Download Zipped Introduced WordPerfect SB0091.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]

S.B. 91





Sponsor: Lyle W. Hillyard

             6      LONG TITLE
             7      General Description:
             8          This bill enacts the Interstate Compact for Juveniles.
             9      Highlighted Provisions:
             10          This bill:
             11          .    repeals and reenacts the Interstate Compact for Juveniles;
             12          .    establishes a compact operating authority to administer ongoing compact activity;
             13          .    provides for gubernatorial appointment of representatives on a national governing
             14      commission;
             15          .    provides rulemaking authority to the governing commission;
             16          .    provides for the collection of standardized information and information sharing
             17      systems;
             18          .    creates sanctions to support essential compact operations;
             19          .    allows for the coordination and cooperation with other interstate compacts; and
             20          .     provides for an effective date upon enactment by 35 states.
             21      Monies Appropriated in this Bill:
             22          None
             23      Other Special Clauses:
             24          None
             25      Utah Code Sections Affected:
             26      ENACTS:
             27          55-12-100, Utah Code Annotated 1953

             28          55-12-101, Utah Code Annotated 1953
             29          55-12-102, Utah Code Annotated 1953
             30          55-12-103, Utah Code Annotated 1953
             31          55-12-104, Utah Code Annotated 1953
             32          55-12-105, Utah Code Annotated 1953
             33          55-12-106, Utah Code Annotated 1953
             34          55-12-107, Utah Code Annotated 1953
             35          55-12-108, Utah Code Annotated 1953
             36          55-12-109, Utah Code Annotated 1953
             37          55-12-110, Utah Code Annotated 1953
             38          55-12-111, Utah Code Annotated 1953
             39          55-12-112, Utah Code Annotated 1953
             40          55-12-113, Utah Code Annotated 1953
             41      RENUMBERS AND AMENDS:
             42          55-12-114, (Renumbered from 55-12-2, as enacted by Chapter 113, Laws of Utah 1955)
             43          55-12-115, (Renumbered from 55-12-3, as enacted by Chapter 113, Laws of Utah 1955)
             44          55-12-116, (Renumbered from 55-12-4, as enacted by Chapter 113, Laws of Utah 1955)
             45          55-12-117, (Renumbered from 55-12-5, as enacted by Chapter 113, Laws of Utah 1955)
             46          55-12-118, (Renumbered from 55-12-6, as enacted by Chapter 113, Laws of Utah 1955)
             47      REPEALS:
             48          55-12-1, as last amended by Chapter 170, Laws of Utah 1983
             50      Be it enacted by the Legislature of the state of Utah:
             51          Section 1. Section 55-12-100 is enacted to read:

             53          55-12-100. Interstate Compact for Juveniles -- Execution of compact.
             54          (1) This chapter is known as the "Interstate Compact for Juveniles."
             55          (2) The governor is authorized and directed to execute a compact on behalf of this state
             56      with any other state or states substantially in the form of this chapter.
             57          Section 2. Section 55-12-101 is enacted to read:
             58          55-12-101. Article 1 -- Purpose.

             59          (1) The compacting states to this Interstate Compact recognize that each state is
             60      responsible for the proper supervision or return of juveniles, delinquents, and status offenders
             61      who are on probation or parole and who have absconded, escaped, or run away from
             62      supervision and control and in so doing have endangered their own safety and the safety of
             63      others.
             64          (2) The compacting states also recognize that each state is responsible for the safe
             65      return of juveniles who have run away from home and in doing so have left their state of
             66      residence.
             67          (3) The compacting states also recognize that Congress, by enacting the Crime Control
             68      Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative
             69      efforts and mutual assistance in the prevention of crime.
             70          (4) It is the purpose of this compact, through means of joint and cooperative action
             71      among the compacting states to:
             72          (a) ensure that the adjudicated juveniles and status offenders subject to this compact
             73      are provided adequate supervision and services in the receiving state as ordered by the
             74      adjudicating judge or parole authority in the sending state;
             75          (b) ensure that the public safety interests of the citizens, including the victims of
             76      juvenile offenders, in both the sending and receiving states are adequately protected;
             77          (c) return juveniles who have run away, absconded, or escaped from supervision or
             78      control or have been accused of an offense to the state requesting their return;
             79          (d) make contracts for the cooperative institutionalization in public facilities in
             80      member states for delinquent youth needing special services;
             81          (e) provide for the effective tracking and supervision of juveniles;
             82          (f) equitably allocate the costs, benefits, and obligations of the compacting states;
             83          (g) establish procedures to manage the movement between states of juvenile offenders
             84      released to the community under the jurisdiction of courts, juvenile departments, or any other
             85      criminal or juvenile justice agency which has jurisdiction over juvenile offenders;
             86          (h) insure immediate notice to jurisdictions where defined offenders are authorized to
             87      travel or to relocate across state lines;
             88          (i) establish procedures to resolve pending charges (detainers) against juvenile
             89      offenders prior to transfer or release to the community under the terms of this compact;

