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H.B. 18 Enrolled
This act modifies the Code of Criminal Procedure and a related provision regarding the
Department of Corrections. The act establishes for Utah the Interstate Compact for Adult
Offender Supervision and authorizes the governor to act on behalf of the state to join the
compact. The act provides updated procedures for movement of adult parolees and
probationers across state lines. The act creates the Interstate Compact Commission and the
commission's functions and authority. The act provides for oversight and enforcement
regarding participating states. This act takes effect the later of July 1, 2001, or upon the
enactment of the compact into law by the thirty-fifth jurisdiction, in accordance with the
compact provisions.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
64-13-6, as last amended by Chapter 279, Laws of Utah 1999
ENACTS:
77-28c-101, Utah Code Annotated 1953
77-28c-102, Utah Code Annotated 1953
77-28c-103, Utah Code Annotated 1953
77-28c-201, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 64-13-6 is amended to read:
64-13-6. Department duties.
(1) The department shall:
(a) protect the public through institutional care and confinement, and supervision in the
community of offenders where appropriate;
(b) implement court-ordered punishment of offenders;
(c) provide program opportunities for offenders;
(d) provide treatment for sex offenders who are found to be treatable based upon criteria
developed by the department;
(e) provide the results of ongoing assessment of sex offenders and objective diagnostic
testing to sentencing and release authorities;
(f) manage programs that take into account the needs and interests of victims, where
reasonable;
(g) supervise probationers and parolees as directed by statute and implemented by the courts
and the Board of Pardons and Parole;
(h) subject to Subsection (2), investigate criminal conduct involving offenders incarcerated
in a state correctional facility; [
(i) cooperate and exchange information with other state, local, and federal law enforcement
agencies to achieve greater success in prevention and detection of crime and apprehension of
criminals[
(j) implement the provisions of Section 77-28c-102 , Interstate Compact for Adult Offender
Supervision.
(2) (a) By following the procedures in Subsection (2)(b), the department may investigate the
following occurrences at state correctional facilities:
(i) criminal conduct of departmental employees;
(ii) felony crimes resulting in serious bodily injury;
(iii) death of any person; or
(iv) aggravated kidnaping.
(b) Prior to investigating any occurrence specified in Subsection (2)(a), the department shall:
(i) notify the sheriff or other appropriate law enforcement agency promptly after ascertaining
facts sufficient to believe an occurrence specified in Subsection (2)(a) has occurred; and
(ii) obtain consent of the sheriff or other appropriate law enforcement agency to conduct an
investigation involving an occurrence specified in Subsection (2)(a).
(3) Upon request, the department shall provide copies of investigative reports of criminal
conduct to the sheriff or other appropriate law enforcement agencies.
(4) In accordance with Section 63-55-264 , the department shall provide data to the
Commission on Criminal and Juvenile Justice to show the criteria for determining sex offender
treatability, the implementation and effectiveness of sex offender treatment, and the results of
ongoing assessment and objective diagnostic testing. The Commission on Criminal and Juvenile
Justice will then report these data to the Judiciary Interim Committee and to the appropriate
appropriations subcommittee annually.
(5) The Department of Corrections shall collect accounts receivable ordered by the district
court as a result of prosecution for a criminal offense according to the requirements and during the
time periods established in Subsection 77-18-1 (9).
Section 2. Section 77-28c-101 is enacted to read:
77-28c-101. Title.
This chapter is known as the "Interstate Compact for Adult Offender Supervision."
Section 3. Section 77-28c-102 is enacted to read:
77-28c-102. Preamble.
Whereas: The Interstate Compact for the supervision of Parolees and Probationers was
established in 1937, it is the earliest corrections "compact" established among the states and has not
been amended since its adoption over 62 years ago;
Whereas: This compact is the only vehicle for the controlled movement of adult parolees and
probationers across state lines, and it currently has jurisdiction over more than a quarter of a million
offenders;
Whereas: The complexities of the compact have become more difficult to administer, and
many jurisdictions have expanded supervision expectations to include currently unregulated practices
such as victim input, victim notification requirements, and sex offender registration;
Whereas: After hearings, national surveys, and a detailed study by a task force appointed by
the National Institute of Corrections, the overwhelming recommendation has been to amend the
document to bring about an effective management capacity that addresses public safety concerns and
offender accountability;
Whereas: Upon the adoption of this Interstate Compact for Adult Offender Supervision, it
is the intention of the legislature to repeal the previous Interstate Compact for the Supervision of
Parolees and Probationers on the effective date of this Compact.
