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized andencouraged compacts for cooperative efforts and mutual assistance in theprevention of crime.
It is the purpose of this Compact and the Interstate Commission createdhereunder, through means of joint and cooperative action among the CompactingStates: to provide the framework for the promotion of public safety andprotect the rights of victims through the control and regulation of theinterstate movement of offenders in the community; to provide for theeffective tracking, supervision, and rehabilitation of these offenders by thesending and receiving states; and to equitably distribute the costs, benefitsand obligations of the Compact among the Compacting States. In addition, thisCompact will: create an Interstate Commission, which will establish uniformprocedures to manage the movement between states of adults placed undercommunity supervision and released to the community under the jurisdiction ofcourts, paroling authorities, corrections or other criminal justice agenciesand which will promulgate rules to achieve the purpose of this Compact;ensure an opportunity for input and timely notice to victims and tojurisdictions where defined offenders are authorized to travel or to relocateacross state lines; establish a system of uniform data collection, access toinformation on active cases by authorized criminal justice officials, andregular reporting of Compact activities to heads of State Councils, stateexecutive, judicial, and legislative branches and criminal justiceadministrators; monitor compliance with rules governing interstate movementof offenders and initiate interventions to address and correct noncompliance;and coordinate training and education regarding regulations of interstatemovement of offenders for officials involved in such activity.
The Compacting States recognize that there is no "right" of any offender tolive in another state and that duly accredited officers of a sending statemay at all times enter a receiving state and there apprehend and retake anyoffender under supervision subject to the provisions of this Compact and theBylaws and Rules promulgated hereunder. It is the policy of the CompactingStates that the activities conducted by the Interstate Commission createdherein are the formation of public policies and are therefore public business.
ARTICLE II. DEFINITIONS.
As used in this Compact, unless the context clearly requires a differentconstruction:
1. "Adult" means both individuals legally classified as adults andjuveniles treated as adults by court order, statute, or operation of law.
2. "Bylaws" means those bylaws established by the Interstate Commission forits governance, or for directing or controlling the Interstate Commission'sactions or conduct.
3. "Compact Administrator" means the individual in each compacting stateappointed pursuant to the terms of this Compact responsible for theadministration and management of the state's supervision and transfer ofoffenders subject to the terms of this Compact, the rules adopted by theInterstate Commission and policies adopted by the State Council under thisCompact.
4. "Compacting State" means any state that has enacted the enablinglegislation for this Compact.
5. "Commissioner" means the voting representative of each Compacting Stateappointed pursuant to Article III of this Compact.
6. "Interstate Commission" means the Interstate Commission for AdultOffender Supervision established by this Compact.
7. "Member" means the Commissioner of a Compacting State or designee, whoshall be a person officially connected with the Commissioner.
8. "Noncompacting State" means any State that has not enacted the enablinglegislation for this Compact.
9. "Offender" means an adult placed under, or subject to, supervision asthe result of the commission of a criminal offense and released to thecommunity under the jurisdiction of courts, paroling authorities,corrections, or other criminal justice agencies.
10. "Person" means any individual, corporation, business enterprise, orother legal entity, either public or private.
11. "Rules" means acts of the Interstate Commission, duly promulgatedpursuant to Article VIII of this Compact, substantially affecting interestedparties in addition to the Interstate Commission, which shall have the forceand effect of law in the Compacting States.
12. "State" means a state of the United States, the District of Columbiaand any other territorial possessions of the United States.
13. "State Council" means the resident members of the State Council forInterstate Adult Offender Supervision created by each State under Article IIIof this Compact.
ARTICLE III. THE COMPACT COMMISSION.
The Compacting States hereby create the "Interstate Commission for AdultOffender Supervision." The Interstate Commission shall be a body corporateand joint agency of the Compacting States. The Interstate Commission shallhave all the responsibilities, powers and duties set forth herein, includingthe power to sue and be sued, and such additional powers as may be conferredupon it by subsequent action of the respective legislatures of the CompactingStates in accordance with the terms of this Compact.
The Interstate Commission shall consist of Commissioners selected andappointed by resident members of a State Council for Interstate AdultOffender Supervision for each State. In addition to the Commissioners who arethe voting representatives of each State, the Interstate Commission shallinclude individuals who are not Commissioners but who are members ofinterested organizations. Such noncommissioner members must include a memberof the national organizations of governors, legislators, state chiefjustices, attorneys general and crime victims. All noncommissioner members ofthe Interstate Commission shall be ex officio (nonvoting) members. TheInterstate Commission may provide in its Bylaws for such additional, exofficio, nonvoting members as it deems necessary.
