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S1391................................................by JUDICIARY AND RULES ADULT OFFENDERS - Repeals and adds to existing law to authorize the governor to enter into the Interstate Compact for Adult Offender Supervision on behalf of the state of Idaho. 02/09 Senate intro - 1st rdg - to printing 02/10 Rpt prt - to Jud 02/17 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/24 3rd rdg - PASSED - 29-1-5 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Darrington, Deide, Dunklin, Geddes, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler, Williams NAYS--Frasure Absent and excused--Danielson, Davis, Hawkins, Ipsen, Whitworth Floor Sponsors - Darrington, Ingram Title apvd - to House 02/25 House intro - 1st rdg - to Jud 03/20 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg 03/30 3rd rdg - PASSED - 63-0-7 AYES -- Barraclough, Barrett, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Alltus, Bell, Geddes, Meyer, Stevenson, Taylor, Mr Speaker Floor Sponsor - Pearce Title apvd - to Senate 03/31 To enrol 04/03 Rpt enrol - Pres signed - Sp signed 04/04 To Governor 04/17 Governor signed Session Law Chapter 413 Effective: Upon adoption of this act or 07/01/00, whichever comes later
S1391|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1391 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION; REPEALING 3 SECTIONS 20-301 AND 20-302, IDAHO CODE; AMENDING CHAPTER 3, TITLE 20, 4 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 20-301, IDAHO CODE, AUTHO- 5 RIZING THE GOVERNOR TO EXECUTE THE COMPACT ON BEHALF OF THE STATE OF 6 IDAHO, PROVIDING THE PURPOSE OF THE COMPACT, PROVIDING DEFINITIONS, PRO- 7 VIDING FOR THE INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION, PRO- 8 VIDING FOR THE STATE COUNCIL FOR INTERSTATE ADULT OFFENDER SUPERVISION, 9 PROVIDING THE POWERS AND DUTIES OF THE INTERSTATE COMMISSION, PROVIDING 10 FOR THE ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION AND THE 11 ACTIVITIES OF THE COMMISSION, PROVIDING FOR THE RULEMAKING FUNCTIONS OF 12 THE INTERSTATE COMMISSION, PROVIDING FOR OVERSIGHT, ENFORCEMENT AND DIS- 13 PUTE RESOLUTION BY THE INTERSTATE COMMISSION, PROVIDING FOR FINANCING OF 14 THE INTERSTATE COMMISSION, PROVIDING FOR COMPACTING STATES, THE EFFECTIVE 15 DATE OF THE COMPACT AND AMENDMENT OF THE COMPACT, PROVIDING FOR WITH- 16 DRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT, PROVIDING FOR SEV- 17 ERABILITY AND CONSTRUCTION OF THE COMPACT AND PROVIDING FOR THE BINDING 18 EFFECT OF THE COMPACT AND OTHER LAWS; AMENDING CHAPTER 3, TITLE 20, IDAHO 19 CODE, BY THE ADDITION OF A NEW SECTION 20-302, IDAHO CODE, PROVIDING A 20 SHORT TITLE; AND PROVIDING AN EFFECTIVE DATE. 21 Be It Enacted by the Legislature of the State of Idaho: 22 SECTION 1. That Sections 20-301 and 20-302, Idaho Code, be, and the same 23 are hereby repealed. 24 SECTION 2. That Chapter 3, Title 20, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 26 ignated as Section 20-301, Idaho Code, and to read as follows: 27 20-301. COMPACTS WITH OTHER STATES AUTHORIZED. The governor of this state 28 is hereby authorized and directed to execute a compact on behalf of the state 29 of Idaho with any of the United States legally joining therein in the form 30 substantially as follows: 31 ARTICLE I 32 PURPOSE 33 The compacting states to this interstate compact recognize that each state 34 is responsible for the supervision of adult offenders in the community who are 35 authorized pursuant to the bylaws and rules of this compact to travel across 36 state lines both to and from each compacting state in such a manner as to 37 track the location of offenders, transfer supervision authority in an orderly 38 and efficient manner, and when necessary return offenders to the originating 39 jurisdictions. The compacting states also recognize that congress, by enacting 40 the crime control act, 4 U.S.C. section 112 (1965), has authorized and encour- 41 aged compacts for cooperative efforts and mutual assistance in the prevention 2 1 of crime. It is the purpose of this compact and the interstate commission cre- 2 ated hereunder, through means of joint and cooperative action among the com- 3 pacting states: to provide the framework for the promotion of public safety 4 and protect the rights of victims through the control and regulation of the 5 interstate movement of offenders in the community; to provide for the effec- 6 tive tracking, supervision, and rehabilitation of these offenders by the send- 7 ing and receiving states; and to equitably distribute the costs, benefits and 8 obligations of the compact among the compacting states. In addition, this 9 compact will: create an interstate commission which will establish uniform 10 procedures to manage the movement between states of adults placed under commu- 11 nity supervision and released to the community under the jurisdiction of 12 courts, paroling authorities, corrections or other criminal justice agencies 13 which will promulgate rules to achieve the purpose of this compact; ensure an 14 opportunity for input and timely notice to victims and to jurisdictions where 15 defined offenders are authorized to travel or to relocate across state lines; 16 establish a system of uniform data collection, access to information on active 17 cases by authorized criminal justice officials, and regular reporting of com- 18 pact activities to heads of state councils, state executive, judicial, and 19 legislative branches and criminal justice administrators; monitor compliance 20 with rules governing interstate movement of offenders and initiate 21 interventions to address and correct noncompliance; and coordinate training 22 and education regarding regulations of interstate movement of offenders for 23 officials involved in such activity. The compacting states recognize that 24 there is no "right" of any offender to live in another state and that duly 25 accredited officers of a sending state may at all times enter a receiving 26 state and there apprehend and retake any offender under supervision subject to 27 the provisions of this compact and bylaws and rules promulgated hereunder. It 28 is the policy of the compacting states that the activities conducted by the 29 interstate commission created herein are the formation of public policies and 30 are therefore public business. 