Chapter
187
2003
-- S 0386
07/10/03
AN ACT
RELATING TO DELINQUENT AND
DEPENDENT CHILDREN -- INTERSTATE
COMPACT ON JUVENILES
Introduced By: Senators Perry, McCaffrey,
Gallo, Sosnowski, and Roberts
Date Introduced:
February 12, 2003
It is enacted by the General
Assembly as follows:
SECTION
1. Chapter 14-6 of the General Laws entitled "Interstate Compact on
Juveniles" is hereby repealed
in its entirety.
CHAPTER
14-6
Interstate Compact on
Juveniles
14-6-1.
Execution of compact. -- The governor on behalf of the state of
Rhode Island
and Providence Plantations is
authorized to execute a compact, in substantially the following
form, with any state, territory
or possession of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico, and
the general assembly signifies in advance its approval and
ratification of this compact:
INTERSTATE
COMPACT ON JUVENILES
The
contracting states solemnly agree:
ARTICLE
I –
Findings
and Purposes
That
juveniles who are not under proper supervision and control, or who have
absconded,
escaped or run away, are likely
to endanger their own h
health,
morals and welfare, and the health, morals and welfare of others. The cooperation
of the states party to this
compact is therefore necessary to provide for the welfare and protection
of juveniles and of the public
with respect to (1) cooperative supervision of delinquent juveniles
on probation or parole; (2) the
return, from one state to another, of delinquent juveniles who have
escaped or absconded; (3) the
return, from one state to another, of non-delinquent juveniles who
have run away from home; and (4)
additional measures for the protection of juveniles and of the
public, which any two (2) or
more of the party states may find desirable to undertake
cooperatively. In carrying out
the provisions of this compact the party states shall be guided by
the non-criminal, reformative
and protective policies which guide their laws concerning
delinquent, neglected or
dependent juveniles generally. It shall be the policy of the states party to
this compact to cooperate and
observe their respective responsibilities for the prompt return and
acceptance of juveniles and
delinquent juveniles who become subject to the provisions of this
compact. The provisions of this
compact shall be reasonably and liberally construed to
accomplish the purposes of
Article I of this compact.
ARTICLE
II –
Existing
Rights and Remedies
That
all remedies and procedures provided by this compact shall be in addition to
and not
in substitution for other
rights, remedies and procedures, and shall not be in derogation of
parental rights and
responsibilities.
ARTICLE
III –
Definitions
That,
for the purposes of this compact, "delinquent juvenile" means any
juvenile who has
been adjudged delinquent and
who, at the time the provisions of this compact are invoked, is still
subject to the jurisdiction of
the court that has made that adjudication or to the jurisdiction or
supervision of an agency or
institution pursuant to an order of the court; "probation or parole"
means any kind of conditional
release of juveniles authorized under the laws of the states party to
the compact; "court"
means any court having jurisdiction over delinquent, neglected or dependent
children; "state"
means any state, territory or possession of the United States, the District of
Columbia, and the Commonwealth
of Puerto Rico; and "residence" or any variant of it means a
place at which a home or regular
place of abode is maintained.
ARTICLE
IV –
Return
of Runaways
(a)
That the parent, guardian, person or agency entitled to legal custody of a
juvenile who
has not been adjudged delinquent
but who has run away without the consent of the parent,
guardian, person or agency may
petition the appropriate court in the demanding state for the
issuance of a requisition for
his or her return. The petition shall state the name and age of the
juvenile, the name of the
petitioner and the basis of entitlement to the juvenile's custody, the
circumstances of his or her
running away, his location if known at the time application is made,
and any other facts that may
tend to show that the juvenile who has run away is endangering his
or her own welfare or the
welfare of others and is not an emancipated minor. The petition shall be
verified by affidavit, shall be
executed in duplicate, and shall be accompanied by two (2) certified
copies of the document or
documents on which the petitioner's entitlement to the juvenile's
custody is based, such as birth
certificates, letters of guardianship, or custody decrees. Any
further affidavits and other documents
that may be deemed proper may be submitted with the
petition. The judge of the court
to which this application is made may hold a hearing on it to
determine whether for the
purposes of this compact the petitioner is entitled to the legal custody
of the juvenile, whether or not
it appears that the juvenile has in fact run away without consent,
whether or not he is an
emancipated minor, and whether or not it is in the best interest of the
juvenile to compel his or her
return to the state. If the judge determines, either with or without a
hearing, that the juvenile
should be returned, he or she shall present to the appropriate court or to
the executive authority of the
state where the juvenile is alleged to be located a written requisition
for the return of the juvenile.
The requisition shall set forth the name and age of the juvenile, the
determination of the court that
the juvenile has run away without the consent of a parent,
guardian, person or agency
entitled to his or her legal custody, and that it is in the best interest
and for the protection of the
juvenile that he or she be returned. In the event that a proceeding for
the adjudication of the juvenile
as a delinquent, neglected or dependent juvenile is pending in the
court at the time when the
juvenile runs away, the court may issue a requisition for the return of
the juvenile upon its own
motion, regardless of the consent of the parent, guardian, person or
agency entitled to legal
custody, reciting in it the nature and circumstances of the pending
proceeding. The requisition
shall in every case be executed in duplicate and shall be signed by the
judge. One copy of the
requisition shall be filed with the compact administrator of the demanding
state, there to remain on file
subject to the provisions of law governing records of such court.