Each Compacting State represented at any meeting of the Interstate Commissionis entitled to one vote. A majority of the Compacting States shall constitutea quorum for the transaction of business, unless a larger quorum is requiredby the Bylaws of the Interstate Commission. The Interstate Commission shallmeet at least once each calendar year. The chairperson may call additionalmeetings and, upon the request of 27 or more Compacting States, shall calladditional meetings. Public notice shall be given of all meetings, andmeetings shall be open to the public.
The Interstate Commission shall establish an Executive Committee, which shallinclude commission officers, members and others as shall be determined by theBylaws. The Executive Committee shall have the power to act on behalf of theInterstate Commission during periods when the Interstate Commission is not insession, with the exception of rulemaking or amendment to the Compact orboth. The Executive Committee oversees the day-to-day activities managed bythe Executive Director and Interstate Commission staff; administersenforcement and compliance with the provisions of the Compact, its Bylaws andas directed by the Interstate Commission and performs other duties asdirected by Commission or set forth in the Bylaws.
ARTICLE IV. THE STATE COUNCIL.
Each member state shall create a State Council for Interstate Adult OffenderSupervision, which shall be responsible for the appointment of theCommissioner who shall serve on the Interstate Commission from that state.Each State Council shall appoint as its Commissioner the CompactAdministrator from that state to serve on the Interstate Commission in suchcapacity under or pursuant to applicable law of the member state. While eachmember state may determine the membership of its own State Council, itsmembership must include at least one representative from the legislative,judicial, and executive branches of government, victims' groups and compactadministrators. Each Compacting State retains the right to determine thequalifications of the Compact Administrator who shall be appointed by theState Council or by the Governor in consultation with the Legislature and theJudiciary. In addition to appointment of its Commissioner to the nationalInterstate Commission, each State Council shall exercise oversight andadvocacy concerning its participation in Interstate Commission activities andother duties as may be determined by each member state including but notlimited to, development of policy concerning operations and procedures of theCompact within that state.
ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
The Interstate Commission shall have the following powers:
1. To adopt the seal and suitable Bylaws governing the management andoperation of the Interstate Commission.
2. To promulgate Rules, which shall have the force and effect of statutorylaw and shall be binding in the Compacting States to the extent and in themanner provided in this Compact.
3. To oversee, supervise and coordinate the interstate movement of offenderssubject to the terms of this Compact and any Bylaws adopted and Rulespromulgated by the Compact Commission.
4. To enforce compliance with Compact provisions, Interstate CommissionRules, and Bylaws, using all necessary and proper means, including but notlimited to, the use of judicial process.
5. To establish and maintain offices.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, or contract for services of personnel, including, butnot limited to, members and their staffs.
8. To establish and appoint committees and hire staff that it deems necessaryfor the carrying out of its functions including, but not limited to, anexecutive committee as required by Article III, which shall have the power toact on behalf of the Interstate Commission in carrying out its powers andduties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents,consultants, and to fix their compensation, define their duties and determinetheir qualifications; and to establish the Interstate Commission's personnelpolicies and programs relating to, among other things, 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, and dispose of same.
11. To lease, purchase, accept contributions or donations of, or otherwise toown, hold, improve or use any property, real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of any property, real, personal, or mixed.
13. To establish a budget and make expenditures and levy dues as provided inArticle X of this Compact.
14. To sue and be sued.
15. To provide for dispute resolution among Compacting States.
16. To perform such functions as may be necessary or appropriate to achievethe purposes of this Compact.
17. To report annually to the legislatures, governors, judiciary, and StateCouncils of the Compacting States concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission.
18. To coordinate education, training and public awareness regarding theinterstate movement of offenders for officials involved in such activity.
19. To establish uniform standards for the reporting, collecting, andexchanging of data.
ARTICLE VI. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
Section A. Bylaws.