Section 4. Section 77-28c-103 is enacted to read:
77-28c-103. Compact.
(a) The compacting states to this Interstate Compact recognize that each state is responsible
for the supervision of adult offenders in the community who are authorized pursuant to the by-laws
and rules of this compact to travel across state lines both to and from each compacting state in such
a manner as to track the location of offenders, transfer supervision authority in an orderly and
efficient manner, and when necessary, return offenders to the originating jurisdictions. The
compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C.
Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual
assistance in the prevention of crime.
(b) It is the purpose of this compact and the Interstate Commission created hereunder,
through means of joint and cooperative action among the compacting states: To provide the
framework for the promotion of public safety and protect the rights of victims through the control
and regulation of the interstate movement of offenders in the community; to provide for the effective
tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and
to equitably distribute the costs, benefits, and obligations of the compact among the compacting
states.
(c) In addition, this compact will: Create an Interstate Commission which will establish
uniform procedures to manage the movement between states of adults placed under community
supervision and released to the community under the jurisdiction of courts, paroling authorities,
corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose
of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions
where defined offenders are authorized to travel or to relocate across state lines; establish a system
of uniform data collection, access to information on active cases by authorized criminal justice
officials, and regular reporting of compact activities to heads of state councils, state executive,
judicial, and legislative branches, and criminal justice administrators; monitor compliance with rules
governing interstate movement of offenders and initiate interventions to address and correct
noncompliance; and coordinate training and education regarding regulations of interstate movement
of offenders for officials involved in such activity.
(d) The compacting states recognize that there is no "right" of any offender to live in another
state and that duly accredited officers of a sending state may at all times enter a receiving state and
there apprehend and retake any offender under supervision subject to the provisions of this compact
and by-laws and rules promulgated hereunder. It is the policy of the compacting states that the
activities conducted by the Interstate Commission created herein are the formation of public policies
and are therefore public business.
(a) As used in this compact, unless the context clearly requires a different construction:
(1) "Adult" means both individuals legally classified as adults and juveniles treated as adults
by court order, statute, or operation of law.
(2) "By-laws" mean those by-laws established by the Interstate Commission for its
governance, or for directing or controlling the Interstate Commission's actions or conduct.
(3) "Compact administrator" means the individual in each compacting state appointed
pursuant to the terms of this compact responsible for the administration and management of the
state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted
by the Interstate Commission and policies adopted by the state council under this compact.
(4) "Compacting state" means any state which has enacted the enabling legislation for this
compact.
(5) "Commissioner" means the voting representative of each compacting state appointed
pursuant to Article III of this compact.
(6) "Interstate Commission" means the Interstate Commission for Adult Offender
Supervision established by this compact.
(7) "Member" means the commissioner of a compacting state or designee, who shall be a
person officially connected with the commissioner.
(8) "Noncompacting state" means any state which has not enacted the enabling legislation
for this compact.
(9) "Offender" means an adult placed under or subject to supervision as the result of the
commission of a criminal offense and released to the community under the jurisdiction of courts,
paroling authorities, corrections, or other criminal justice agencies.
(10) "Person" means any individual, corporation, business enterprise, or other legal entity,
either public or private.
(11) "Rules" means acts of the Interstate Commission, duly promulgated pursuant to Article
VIII of this compact, substantially affecting interested parties in addition to the Interstate
Commission, which shall have the force and effect of law in the compacting states.
(12) "State" means a state of the United States, the District of Columbia, and any other
territorial possessions of the United States.
(13) "State council" means the resident members of the State Council for Interstate Adult
Offender Supervision created by each state under Article IV of this compact.
(a) The compacting states hereby create the "Interstate Commission for Adult Offender
Supervision." The Interstate Commission shall be a body corporate and joint agency of the
compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties
set forth herein; including the power to sue and be sued, and such additional powers as may be
conferred upon it by subsequent action of the respective legislatures of the compacting states in
accordance with the terms of this compact.
(b) The Interstate Commission shall consist of Commissioners selected and appointed by
resident members of a State Council for Interstate Adult Offender Supervision for each state. In
addition to the commissioners who are the voting representatives of each state, the Interstate
Commission shall include individuals who are not commissioners but who are members of interested
organizations. Such noncommissioner members must include a member of the national
organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All
noncommissioner members of the Interstate Commission shall be ex-officio (nonvoting) members.
