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H.B. 18

             1     

INTERSTATE COMPACT FOR ADULT

             2     
OFFENDER SUPERVISION

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Gary F. Cox

             6      This act modifies the Code of Criminal Procedure and a related provision regarding the
             7      Department of Corrections. The act establishes for Utah the Interstate Compact for Adult
             8      Offender Supervision and authorizes the governor to act on behalf of the state to join the
             9      compact. The act provides updated procedures for movement of adult parolees and
             10      probationers across state lines. The act creates the Interstate Compact Commission and the
             11      commission's functions and authority. The act provides for oversight and enforcement
             12      regarding participating states. This act takes effect the later of July 1, 2002, or upon the
             13      enactment of the compact into law by the thirty-fifth jurisdiction, in accordance with the
             14      compact provisions.
             15      This act affects sections of Utah Code Annotated 1953 as follows:
             16      AMENDS:
             17          64-13-6, as last amended by Chapter 279, Laws of Utah 1999
             18      ENACTS:
             19          77-28c-101, Utah Code Annotated 1953
             20          77-28c-102, Utah Code Annotated 1953
             21          77-28c-103, Utah Code Annotated 1953
             22          77-28c-201, Utah Code Annotated 1953
             23      Be it enacted by the Legislature of the state of Utah:
             24          Section 1. Section 64-13-6 is amended to read:
             25           64-13-6. Department duties.
             26          (1) The department shall:
             27          (a) protect the public through institutional care and confinement, and supervision in the


             28      community of offenders where appropriate;
             29          (b) implement court-ordered punishment of offenders;
             30          (c) provide program opportunities for offenders;
             31          (d) provide treatment for sex offenders who are found to be treatable based upon criteria
             32      developed by the department;
             33          (e) provide the results of ongoing assessment of sex offenders and objective diagnostic
             34      testing to sentencing and release authorities;
             35          (f) manage programs that take into account the needs and interests of victims, where
             36      reasonable;
             37          (g) supervise probationers and parolees as directed by statute and implemented by the
             38      courts and the Board of Pardons and Parole;
             39          (h) subject to Subsection (2), investigate criminal conduct involving offenders incarcerated
             40      in a state correctional facility; [and]
             41          (i) cooperate and exchange information with other state, local, and federal law enforcement
             42      agencies to achieve greater success in prevention and detection of crime and apprehension of
             43      criminals[.]; and
             44          (j) implement the provisions of Section 77-28c-102 , the Interstate Compact for Adult
             45      Offender Supervision.
             46          (2) (a) By following the procedures in Subsection (2)(b), the department may investigate
             47      the following occurrences at state correctional facilities:
             48          (i) criminal conduct of departmental employees;
             49          (ii) felony crimes resulting in serious bodily injury;
             50          (iii) death of any person; or
             51          (iv) aggravated kidnaping.
             52          (b) Prior to investigating any occurrence specified in Subsection (2)(a), the department
             53      shall:
             54          (i) notify the sheriff or other appropriate law enforcement agency promptly after
             55      ascertaining facts sufficient to believe an occurrence specified in Subsection (2)(a) has occurred;
             56      and
             57          (ii) obtain consent of the sheriff or other appropriate law enforcement agency to conduct
             58      an investigation involving an occurrence specified in Subsection (2)(a).


             59          (3) Upon request, the department shall provide copies of investigative reports of criminal
             60      conduct to the sheriff or other appropriate law enforcement agencies.
             61          (4) In accordance with Section 63-55-264 , the department shall provide data to the
             62      Commission on Criminal and Juvenile Justice to show the criteria for determining sex offender
             63      treatability, the implementation and effectiveness of sex offender treatment, and the results of
             64      ongoing assessment and objective diagnostic testing. The Commission on Criminal and Juvenile
             65      Justice will then report these data to the Judiciary Interim Committee and to the appropriate
             66      appropriations subcommittee annually.
             67          (5) The Department of Corrections shall collect accounts receivable ordered by the district
             68      court as a result of prosecution for a criminal offense according to the requirements and during the
             69      time periods established in Subsection 77-18-1 (9).
             70          Section 2. Section 77-28c-101 is enacted to read:
             71     
CHAPTER 28c. INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

             72     
Part 1. Purpose and Functions

             73          77-28c-101. Title.
             74          This chapter is known as the "Interstate Compact for Adult Offender Supervision."
             75          Section 3. Section 77-28c-102 is enacted to read:
             76          77-28c-102. Preamble.
             77     
PREAMBLE