             90          (j) establish a system of uniform data collection on information pertaining to juveniles
             91      subject to this compact that allows access by authorized juvenile justice and criminal justice
             92      officials, and regular reporting of compact activities to heads of state executive, judicial, and
             93      legislative branches and juvenile and criminal justice administrators;
             94          (k) monitor compliance with rules governing interstate movement of juveniles and
             95      initiate interventions to address and correct noncompliance;
             96          (l) coordinate training and education regarding the regulation of interstate movement of
             97      juveniles for officials involved in such activity; and
             98          (m) coordinate the implementation and operation of the compact with the Interstate
             99      Compact for the Placement of Children, the Interstate Compact for Adult Offender
             100      Supervision, and other compacts affecting juveniles particularly in those cases where
             101      concurrent or overlapping supervision issues arise.
             102          (5) It is the policy of the compacting states that the activities conducted by the
             103      Interstate Commission created herein are the formation of public policies and, therefore, are
             104      public business. Furthermore, the compacting states shall cooperate and observe their
             105      individual and collective duties and responsibilities for the prompt return and acceptance of
             106      juveniles subject to the provisions of this compact.
             107          (6) The provisions of this compact shall be reasonably and liberally construed to
             108      accomplish the purposes and policies of the compact.
             109          Section 3. Section 55-12-102 is enacted to read:
             110          55-12-102. Article 2 -- Definitions.
             111          As used in this compact, unless the context clearly requires a different construction:
             112          (1) "By-laws" means those by-laws established by the Interstate Commission for its
             113      governance, or for directing or controlling its actions or conduct.
             114          (2) "Compact Administrator" means the individual in each compacting state appointed
             115      pursuant to the terms of this compact, responsible for the administration and management of
             116      the state's supervision and transfer of juveniles subject to the terms of this compact, the rules
             117      adopted by the Interstate Commission, and policies adopted by the State Council under this
             118      compact.
             119          (3) "Compacting State" means any state which has enacted the enabling legislation for
             120      this compact.

             121          (4) "Commissioner" means the voting representative of each compacting state
             122      appointed pursuant to Section 55-12-103 .
             123          (5) "Court" means any court having jurisdiction over delinquent, neglected, or
             124      dependent children.
             125          (6) "Deputy Compact Administrator" means the individual, if any, in each compacting
             126      state appointed to act on behalf of a Compact Administrator pursuant to the terms of this
             127      compact responsible for the administration and management of the state's supervision and
             128      transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate
             129      Commission, and policies adopted by the State Council under this compact.
             130          (7) "Interstate Commission" or "commission" means the Interstate Commission for
             131      Juveniles created by Section 55-12-103 .
             132          (8) "Juvenile" means any person defined as a juvenile in any member state or by the
             133      rules of the Interstate Commission, including:
             134          (a) "accused delinquent" meaning a person charged with an offense that, if committed
             135      by an adult, would be a criminal offense;
             136          (b) "accused status offender" meaning a person charged with an offense that would not
             137      be a criminal offense if committed by an adult;
             138          (c) "adjudicated delinquent" meaning a person found to have committed an offense
             139      that, if committed by an adult, would be a criminal offense;
             140          (d) "adjudicated status offender" meaning a person found to have committed an offense
             141      that would not be a criminal offense if committed by an adult; and
             142          (e) "nonoffender" meaning a person in need of supervision who has not been accused
             143      or adjudicated a status offender or delinquent.
             144          (9) "Noncompacting state" means any state which has not enacted the enabling
             145      legislation for this compact.
             146          (10) "Probation or Parole" means any kind of supervision or conditional release of
             147      juveniles authorized under the laws of the compacting states.
             148          (11) "Rule" means a written statement by the Interstate Commission promulgated
             149      pursuant to Section 55-12-106 that is of general applicability, implements, interprets, or
             150      prescribes a policy or provision of the compact, or an organizational, procedural, or practice
             151      requirement of the Commission, and has the force and effect of statutory law in a compacting