The Interstate Commission may provide in its by-laws for such additional, ex-officio, nonvoting
members as it deems necessary.
(c) Each compacting state represented at any meeting of the Interstate Commission is entitled
to one vote. A majority of the compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the by-laws of the Interstate Commission.
(d) The Interstate Commission shall meet at least once each calendar year. The chairperson
may call additional meetings and, upon the request of 27 or more compacting states, shall call
additional meetings. Public notice shall be given of all meetings and meetings shall be open to the
public.
(e) The Interstate Commission shall establish an executive committee which shall include
commission officers, members, and others as shall be determined by the by-laws. The Executive
Committee shall have the power to act on behalf of the Interstate Commission during periods when
the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to
the Compact. The Executive Committee oversees the day-to-day activities managed by the
Executive Director and Interstate Commission staff; administers enforcement and compliance with
the provisions of the compact, its by-laws, and as directed by the Interstate Commission; and
performs other duties as directed by the Commission or set forth in the by-laws.
(a) Each member state shall create a State Council for Interstate Adult Offender Supervision
which shall be responsible for the appointment of the commissioner who shall serve on the Interstate
Commission from that state. Each state council shall appoint as its commissioner the Compact
Administrator from that state to serve on the Interstate Commission in such capacity under or
pursuant to applicable law of the member state. While each member state may determine the
membership of its own state council, its membership must include at least one representative from
the legislative, judicial, and executive branches of government, victims groups, and compact
administrators.
(b) Each compacting state retains the right to determine the qualifications of the compact
administrator, who shall be appointed by the state council or by the Governor in consultation with
the legislature and the judiciary.
(c) In addition to appointment of its commissioner to the National Interstate Commission,
each state council shall exercise oversight and advocacy concerning its participation in Interstate
Commission activities and other duties as may be determined by each member state including, but
not limited to, development of policy concerning operations and procedures of the compact within
that state.
(a) The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitable by-laws governing the management and operation of the
Interstate Commission.
(2) To promulgate rules which shall have the force and effect of statutory law and shall be
binding in the compacting states to the extent and in the manner provided in this compact.
(3) To oversee, supervise, and coordinate the interstate movement of offenders subject to
the terms of this compact and any by-laws adopted and rules promulgated by the compact
commission.
(4) To enforce compliance with compact provisions, Interstate Commission rules, and
by-laws, using all necessary and proper means including, but not limited 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, but not limited to,
members and their staffs.
(8) To establish and appoint committees and hire staff which it deems necessary for the
carrying out of its functions including, but not limited to, an executive committee as required by
Article III which shall have the power to act on behalf of the Interstate Commission in carrying out
its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix
their compensation, define their duties, and determine their qualifications; and to establish the
Interstate Commission's personnel policies 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 to own, hold,
improve, or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property, real, personal, or mixed.
(13) To establish a budget and make expenditures and levy dues as provided in Article 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 achieve the purposes
of this compact.
(17) To report annually to the legislatures, governors, judiciary, and state councils of the
compacting states concerning the activities of the Interstate Commission during the preceding year.
Such reports shall also include any recommendations that may have been adopted by the Interstate
Commission.
(18) To coordinate education, training, and public awareness regarding the Interstate
movement of offenders for officials involved in such activity.
(19) To establish uniform standards for the reporting, collecting, and exchanging of data.
(a) By-laws. The Interstate Commission shall, by a majority of the members, within 12
months of the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be
necessary or appropriate to carry out the purposes of the compact including, but not limited to:
(1) Establishing the fiscal year of the Interstate Commission;
(2) Establishing an executive committee and such other committees as may be necessary,
providing reasonable standards and procedures:
(i) For the establishment of committees, and
(ii) Governing any general or specific delegation of any authority or function of the Interstate
Commission;
(3) Providing reasonable procedures for calling and conducting meetings of the Interstate
Commission, and ensuring reasonable notice of each such meeting;
(4) Establishing the titles and responsibilities of the officers of the Interstate Commission;
(5) Providing reasonable standards and procedures for the establishment of the personnel
policies and programs of the Interstate Commission. Notwithstanding any civil service or other
similar laws of any compacting state, the by-laws shall exclusively govern the personnel policies and
programs of the Interstate Commission; and
(6) Providing a mechanism for winding up the operations of the Interstate Commission and
the equitable return of any surplus funds that may exist upon the termination of the compact after
the payment and/or reserving of all of its debts and obligations;
(7) Providing transition rules for "start up" administration of the compact;
(8) Establishing standards and procedures for compliance and technical assistance in
carrying out the compact.