             78          Whereas: The Interstate Compact for the supervision of Parolees and Probationers was
             79      established in 1937, it is the earliest corrections "compact" established among the states and has
             80      not been amended since its adoption over 62 years ago;
             81          Whereas: This compact is the only vehicle for the controlled movement of adult parolees
             82      and probationers across state lines, and it currently has jurisdiction over more than a quarter of a
             83      million offenders;
             84          Whereas: The complexities of the compact have become more difficult to administer, and
             85      many jurisdictions have expanded supervision expectations to include currently unregulated
             86      practices such as victim input, victim notification requirements, and sex offender registration;
             87          Whereas: After hearings, national surveys, and a detailed study by a task force appointed
             88      by the National Institute of Corrections, the overwhelming recommendation has been to amend the
             89      document to bring about an effective management capacity that addresses public safety concerns


             90      and offender accountability;
             91          Whereas: Upon the adoption of this Interstate Compact for Adult Offender Supervision,
             92      it is the intention of the legislature to repeal the previous Interstate Compact for the Supervision
             93      of Parolees and Probationers on the effective date of this Compact.
             94          Section 4. Section 77-28c-103 is enacted to read:
             95          77-28c-103. Compact.
             96     
ARTICLE I

             97     
PURPOSE

             98          (a) The compacting states to this Interstate Compact recognize that each state is
             99      responsible for the supervision of adult offenders in the community who are authorized pursuant
             100      to the by-laws and rules of this compact to travel across state lines both to and from each
             101      compacting state in such a manner as to track the location of offenders, transfer supervision
             102      authority in an orderly and efficient manner, and when necessary, return offenders to the
             103      originating jurisdictions. The compacting states also recognize that Congress, by enacting the
             104      Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for
             105      cooperative efforts and mutual assistance in the prevention of crime.
             106          (b) It is the purpose of this compact and the Interstate Commission created hereunder,
             107      through means of joint and cooperative action among the compacting states: To provide the
             108      framework for the promotion of public safety and protect the rights of victims through the control
             109      and regulation of the interstate movement of offenders in the community; to provide for the
             110      effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving
             111      states; and to equitably distribute the costs, benefits, and obligations of the compact among the
             112      compacting states.
             113          (c) In addition, this compact will: Create an Interstate Commission which will establish
             114      uniform procedures to manage the movement between states of adults placed under community
             115      supervision and released to the community under the jurisdiction of courts, paroling authorities,
             116      corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose
             117      of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions
             118      where defined offenders are authorized to travel or to relocate across state lines; establish a system
             119      of uniform data collection, access to information on active cases by authorized criminal justice
             120      officials, and regular reporting of compact activities to heads of state councils, state executive,


             121      judicial, and legislative branches, and criminal justice administrators; monitor compliance with
             122      rules governing interstate movement of offenders and initiate interventions to address and correct
             123      noncompliance; and coordinate training and education regarding regulations of interstate
             124      movement of offenders for officials involved in such activity.
             125          (d) The compacting states recognize that there is no "right" of any offender to live in
             126      another state and that duly accredited officers of a sending state may at all times enter a receiving
             127      state and there apprehend and retake any offender under supervision subject to the provisions of
             128      this compact and by-laws and rules promulgated hereunder. It is the policy of the compacting
             129      states that the activities conducted by the Interstate Commission created herein are the formation
             130      of public policies and are therefore public business.
             131     
ARTICLE II

             132     
DEFINITIONS

             133          (a) As used in this compact, unless the context clearly requires a different construction:
             134          (1) "Adult" means both individuals legally classified as adults and juveniles treated as
             135      adults by court order, statute, or operation of law.
             136          (2) "By-laws" mean those by-laws established by the Interstate Commission for its
             137      governance, or for directing or controlling the Interstate Commission's actions or conduct.
             138          (3) "Compact administrator" means the individual in each compacting state appointed
             139      pursuant to the terms of this compact responsible for the administration and management of the
             140      state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted
             141      by the Interstate Commission and policies adopted by the state council under this compact.
             142          (4) "Compacting state" means any state which has enacted the enabling legislation for this
             143      compact.
             144          (5) "Commissioner" means the voting representative of each compacting state appointed
             145      pursuant to Article III of this compact.
             146          (6) "Interstate Commission" means the Interstate Commission for Adult Offender
             147      Supervision established by this compact.
             148          (7) "Member" means the commissioner of a compacting state or designee, who shall be
             149      a person officially connected with the commissioner.
             150          (8) "Noncompacting state" means any state which has not enacted the enabling legislation
             151      for this compact.