             152      state, and includes the amendment, repeal, or suspension of an existing rule.
             153          (12) "State" means a state of the United States, the District of Columbia, the
             154      Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
             155      Northern Marianas Islands.
             156          Section 4. Section 55-12-103 is enacted to read:
             157          55-12-103. Article 3 -- Interstate Commission for Juveniles.
             158          (1) The compacting states hereby create the "Interstate Commission for Juveniles."
             159          (2) The commission shall be a body corporate and joint agency of the compacting
             160      states.
             161          (3) The commission shall have all the responsibilities, powers, and duties set forth
             162      herein, and such additional powers as may be conferred upon it by subsequent action of the
             163      respective legislatures of the compacting states in accordance with the terms of this compact.
             164          (4) The commission shall consist of commissioners appointed by the appropriate
             165      appointing authority in each state pursuant to the rules and requirements of each compacting
             166      state and in consultation with the State Council for Interstate Juvenile Supervision created
             167      hereunder.
             168          (5) The commissioner shall be the compact administrator, deputy compact
             169      administrator, or designee from that state who shall serve on the commission in such capacity
             170      under or pursuant to the applicable law of the compacting state.
             171          (6) In addition to the commissioners who are the voting representatives of each state,
             172      the commission shall include individuals who are not commissioners, but who are members of
             173      interested organizations. Noncommissioner members shall include a member of the national
             174      organizations of governors, legislators, state chief justices, attorneys general, Interstate
             175      Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children,
             176      juvenile justice and juvenile corrections officials, and crime victims.
             177          (7) All noncommissioner members of the commission shall be ex officio, nonvoting
             178      members. The commission may provide in its by-laws for additional ex officio, nonvoting
             179      members, including members of other national organizations, in numbers to be determined by
             180      the commission.
             181          (8) Each compacting state represented at any meeting of the commission is entitled to
             182      one vote. A majority of the compacting states shall constitute a quorum for the transaction of

             183      business, unless a larger quorum is required by the by-laws of the commission.
             184          (9) The commission shall meet at least once each calendar year. The chairperson may
             185      call additional meetings and, upon the request of a simple majority of the compacting states,
             186      shall call additional meetings. Public notice shall be given of all meetings and meetings shall
             187      be open to the public.
             188          (10) The commission shall establish an executive committee, which shall include
             189      commission officers, members, and others as determined by the by-laws. The executive
             190      committee shall:
             191          (a) have the power to act on behalf of the commission during periods when the
             192      commission is not in session, with the exception of rulemaking or amendment to the compact;
             193          (b) oversee the day-to-day activities of the administration of the compact managed by
             194      an executive director and commission staff, which administers enforcement and compliance
             195      with the provisions of the compact, its by-laws, and rules; and
             196          (c) perform other duties as directed by the commission or set forth in the by-laws.
             197          (11) Each member of the commission shall have the right and power to cast a vote to
             198      which that compacting state is entitled and to participate in the business and affairs of the
             199      commission. A member shall vote in person and may not delegate a vote to another
             200      compacting state. However, a commissioner, in consultation with the state council, shall
             201      appoint another authorized representative, in the absence of the commissioner from that state,
             202      to cast a vote on behalf of the compacting state at a specified meeting. The by-laws may
             203      provide for members' participation in meetings by telephone or other means of
             204      telecommunication or electronic communication.
             205          (12) The commission's by-laws shall establish conditions and procedures under which
             206      the commission shall make its information and official records available to the public for
             207      inspection or copying. The commission may exempt from disclosure any information or
             208      official records to the extent they would adversely affect personal privacy rights or proprietary
             209      interests.
             210          (13) Public notice shall be given of all meetings and all meetings shall be open to the
             211      public, except as set forth in the rules or as otherwise provided in the compact. The
             212      commission and any of its committees may close a meeting to the public where it determines
             213      by two-thirds vote that an open meeting would be likely to:

             214          (a) relate solely to the commission's internal personnel practices and procedures;
             215          (b) disclose matters specifically exempted from disclosure by statute;
             216          (c) disclose trade secrets or commercial or financial information which is privileged or
             217      confidential;
             218          (d) involve accusing any person of a crime, or formally censuring any person;
             219          (e) disclose information of a personal nature where disclosure would constitute a
             220      clearly unwarranted invasion of personal privacy;
             221          (f) disclose investigative records compiled for law enforcement purposes;
             222          (g) disclose information contained in or related to examination, operating, or condition
             223      reports prepared by, or on behalf of or for the use of, the commission with respect to a
             224      regulated person or entity for the purpose of regulation or supervision of such person or entity;
             225          (h) disclose information, the premature disclosure of which would significantly
             226      endanger the stability of a regulated person or entity; or
             227          (i) specifically relate to the commission's issuance of a subpoena, or its participation in
             228      a civil action or other legal proceeding.
             229          (14) For every meeting closed pursuant to this provision, the commission's legal
             230      counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to
             231      the public, and shall reference each relevant exemptive provision. The commission shall keep
             232      minutes which shall fully and clearly describe all matters discussed in any meeting and shall
             233      provide a full and accurate summary of any actions taken, and the reasons therefor, including a
             234      description of each of the views expressed on any item and the record of any roll call vote,
             235      reflected in the vote of each member on the question. All documents considered in connection
             236      with any action shall be identified in the minutes.
             237          (15) The commission shall collect standardized data concerning the interstate
             238      movement of juveniles as directed through its rules which shall specify the data to be collected,
             239      the means of collection, and data exchange and reporting requirements. Methods of data
             240      collection, exchange, and reporting shall insofar as is reasonably possible conform to
             241      up-to-date technology and coordinate its information functions with the appropriate repository
             242      of records.
             243          Section 5. Section 55-12-104 is enacted to read:
             244          55-12-104. Article 4 -- Powers and duties of the Interstate Commission.