(b) Officers and Staff.
(1) The Interstate Commission shall, by a majority of the members, elect from among its
members a chairperson and a vice chairperson, each of whom shall have such authorities and duties
as may be specified in the by-laws. The chairperson or, in his or her absence or disability, the vice
chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall
serve without compensation or remuneration from the Interstate Commission; provided that subject
to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary
costs and expenses incurred by them in the performance of their duties and responsibilities as
officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appoint or retain an
executive director for such period, upon such terms and conditions and 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 the Interstate
Commission, but shall not be a member.
(c) Corporate Records of the Interstate Commission. The Interstate Commission shall
maintain its corporate books and records in accordance with the by-laws.
(d) Qualified Immunity, Defense, and Indemnification.
(1) The members, officers, executive director, and employees of the Interstate Commission
shall be immune from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability caused or arising out of
any actual or alleged act, error or omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities; provided, that nothing in this paragraph shall be construed
to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused
by the intentional or willful and wanton misconduct of any such person.
(2) The Interstate Commission shall defend the commissioner of a compacting state, or his
or her representatives or employees, or the Interstate Commission's representatives or employees,
in any civil action seeking to impose liability, arising out of any actual or alleged act, error or
omission that occurred within the scope of Interstate Commission employment, duties, or
responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope
of Interstate Commission employment, duties, or responsibilities; provided, that the actual or alleged
act, error, or omission did not result from intentional wrongdoing on the part of such person.
(3) The Interstate Commission shall indemnify and hold the commissioner of a compacting
state, the appointed designee, or employees, or the Interstate Commission's representatives or
employees, harmless in the amount of any settlement or judgement obtained against such persons
arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate
Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of Interstate Commission employment, duties, or
responsibilities, provided, that the actual or alleged act, error, or omission did not result from gross
negligence or intentional wrongdoing on the part of such person.
(a) The Interstate Commission shall meet and take such actions as are consistent with the
provisions of this compact.
(b) Except as otherwise provided in this compact and unless a greater percentage is required
by the by-laws, in order to constitute an act of the Interstate Commission, such act shall have been
taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a
majority of the members present.
(c) Each member of the Interstate Commission shall have the right and power to cast a vote
to which that Compacting State is entitled and to participate in the business and affairs of the
Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate
a vote to another member state. However, a state council shall appoint another authorized
representative, in the absence of the commissioner from that state, to cast a vote on behalf of the
member state at a specified meeting. The by-laws may provide for members' participation in
meetings by telephone or other means of telecommunication or electronic communication. Any
voting conducted by telephone, or other means of telecommunication or electronic communication,
shall be subject to the same quorum requirements of meetings where members are present in person.
(d) The Interstate Commission shall meet at least once during each calendar year. The
chairperson of the Interstate Commission may call additional meetings at any time and, upon the
request of a majority of the members, shall call additional meetings.
(e) The Interstate Commission's by-laws shall establish conditions and procedures under
which the Interstate Commission shall make its information and official records available to the
public for inspection or copying. The Interstate Commission may exempt from disclosure any
information or official records to the extent they would adversely affect personal privacy rights or
proprietary interests. In promulgating such rules, the Interstate Commission may make available to
law enforcement agencies records and information otherwise exempt from disclosure, and may enter
into agreements with law enforcement agencies to receive or exchange information or records subject
to nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all meetings shall be open to the public,
except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission
shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act,"
5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees
may close a meeting to the public where it determines by two-thirds vote that an open meeting would
be likely to:
(1) Relate solely to the Interstate Commission's internal personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which is privileged or
confidential;
(4) Involve accusing any person of a crime, or formally censuring any person;
(5) Disclose information of a personal nature where disclosure would constitute 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, or condition
reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a
regulated entity for the purpose of regulation or supervision of such entity;
(8) Disclose information, the premature disclosure of which would significantly endanger
the life of a person or the stability of a regulated entity;
(9) Specifically relate to the Interstate Commission's issuance of a subpoena, or its
participation in a civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the Interstate Commission's chief
legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public,
and shall reference each relevant provision authorizing closure of the meeting. The Interstate
Commission shall keep minutes which shall fully and clearly describe all matters discussed in any
meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor,
including a description of each of the views expressed on any item and the record of any roll call
vote (reflected in the vote of each member on the question). All documents considered in connection
with any action shall be identified in such minutes.