             152          (9) "Offender" means an adult placed under or subject to supervision as the result of the
             153      commission of a criminal offense and released to the community under the jurisdiction of courts,
             154      paroling authorities, corrections, or other criminal justice agencies.
             155          (10) "Person" means any individual, corporation, business enterprise, or other legal entity,
             156      either public or private.
             157          (11) "Rules" means acts of the Interstate Commission, duly promulgated pursuant to
             158      Article VIII of this compact, substantially affecting interested parties in addition to the Interstate
             159      Commission, which shall have the force and effect of law in the compacting states.
             160          (12) "State" means a state of the United States, the District of Columbia, and any other
             161      territorial possessions of the United States.
             162          (13) "State council" means the resident members of the State Council for Interstate Adult
             163      Offender Supervision created by each state under Article IV of this compact.
             164     
ARTICLE III

             165     
THE COMPACT COMMISSION

             166          (a) The compacting states hereby create the "Interstate Commission for Adult Offender
             167      Supervision." The Interstate Commission shall be a body corporate and joint agency of the
             168      compacting states. The Interstate Commission shall have all the responsibilities, powers, and
             169      duties set forth herein; including the power to sue and be sued, and such additional powers as may
             170      be conferred upon it by subsequent action of the respective legislatures of the compacting states
             171      in accordance with the terms of this compact.
             172          (b) The Interstate Commission shall consist of Commissioners selected and appointed by
             173      resident members of a State Council for Interstate Adult Offender Supervision for each state. In
             174      addition to the commissioners who are the voting representatives of each state, the Interstate
             175      Commission shall include individuals who are not commissioners but who are members of
             176      interested organizations. Such noncommissioner members must include a member of the national
             177      organizations of governors, legislators, state chief justices, attorneys general, and crime victims.
             178      All noncommissioner members of the Interstate Commission shall be ex-officio (nonvoting)
             179      members. The Interstate Commission may provide in its by-laws for such additional, ex-officio,
             180      nonvoting members as it deems necessary.
             181          (c) Each compacting state represented at any meeting of the Interstate Commission is
             182      entitled to one vote. A majority of the compacting states shall constitute a quorum for the


             183      transaction of business, unless a larger quorum is required by the by-laws of the Interstate
             184      Commission.
             185          (d) The Interstate Commission shall meet at least once each calendar year. The
             186      chairperson may call additional meetings and, upon the request of 27 or more compacting states,
             187      shall call additional meetings. Public notice shall be given of all meetings and meetings shall be
             188      open to the public.
             189          (e) The Interstate Commission shall establish an executive committee which shall include
             190      commission officers, members, and others as shall be determined by the by-laws. The Executive
             191      Committee shall have the power to act on behalf of the Interstate Commission during periods when
             192      the Interstate Commission is not in session, with the exception of rulemaking and/or amendment
             193      to the Compact. The Executive Committee oversees the day-to-day activities managed by the
             194      Executive Director and Interstate Commission staff; administers enforcement and compliance with
             195      the provisions of the compact, its by-laws, and as directed by the Interstate Commission; and
             196      performs other duties as directed by the Commission or set forth in the by-laws.
             197     
ARTICLE IV

             198     
THE STATE COUNCIL

             199          (a) Each member state shall create a State Council for Interstate Adult Offender
             200      Supervision which shall be responsible for the appointment of the commissioner who shall serve
             201      on the Interstate Commission from that state. Each state council shall appoint as its commissioner
             202      the Compact Administrator from that state to serve on the Interstate Commission in such capacity
             203      under or pursuant to applicable law of the member state. While each member state may determine
             204      the membership of its own state council, its membership must include at least one representative
             205      from the legislative, judicial, and executive branches of government, victims groups, and compact
             206      administrators.
             207          (b) Each compacting state retains the right to determine the qualifications of the compact
             208      administrator, who shall be appointed by the state council or by the Governor in consultation with
             209      the legislature and the judiciary.
             210          (c) In addition to appointment of its commissioner to the National Interstate Commission,
             211      each state council shall exercise oversight and advocacy concerning its participation in Interstate
             212      Commission activities and other duties as may be determined by each member state including, but
             213      not limited to, development of policy concerning operations and procedures of the compact within