             245          The commission shall have the following powers and duties:
             246          (1) provide for dispute resolution among compacting states;
             247          (2) promulgate rules to effect the purposes and obligations as enumerated in this
             248      compact, which shall have the force and effect of statutory law and shall be binding in the
             249      compacting states to the extent and in the manner provided in this compact;
             250          (3) oversee, supervise, and coordinate the interstate movement of juveniles subject to
             251      the terms of this compact and any by-laws adopted and rules promulgated by the commission;
             252          (4) enforce compliance with the compact provisions, the rules promulgated by the
             253      commission, and the by-laws, using all necessary and proper means, including, but not limited
             254      to, the use of judicial process;
             255          (5) establish and maintain offices which shall be located within one or more of the
             256      compacting states;
             257          (6) purchase and maintain insurance and bonds;
             258          (7) borrow, accept, hire, or contract for services of personnel;
             259          (8) establish and appoint committees and hire staff which it considers necessary for the
             260      carrying out of its functions including, but not limited to, an executive committee as required
             261      by Section 55-12-103 , which shall have the power to act on behalf of the commission in
             262      carrying out its powers and duties hereunder;
             263          (9) elect or appoint any officers, attorneys, employees, agents, or consultants, fix their
             264      compensation, define their duties, and determine their qualifications;
             265          (10) establish the commission's personnel policies and programs relating to, inter alia,
             266      conflicts of interest, rates of compensation, and qualifications of personnel;
             267          (11) accept any and all donations and grants of money, equipment, supplies, materials,
             268      and services, and to receive, utilize, and dispose of them;
             269          (12) lease, purchase, accept contributions or donations of, or otherwise to own, hold,
             270      improve or use any property, real, personal, or mixed;
             271          (13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
             272      any property, real, personal, or mixed;
             273          (14) establish a budget and make expenditures and levy dues as provided in Section
             274      55-12-108 ;
             275          (15) sue and be sued;

             276          (16) adopt a seal and by-laws governing the management and operation of the
             277      commission;
             278          (17) perform any functions necessary or appropriate to achieve the purposes of this
             279      compact;
             280          (18) report annually to the legislatures, governors, judiciary, and state councils of the
             281      compacting states concerning the activities of the commission during the preceding year,
             282      including any recommendations that may have been adopted by the commission;
             283          (19) coordinate education, training, and public awareness regarding the interstate
             284      movement of juveniles for officials involved in the activity;
             285          (20) establish uniform standards for the reporting, collecting, and exchanging of data;
             286      and
             287          (21) maintain its corporate books and records in accordance with the by-laws.
             288          Section 6. Section 55-12-105 is enacted to read:
             289          55-12-105. Article 5 -- Organization and operation of the Interstate Commission.
             290          (1) Section A. By-laws
             291          The Interstate Commission shall, by a majority of the members present and voting,
             292      within 12 months after the first commission meeting, adopt by-laws to govern its conduct as
             293      may be necessary or appropriate to carry out the purposes of the compact, including, but not
             294      limited to:
             295          (a) establishing the fiscal year of the commission;
             296          (b) establishing an executive committee and any other committees as necessary;
             297          (c) providing for the establishment of committees governing any general or specific
             298      delegation of any authority or function of the commission;
             299          (d) providing reasonable procedures for calling and conducting meetings of the
             300      commission, and ensuring reasonable notice of each meeting;
             301          (e) establishing the titles and responsibilities of the officers of the commission;
             302          (f) providing a mechanism for concluding the operations of the commission and the
             303      return of any surplus funds that may exist upon the termination of the compact after the
             304      payment and reserving of all of its debts and obligations;
             305          (g) providing "start-up" rules for initial administration of the compact; and
             306          (h) establishing standards and procedures for compliance and technical assistance in