Upon the receipt of a
requisition demanding the return of a juvenile who has run away, the court
or the executive authority to
whom the requisition is addressed shall issue an order to any peace
officer or other appropriate
person directing him to take into custody and detain the juvenile. The
detention order must
substantially recite the facts necessary to the validity of its issuance under
this article. No juvenile
detained upon the order shall be delivered over to the officer whom the
court demanding him or her shall
have appointed to receive him or her, unless he or she shall first
be taken immediately before a
judge of a court in the state, who shall inform him or her of the
demand made for his or her
return, and who may appoint counsel or guardian ad litem for him or
her. If the judge of the court
shall find that the requisition is in order, he or she shall deliver the
juvenile over to the officer whom
the court demanding him or her shall have appointed to receive
him or her. The judge, however,
may fix a reasonable time to be allowed for the purpose of
testing the legality of the
proceeding. Upon reasonable information that a person is a juvenile who
has run away from another state
party to this compact without the consent of a parent, guardian,
person or agency entitled to his
or her legal custody, the juvenile may be taken into custody
without a requisition and
brought immediately before a judge of the appropriate court who may
appoint counsel or guardian ad
litem for the juvenile and who shall determine after a hearing
whether sufficient cause exists
to hold the person, subject to the order of the court, for his or her
own protection and welfare, for
a time not exceeding ninety (90) days that will enable his or her
return to another state party to
this compact pursuant to a requisition for his return from a court of
that state. If, at the time when
a state seeks the return of a juvenile who has run away, there is
pending in the state in which he
or she is found any criminal charge, or any proceeding to have
him or her adjudicated a
delinquent juvenile for an act committed in that state, or if he or she is
suspected of having committed within
that state a criminal offense or an act of juvenile
delinquency, he or she shall not
be returned without the consent of that state until discharged
from prosecution or other form
of proceeding, imprisonment, detention or supervision for the
offense or juvenile delinquency.
The duly accredited officers of any state party to this compact,
upon the establishment of their
authority and the identity of the juvenile being returned, shall be
permitted to transport the
juvenile through any and all states party to this compact without
interference. Upon his or her
return to the state from which he or she ran away, the juvenile shall
be subject to any further
proceedings that may be appropriate under the laws of that state. (b) That
the state to which a juvenile is
returned under this article shall be responsible for payment of the
transportation costs of that
return. (c) That "juvenile" as used in this article means any person
who is a minor under the law of
the state of residence of the parent, guardian, person or agency
entitled to the legal custody of
the minor.
ARTICLE
V –
Return
of Escapees and Absconders
(a)
That the appropriate person or authority from whose probation or parole
supervision a
delinquent juvenile has
absconded or from whose institutional custody he or she has escaped shall
present to the appropriate court
or to the executive authority of the state where the delinquent
juvenile is alleged to be located
a written requisition for the return of the delinquent juvenile. The
requisition shall state the name
and age of the delinquent juvenile, the particulars of his or her
adjudication as a delinquent juvenile,
the circumstances of the breach of the terms of his or her
probation or parole or of his or
her escape from an institution or agency vested with his or her
legal custody or supervision,
and the location of the delinquent juvenile, if known, at the time the
requisition is made. The
requisition shall be verified by affidavit, shall be executed in duplicate,
and shall be accompanied by two
(2) certified copies of the judgment, formal adjudication, or
order of commitment which
subjects the delinquent juvenile to probation or parole or to the legal
custody of the institution or
agency concerned. Any further affidavits and other documents that
may be deemed proper may be
submitted with the requisition. One copy of the requisition shall
be filed with the compact
administrator of the demanding state, there to remain on file subject to
the provisions of law governing
records of the appropriate court. Upon the receipt of a requisition
demanding the return of a
delinquent juvenile who has absconded or escaped, the court or the
executive authority to whom the
requisition is addressed shall issue an order to any peace officer
or other appropriate person
directing him or her to take into custody and detain the delinquent
juvenile. The detention order must
substantially recite the facts necessary to the validity of its
issuance under this article. No
delinquent juvenile detained upon the order shall be delivered over
to the officer whom the
appropriate person or authority demanding him or her shall have
appointed to receive him or her,
unless he or she shall first be taken immediately before a judge
of an appropriate court in the
state, who shall inform him or her of the demand made for his or
her return and who may appoint
counsel or guardian ad litem for him or her. If the judge of the
court shall find that the
requisition is in order, he or she shall deliver the delinquent juvenile over
to the officer whom the
appropriate person or authority demanding him or her shall have
appointed to receive him or her.
The judge, however, may fix a reasonable time to be allowed for
the purpose of testing the
legality of the proceeding. Upon reasonable information that a person is
a delinquent juvenile who has
absconded while on probation or parole, or escaped from an
institution or agency vested
with his or her legal custody or supervision in any state party to this
compact, the person may be taken
into custody in any other state party to this compact without a
requisition. But in that event, he
or she must be taken immediately before a judge of the
appropriate court, who may
appoint counsel or guardian ad litem for the person and who shall
determine, after a hearing,
whether sufficient cause exists to hold the person subject to the order
of the court for a time, not
exceeding ninety (90) days, as will enable his or her detention under a
detention order issued on a
requisition pursuant to this article. If, at the time when a state seeks
the return of a delinquent
juvenile who has either absconded while on probation or parole or
escaped from an institution or
agency vested with his legal custody or supervision, there is
pending in the state in which he
or she is detained any criminal charge or any proceeding to have
him or her adjudicated a
delinquent juvenile for an act committed in the state, or if he or she is
suspected of having committed
within the state a criminal offense or an act of juvenile
delinquency, he or she shall not
be returned without the consent of the state until discharged from
prosecution or other form of
proceeding, imprisonment, detention or supervision for the offense
or juvenile delinquency. The
duly accredited officers of any state party to this compact, upon the
establishment of their authority
and the identity of the delinquent juvenile being returned, shall be
permitted to transport the
delinquent juvenile through any and all states party to this compact,
without interference. Upon his
or her return to the state from which he or she escaped or
absconded, the delinquent
juvenile shall be subject to any further proceedings that may be
appropriate under the laws of
that state. (b) That the state to which a delinquent juvenile is
returned under this article
shall be responsible for payment of the transportation costs of the
return.