             214      that state.
             215     
ARTICLE V

             216     
POWERS AND DUTIES OF THE INTERSTATE COMMISSION

             217          (a) The Interstate Commission shall have the following powers:
             218          (1) To adopt a seal and suitable by-laws governing the management and operation of the
             219      Interstate Commission.
             220          (2) To promulgate rules which shall have the force and effect of statutory law and shall
             221      be binding in the compacting states to the extent and in the manner provided in this compact.
             222          (3) To oversee, supervise, and coordinate the interstate movement of offenders subject to
             223      the terms of this compact and any by-laws adopted and rules promulgated by the compact
             224      commission.
             225          (4) To enforce compliance with compact provisions, Interstate Commission rules, and
             226      by-laws, using all necessary and proper means including, but not limited to, the use of judicial
             227      process.
             228          (5) To establish and maintain offices.
             229          (6) To purchase and maintain insurance and bonds.
             230          (7) To borrow, accept, or contract for services of personnel including, but not limited to,
             231      members and their staffs.
             232          (8) To establish and appoint committees and hire staff which it deems necessary for the
             233      carrying out of its functions including, but not limited to, an executive committee as required by
             234      Article III which shall have the power to act on behalf of the Interstate Commission in carrying out
             235      its powers and duties hereunder.
             236          (9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to
             237      fix their compensation, define their duties, and determine their qualifications; and to establish the
             238      Interstate Commission's personnel policies and programs relating to, among other things, conflicts
             239      of interest, rates of compensation, and qualifications of personnel.
             240          (10) To accept any and all donations and grants of money, equipment, supplies, materials,
             241      and services, and to receive, utilize, and dispose of same.
             242          (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
             243      improve, or use any property, real, personal, or mixed.
             244          (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose


             245      of any property, real, personal, or mixed.
             246          (13) To establish a budget and make expenditures and levy dues as provided in Article X
             247      of this compact.
             248          (14) To sue and be sued.
             249          (15) To provide for dispute resolution among compacting states.
             250          (16) To perform such functions as may be necessary or appropriate to achieve the purposes
             251      of this compact.
             252          (17) To report annually to the legislatures, governors, judiciary, and state councils of the
             253      compacting states concerning the activities of the Interstate Commission during the preceding year.
             254      Such reports shall also include any recommendations that may have been adopted by the Interstate
             255      Commission.
             256          (18) To coordinate education, training, and public awareness regarding the Interstate
             257      movement of offenders for officials involved in such activity.
             258          (19) To establish uniform standards for the reporting, collecting, and exchanging of data.
             259     
ARTICLE VI

             260     
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

             261          (a) By-laws. The Interstate Commission shall, by a majority of the members, within 12
             262      months of the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be
             263      necessary or appropriate to carry out the purposes of the compact including, but not limited to:
             264          (1) Establishing the fiscal year of the Interstate Commission;
             265          (2) Establishing an executive committee and such other committees as may be necessary,
             266      providing reasonable standards and procedures:
             267          (i) For the establishment of committees, and
             268          (ii) Governing any general or specific delegation of any authority or function of the
             269      Interstate Commission;
             270          (3) Providing reasonable procedures for calling and conducting meetings of the Interstate
             271      Commission, and ensuring reasonable notice of each such meeting;
             272          (4) Establishing the titles and responsibilities of the officers of the Interstate Commission;
             273          (5) Providing reasonable standards and procedures for the establishment of the personnel
             274      policies and programs of the Interstate Commission. Notwithstanding any civil service or other
             275      similar laws of any compacting state, the by-laws shall exclusively govern the personnel policies


             276      and programs of the Interstate Commission; and
             277          (6) Providing a mechanism for winding up the operations of the Interstate Commission and
             278      the equitable return of any surplus funds that may exist upon the termination of the compact after
             279      the payment and/or reserving of all of its debts and obligations;
             280          (7) Providing transition rules for "start up" administration of the compact;
             281          (8) Establishing standards and procedures for compliance and technical assistance in
             282      carrying out the compact.
             283          (b) Officers and Staff.
             284          (1) The Interstate Commission shall, by a majority of the members, elect from among its
             285      members a chairperson and a vice chairperson, each of whom shall have such authorities and
             286      duties as may be specified in the by-laws. The chairperson or, in his or her absence or disability,
             287      the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so
             288      elected shall serve without compensation or remuneration from the Interstate Commission;
             289      provided that subject to the availability of budgeted funds, the officers shall be reimbursed for any
             290      actual and necessary costs and expenses incurred by them in the performance of their duties and
             291      responsibilities as officers of the Interstate Commission.
             292          (2) The Interstate Commission shall, through its executive committee, appoint or retain
             293      an executive director for such period, upon such terms and conditions and for such compensation
             294      as the Interstate Commission may deem appropriate. The executive director shall serve as
             295      secretary to the Interstate Commission, and hire and supervise such other staff as may be
             296      authorized by the Interstate Commission, but shall not be a member.
             297          (c) Corporate Records of the Interstate Commission. The Interstate Commission shall
             298      maintain its corporate books and records in accordance with the by-laws.
             299          (d) Qualified Immunity, Defense, and Indemnification.
             300          (1) The members, officers, executive director, and employees of the Interstate Commission
             301      shall be immune from suit and liability, either personally or in their official capacity, for any claim
             302      for damage to or loss of property or personal injury or other civil liability caused or arising out of
             303      any actual or alleged act, error or omission that occurred within the scope of Interstate Commission
             304      employment, duties, or responsibilities; provided, that nothing in this paragraph shall be construed
             305      to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused
             306      by the intentional or willful and wanton misconduct of any such person.