The Interstate Commission shall, by a majority of the members, within 12months of the first Interstate Commission meeting, adopt Bylaws to govern itsconduct as may be necessary or appropriate to carry out the purposes of theCompact, including, but not limited to:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee and such other committees as may benecessary;
3. Providing reasonable standards and procedures: (i) for the establishmentof committees and (ii) governing any general or specific delegation of anyauthority or function of the Interstate Commission;
4. Providing reasonable procedures for calling and conducting meetings of theInterstate Commission, and ensuring reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the officers of theInterstate Commission;
6. Providing reasonable standards and procedures for the establishment of thepersonnel policies and programs of the Interstate Commission. Notwithstandingany civil service or other similar laws of any Compacting State, the Bylawsshall exclusively govern the personnel policies and programs of theInterstate Commission;
7. Providing a mechanism for winding up the operations of the InterstateCommission and the equitable return of any surplus funds that may exist uponthe termination of the Compact after the payment or reserving of all of itsdebts and obligations or both;
8. Providing transition rules for "start up" administration of the Compact;and
9. Establishing standards and procedures for compliance and technicalassistance in carrying out the Compact.
Section B. Officers and Staff.
The Interstate Commission shall, by a majority of the Members, elect fromamong its Members a chairperson and a vice chairperson, each of whom shallhave such authorities and duties as may be specified in the Bylaws. Thechairperson or, in his absence or disability, the vice chairperson, shallpreside at all meetings of the Interstate Commission. The officers so electedshall serve without compensation or remuneration from the InterstateCommission: provided that, subject to the availability of budgeted funds, theofficers shall be reimbursed for any actual and necessary costs and expensesincurred by them in the performance of their duties and responsibilities asofficers of the Interstate Commission.
The Interstate Commission shall, through its executive committee, appoint orretain an executive director for such period, upon such terms and conditionsand for such compensation as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,and hire and supervise such other staff as may be authorized by theInterstate Commission, but shall not be a member.
Section C. Corporate Records of the Interstate Commission.
The Interstate Commission shall maintain its corporate books and records inaccordance with the Bylaws.
Section D. Qualified Immunity, Defense and Indemnification.
The Members, officers, executive director and employees of the InterstateCommission shall be immune from suit and liability, either personally or intheir official capacity, for any claim for damage to or loss of property orpersonal injury or other civil liability caused or arising out of any actualor alleged act, error or omission that occurred within the scope ofInterstate Commission employment, duties or responsibilities; provided, thatnothing in this paragraph shall be construed to protect any such person fromsuit and/or liability for any damage, loss, injury or liability caused by theintentional or willful and wanton misconduct of any such person. TheInterstate Commission shall defend the Commissioner of a Compacting State, orhis representatives or employees, or the Interstate Commission'srepresentatives or employees, in any civil action seeking to imposeliability, arising out of any actual or alleged act, error or omission thatoccurred 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 wrongdoing on the part of such person.
The Interstate Commission shall indemnify and hold the Commissioner of aCompacting State, the appointed designee or employees, or the InterstateCommission's representatives or employees, harmless in the amount of anysettlement or judgment obtained against such persons arising out of anyactual or alleged act, error or omission that occurred within the scope ofInterstate Commission employment, duties or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties or responsibilities; provided, thatthe actual or alleged act, error or omission did not result from grossnegligence or intentional wrongdoing on the part of such person.
ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION.
The Interstate Commission shall meet and take such actions as are consistentwith the provisions of this Compact. Except as otherwise provided in thisCompact and unless a greater percentage is required by the Bylaws, in orderto constitute an act of the Interstate Commission, such act shall have beentaken at a meeting of the Interstate Commission and shall have received anaffirmative vote of a majority of the Members present.
Each Member of the Interstate Commission shall have the right and power tocast a vote to which that Compacting State is entitled and to participate inthe business and affairs of the Interstate Commission. A Member shall vote inperson on behalf of the State and shall not delegate a vote to another memberState. However, a State Council shall appoint another authorizedrepresentative, in the absence of the Commissioner from that State, to case avote on behalf of the member State at a specified meeting. The Bylaws mayprovide for Members' participation in meetings by telephone or other means oftelecommunication or electronic communication. Any voting conducted bytelephone, or other means of telecommunication or electronic communicationshall be subject to the same quorum requirements of meetings where Membersare present in person.
The Interstate Commission shall meet at least once during each calendar year.The chairperson of the Interstate Commission may call additional meetings atany time and, upon the request of a majority of the Members, shall calladditional meetings.