ARTICLE
VI –
Voluntary
Return Procedure
That
any delinquent juvenile who has absconded while on probation or parole, or
escaped
from an institution or agency vested
with his or her legal custody or supervision in any state party
to this compact, and any
juvenile who has run away from any state party to this compact, who is
taken into custody without a
requisition in another state party to this compact under the
provisions of article IV (a) or
of article V (a), may consent to his or her immediate return to the
state from which he or she
absconded, escaped or ran away. Consent shall be given by the
juvenile or delinquent juvenile
and his or her counsel or guardian ad litem if any, by executing or
subscribing a writing, in the
presence of a judge of the appropriate court, which states that the
juvenile or delinquent juvenile
and his or her counsel or guardian ad litem, if any, consent to his
or her return to the demanding
state. Before the consent shall be executed or subscribed, however,
the judge, in the presence of
counsel or guardian ad litem, if any, shall inform the juvenile or
delinquent juvenile of his or
her rights under this compact. When the consent has been duly
executed, it shall be forwarded
to and filed with the compact administrator of the state in which
the court is located and the
judge shall direct the officer having the juvenile or delinquent juvenile
in custody to deliver him or her
to the duly accredited officer or officers of the state demanding
his or her return, and shall
cause to be delivered to that officer or officers a copy of the consent.
The court may, however, upon the
request of the state to which the juvenile or delinquent juvenile
is being returned, order him or
her to return unaccompanied to the state and shall provide him or
her with a copy of the court
order; in that event a copy of the consent shall be forwarded to the
compact administrator of the state
to which the juvenile or delinquent juvenile is ordered to
return.
ARTICLE
VII –
Cooperative
Supervision of Probationers and Parolees
(a)
That the duly constituted judicial and administrative authorities of a state
party to this
compact (called "sending
state") may permit any delinquent juvenile within the state, placed on
probation or parole, to reside
in any other state party to this compact (called "receiving state")
while on probation or parole,
and the receiving state shall accept the delinquent juvenile, if the
parent, guardian or person
entitled to the legal custody of the delinquent juvenile is residing or
undertakes to reside within the
receiving state. Before granting permission, opportunity shall be
given to the receiving state to
make any investigations that it deems necessary. The authorities of
the sending state shall send to
the authorities of the receiving state copies of pertinent court
orders, social case studies and
all other available information which may be of value to and assist
the receiving state in
supervising a probationer or parolee under this compact. A receiving state,
in its discretion, may agree to
accept supervision of a probationer or parolee in cases where the
parent, guardian or person entitled
to the legal custody of the delinquent juvenile is not a resident
of the receiving state, and if
so accepted the sending state may transfer supervision accordingly.
(b) That each receiving state will
assume the duties of visitation and of supervision over any
delinquent juvenile and in the
exercise of those duties will be governed by the same standards of
visitation and supervision that
prevail for its own delinquent juveniles released on probation or
parole. (c) That, after
consultation between the appropriate authorities of the sending state and of
the receiving state as to the
desirability and necessity of returning a delinquent juvenile, the duly
accredited officers of a sending
state may enter a receiving state and there apprehend and retake
any delinquent juvenile on
probation or parole. For that purpose, no formalities will be required,
other than establishing the
authority of the officer and the identity of the delinquent juvenile to be
retaken and returned. The
decision of the sending state to retake a delinquent juvenile on
probation or parole shall be
conclusive upon and not reviewable within the receiving state, but if,
at the time the sending state
seeks to retake a delinquent juvenile on probation or parole, there is
pending against him or her
within the receiving state any criminal charge or any proceeding to
have him or her adjudicated a
delinquent juvenile for any act committed in the state, or if he or
she is suspected of having
committed within the state a criminal offense or an act of juvenile
delinquency, he or she shall not
be returned without the consent of the receiving state until
discharged from prosecution or
other form of proceeding, imprisonment, detention or supervision
for such offense or juvenile
delinquency. The duly accredited officers of the sending state shall be
permitted to transport
delinquent juveniles being so returned through any and all states party to
this compact, without interference.
(d) That the sending state shall be responsible under this
article for paying the costs of
transporting any delinquent juvenile to the receiving state or of
returning any delinquent
juvenile to the sending state.
ARTICLE
VIII –
Responsibility
for Costs.
(a)
That the provisions of articles IV (b), V (b), and VII (d) of this compact
shall not be
construed to alter or affect any
internal relationship among the departments, agencies and officers
of and in the government of a
party state, or between a party state and its subdivisions, as to the
payment of costs, or
responsibilities for them. (b) That nothing in this compact shall be construed
to prevent any party state or
subdivision from asserting any right against any person, agency or
other entity in regard to costs
for which the party state or subdivision may be responsible pursuant
to articles IV (b), V (b), or
VII (d) of this compact.
ARTICLE
IX –
Detention
Practices
That,
to every extent possible, it shall be the policy of states party to this
compact that no
juvenile or delinquent juvenile
shall be placed or detained in any prison, jail or lockup nor be
detained or transported in
association with criminal, vicious or dissolute persons.
ARTICLE
X –
Supplementary
Agreements
That
the duly constituted administrative authorities of a state party to this
compact may
enter into supplementary
agreements with any other state or states party to this compact for the
cooperative care, treatment and
rehabilitation of delinquent juveniles whenever they shall find
that the agreements will improve
the facilities or programs available for the care, treatment and
rehabilitation. The care,
treatment and rehabilitation may be provided in an institution located
within any state entering into
the supplementary agreement. Any supplementary agreements shall
(1) provide the rates to be paid
for the care, treatment and custody of delinquent juveniles, taking
into consideration the character
of facilities, services and subsistence furnished; (2) provide that
the delinquent juvenile shall be
given a court hearing prior to his being sent to another state for
care, treatment and custody; (3)
provide that the state receiving such a delinquent juvenile in one
of its institutions shall act
solely as agent for the state sending the delinquent juvenile; (4) provide
that the sending state shall at
all times retain jurisdiction over delinquent juveniles sent to an
institution in another state;
(5) provide for reasonable inspection of the institutions by the sending
state; (6) provide that the
consent of the parent, guardian, person or agency entitled to the legal
custody of the delinquent
juvenile shall be secured prior to his being sent to another state; and (7)
make provision for such other
matters and details as shall be necessary to protect the rights and
equities of such delinquent
juveniles and of the co-operating states.