             307          (2) The Interstate Commission shall defend the commissioner of a compacting state, or
             308      his or her representatives or employees, or the Interstate Commission's representatives or
             309      employees, in any civil action seeking to impose liability, arising out of any actual or alleged act,
             310      error or omission that occurred within the scope of Interstate Commission employment, duties, or
             311      responsibilities, or that the defendant had a reasonable basis for believing occurred within the
             312      scope of Interstate Commission employment, duties, or responsibilities; provided, that the actual
             313      or alleged act, error, or omission did not result from intentional wrongdoing on the part of such
             314      person.
             315          (3) The Interstate Commission shall indemnify and hold the commissioner of a compacting
             316      state, the appointed designee, or employees, or the Interstate Commission's representatives or
             317      employees, harmless in the amount of any settlement or judgement obtained against such persons
             318      arising out of any actual or alleged act, error, or omission that occurred within the scope of
             319      Interstate Commission employment, duties, or responsibilities, or that such persons had a
             320      reasonable basis for believing occurred within the scope of Interstate Commission employment,
             321      duties, or responsibilities, provided, that the actual or alleged act, error, or omission did not result
             322      from gross negligence or intentional wrongdoing on the part of such person.
             323     
ARTICLE VII

             324     
ACTIVITIES OF THE INTERSTATE COMMISSION

             325          (a) The Interstate Commission shall meet and take such actions as are consistent with the
             326      provisions of this compact.
             327          (b) Except as otherwise provided in this compact and unless a greater percentage is
             328      required by the by-laws, in order to constitute an act of the Interstate Commission, such act shall
             329      have been taken at a meeting of the Interstate Commission and shall have received an affirmative
             330      vote of a majority of the members present.
             331          (c) Each member of the Interstate Commission shall have the right and power to cast a vote
             332      to which that Compacting State is entitled and to participate in the business and affairs of the
             333      Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate
             334      a vote to another member state. However, a state council shall appoint another authorized
             335      representative, in the absence of the commissioner from that state, to cast a vote on behalf of the
             336      member state at a specified meeting. The by-laws may provide for members' participation in
             337      meetings by telephone or other means of telecommunication or electronic communication. Any


             338      voting conducted by telephone, or other means of telecommunication or electronic communication,
             339      shall be subject to the same quorum requirements of meetings where members are present in
             340      person.
             341          (d) The Interstate Commission shall meet at least once during each calendar year. The
             342      chairperson of the Interstate Commission may call additional meetings at any time and, upon the
             343      request of a majority of the members, shall call additional meetings.
             344          (e) The Interstate Commission's by-laws shall establish conditions and procedures under
             345      which the Interstate Commission shall make its information and official records available to the
             346      public for inspection or copying. The Interstate Commission may exempt from disclosure any
             347      information or official records to the extent they would adversely affect personal privacy rights or
             348      proprietary interests. In promulgating such rules, the Interstate Commission may make available
             349      to law enforcement agencies records and information otherwise exempt from disclosure, and may
             350      enter into agreements with law enforcement agencies to receive or exchange information or records
             351      subject to nondisclosure and confidentiality provisions.
             352          (f) Public notice shall be given of all meetings and all meetings shall be open to the public,
             353      except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission
             354      shall promulgate rules consistent with the principles contained in the "Government in Sunshine
             355      Act," 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its
             356      committees may close a meeting to the public where it determines by two-thirds vote that an open
             357      meeting would be likely to:
             358          (1) Relate solely to the Interstate Commission's internal personnel practices and
             359      procedures;
             360          (2) Disclose matters specifically exempted from disclosure by statute;
             361          (3) Disclose trade secrets or commercial or financial information which is privileged or
             362      confidential;
             363          (4) Involve accusing any person of a crime, or formally censuring any person;
             364          (5) Disclose information of a personal nature where disclosure would constitute a clearly
             365      unwarranted invasion of personal privacy;
             366          (6) Disclose investigatory records compiled for law enforcement purposes;
             367          (7) Disclose information contained in or related to examination, operating, or condition
             368      reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a


