Chapter 187

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Juveniles" is hereby repealed in its entirety.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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