ARTICLE
XI –
Acceptance
of Federal and Other Aid
That
any state party to this compact may accept any and all donations, gifts and
grants of
money, equipment and services
from the federal or any local government, or any agency of the
federal or any local government and
from any person, firm or corporation, for any of the purposes
and functions of this compact,
and may receive and utilize the same subject to the terms,
conditions and regulations
governing donations, gifts and grants.
ARTICLE
XII –
Compact
Administrators
That
the governor of each state party to this compact shall designate an officer
who,
acting jointly with like
officers of other party states, shall promulgate rules and regulations to
carry out more effectively the
terms and provisions of this compact.
ARTICLE
XIII –
Execution
of Compact
That
this compact shall become operative immediately upon its execution by any state
as
between it and any other state
or states so executing. When executed it shall have the full force
and effect of law within the
state, the form of execution to be in accordance with the laws of the
executing state.
ARTICLE
XIV –
Renunciation
That
this compact shall continue in force and remain binding upon each executing
state
until renounced by it.
Renunciation of this compact shall be by the same authority which executed
it, by sending six (6) months'
notice in writing of its intention to withdraw from the compact to
the other states party to it.
The duties and obligations of a renouncing state under article VII of
this compact shall continue as
to parolees and probationers residing in that state at the time of
withdrawal until retaken or
finally discharged. Supplementary agreements entered into under
article X of this compact shall
be subject to renunciation as provided by any supplementary
agreements, and shall not be
subject to the six (6) months' renunciation notice of the present
article.
ARTICLE
XV –
Severability
That
the provisions of this compact shall be severable and if any phrase, clause,
sentence
or provision of this compact is
declared to be contrary to the constitution of any participating state
or of the United States or its
applicability to any government, agency, person or circumstance is
held invalid, the validity of
the remainder of this compact and its applicability to any government,
agency, person or circumstance
shall not be affected by it. If this compact shall be held contrary
to the constitution of any state
participating in it, the compact shall remain in full force and effect
as to the remaining states and
in full force and effect as to the state affected as to all severable
matters.
14-6-2.
Amendment to compact. -- The governor is authorized and directed
to execute
with any other state legally
joining, an amendment to the compact in substantially the following
form:
(1) This amendment shall provide additional remedies, and shall be binding only
as
among and between those party
states which specifically execute the same.
(2) All provisions and procedures of articles V and VI of the interstate
compact on
juveniles shall be construed to
apply to any juvenile charged with being a delinquent by reason of
a violation of any criminal law.
Any juvenile, charged with being a delinquent by reason of
violating any criminal law,
shall be returned to the requesting state upon a requisition to the state
where the juvenile may be found.
A petition in the case shall be filed in a court of competent
jurisdiction in the requesting
state where the violation of criminal law is alleged to have been
committed. The petition may be
filed regardless of whether the juvenile has left the state before
or after the filing of the petition.
The requisition described in article V of the compact shall be
forwarded by the judge of the
court in which the petition has been filed.
14-6-3.
Ratification procedure -- Effective date. -- When the governor
shall have
executed the compact on behalf
of this state and shall have caused a verified copy to be filed with
the secretary of state; and when
the compact shall have been ratified by one or more of the states,
territories, or possessions of
the United States, the District of Columbia, and/or the
commonwealth of Puerto Rico,
then the compact shall become operative and effective as between
this state and those other state
or states, territories or possessions of the United States, the District
of Columbia, and/or the
commonwealth of Puerto Rico. The governor is authorized and directed
to take any action that may be
necessary to complete the exchange of official documents as
between this state and any other
state, territory, or possession of the United States, the District of
Columbia, or the commonwealth of
Puerto Rico, ratifying the compact.
14-6-4.
Compact administrator. -- Pursuant to the compact, the governor
is authorized
and empowered to designate an
officer who shall be the compact administrator and who, acting
jointly with like officers of
other party states, shall promulgate rules and regulations to more
effectively carry out the terms
of the compact. The compact administrator shall serve subject to
the pleasure of the governor.
The compact administrator is authorized, empowered, and directed
to co-operate with all
departments, agencies, and officers of and in the government of this state
and its subdivisions in
facilitating the proper administration of the compact or of any
supplementary agreement or
agreements entered into by this state under it.
14-6-5.
Supplementary agreements. -- The compact administrator is
authorized and
empowered to enter into
supplementary agreements with appropriate officials of other states
pursuant to the compact. In the
event that a supplementary agreement shall require or contemplate
the use of any institution or
facility of this state or require or contemplate the provision of any
service by this state, the
supplementary agreement shall have no force or effect until approved by
the head of the department or
agency under whose jurisdiction the institution or facility is
operated or whose department or
agency will be charged with the rendering of the service.
14-6-6.
Financial arrangements. -- The compact administrator, subject to
the approval
of the director of
administration, may make or arrange for any payments necessary to discharge
any financial obligations
imposed upon this state by the compact or by any supplementary
agreement entered into under it.
14-6-7.
Federal and other aid. -- Any and all donations, gifts, and
grants of money,
equipment, and services from the
federal or any local government, or any agency of it, and from
any person, firm, or
corporation, for any of the purposes and functions of the compact, may be
accepted by and administered by
the compact administrator, subject to the approval of the
director of administration, who
may receive and utilize the aid, subject to the terms, conditions,
and regulations governing
donations, gifts and grants.
14-6-8.
Fees. -- Any judge of this state who appoints counsel or
guardian ad litem
pursuant to the provisions of
the compact may, in his or her discretion, fix a fee to be paid out of
funds available for disposition
by the court, but no fee shall exceed the sum of fifty dollars
($50.00).
14-6-9.
Responsibilities of state departments, agencies, and officers. --
The courts,
departments, agencies, and
officers of this state and its subdivisions shall enforce the compact and
shall do all things appropriate
to the effectuation of its purposes and intent which may be within
their respective jurisdictions.
14-6-10.
"Delinquent juvenile" defined. -- "Delinquent
juvenile," as used in section 14-
6-1, includes a wayward child as
defined in chapter 1 of this title.
14-6-11.