             369      regulated entity for the purpose of regulation or supervision of such entity;
             370          (8) Disclose information, the premature disclosure of which would significantly endanger
             371      the life of a person or the stability of a regulated entity;
             372          (9) Specifically relate to the Interstate Commission's issuance of a subpoena, or its
             373      participation in a civil action or proceeding.
             374          (g) For every meeting closed pursuant to this provision, the Interstate Commission's chief
             375      legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the
             376      public, and shall reference each relevant provision authorizing closure of the meeting. The
             377      Interstate Commission shall keep minutes which shall fully and clearly describe all matters
             378      discussed in any meeting and shall provide a full and accurate summary of any actions taken, and
             379      the reasons therefor, including a description of each of the views expressed on any item and the
             380      record of any roll call vote (reflected in the vote of each member on the question). All documents
             381      considered in connection with any action shall be identified in such minutes.
             382          (h) The Interstate Commission shall collect standardized data concerning the Interstate
             383      movement of offenders as directed through its by-laws and rules which shall specify the data to
             384      be collected, the means of collection, and data exchange and reporting requirements.
             385     
ARTICLE VIII

             386     
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

             387          (a) The Interstate Commission shall promulgate rules in order to effectively and efficiently
             388      achieve the purposes of the compact, including transition rules governing administration of the
             389      compact during the period in which it is being considered and enacted by the states;
             390          (b) Rulemaking shall occur pursuant to the criteria set forth in this article and the by-laws
             391      and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles
             392      of the federal Administrative Procedure Act, 5 U.S.C.S. Section 551 et seq., and the Federal
             393      Advisory Committee Act, 5 U.S.C.S. App. 2, Section 1 et seq., as may be amended (hereinafter
             394      "APA"). All rules and amendments shall become binding as of the date specified in each rule or
             395      amendment.
             396          (c) If a majority of the legislatures of the compacting states rejects a rule, by enactment of
             397      a statute or resolution in the same manner used to adopt the compact, then such rule shall have no
             398      further force and effect in any compacting state.
             399          (d) When promulgating a rule, the Interstate Commission shall:


             400          (1) Publish the proposed rule, stating with particularity the text of the rule which is
             401      proposed and the reason for the proposed rule;
             402          (2) Allow persons to submit written data, facts, opinions, and arguments, which
             403      information shall be publicly available;
             404          (3) Provide an opportunity for an informal hearing; and
             405          (4) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking
             406      record. Not later than 60 days after a rule is promulgated, any interested person may file a petition
             407      in the United States District Court for the District of Columbia or in the Federal District Court
             408      where the Interstate Commission's principal office is located for judicial review of such rule. If
             409      the court finds that the Interstate Commission's action is not supported by substantial evidence, (as
             410      defined in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it
             411      aside.
             412          (e) Subjects to be addressed within 12 months after the first meeting must at a minimum
             413      include:
             414          (i) notice to victims and opportunity to be heard;
             415          (ii) offender registration and compliance;
             416          (iii) violations/returns;
             417          (iv) transfer procedures and forms;
             418          (v) eligibility for transfer;
             419          (vi) collection of restitution and fees from offenders;
             420          (vii) data collection and reporting;
             421          (viii) the level of supervision to be provided by the receiving state;
             422          (ix) transition rules governing the operation of the compact and the Interstate Commission
             423      during all or part of the period between the effective date of the compact and the date on which the
             424      last eligible state adopts the compact; and
             425          (x) mediation, arbitration, and dispute resolution.
             426          (f) The existing rules governing the operation of the previous compact superceded by this
             427      act shall be null and void 12 months after the first meeting of the Interstate Commission created
             428      hereunder.
             429          (g) Upon determination by the Interstate Commission that an emergency exists, it may
             430      promulgate an emergency rule which shall become effective immediately upon adoption, provided


             431      that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule
             432      as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
             433     
ARTICLE IX

             434     
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE

             435     
INTERSTATE COMMISSION

             436          (a) Oversight.
             437           (1) The Interstate Commission shall oversee the Interstate movement of adult offenders
             438      in the compacting states and shall monitor such activities being administered in noncompacting
             439      states which may significantly affect compacting states.
             440          (2) The courts and executive agencies in each compacting state shall enforce this compact
             441      and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.
             442      In any judicial or administrative proceeding in a compacting state pertaining to the subject matter
             443      of this compact which may affect the powers, responsibilities, or actions of the Interstate
             444      Commission, the Interstate Commission shall be entitled to receive all service of process in any
             445      such proceeding, and shall have standing to intervene in the proceeding for all purposes.
             446          (b) Dispute Resolution.
             447           (1) The compacting states shall report to the Interstate Commission on issues or activities
             448      of concern to them, and cooperate with and support the Interstate Commission in the discharge of
             449      its duties and responsibilities.
             450          (2) The Interstate Commission shall attempt to resolve any disputes or other issues which
             451      are subject to the compact and which may arise among compacting states and noncompacting
             452      states.
             453          (3) The Interstate Commission shall enact a by-law or promulgate a rule providing for both
             454      mediation and binding dispute resolution for disputes among the compacting states.
             455          (c) Enforcement. The Interstate Commission, in the reasonable exercise of its discretion,
             456      shall enforce the provisions of this compact using any or all means set forth in Article XII (b) of
             457      this compact.
             458     
ARTICLE X