31 ARTICLE II 32 DEFINITIONS 33 As used in this compact, unless the context clearly requires a different 34 construction: 35 (1) "Adult" means both individuals legally classified as adults and juve- 36 niles treated as adults by court order, statute or operation of law. 37 (2) "Bylaws" means those bylaws established by the interstate commission 38 for its governance, or for directing or controlling the interstate 39 commission's actions or conduct. 40 (3) "Compact administrator" means the individual in each compacting state 41 appointed pursuant to the terms of this compact who is responsible for the 42 administration and management of the state's supervision and transfer of 43 offenders subject to the terms of this compact, the rules adopted by the 44 interstate commission and policies adopted by the state council under this 45 compact. 46 (4) "Compacting state" means any state which has enacted the enabling 47 legislation for this compact. 48 (5) "Commissioner" means the voting representative of each compacting 49 state appointed pursuant to article III of this compact. 50 (6) "Interstate commission" means the interstate commission for adult 51 offender supervision established by this compact. 52 (7) "Member" means the commissioner of a compacting state or designee, 53 who shall be a person officially connected with the commissioner. 54 (8) "Noncompacting state" means any state which has not enacted the 3 1 enabling legislation for this compact. 2 (9) "Offender" means an adult placed under, or subject to, supervision as 3 the result of the commission of a criminal offense and released to the commu- 4 nity under the jurisdiction of courts, paroling authorities, corrections, or 5 other criminal justice agencies. 6 (10) "Person" means any individual, corporation, business enterprise, or 7 other legal entity, either public or private. 8 (11) "Rules" means acts of the interstate commission, duly promulgated 9 pursuant to article VIII of this compact, substantially affecting interested 10 parties in addition to the interstate commission, which shall have the force 11 and effect of law in the compacting states. 12 (12) "State" means a state of the United States, the District of Columbia 13 and any other territorial possessions of the United States. 14 (13) "State council" means the resident members of the state council for 15 interstate adult offender supervision created by each state under article IV 16 of this compact. 17 ARTICLE III 18 THE COMPACT COMMISSION 19 (1) The compacting states hereby create the "Interstate Commission for 20 Adult Offender Supervision." The interstate commission shall be a body corpo- 21 rate and joint agency of the compacting states. The interstate commission 22 shall have all the responsibilities, powers and duties set forth herein, 23 including the power to sue and be sued, and such additional powers as may be 24 conferred upon it by subsequent action of the respective legislatures of the 25 compacting states in accordance with the terms of this compact. 26 (2) The interstate commission shall consist of commissioners selected and 27 appointed by resident members of a state council for interstate adult offender 28 supervision for each state. 29 (3) In addition to the commissioners who are the voting representatives 30 of the compacting states, the interstate commission shall include individuals 31 who are not commissioners but who are members of interested organizations. 32 Such noncommissioner members must include a member of the national organiza- 33 tions of governors, legislators, state chief justices, attorneys general and 34 crime victims. All noncommissioner members of the interstate commission shall 35 be ex officio (nonvoting) members. The interstate commission may provide in 36 its bylaws for such additional, ex officio, nonvoting members as it deems nec- 37 essary. 38 (4) Each compacting state represented at any meeting of the interstate 39 commission is entitled to one (1) vote. A majority of the compacting states 40 shall constitute a quorum for the transaction of business, unless a larger 41 quorum is required by the bylaws of the interstate commission. 42 (5) The interstate commission shall meet at least once each calendar 43 year. The chairperson may call additional meetings and, upon the request of 44 twenty-seven (27) or more compacting states, shall call additional meetings. 45 Public notice shall be given of all meetings and meetings shall be open to the 46 public. 47 (6) The interstate commission shall establish an executive committee 48 which shall include commission officers, members and others as shall be deter- 49 mined by the bylaws. The executive committee shall have the power to act on 50 behalf of the interstate commission during periods when the interstate commis- 51 sion is not in session, with the exception of rulemaking and/or amendment to 52 the compact. The executive committee oversees the day-to-day activities man- 53 aged by the executive director and interstate commission staff; administers 54 enforcement and compliance with the provisions of the compact, its bylaws and 4 1 as directed by the interstate commission; and performs other duties as 2 directed by the commission or set forth in the bylaws. 3 ARTICLE IV 4 THE STATE COUNCIL 5 (1) Each member state shall create a state council for interstate adult 6 offender supervision which shall be responsible for the appointment of the 7 commissioner who shall serve on the interstate commission from that state. 