The Interstate Commission's Bylaws shall establish conditions and proceduresunder which the Interstate Commission shall make its information and officialrecords available to the public for inspection or copying. The InterstateCommission may exempt from disclosure any information or official records tothe extent they would adversely affect personal privacy rights or proprietaryinterests. In promulgating such Rules, the Interstate Commission may makeavailable to law enforcement agencies records and information otherwiseexempt from disclosure, and may enter into agreements with law-enforcementagencies to receive or exchange information or records subject tonondisclosure and confidentiality provisions.
Public notice shall be given of all meetings, and all meetings shall be opento the public, except as set forth in the Rules or as otherwise provided inthe Compact. The Interstate Commission shall promulgate Rules consistent withthe principles contained in the "Government in Sunshine Act," 5 U.S.C. §552b, as may be amended. The Interstate Commission and any of its committeesmay close a meeting to the public where it determines by two-thirds vote thatan open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel practicesand procedures;
2. Disclose matters specifically exempted from disclosure by statute;
3. Disclose trade secrets or commercial or financial information that isprivileged or confidential;
4. Involve accusing any person of a crime, or formally censuring any person;
5. Disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigatory records compiled for law-enforcement purposes;
7. Disclose information contained in or related to examination, operating orcondition reports prepared by, or on behalf of or for the use of, theInterstate Commission with respect to a regulated entity for the purpose ofregulation or supervision of such entity;
8. Disclose information, the premature disclosure of which wouldsignificantly endanger the life of a person or the stability of a regulatedentity; and
9. Specifically relate to the Interstate Commission's issuance of a subpoena,or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the InterstateCommission's chief legal officer shall publicly certify that, in his opinion,the meeting may be closed to the public, and shall reference each relevantexemptive provision. The Interstate Commission shall keep minutes that shallfully and clearly describe all matters discussed in any meeting and shallprovide a full and accurate summary of any actions taken, and the reasonstherefor, 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 shallbe identified in such minutes.
The Interstate Commission shall collect standardized data concerning theinterstate movement of offenders as directed through its Bylaws and Rules,which shall specify the data to be collected, the means of collection anddata exchange and reporting requirements.
ARTICLE VIII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
The Interstate Commission shall promulgate Rules in order to effectively andefficiently achieve the purposes of the Compact including transition rulesgoverning administration of the Compact during the period in which it isbeing considered and enacted by the States.
Rulemaking shall occur pursuant to the criteria set forth in this article andthe Bylaws and Rules adopted pursuant thereto. Such rulemaking shallsubstantially conform to the principles of the federal AdministrativeProcedure Act, 5 U.S.C.S. § 551 et seq., and the Federal Advisory CommitteeAct, 5 U.S.C.S. app. 2, § 1 et seq., as may be amended (hereinafter APA). AllRules and amendments shall become binding as of the date specified in eachRule or amendment.
If a majority of the legislatures of the Compacting States rejects a Rule, byenactment of a statute or resolution in the same manner used to adopt theCompact, then such Rule shall have no further force and effect in anyCompacting State.
When promulgating a Rule, the Interstate Commission shall:
1. Publish the proposed Rule stating with particularity the text of the Rulethat is proposed and the reason for the proposed Rule;
2. Allow persons to submit written data, facts, opinions and arguments, whichinformation shall be publicly available;
3. Provide an opportunity for an informal hearing; and
4. Promulgate a final Rule and its effective date, if appropriate, based onthe rulemaking record.
Not later than 60 days after a Rule is promulgated, any interested person mayfile a petition in the United States District Court of the District ofColumbia or in the Federal District Court where the Interstate Commission'sprincipal office is located for judicial review of such Rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence, as defined in the APA, in the rulemaking record, the court shallhold the Rule unlawful and set it aside.
Subjects to be addressed within 12 months after the first meeting must at aminimum include:
1. Notice to victims and opportunity to be heard;
2. Offender registration and compliance;
3. Violations/oreturns;
4. Transfer procedures and forms;
5. Eligibility for transfer;
6. Collection of restitution and fees from offenders;
7. Data collection and reporting;
8. The level of supervision to be provided by the receiving state;
9. Transition rules governing the operation of the Compact and the InterstateCommission during all or part of the period between the effective date of theCompact and the date on which the last eligible State adopts the Compact; and
10. Mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previous compact supercededby this Act shall be null and void 12 months after the first meeting of theInterstate Commission created hereunder.