             307      carrying out the compact.
             308          (2) Section B. Officers and Staff
             309          (a) The Interstate Commission shall, by a majority of the members, elect annually from
             310      among its members a chairperson and a vice chairperson, each of whom shall have the
             311      authority and duties specified in the by-laws. The chairperson or, in the chairperson's absence
             312      or disability, the vice chairperson shall preside at all meetings of the commission.
             313          (b) The officers shall serve without compensation or remuneration from the
             314      commission, provided that, subject to the availability of budgeted funds, the officers shall be
             315      reimbursed for any ordinary and necessary costs and expenses incurred by them in the
             316      performance of their duties and responsibilities as officers of the commission.
             317          (c) The commission shall, through its executive committee, appoint or retain an
             318      executive director for any time period, upon any terms and conditions, and for any
             319      compensation as the commission may consider appropriate. The executive director shall serve
             320      as secretary to the commission, but may not be a member and shall hire and supervise other
             321      staff as authorized by the commission.
             322          (3) Section C. Qualified Immunity, Defense, and Indemnification
             323          (a) The Interstate Commission's executive director and employees shall be immune
             324      from suit and liability, either personally or in their official capacity, for any claim for damage
             325      to or loss of property or personal injury or other civil liability caused or arising out of or
             326      relating to any actual or alleged act, error, or omission that occurred, or that the person had a
             327      reasonable basis for believing occurred within the scope of commission employment, duties, or
             328      responsibilities; provided, that a person may not be protected from suit or liability for any
             329      damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of
             330      the person.
             331          (b) The liability of any commissioner, or the employee or agent of a commissioner,
             332      acting within the scope of the person's employment or duties for acts, errors, or omissions
             333      occurring within the person's state may not exceed the limits of liability set forth under the
             334      constitution and laws of that state for state officials, employees, and agents. Nothing in this
             335      Subsection (3) shall be construed to protect any person from suit or liability for any damage,
             336      loss, injury, or liability caused by the intentional or willful and wanton misconduct of the
             337      person.

             338          (c) The commission shall defend the executive director or the employees or
             339      representatives of the commission and, subject to the approval of the attorney general of the
             340      state represented by any commissioner of a compacting state, shall defend the commissioner or
             341      the commissioner's representatives or employees in any civil action seeking to impose liability
             342      arising out of any actual or alleged act, error, or omission that occurred within the scope of
             343      commission employment, duties, or responsibilities, or that the defendant had a reasonable
             344      basis for believing occurred within the scope of commission employment, duties, or
             345      responsibilities, provided that the actual or alleged act, error, or omission did not result from
             346      intentional or willful and wanton misconduct on the part of the person.
             347          (d) The commission shall indemnify and hold the commissioner of a compacting state,
             348      the commissioner's representatives or employees, or the commission's representatives or
             349      employees harmless in the amount of any settlement or judgment obtained against the persons
             350      arising out of any actual or alleged act, error, or omission that occurred within the scope of
             351      commission employment, duties, or responsibilities, or that the persons had a reasonable basis
             352      for believing occurred within the scope of commission employment, duties, or responsibilities,
             353      provided that the actual or alleged act, error, or omission did not result from intentional or
             354      willful and wanton misconduct on the part of the persons.
             355          Section 7. Section 55-12-106 is enacted to read:
             356          55-12-106. Article 6 -- Rulemaking functions of the Interstate Commission.
             357          (1) The Interstate Commission shall promulgate and publish rules in order to
             358      effectively and efficiently achieve the purposes of the compact.
             359          (2) Rulemaking shall occur pursuant to the criteria set forth in this section and the
             360      by-laws and rules adopted pursuant thereto. Rulemaking shall substantially conform to the
             361      principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws
             362      Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the commission
             363      considers appropriate, consistent with due process requirements under the U.S. Constitution as
             364      interpreted by the U. S. Supreme Court. All rules and amendments shall become binding as of
             365      the date specified, as published with the final version of the rule as approved by the
             366      commission.
             367          (3) When promulgating a rule, the commission shall, at a minimum:
             368          (a) publish the proposed rule's entire text stating the reasons for that proposed rule;

             369          (b) allow and invite any and all persons to submit written data, facts, opinions, and
             370      arguments, which information shall be added to the record, and be made publicly available;
             371          (c) provide an opportunity for an informal hearing if petitioned by ten or more persons;
             372      and
             373          (d) promulgate a final rule and its effective date, if appropriate, based on input from
             374      state or local officials, or interested parties.
             375          (4) Not later than 60 days after a rule is promulgated, the commission shall allow any
             376      interested person to file a petition in the United States District Court for the District of
             377      Columbia or in the Federal District Court where the commission's principal office is located for
             378      judicial review of the rule. If the court finds that the commission's action is not supported by
             379      substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it
             380      aside. For purposes of this Subsection (4), evidence is substantial if it would be considered
             381      substantial evidence under the Model State Administrative Procedures Act.
             382          (5) If a majority of the legislatures of the compacting states reject a rule, those states
             383      may, by enactment of a statute or resolution in the same manner used to adopt the compact,
             384      state that the rule shall have no further force and effect in any compacting state.
             385          (6) The existing rules governing the operation of the Interstate Compact on Juveniles
             386      superceded by this act shall be null and void 12 months after the first meeting of the Interstate
             387      Commission created in this chapter.
             388          (7) Upon determination by the Interstate Commission that a state of emergency exists,
             389      it may promulgate an emergency rule which shall become effective immediately upon
             390      adoption, provided that the usual rulemaking procedures shall be retroactively applied to the
             391      rule as soon as reasonably possible, but no later than 90 days after the effective date of the
             392      emergency rule.
             393          Section 8. Section 55-12-107 is enacted to read:
             394          55-12-107. Article 7 -- Oversight, enforcement, and dispute resolution by the
             395      Interstate Commission.
             396          (1) Section A. Oversight
             397          (a) The Interstate Commission shall oversee the administration and operations of the
             398      interstate movement of juveniles subject to this compact in the compacting states and shall
             399      monitor activities being administered in noncompacting states which may significantly affect