             459     
FINANCE

             460          (a) The Interstate Commission shall pay or provide for the payment of the reasonable
             461      expenses of its establishment, organization, and ongoing activities.


             462          (b) The Interstate Commission shall levy on and collect an annual assessment from each
             463      compacting state to cover the cost of the internal operations and activities of the Interstate
             464      Commission and its staff which must be in a total amount sufficient to cover the Interstate
             465      Commission's annual budget as approved each year. The aggregate annual assessment amount
             466      shall be allocated based upon a formula to be determined by the Interstate Commission, taking into
             467      consideration the population of the state and the volume of interstate movement of offenders in
             468      each compacting state and shall promulgate a rule binding upon all compacting states which
             469      governs said assessment.
             470          (c) The Interstate Commission shall not incur any obligations of any kind prior to securing
             471      the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any
             472      of the compacting states, except by and with the authority of the compacting state.
             473          (d) The Interstate Commission shall keep accurate accounts of all receipts and
             474      disbursements. The receipts and disbursements of the Interstate Commission shall be subject to
             475      the audit and accounting procedures established under its by-laws. However, all receipts and
             476      disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified
             477      or licensed public accountant and the report of the audit shall be included in and become part of
             478      the annual report of the Interstate Commission.
             479     
ARTICLE XI

             480     
COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

             481          (a) Any state, as defined in Article II of this compact, is eligible to become a compacting
             482      state.
             483          (b) The compact shall become effective and binding upon legislative enactment of the
             484      compact into law by no less than 35 of the states. The initial effective date shall be the later of July
             485      1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become
             486      effective and binding, as to any other compacting state, upon enactment of the compact into law
             487      by that state. The governors of nonmember states or their designees will be invited to participate
             488      in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all
             489      states and territories of the United States.
             490          (c) Amendments to the compact may be proposed by the Interstate Commission for
             491      enactment by the compacting states. No amendment shall become effective and binding upon the
             492      Interstate Commission and the compacting states unless and until it is enacted into law by


             493      unanimous consent of the compacting states.
             494     
ARTICLE XII

             495     
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

             496          (a) Withdrawal.
             497          (1) Once effective, the compact shall continue in force and remain binding upon each and
             498      every compacting state; provided, that a compacting state may withdraw from the compact
             499      ("withdrawing state") by enacting a statute specifically repealing the statute which enacted the
             500      compact into law.
             501          (2) The effective date of withdrawal is the effective date of the repeal.
             502          (3) The withdrawing state shall immediately notify the chairperson of the Interstate
             503      Commission in writing upon the introduction of legislation repealing this compact in the
             504      withdrawing state. The Interstate Commission shall notify the other compacting states of the
             505      withdrawing state's intent to withdraw within 60 days of its receipt thereof.
             506          (4) The withdrawing state is responsible for all assessments, obligations, and liabilities
             507      incurred through the effective date of withdrawal, including any obligations, the performance of
             508      which extend beyond the effective date of withdrawal.
             509          (5) Reinstatement following withdrawal of any compacting state shall occur upon the
             510      withdrawing state reenacting the compact or upon such later date as determined by the Interstate
             511      Commission.
             512          (b) Default.
             513          (1) If the Interstate Commission determines that any compacting state has at any time
             514      defaulted ("defaulting state") in the performance of any of its obligations or responsibilities under
             515      this compact, the by-laws, or any duly promulgated rules, the Interstate Commission may impose
             516      any or all of the following penalties:
             517          (i) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the
             518      Interstate Commission;
             519          (ii) Remedial training and technical assistance as directed by the Interstate Commission;
             520          (iii) Suspension and termination of membership in the compact. Suspension shall be
             521      imposed only after all other reasonable means of securing compliance under the by-laws and rules
             522      have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission
             523      to the governor, the chief justice or chief judicial officer of the state, the majority and minority