Upon determination by the Interstate Commission that an emergency exists, itmay promulgate an emergency rule which shall become effective immediatelyupon adoption, provided that the usual rulemaking procedures providedhereunder shall be retroactively applied to said rule as soon as reasonablypossible, in no event later than 90 days after the effective date of the rule.
ARTICLE IX. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATECOMMISSION.
Section A. Oversight.
The Interstate Commission shall oversee the interstate movement of adultoffenders in the Compacting States and shall monitor such activities beingadministered in Noncompacting States that may significantly affect CompactingStates.
The courts and executive agencies in each Compacting State shall enforce thisCompact and shall take all actions necessary and appropriate to effectuatethe Compact's purposes and intent. In any judicial or administrativeproceeding in a Compacting State pertaining to the subject matter of thisCompact, which may affect the powers, responsibilities or actions of theInterstate Commission, the Interstate Commission shall be entitled to receiveall service of process in any such proceeding, and shall have standing tointervene in the proceeding for all purposes.
Section B. Dispute Resolution.
The Compacting States shall report to the Interstate Commission on issues oractivities of concern to them, and cooperate with and support the InterstateCommission in the discharge of its duties and responsibilities.
The Interstate Commission shall attempt to resolve any disputes or otherissues that are subject to the Compact and may arise among Compacting Statesand Noncompacting States.
The Interstate Commission shall enact a Bylaw or promulgate a Rule providingfor both mediation and binding dispute resolution for disputes among theCompacting States.
Section C. Enforcement.
The Interstate Commission, in the reasonable exercise of its discretion,shall enforce the provisions of this Compact using any or all means set forthin Article XII, Section B, of this Compact.
ARTICLE X. FINANCE.
The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization and ongoing activities.
The Interstate Commission shall levy on and collect an annual assessment fromeach Compacting State to cover the cost of the internal operations andactivities of the Interstate Commission and its staff, which must be in atotal amount sufficient to cover the Interstate Commission's annual budget asapproved each year. The aggregate annual assessment amount shall be allocatedbased upon a formula to be determined by the Interstate Commission, takinginto consideration the population of the State and the volume of interstatemovement of offenders in each Compacting State and shall promulgate a Rulebinding upon all Compacting States, which governs said assessment.
The Interstate Commission shall not incur any obligations of any kind priorto securing the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the Compacting States, except by andwith the authority of the Compacting State.
The Interstate Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsBylaws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.
ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.
Any State, as defined in Article II of this Compact, is eligible to become aCompacting State. The Compact shall become effective and binding uponlegislative enactment of the Compact into law by no less than 35 of theStates. The initial effective date shall be the later of July 1, 2002, orupon enactment into law by the 35th State. Thereafter it shall becomeeffective and binding, as to any other Compacting State, upon enactment ofthe Compact into law by that State. The governors of nonmember States ortheir designees will be invited to participate in Interstate Commissionactivities on a nonvoting basis prior to adoption of the Compact by allStates and territories of the United States.
Amendments to the Compact may be proposed by the Interstate Commission forenactment by the Compacting States. No amendment shall become effective andbinding upon the Interstate Commission and the Compacting States unless anduntil it is enacted into law by unanimous consent of the Compacting States.
ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT.
Section A. Withdrawal.
Once effective, the Compact shall continue in force and remain binding uponeach and every Compacting State; provided, that a Compacting State maywithdraw from the Compact (hereinafter Withdrawing State) by enacting astatute specifically repealing the statute that enacted the Compact into law.
The effective date of withdrawal is the effective date of the repeal.
The Withdrawing State shall immediately notify the chairperson of theInterstate Commission in writing upon the introduction of legislationrepealing this Compact in the Withdrawing State. The Interstate Commissionshall notify the other Compacting States of the Withdrawing State's intent towithdraw within 60 days of its receipt thereof.
The Withdrawing State is responsible for all assessments, obligations andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
Reinstatement following withdrawal of any Compacting State shall occur uponthe Withdrawing State reenacting the Compact or upon such later date asdetermined by the Interstate Commission.
Section B. Default.