Appropriations. -- The general assembly shall annually
appropriate, out of any
money in the treasury not
otherwise appropriated, any sum that it may deem necessary to carry
out the purposes of this chapter;
and the state controller is authorized and directed to draw his or
her orders upon the general
treasurer for the payment of that sum, or so much of it as may be
required from time to time, upon
the receipt by him or her of properly authenticated vouchers.
SECTION
2. Title 14 of the General Laws entitled "Delinquent and Dependent
Children" is hereby amended
by adding thereto the following chapter:
CHAPTER
6.1
THE INTERSTATE COMPACT FOR
JUVENILES
14-6.1-1.
Execution of compact. – The governor on behalf of the state of Rhode
Island
and Providence Plantations is
authorized to execute a compact, in substantially the following
form, with state, territory or
possession of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico, and
the general assembly signifies in advance its approval and
ratification of compact.
The
Interstate Compact for Juveniles – The contracting states solemnly agree:
ARTICLE
I
PURPOSE
The
compacting states to this interstate compact recognize that each state is
responsible
for the proper supervision or
return of juveniles, delinquents and status offenders who are on
probation or parole and who have
absconded, escaped or run away from supervision and control
and in so doing have endangered
their own safety and the safety of others. The compacting states
also recognize that each state
is responsible for the safe return of juveniles who have run away
from home and in doing so have left
their state of residence. 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.
It
is the purpose of this compact, through means of joint and cooperative action
among
the compacting states to: (1)
ensure that the adjudicated juveniles and status offenders subject to
this compact are provided
adequate supervision and services in the receiving state as ordered by
the adjudicating judge or parole
authority in the sending state; (2) ensure that the public safety
interests of the citizens,
including the victims of juvenile offenders, in both the sending and
receiving states are adequately
protected; (3) return juveniles who have run away, absconded or
escaped from supervision or
control or have been accused of an offense to the state requesting
their return; (4) make contracts
for the cooperative institutionalization in public facilities in
member states for delinquent
youth needing special services; (5) provide for the effective tracking
and supervision of juveniles;
(6) equitably allocate the costs, benefits and obligations of the
compacting states; (7) establish
procedures to manage the movement between states of juvenile
offenders released to the
community under the jurisdiction of courts, juvenile departments, or any
other criminal or juvenile justice
agency which has jurisdiction over juvenile offenders; (8) insure
immediate notice to
jurisdictions where defined offenders are authorized to travel or to relocate
across state lines; (9)
establish procedures to resolve pending charges (detainers) against juvenile
offenders prior to transfer or
release to the community under the terms of this compact; (10)
establish a system of uniform
data collection on information pertaining to juveniles subject to this
compact that allows access by
authorized juvenile justice and criminal justice officials, and
regular reporting of compact
activities to heads of state executive, judicial, and legislative
branches and juvenile and
criminal justice administrators; (11) monitor compliance with rules
governing interstate movement of
juveniles and initiate interventions to address and correct
noncompliance; (12) coordinate
training and education regarding the regulation of interstate
movement of juveniles for
officials involved in such activity; and (13) coordinate the
implementation and operation of
the compact with the interstate compact for the placement of
children, the interstate compact
for adult offender supervision and other compacts affecting
juveniles particularly in those cases
where concurrent or overlapping supervision issues arise. 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 therefore are public business. Furthermore,
the compacting states shall
cooperate and observe their individual and collective duties and
responsibilities for the prompt
return and acceptance of juveniles subject to the provisions of this
compact. The provisions of this
compact shall be reasonably and liberally construed to
accomplish the purposes and
policies of the compact.
ARTICLE
II
DEFINITIONS
As
used in this compact, unless the context clearly requires a different
construction:
(1)
“Bylaws” mans: those bylaws established by the interstate commission for its
governance, or for directing or
controlling its actions or conduct.
(2)
“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 juveniles subject to the terms of this compact, the rules adopted
by the interstate commission and
policies adopted by the state council under this compact.
(3)
“Compacting state” means: any state which has enacted the enabling legislation
for
this compact.
(4)
“Commissioner” means: the voting representative of each compacting state
appointed
pursuant to Article III of this
compact.
(5)
“Court” means: any court having jurisdiction over delinquent, neglected, or
dependent
children.
(6)
“Deputy compact administrator” means: the individual, if any, in each
compacting
state appointed to act on behalf
of a compact administrator pursuant to the terms of this compact
responsible for the
administration and management of the state’s supervision and transfer of
juveniles subject to the terms
of this compact, the rules adopted by the interstate commission and
policies adopted by the state
council under this compact.
(7)
“Interstate commission” means: the interstate commission for juveniles created
by
Article III of this compact.
(8)
“Juvenile” means: any person defined as a juvenile in any member state or by
the
rules of the interstate commission,
including:
(a)
Accused delinquent – a person charged with an offense that, if committed by an
adult,
would be a criminal offense;
(b)
Adjudicated delinquent – a person found to have committed an offense that, if
committed by an adult, would be
a criminal offense;
(c)
Accused status offender – a person charged with an offense that would not be a
criminal offense if committed by
an adult;
(d)
Adjudicated status offender – a person found to have committed an offense that would
not be a criminal offense if
committed by an adult; and
(e)
Nonoffender – a person in need of supervision who has not been accused or
adjudicated a status offender or
delinquent.
(9)
“Noncompacting state” means: any state which has not enacted the enabling
legislation for this compact.
(10)
“Probation or parole” means: any kind of supervision or conditional release of
juveniles authorized under the
laws of the compacting states.
(11)
“Rule” means: a written statement by the interstate commission promulgated
pursuant to Article VI of this
compact that is of general applicability, implements, interprets or
prescribes a policy or provision
of the compact, or an organizational, procedural, or practice
requirement of the commission,
and has the force and effect of statutory law in a compacting
state, and includes the
amendment, repeal, or suspension of an existing rule.
(12)
“State” means: a state of the United States, the District of Columbia (or its
designee), the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,
and the Northern Marianas
Islands.
ARTICLE
III
INTERSTATE
COMMISSION FOR JUVENILES
(a)
The compacting states hereby create the “Interstate commission for Juveniles.”