(h) The Interstate Commission shall collect standardized data concerning the Interstate
movement of offenders as directed through its by-laws and rules which shall specify the data to be
collected, the means of collection, and data exchange and reporting requirements.
(a) The Interstate Commission shall promulgate rules in order to effectively and efficiently
achieve the purposes of the compact, including transition rules governing administration of the
compact during the period in which it is being considered and enacted by the states;
(b) Rulemaking shall occur pursuant to the criteria set forth in this article and the by-laws
and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles
of the federal Administrative Procedure Act, 5 U.S.C.S. Section 551 et seq., and the Federal
Advisory Committee Act, 5 U.S.C.S. App. 2, Section 1 et seq., as may be amended (hereinafter
"APA"). All rules and amendments shall become binding as of the date specified in each rule or
amendment.
(c) If a majority of the legislatures of the compacting states rejects a rule, by enactment of
a statute or resolution in the same manner used to adopt the compact, then such rule shall have no
further force and effect in any compacting state.
(d) When promulgating a rule, the Interstate Commission shall:
(1) Publish the proposed rule, stating with particularity the text of the rule which is proposed
and the reason for the proposed rule;
(2) Allow persons to submit written data, facts, opinions, and arguments, which information
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 on the rulemaking
record. Not later than 60 days after a rule is promulgated, any interested person may file a petition
in the United States District Court for the District of Columbia or in the Federal District Court where
the Interstate Commission's principal office is located for judicial review of such rule. If the court
finds that the Interstate Commission's action is not supported by substantial evidence, (as defined
in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside.
(e) Subjects to be addressed within 12 months after the first meeting must at a minimum
include:
(i) notice to victims and opportunity to be heard;
(ii) offender registration and compliance;
(iii) violations/returns;
(iv) transfer procedures and forms;
(v) eligibility for transfer;
(vi) collection of restitution and fees from offenders;
(vii) data collection and reporting;
(viii) the level of supervision to be provided by the receiving state;
(ix) transition rules governing the operation of the compact and the Interstate Commission
during all or part of the period between the effective date of the compact and the date on which the
last eligible state adopts the compact; and
(x) mediation, arbitration, and dispute resolution.
(f) The existing rules governing the operation of the previous compact superceded by this
act shall be null and void 12 months after the first meeting of the Interstate Commission created
hereunder.
(g) Upon determination by the Interstate Commission that an emergency exists, it may
promulgate an emergency rule which shall become effective immediately upon adoption, provided
that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule
as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
(a) Oversight.
(1) The Interstate Commission shall oversee the Interstate movement of adult offenders in
the compacting states and shall monitor such activities being administered in noncompacting states
which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact
and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.
In any judicial or administrative proceeding in a compacting state pertaining to the subject matter
of this compact which may affect the powers, responsibilities, or actions of the Interstate
Commission, the Interstate Commission shall be entitled to receive all service of process in any such
proceeding, and shall have standing to intervene in the proceeding for all purposes.
(b) Dispute Resolution.
(1) The compacting states shall report to the Interstate Commission on issues or activities
of concern to them, and cooperate with and support the Interstate Commission in the discharge of
its duties and responsibilities.
(2) The Interstate Commission shall attempt to resolve any disputes or other issues which
are subject to the compact and which may arise among compacting states and noncompacting states.
(3) The Interstate Commission shall enact a by-law or promulgate a rule providing for both
mediation and binding dispute resolution for disputes among the compacting states.
(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 forth in Article XII (b) of this
compact.
(a) The Interstate Commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessment from each
compacting state to cover the cost of the internal operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual assessment amount shall
be allocated based upon a formula to be determined by the Interstate Commission, taking into
consideration the population of the state and the volume of interstate movement of offenders in each
compacting state and shall promulgate a rule binding upon all compacting states which governs said
assessment.
(c) The Interstate Commission shall not incur any obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any
of the compacting states, except by and with the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the
audit and accounting procedures established under its by-laws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified
or licensed public accountant and the report of the audit shall be included in and become part of the
annual report of the Interstate Commission.
(a) Any state, as defined in Article II of this compact, is eligible to become a compacting
state.