If the Interstate Commission determines that any Compacting State has at anytime defaulted (hereinafter Defaulting State) in the performance of any ofits obligations or responsibilities under this Compact, the Bylaws or anyduly promulgated Rules the Interstate Commission may impose any or all of thefollowing penalties:
1. Fines, fees and costs in such amounts as are deemed to be reasonable asfixed by the Interstate Commission;
2. Remedial training and technical assistance as directed by the InterstateCommission;
3. Suspension and termination of membership in the Compact. Suspension shallbe imposed only after all other reasonable means of securing compliance underthe Bylaws and Rules have been exhausted. Immediate notice of suspensionshall be given by the Interstate Commission to the Governor, the ChiefJustice or Chief Judicial Officer of the state, the majority and minorityleaders of the defaulting state's legislature, and the State Council.
The grounds for default include, but are not limited to, failure of aCompacting State to perform such obligations or responsibilities imposed uponit by this Compact, Interstate Commission Bylaws, or duly promulgated Rules.The Interstate Commission shall immediately notify the Defaulting State inwriting of the penalty imposed by the Interstate Commission on the DefaultingState pending a cure of the default. The Interstate Commission shallstipulate the conditions and the time period within which the DefaultingState must cure its default. If the Defaulting State fails to cure thedefault within the time period specified by the Interstate Commission, inaddition to any other penalties imposed herein, the Defaulting State may beterminated from the Compact upon an affirmative vote of majority of theCompacting States and all rights, privileges and benefits conferred by thisCompact shall be terminated from the effective date of suspension. Within 60days of the effective date of termination of a Defaulting State, theInterstate Commission shall notify the Governor, the Chief Justice or ChiefJudicial Officer and the majority and minority leaders of the DefaultingState's legislature and the State Council of such termination.
The Defaulting State is responsible for all assessments, obligations andliabilities incurred through the effective date of termination including anyobligations, the performance of which extends beyond the effective date oftermination.
The Interstate Commission shall not bear any costs relating to the DefaultingState unless otherwise mutually agreed upon between the Interstate Commissionand the Defaulting State.
Reinstatement following termination of any Compacting State requires both areenactment of the Compact by the Defaulting State and the approval of theInterstate Commission pursuant to the Rules.
Section C. Judicial Enforcement.
The Interstate Commission may, by majority vote of the Members, initiatelegal action in the United States District Court for the District of Columbiaor, at the discretion of the Interstate Commission, in the Federal Districtwhere the Interstate Commission has its offices to enforce compliance withthe provision of the Compact, its duly promulgated Rules and Bylaws, againstany Compacting State in default. In the event judicial enforcement isnecessary the prevailing party shall be awarded all costs of such litigationincluding reasonable attorneys' fees.
Section D. Dissolution of Compact.
The Compact dissolves effective upon the date of the withdrawal or default ofthe Compacting State that reduces membership in the Compact to one CompactingState. Upon the dissolution of this Compact, the Compact becomes null andvoid and shall be of no further force or effect, and the business and affairsof the Interstate Commission shall be wound up and any surplus funds shall bedistributed in accordance with the Bylaws.
ARTICLE XIII. SEVERABILITY AND CONSTRUCTION.
The provisions of this Compact shall be severable, and if any phrase, clause,sentence or provision is deemed unenforceable, the remaining provisions ofthe Compact shall be enforceable.
The provisions of this Compact shall be liberally constructed to effectuateits purposes.
ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS.
Section A. Other Laws.
Nothing herein prevents the enforcement of any other law of a CompactingState that is not inconsistent with this Compact.
All Compacting States' laws conflicting with this Compact are superseded tothe extent of the conflict.
Section B. Binding Effect of the Compact.
All lawful actions of the Interstate Commission, including all Rules andBylaws promulgated by the Interstate Commission, are binding upon theCompacting States.
All agreements between the Interstate Commission and the Compacting Statesare binding in accordance with their terms.
Upon the request of the party to a conflict over meaning or interpretation ofInterstate Commission actions, and upon a majority vote of the CompactingStates, the Interstate Commission may issue advisory opinions regarding suchmeaning or interpretation.
In the event any provision of this Compact exceeds the constitutional limitsimposed on the legislature of any Compacting State, the obligations, duties,powers or jurisdiction sought to be conferred by such provision upon theInterstate Commission shall be ineffective and such obligations, duties,powers or jurisdiction shall remain in the Compacting State and shall beexercised by the agency thereof to which such obligations, duties, powers orjurisdiction are delegated by law in effect at the time this Compact becomeseffective.