The
commission shall be a body
corporate and joint agency of the compacting states. The commission
shall have all the
responsibilities, powers and duties set forth herein, 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 appointed by the
appropriate appointing authority
in each state pursuant to the rules and requirements of each
compacting state and in
consultation with the state council for interstate juvenile supervision
created hereunder. The
commissioner shall be the compact administrator, deputy compact
administrator or designee from
that state who shall serve on the interstate commission in such
capacity under or pursuant to
the applicable law of the compacting state.
(c)
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, interstate
compact for adult offender
supervision, interstate compact for the placement of children, juvenile
justice and juvenile corrections
officials, and crime victims. All noncommissioner members of the
interstate commission shall be
ex-officio (nonvoting) members. The interstate commission may
provide in its bylaws for such
additional ex-officio (nonvoting) members, including members of
other national organizations, in
such numbers as shall be determined by the commission.
(d)
Each compacting state represented at any meeting of the 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 bylaws of the interstate commission.
(e)
The commission shall meet at least once each calendar year. The chairperson may
call
additional meetings and, upon
the request of a simple majority of the compacting states, shall call
additional meetings. Public
notice shall be given of all meetings and meetings shall be open to the
public.
(f)
The interstate commission shall establish an executive committee, which shall
include
commission officers, members,
and others as determined by the bylaws. 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 shall oversee the day-to-day activities of the
administration of the compact
managed by an executive director and interstate commission staff;
administers enforcement and
compliance with the provisions of the compact, its bylaws and rules,
and performs such other duties as
directed by the interstate commission or set forth in the bylaws.
(g)
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 and shall not delegate a vote to another
compacting state. However, a
commissioner, in consultation with the state council, shall appoint
another authorized
representative, in the absence of the commissioner from that state, to cast a
vote on behalf of the compacting
state at a specified meeting. The bylaws may provide for
members’ participation in
meetings by telephone or other means of telecommunication or
electronic communication.
(h)
The interstate commission’s bylaws 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.
(i)
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 and any of its
committees may close a meeting to the public where it determines by
two-thirds(2/3) vote that an
open meeting would be likely to:
(1)
Relate solely to the interstate commission’s internal personnel practice 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 investigative 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 person or entity for
the purpose of regulation or supervision of such person or entity;
(8)
Disclose information, the premature disclosure of which would significantly
endanger
the stability of a regulated
person or entity; or
(9)
Specifically relate to the interstate commission’s issuance of a subpoena, or
its
participation in a civil action
or other legal proceeding.
(j)
For every meeting closed pursuant to this provision, the interstate
commission’s legal
counsel shall publicly certify
that, in the legal counsel’s opinion, the meeting may be closed to the
public, and shall reference each
relevant exemptive provision. 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 therefore, 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.
(k)
The interstate commission shall collect standardized data concerning the
interstate
movement of juveniles as directed
through its rules which shall specify the data to be collected,
the means of collection and data
exchange and reporting requirements. Such methods of data
collection, exchange and
reporting shall insofar as is reasonably possible conform to up-to-date
technology and coordinate its
information functions with the appropriate repository of records.
ARTICLE
IV
POWERS
AND DUTIES OF THE INTERSTATE COMMISSION
The
commission shall have the following powers and duties:
(1)
To provide for dispute resolution among compacting states.
(2)
To promulgate rules to effect the purposes and obligations as enumerated in
this
compact, 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 juveniles
subject to
the terms of this compact and
any bylaws adopted and rules promulgated by the interstate
commission.
(4)
To enforce compliance with the compact provisions, the rules promulgated by the
interstate commission, and the
bylaws, using all necessary and proper means, including, but not
limited to, the use of judicial
process.
(5)
To establish and maintain offices which shall be located within one (1) or more
of the
compacting states.
(6)
To purchase and maintain insurance and bonds.
(7)
To borrow, accept, hire or contract for services of personnel.
(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, inter alia, conflicts of
interest, rates of compensation,
and qualifications of personnel.
(10)
To accept any and all donations and grants of money, equipment, supplies,
materials,
and services, and to receive,
utilize, and dispose of it.
(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
VIII of this compact.
(14)
To sue and be sued.
(15)
To adopt a seal and bylaws governing the management and operation of the
interstate commission.
(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 juveniles for
officials involved in such activity.
(19)
To establish uniform standards of the reporting, collecting and exchanging of
data.
(20)
The interstate commission shall maintain its corporate books and records in
accordance with the bylaws.
ARTICLE
V
ORGANIZATION
AND OPERATION OF THE INTERSTATE COMMISSION
(a)
Bylaws – The interstate commission shall, by a majority of the members present
and
voting, within twelve (12)
months after the first interstate commission meeting, adopt bylaws 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;
(3)
Provide for the establishment of committees governing any general or specific
delegation of any authority or
function of the interstate commission;
(4)
Providing reasonable procedures for calling and conducting meetings of the
interstate
commission, and ensuring
reasonable notice of each such meeting;
(5)
Establishing the titles and responsibilities of the officers of the interstate
commission;
(6)
Providing a mechanism for concluding the operations of the interstate
commission
and the 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 “start-up” rules for initial administration of the compact; and
(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 annually
from
among its members a chairperson
and a vice chairperson, each of whom shall have such authority
and duties as may be specified in
the bylaws. The chairperson or, in the chairperson’s 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 ordinary 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,
but shall not be a member and shall hire and supervise such other
staff as may be authorized by
the interstate commission.
(c)
Qualified immunity – Defense and indemnification:
(1)
The commission’s executive director and employees 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
or relating to any actual
or alleged act, error, or
omission that occurred, or that such person had a reasonable basis for
believing occurred without
he scope of commission employment, duties, or responsibilities;
provided, that any such
person shall not be protected from suit or liability for any damage, loss,
injury, or liability caused
by the intentional or willful and wanton misconduct of any such person.