             524      leaders of the defaulting state's legislature, and the state council.
             525          (2) The grounds for default include, but are not limited to, failure of a compacting state
             526      to perform such obligations or responsibilities imposed upon it by this compact, Interstate
             527      Commission by-laws, or duly promulgated rules. The Interstate Commission shall immediately
             528      notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the
             529      defaulting state pending a cure of the default. The Interstate Commission shall stipulate the
             530      conditions and the time period within which the defaulting state must cure its default. If the
             531      defaulting state fails to cure the default within the time period specified by the Interstate
             532      Commission, in addition to any other penalties imposed herein, the defaulting state may be
             533      terminated from the compact upon an affirmative vote of a majority of the compacting states and
             534      all rights, privileges, and benefits conferred by this compact shall be terminated from the effective
             535      date of suspension. Within 60 days of the effective date of termination of a defaulting state, the
             536      Interstate Commission shall notify the governor, the chief justice or chief judicial officer, and the
             537      majority and minority leaders of the defaulting state's legislature and the state council of such
             538      termination.
             539          (3) The defaulting state is responsible for all assessments, obligations, and liabilities
             540      incurred through the effective date of termination including any obligations, the performance of
             541      which extends beyond the effective date of termination.
             542          (4) The Interstate Commission shall not bear any costs relating to the defaulting state
             543      unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state.
             544      Reinstatement following termination of any compacting state requires both a reenactment of the
             545      compact by the defaulting state and the approval of the Interstate Commission pursuant to the
             546      rules.
             547          (c) Judicial Enforcement. The Interstate Commission may, by majority vote of the
             548      members, initiate legal action in the United States District Court for the District of Columbia or,
             549      at the discretion of the Interstate Commission, in the federal district where the Interstate
             550      Commission has its offices, to enforce compliance with the provisions of the compact and its duly
             551      promulgated rules and by-laws, against any compacting state in default. In the event judicial
             552      enforcement is necessary the prevailing party shall be awarded all costs of such litigation including
             553      reasonable attorneys' fees.
             554          (d) Dissolution of Compact.


             555           (1) The compact dissolves effective upon the date of the withdrawal or default of the
             556      compacting state which reduces membership in the compact to one compacting state.
             557          (2) Upon the dissolution of this compact, the compact becomes null and void and shall be
             558      of no further force or effect, and the business and affairs of the Interstate Commission shall be
             559      wound up and any surplus funds shall be distributed in accordance with the by-laws.
             560     
ARTICLE XIII

             561     
SEVERABILITY AND CONSTRUCTION

             562          (a) The provisions of this compact shall be severable, and if any phrase, clause, sentence,
             563      or provision is deemed unenforceable, the remaining provisions of the compact shall be
             564      enforceable.
             565          (b) The provisions of this compact shall be liberally constructed to effectuate its purposes.
             566     
ARTICLE XIV

             567     
BINDING EFFECT OF COMPACT AND OTHER LAWS

             568          (a) Other Laws.
             569          (1) Nothing herein prevents the enforcement of any other law of a compacting state that
             570      is not inconsistent with this compact.
             571          (2) All compacting states' laws conflicting with this compact are superseded to the extent
             572      of the conflict.
             573          (b) Binding Effect of the Compact.
             574          (1) All lawful actions of the Interstate Commission, including all rules and by-laws
             575      promulgated by the Interstate Commission, are binding upon the compacting states.
             576          (2) All agreements between the Interstate Commission and the compacting states are
             577      binding in accordance with their terms.
             578          (3) Upon the request of a party to a conflict over meaning or interpretation of Interstate
             579      Commission actions, and upon a majority vote of the compacting states, the Interstate Commission
             580      may issue advisory opinions regarding such meaning or interpretation.
             581          (4) In the event any provision of this compact exceeds the constitutional limits imposed
             582      on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought
             583      to be conferred by such provision upon the Interstate Commission shall be ineffective and such
             584      obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be
             585      exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are


             586      delegated by law in effect at the time this compact becomes effective.
             587          Section 5. Section 77-28c-201 is enacted to read:
             588     
Part 2. Authority of the Governor to Enter Into Compact

             589          77-28c-201. Authority of governor to join compact.
             590          The governor of Utah is authorized and directed to execute a compact on behalf of this state
             591      with any other state or states joining the Interstate Compact for Adult Offender Supervision as
             592      provided in Section 77-28c-103 .
             593          Section 6. Effective date.
             594          The initial effective date shall be the later of July 1, 2001, or upon the enactment of the
             595      compact contained in Section 77-28c-103 into law by the thirty-fifth jurisdiction in accordance
             596      with the compact provisions.




Legislative Review Note
    as of 11-9-00 7:29 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


Committee Note

The Law Enforcement and Criminal Justice Interim Committee recommended this bill.


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