             400      compacting states.
             401          (b) The courts and executive agencies in each compacting state shall enforce this
             402      compact and take all actions necessary and appropriate to effectuate the compact's purposes
             403      and intent. The provisions of this compact and the rules promulgated hereunder shall be
             404      received by all the judges, public officers, commissions, and departments of the state
             405      government as evidence of the authorized statute and administrative rules. All courts shall take
             406      judicial notice of the compact and the rules. In any judicial or administrative proceeding in a
             407      compacting state pertaining to the subject matter of this compact which may affect the powers,
             408      responsibilities, or actions of the commission, it shall be entitled to receive all service of
             409      process in any proceeding, and shall have standing to intervene in the proceeding for all
             410      purposes.
             411          (2) Section B. Dispute Resolution
             412          (a) The compacting states shall report to the Interstate Commission on all issues and
             413      activities necessary for the administration of the compact as well as issues and activities
             414      pertaining to compliance with the provisions of the compact and its by-laws and rules.
             415          (b) The Interstate Commission shall attempt, upon the request of a compacting state, to
             416      resolve any disputes or other issues which are subject to the compact and which may arise
             417      among compacting states and between compacting and noncompacting states. The commission
             418      shall promulgate a rule providing for both mediation and binding dispute resolution for
             419      disputes among the compacting states.
             420          (c) The commission, in the reasonable exercise of its discretion, shall enforce the
             421      provisions and rules of this compact using any or all means set forth in Section 55-12-109 .
             422          Section 9. Section 55-12-108 is enacted to read:
             423          55-12-108. Article 8 -- Finance.
             424          (1) The Interstate Commission shall pay or provide for the payment of the reasonable
             425      expenses of its establishment, organization, and ongoing activities.
             426          (2) The commission shall levy on and collect an annual assessment from each
             427      compacting state to cover the cost of the internal operations and activities of the commission
             428      and its staff which shall be in a total amount sufficient to cover the commission's annual budget
             429      as approved each year. The aggregate annual assessment amount shall be allocated based upon
             430      a formula to be determined by the commission, taking into consideration the population of each

             431      compacting state and the volume of interstate movement of juveniles in each compacting state.
             432      The commission shall promulgate a rule binding upon all compacting states which governs the
             433      assessment.
             434          (3) The commission may not incur any obligations of any kind prior to securing the
             435      funds adequate to meet the obligations, nor shall the commission pledge the credit of any of the
             436      compacting states, except by and with the authority of the compacting state.
             437          (4) The commission shall keep accurate accounts of all receipts and disbursements.
             438      The receipts and disbursements of the commission shall be subject to the audit and accounting
             439      procedures established under its by-laws. All receipts and disbursements of funds handled by
             440      the commission shall be audited yearly by a certified or licensed public accountant and the
             441      report of the audit shall be included in and become part of the annual report of the commission.
             442          Section 10. Section 55-12-109 is enacted to read:
             443          55-12-109. Article 9 -- The state council.
             444          (1) Each member state shall create a State Council for Interstate Juvenile Supervision.
             445          (2) While each state may determine the membership of its own state council, its
             446      membership shall include at least one representative from the legislative, judicial, and
             447      executive branches of government, victims groups, and the compact administrator, deputy
             448      compact administrator, or designee.
             449          (3) Each compacting state retains the right to determine the qualifications of the
             450      compact administrator or deputy compact administrator.
             451          (4) Each state council shall advise and may exercise oversight and advocacy
             452      concerning that state's participation in commission activities and other duties determined by
             453      that state, including but not limited to, development of policy concerning operations and
             454      procedures of the compact within that state.
             455          Section 11. Section 55-12-110 is enacted to read:
             456          55-12-110. Article 10 -- Compacting states, effective date, and amendment.
             457          (1) Any state, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
             458      Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in
             459      Section 55-12-102 is eligible to become a compacting state.
             460          (2) The compact shall become effective and binding upon legislative enactment of the
             461      compact into law by no less than 35 states. The initial effective date shall be the later of July 1,