(2)
The liability of any commissioner, or the employee or agent of a commissioner,
acting
within the scope of such
person’s employment or duties for acts, errors, or omissions occurring
within such person’s state
may not exceed the limits of liability set forth under the constitution
and laws of that state for state
officials, employees, and agents. Nothing in this subsection shall
be construed to protect any
such person from suit or liability for any damage, loss, injury, or
liability caused by the
intentional or willful and wanton misconduct of any such person.
(3)
The interstate commission shall defend the executive director or the employees
or
representatives of the
interstate commission and, subject to the approval of the attorney general of
the state represented by any
commissioner of a compacting state, shall defend such commissioner
or the commissioner’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 or willful
and wanton misconduct on the part of such person.
(4)
The interstate commission shall indemnify and hold the commissioner of a
compacting state, or the
commissioner’s representatives or employees, or the interstate
commission’s representatives
or employees, harmless in the amount of any settlement or
judgment 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 intentional or willful and wanton misconduct on the part of such
persons.
ARTICLE
VI
RULEMAKING
FUNCTIONS OF THE INTERSTATE COMMISSION
(a)
The interstate commission shall promulgate and publish rules in order to
effectively
and efficiently achieve the
purposes of the compact.
(b)
Rulemaking shall occur pursuant to the criteria set forth in this article and
the bylaws
and rules adopted pursuant
thereto. Such rulemaking shall substantially conform to the principles
of the “Model State
Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol.
15, p. 1 (2000), or such
other administrative procedures act, as the interstate commission deems
appropriate consistent with
due process requirements under the U.S. Constitution as now or
hereafter interpreted by the
U.S. Supreme Court. All rules and amendments shall become binding
as of the date specified, as
published with the final version of the rule as approved by the
Commission.
(c)
When promulgating a rule, the interstate commission shall, at a minimum:
(1)
publish the proposed rule’s entire text stating the reason(s) for that proposed
rule;
(2)
allow and invite any and all persons to submit written data, facts, opinions
and
arguments, which information
shall be added to the record, and be made publicly available;
(3)
provide an opportunity for an informal hearing if petitioned by ten (10) or
more
persons; and
(4)
promulgate a final rule and it’s effective date, if appropriate, based on input
from state
or local officials, or
interested parties.
(d)
Allow, not later than sixty (60) days after a rule is promulgated, any
interested person
to 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 in the rulemaking
record, the court shall hold the rule unlawful and set it aside. For
purposes of this subsection,
evidence is substantial if it would be considered substantial evidence
under the Model State
Administrative Procedures Act.
(e)
If a majority of the legislatures of the compacting states rejects a rule,
those states
may, by enactment of a
statute or resolution in the same manner used to adopt the compact, cause
that such rule shall have no
further force and effect in any compacting state.
(f)
The existing rules governing the operation of the interstate compact on
juveniles
superceded by this act shall
be null and void twelve (12) months after the first meeting of the
interstate commission
created hereunder.
(g)
Upon determination by the interstate commission that a state-of-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, but no later than ninety (90) days after the effective
date of the emergency rule.
ARTICLE
VII
OVERSIGHT,
ENFORCEMENT AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
(a)
Oversight:
(1)
The interstate commission shall oversee the administration and operations of
the
interstate movement of
juveniles subject to this compact 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. The provisions of
this compact and the rules promulgated hereunder shall be received by
all the judges, public
officers, commissions, and departments of the state government as evidence
of the authorized statute
and administrative rules. All courts shall take judicial notice of the
compact and the rules. 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, it 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 all issues
and
activities necessary for the
administration of the compact as well as issues and activities
pertaining to compliance
with the provisions of the compact and its bylaws and rules.
(2)
The interstate commission shall attempt, upon the request of a compacting
state, to
resolve any disputes or
other issues which are subject to the compact and which may arise among
compacting states and
between compacting and noncompacting states. The commission shall
promulgate a rule providing
for both mediation and binding dispute resolution for disputes among
the compacting states.
(3)
The interstate commission, in the reasonable exercise of its discretion, shall
enforce
the provisions and rules of
this compact using any or all means set forth in Article XI of this
compact.
ARTICLE
VIII
FINANCE
(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 each compacting state and the volume of interstate movement
of juveniles 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 bylaws. 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.
ARTICLE
IX
THE
STATE COUNCIL
Each
member state shall create a state council for Interstate Juvenile Supervision.
While
each
state may determine the membership of its own state council, its membership
must include
at
least one (1) representative from the legislative, judicial, and executive
branches of
government,
victims groups, and the compact administrator, deputy compact administrator or
designee.
Each compacting state retains the right to determine the qualifications of the
compact
administrator
or deputy compact administrator. Each state council will advise and may
exercise
oversight
and advocacy concerning that state’s participation in Interstate commission
activities
and
other duties as may be determined by that state, including, but not limited to,
development of
policy
concerning operations and procedures of the compact within that state.
ARTICLE
X
COMPACTING
STATES, EFFECTIVE DATE AND AMENDMENT
(a)
Any state, the District of Columbia (or its designee), the Commonwealth of Puerto
Rico,
the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana’s
Islands as
defined
in Article II of this compact 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 thirty-five (35) of the states. The initial effective date shall be
the latter of July 1, 2004
or upon enactment into law by the thirty-fifth (35th) 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 shall
be invited to participate in
the activities of the Interstate commission on a nonvoting basis prior to
adoption of the compact by
all states and territories of the United States.
(c)
The Interstate commission may propose amendments to the compact 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.
ARTICLE
XI
WITHDRAWAL,
DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
(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 by
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 sixty (60) days of its receipt thereof.