(b) The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than 35 of the states. The initial effective date shall be the later of July
1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become
effective and binding, as to any other compacting state, upon enactment of the compact into law by
that state. The governors of nonmember states or their designees will be invited to participate in
Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states
and territories of the United States.
(c) Amendments to the compact may be proposed by the Interstate Commission for
enactment by the compacting states. No amendment shall become effective and binding upon the
Interstate Commission and the compacting states unless and until it is enacted into law by unanimous
consent of the compacting states.
(a) Withdrawal.
(1) Once effective, the compact shall continue in force and remain binding upon each and
every compacting state; provided, that a compacting state may withdraw from the compact
("withdrawing state") by enacting a statute specifically repealing the statute which enacted the
compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of the Interstate
Commission in writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the other compacting states of the
withdrawing state's intent to withdraw within 60 days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of withdrawal, including any obligations, the performance of
which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the Interstate
Commission.
(b) Default.
(1) If the Interstate Commission determines that any compacting state has at any time
defaulted ("defaulting state") in the performance of any of its obligations or responsibilities under
this compact, the by-laws, or any duly promulgated rules, the Interstate Commission may impose any
or all of the following penalties:
(i) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the
Interstate Commission;
(ii) Remedial training and technical assistance as directed by the Interstate Commission;
(iii) Suspension and termination of membership in the compact. Suspension shall be
imposed only after all other reasonable means of securing compliance under the by-laws and rules
have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission
to the governor, the chief justice or chief judicial officer of the state, the majority and minority
leaders of the defaulting state's legislature, and the state council.
(2) The grounds for default include, but are not limited to, failure of a compacting state to
perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission
by-laws, or duly promulgated rules. The Interstate Commission shall immediately notify the
defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting
state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the
time period within which the defaulting state must cure its default. If the defaulting state fails to cure
the default within the time period specified by the Interstate Commission, in addition to any other
penalties imposed herein, the defaulting state may be terminated from the compact upon an
affirmative vote of a majority of the compacting states and all rights, privileges, and benefits
conferred by this compact shall be terminated from the effective date of suspension. Within 60 days
of the effective date of termination of a defaulting state, the Interstate Commission shall notify the
governor, the chief justice or chief judicial officer, and the majority and minority leaders of the
defaulting state's legislature and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred
through the effective date of termination including any obligations, the performance of which
extends beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to the defaulting state unless
otherwise mutually agreed upon between the Interstate Commission and the defaulting state.
Reinstatement following termination of any compacting state requires both a reenactment of the
compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
(c) Judicial Enforcement. The Interstate Commission may, by majority vote of the members,
initiate legal action in the United States District Court for the District of Columbia or, at the
discretion of the Interstate Commission, in the federal district where the Interstate Commission has
its offices, to enforce compliance with the provisions of the compact and its duly promulgated rules
and by-laws, against any compacting state in default. In the event judicial enforcement is necessary
the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees.
(d) Dissolution of Compact.
(1) The compact dissolves effective upon the date of the withdrawal or default of the
compacting state which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be
of no further force or effect, and the business and affairs of the Interstate Commission shall be
wound up and any surplus funds shall be distributed in accordance with the by-laws.
(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence,
or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally constructed to effectuate its purposes.
(a) Other Laws.
(1) Nothing herein prevents the enforcement of any other law of a compacting state that is
not inconsistent with this compact.
(2) All compacting states' laws conflicting with this compact are superseded to the extent
of the conflict.
(b) Binding Effect of the Compact.
(1) All lawful actions of the Interstate Commission, including all rules and by-laws
promulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states are binding
in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate
Commission actions, and upon a majority vote of the compacting states, the Interstate Commission
may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed on
the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be
conferred by such provision upon the Interstate Commission shall be ineffective and such
obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be
exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are
delegated by law in effect at the time this compact becomes effective.
Section 5. Section 77-28c-201 is enacted to read:
77-28c-201. Authority of governor to join compact.
The governor of Utah is authorized and directed to execute a compact on behalf of this state
with any other state or states joining the Interstate Compact for Adult Offender Supervision as
provided in Section 77-28c-103 .
Section 6. Effective date.
The initial effective date shall be the later of July 1, 2001, or upon the enactment of the
compact contained in Section 77-28c-103 into law by the thirty-fifth jurisdiction in accordance with
the compact provisions.
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