             462      2004 or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective
             463      and binding as to any other compacting state upon enactment of the compact into law by that
             464      state.
             465          (3) The governors of nonmember states or their designees shall be invited to participate
             466      in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the
             467      compact by all states and territories of the United States.
             468          (4) The commission may propose amendments to the compact for enactment by the
             469      compacting states. No amendment shall become effective and binding upon the commission
             470      and the compacting states unless and until it is enacted into law by unanimous consent of the
             471      compacting states.
             472          Section 12. Section 55-12-111 is enacted to read:
             473          55-12-111. Article 11 -- Withdrawal, default, termination, and judicial
             474      enforcement.
             475          (1) Section A. Withdrawal
             476          (a) Once effective, the compact shall continue in force and remain binding upon each
             477      and every compacting state.
             478          (b) A compacting state may withdraw from the compact by specifically repealing the
             479      statute which enacted the compact into law. The effective date of withdrawal is the effective
             480      date of the repeal.
             481          (c) The withdrawing state shall immediately notify the chairperson of the Interstate
             482      Commission in writing upon the introduction of legislation repealing the compact in the
             483      withdrawing state. The commission shall notify the other compacting states of the
             484      withdrawing state's intent to withdraw within 60 days of its receipt thereof.
             485          (d) The withdrawing state is responsible for all assessments, obligations, and liabilities
             486      incurred through the effective date of withdrawal, including any obligations, the performance
             487      of which extend beyond the effective date of withdrawal.
             488          (e) Reinstatement following withdrawal of any compacting state shall occur upon the
             489      withdrawing state reenacting the compact or upon a later date as determined by the
             490      commission.
             491          (2) Section B. Technical Assistance, Fines, Suspension, Termination, and Default
             492          (a) If the Interstate Commission determines that any compacting state has at any time

             493      defaulted in the performance of any of its obligations or responsibilities under this compact, or
             494      the by-laws or duly promulgated rules, the commission may impose any or all of the following
             495      penalties:
             496          (i) remedial training and technical assistance as directed by the commission;
             497          (ii) alternative dispute resolution;
             498          (iii) fines, fees, and costs in amounts considered to be reasonable as fixed by the
             499      commission; and
             500          (iv) suspension or termination of membership in the compact.
             501          (b) Suspension or termination of membership in the compact shall be imposed only
             502      after all other reasonable means of securing compliance under the by-laws and rules have been
             503      exhausted and the commission has determined that the offending state is in default.
             504          (c) Immediate notice of suspension shall be given by the commission to the governor,
             505      the chief justice, or the chief judicial officer of the state, the majority and minority leaders of
             506      the defaulting state's legislature, and the state council.
             507          (d) The grounds for default include, but are not limited to, failure of a compacting state
             508      to perform obligations or responsibilities imposed upon it by this compact, the by-laws, or duly
             509      promulgated rules, and any other grounds designated in commission by-laws and rules.
             510          (i) The commission shall immediately notify the defaulting state in writing of the
             511      penalty imposed by the commission and of the default pending a cure of the default.
             512          (ii) The commission shall stipulate the conditions and the time period within which the
             513      defaulting state must cure its default.
             514          (e) If the defaulting state fails to cure the default within the time period specified by the
             515      commission, the defaulting state shall be terminated from the compact upon an affirmative vote
             516      of a majority of the compacting states and all rights, privileges, and benefits conferred by this
             517      compact shall be terminated upon the effective date of termination.
             518          (f) Within 60 days of the effective date of termination of a defaulting state, the
             519      commission shall notify the governor, the chief justice or chief judicial officer, the majority and
             520      minority leaders of the defaulting state's legislature, and the state council of the termination.
             521          (g) The defaulting state is responsible for all assessments, obligations, and liabilities
             522      incurred through the effective date of termination including any obligations, the performance of
             523      which extends beyond the effective date of termination.

             524          (h) The commission may not bear any costs relating to the defaulting state unless
             525      otherwise mutually agreed upon in writing between the commission and the defaulting state.
             526          (i) Reinstatement following termination of any compacting state requires both a
             527      reenactment of the compact by the defaulting state and the approval of the commission
             528      pursuant to the rules.
             529          (3) Section C. Judicial Enforcement
             530          (a) The Interstate Commission may, by majority vote of the members, initiate legal
             531      action in the United States District Court for the District of Columbia or, at the discretion of
             532      the Interstate Commission, in the federal district where the Interstate Commission has its
             533      offices, to enforce compliance with the provisions of the compact, its duly promulgated rules
             534      and by-laws, against any compacting state in default.
             535          (b) In the event judicial enforcement is necessary, the prevailing party shall be awarded
             536      all costs of litigation, including reasonable attorneys' fees.
             537          (4) Section D. Dissolution of Compact
             538          (a) The compact dissolves effective upon the date of the withdrawal or default of a
             539      compacting state, which reduces membership in the compact to one compacting state.
             540          (b) Upon the dissolution of this compact, the compact becomes null and void and shall
             541      be of no further force or effect, the business and affairs of the Interstate Commission shall be
             542      concluded, and any surplus funds shall be distributed in accordance with the by-laws.
             543          Section 13. Section 55-12-112 is enacted to read:
             544          55-12-112. Article 12 -- Severability and construction.
             545          (1) The provisions of this compact shall be severable, and if any phrase, clause,
             546      sentence, or provision is considered unenforceable, the remaining provisions of the compact
             547      shall be enforceable.
             548          (2) The provisions of this compact shall be liberally construed to effectuate its
             549      purposes.
             550          Section 14. Section 55-12-113 is enacted to read:
             551          55-12-113. Article 13 -- Binding effect of compact and other laws.
             552          (1) Section A. Other Laws
             553          (a) Nothing herein prevents the enforcement of any other law of a compacting state that
             554      is not inconsistent with this compact.