(4)
The withdrawing state is responsible for all assessments, obligations and
liabilities
incurred through the
effective date of withdrawal, including any obligations, the performance of
which extend beyond the
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)
Technical Assistance, Fines, Suspension, Termination and Default:
(1)
If the Interstate commission determines that any compacting state has at any
time
defaulted in the performance
of any of its obligations or responsibilities under this compact, or
the bylaws or duly
promulgated rules, the Interstate commission may impose any or all of the
following penalties:
(a)
Remedial training and technical assistance as directed by the Interstate
commission;
(b)
Alternative Dispute Resolution;
(c)
Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed
by the
Interstate commission; and
(d)
Suspension or termination of membership in the compact, which shall be imposed
only after all other
reasonable means of securing compliance under the bylaws and rules have
been exhausted and the
Interstate commission has therefore determined that the offending state is
in default. Immediate notice
of suspension shall be given by the Interstate commission to the
Governor, the Chief Justice
or the Chief Judicial Officer of the state, the majority and minority
leaders of the defaulting
state’s legislature, and the state council. 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, the bylaws, or duly promulgated rules and any other grounds
designated in commission
bylaws and rules. The Interstate commission shall immediately notify
the defaulting state in
writing of the penalty imposed by the Interstate commission and of the
default pending a cure of
the default. The 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 commission, the defaulting state shall 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 termination.
(2)
Within sixty (60) days of the effective date of termination of a defaulting
state, the
Commission shall notify the
Governor, the Chief Justice or Chief Judicial Officer, 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 in writing between the Interstate commission and the
defaulting state.
(5)
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, its duly promulgated rules and bylaws, 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 (1) 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
concluded and any surplus funds
shall be distributed in accordance with the bylaws.
ARTICLE
XII
SEVERABILITY
AND CONSTRUCTION
The
provisions of this compact shall be severable, and if any phrase, clause,
sentence or
provision
is deemed unenforceable, the remaining provisions of the compact shall be
enforceable.
Provided,
further, that the provisions of this compact shall be liberally construed to
effectuate its
purposes.
ARTICLE
XIII
BINDING
EFFECT OF COMPACT AND OTHER LAWS
(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 other than state constitutions and other interstate
compacts 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 bylaws
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.
14-6.1-2.
Amendment to compact. -- The governor is authorized and directed to
execute
with any other state legally
joining, an amendment to the compact in substantially the following
form:
(1) This amendment shall provide additional remedies, and shall be binding only
as
among and between those party
states which specifically execute the same.
(2) All provisions and procedures of the compact on juveniles shall be
construed to
apply to any juvenile charged
with being a delinquent by reason of a violation of any criminal
law. Any juvenile, charged with
being a delinquent by reason of violating any criminal law, shall
be returned to the requesting
state upon a requisition to the state where the juvenile may be found.
A petition in the case shall be filed
in a court of competent jurisdiction in the requesting state
where the violation of criminal
law is alleged to have been committed. The petition may be filed
regardless of whether the
juvenile has left the state before or after the filing of the petition. The
requisition described in the
compact shall be forwarded by the judge of the court in which the
petition has been filed.
14-6.1-3.
Ratification procedure -- Effective date. -- When the governor shall
have
executed the compact on behalf of
this state and shall have caused a verified copy to be filed with
the secretary of state; and when
the compact shall have been ratified by one or more of the states,
territories, or possessions of
the United States, the District of Columbia, and/or the
Commonwealth of Puerto Rico,
then the compact shall become operative and effective as
between this state and those
other state or states, territories or possessions of the United States,
the District of Columbia, and/or
the Commonwealth of Puerto Rico. The governor is authorized
and directed to take any action
that may be necessary to complete the exchange of official
documents as between this state
and any other state, territory, or possession of the United States,
the District of Columbia, or the
Commonwealth of Puerto Rico, ratifying the compact.
14-6.1-4.
Compact administrator. -- Pursuant to the compact, the governor is
authorized and empowered to
designate an officer who shall be the compact administrator and
who, acting jointly with like
officers of other party states, shall promulgate rules and regulations
to more effectively carry out
the terms of the compact. The compact administrator shall serve
subject to the pleasure of the
governor. The compact administrator is authorized, empowered, and
directed to cooperate with all
departments, agencies, and officers of and in the government of this
state and its subdivisions in
facilitating the proper administration of the compact or of any
supplementary agreement or
agreements entered into by this state under it.
14-6.1-5.
Supplementary agreements. -- The compact administrator is authorized
and
empowered to enter into
supplementary agreements with appropriate officials of other states
pursuant to the compact. In the
event that a supplementary agreement shall require or contemplate
the use of any institution or
facility of this state or require or contemplate the provision of any
service by this state, the
supplementary agreement shall have no force or effect until approved by
the head of the department or
agency under whose jurisdiction the institution or facility is
operated or whose department or
agency will be charged with the rendering of the service.
14-6.1-6.
Financial arrangements. -- The compact administrator, subject to the
approval
of the director of
administration, may make or arrange for any payments necessary to discharge
any financial obligations
imposed upon this state by the compact or by any supplementary
agreement entered into under it.
14-6.1-7.
Federal and other aid. -- Any and all donations, gifts, and grants
of money,
equipment, and services from the
federal or any local government, or any agency of it, and from
any person, firm, or
corporation, for any of the purposes and functions of the compact, may be
accepted by and administered by
the compact administrator, subject to the approval of the
director of administration, who
may receive and utilize the aid, subject to the terms, conditions,
and regulations governing
donations, gifts and grants.
14-6.1-8.
Fees. -- Any judge of this state who appoints counsel or guardian ad
litem
pursuant to the provisions of
the compact may, in his or her discretion, fix a fee to be paid out of
funds available for disposition
by the court, but no fee shall exceed the sum of fifty dollars
($50.00).
14-6.1-9.
Responsibilities of state departments, agencies, and officers. --
The courts,
departments, agencies, and
officers of this state and its subdivisions shall enforce the compact and
shall do all things appropriate
to the effectuation of its purposes and intent which may be within
their respective jurisdictions.
14-6.1-10.
"Delinquent juvenile" defined. -- "Delinquent
juvenile," includes a
wayward child as defined in
chapter 1 of this title.
14-6.1-11.
Appropriations. -- The general assembly shall annually appropriate,
out of
any money in the treasury not
otherwise appropriated, any sum that it may deem necessary to
carry out the purposes of this
chapter; and the state controller is authorized and directed to draw
his or her orders upon the
general treasurer for the payment of that sum, or so much of it as may
be required from time to time,
upon the receipt by him or her of properly authenticated vouchers.
SECTION 3. This act shall take effect upon passage.
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LC00938
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