             555          (b) All compacting states' laws other than state constitutions and other interstate
             556      compacts conflicting with this compact are superseded to the extent of the conflict.
             557          (2) Section B. Binding Effect of the Compact
             558          (a) All lawful actions of the commission, including all rules and by-laws promulgated
             559      by the commission, are binding upon the compacting states.
             560          (b) All agreements between the commission and the compacting states are binding in
             561      accordance with their terms.
             562          (c) Upon the request of a party to a conflict over meaning or interpretation of
             563      commission actions, and upon a majority vote of the compacting states, the commission may
             564      issue advisory opinions regarding the meaning or interpretation.
             565          (d) In the event any provision of this compact exceeds the constitutional limits imposed
             566      on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction
             567      sought to be conferred by the provision upon the commission shall be ineffective and the
             568      obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be
             569      exercised by the agency thereof to which the obligations, duties, powers, or jurisdiction are
             570      delegated by law in effect at the time this compact becomes effective.
             571          Section 15. Section 55-12-114 , which is renumbered from Section 55-12-2 is
             572      renumbered and amended to read:
             573           [55-12-2].     55-12-114. Juvenile compact administrator.
             574          (1) Pursuant to [said] this compact, the governor is [hereby] authorized and empowered
             575      to designate [an officer who shall be the] a compact administrator and who, acting jointly with
             576      like [officers] administrators of other party states, shall promulgate rules and regulations to
             577      carry out more effectively the terms of the compact. [Said] The compact administrator shall
             578      serve subject to the pleasure of the governor.
             579          (2) The compact administrator is [hereby] authorized, empowered and directed to
             580      cooperate with all departments, agencies and officers of and in the government of this state and
             581      its subdivisions in facilitating the proper administration of the compact or of any
             582      supplementary agreement or agreements entered into by this state [thereunder].
             583          Section 16. Section 55-12-115 , which is renumbered from Section 55-12-3 is
             584      renumbered and amended to read:
             585           [55-12-3].     55-12-115. Supplementary agreements.

             586          The compact administrator is [hereby] authorized and empowered to enter into
             587      supplementary agreements with appropriate officials of other states pursuant to the compact. In
             588      the event that [such] the supplementary agreement [shall require] requires or [contemplate]
             589      contemplates the use of any institution or facility of this state or [require] requires or
             590      [contemplate] contemplates the provision of any service by this state, [said] the supplementary
             591      agreement shall have no force or effect until approved by the head of the department or agency
             592      under whose jurisdiction said institution or facility is operated or whose department or agency
             593      will be charged with the rendering of such service.
             594          Section 17. Section 55-12-116 , which is renumbered from Section 55-12-4 is
             595      renumbered and amended to read:
             596           [55-12-4].     55-12-116. Financial arrangements.
             597          The compact administrator, subject to the approval of the Department of Finance, may
             598      make or arrange for any payments necessary to discharge any financial obligations imposed
             599      upon this state by the compact or by any supplementary agreement entered into [thereunder].
             600          Section 18. Section 55-12-117 , which is renumbered from Section 55-12-5 is
             601      renumbered and amended to read:
             602           [55-12-5].     55-12-117. Responsibility of parents.
             603          The compact administrator is authorized to take appropriate action to recover from
             604      parents or guardians, any and all costs expended by the state, or any of its subdivisions, to
             605      return a delinquent or nondelinquent juvenile to this state, for care provided pursuant to any
             606      supplementary agreement [herein authorized], or for care pending the return of [such] the
             607      juvenile to this state.
             608          Section 19. Section 55-12-118 , which is renumbered from Section 55-12-6 is
             609      renumbered and amended to read:
             610           [55-12-6].     55-12-118. Responsibilities of state courts, departments, agencies,
             611      and officers.
             612          The courts, departments, agencies and officers of this state and its subdivisions shall
             613      enforce this compact and [shall] do all things appropriate to the effectuation of its purposes and
             614      intent which may be within their respective jurisdictions.
             615          Section 20. Repealer.
             616          This bill repeals:

             617          Section 55-12-1, Execution of compact.

Legislative Review Note
    as of 11-30-04 12:13 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

[Bill Documents][Bills Directory]