8 Each state council shall appoint the compact administrator from that state as 9 its commissioner to serve on the interstate commission in such capacity under 10 or pursuant to applicable law of the member state. While each member state may 11 determine the membership of its own state council, its membership must include 12 at least one (1) representative from the legislative, judicial, and executive 13 branches of government, victims groups and (the) compact administrator(s). 14 Each compacting state retains the right to determine the qualifications of the 15 compact administrator who shall be appointed by the state council or by the 16 governor in consultation with the legislature and the judiciary. 17 (2) In addition to appointment of its commissioner to the interstate com- 18 mission, each state council shall exercise oversight and advocacy concerning 19 its participation in interstate commission activities and other duties as may 20 be determined by each member state including, but not limited to, development 21 of policy concerning operations and procedures of the compact within that 22 state. 23 ARTICLE V 24 POWERS AND DUTIES OF THE INTERSTATE COMMISSION 25 The interstate commission shall have the following powers: 26 (1) To adopt a seal and suitable bylaws governing the management and 27 operation of the interstate commission; 28 (2) To promulgate rules which shall have the force and effect of statu- 29 tory law and shall be binding in the compacting states to the extent and in 30 the manner provided in this compact; 31 (3) To oversee, supervise and coordinate the interstate movement of 32 offenders subject to the terms of this compact and any bylaws adopted and 33 rules promulgated by the commission; 34 (4) To enforce compliance with compact provisions, interstate commission 35 rules, and bylaws, using all necessary and proper means including, but not 36 limited to, the use of judicial process; 37 (5) To establish and maintain offices; 38 (6) To purchase and maintain insurance and bonds; 39 (7) To borrow, accept or contract for services of personnel including, 40 but not limited to, members and their staffs; 41 (8) To establish and appoint committees and hire staff which it deems 42 necessary for the carrying out of its functions including, but not limited to, 43 an executive committee as required by article III which shall have the power 44 to act on behalf of the interstate commission in carrying out its powers and 45 duties hereunder; 46 (9) To elect or appoint such officers, attorneys, employees, agents, or 47 consultants, and to fix their compensation, define their duties and determine 48 their qualifications; and to establish the interstate commission's personnel 49 policies and programs relating to, among other things, conflicts of interest, 50 rates of compensation and qualifications of personnel; 51 (10) To accept any and all donations and grants of money, equipment, sup- 52 plies, materials and services, and to receive, utilize and dispose of same; 53 (11) To lease, purchase, accept contributions or donations of, or other- 5 1 wise to own, hold, improve or use any property, real, personal or mixed; 2 (12) To sell, convey, mortgage, pledge, lease, exchange, abandon or other- 3 wise dispose of any property, real, personal or mixed; 4 (13) To establish a budget and make expenditures and levy dues as provided 5 in article X of this compact; 6 (14) To sue and be sued; 7 (15) To provide for dispute resolution among compacting states; 8 (16) To perform such functions as may be necessary or appropriate to 9 achieve the purposes of this compact; 10 (17) To report annually to the legislatures, governors, judiciary and 11 state councils of the compacting states concerning the activities of the 12 interstate commission during the preceding year. Such reports shall also 13 include any recommendations that may have been adopted by the interstate com- 14 mission; 15 (18) To coordinate education, training and public awareness regarding the 16 interstate movement of offenders for officials involved in such activity; 17 (19) To establish uniform standards for the reporting, collecting and 18 exchanging of data. 19 ARTICLE VI 20 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 21 (1) The interstate commission shall, by a majority of the members, within 22 twelve (12) months of the first interstate commission meeting, adopt bylaws to 23 govern its conduct as may be necessary or appropriate to carry out the pur- 24 poses of the compact, including, but not limited to: 25 (a) Establishing the fiscal year of the interstate commission; 26 (b) Establishing an executive committee and such other committees as may 27 be necessary; 28 (c) Providing reasonable standards and procedures: 29 (i) For the establishment of committees; and 30 (ii) Governing any general or specific delegation of any authority 31 or function of the interstate commission; 32 (d) Providing reasonable procedures for calling and conducting meetings 33 of the interstate commission, and ensuring reasonable notice of each such 34 meeting; 35 (e) Establishing the titles and responsibilities of the officers of the 36 interstate commission; 37 (f) Providing reasonable standards and procedures for the establishment 38 of the personnel policies and programs of the interstate commission. Not- 39 withstanding any civil service or other similar laws of any compacting 40 state, the bylaws shall exclusively govern the personnel policies and pro- 41 grams of the interstate commission; 42 (g) Providing a mechanism for winding up the operations of the interstate 43 commission and the equitable return of any surplus funds that may exist 44 upon the termination of the compact after the payment and/or reserving of 45 all of its debts and obligations; 46 (h) Providing transition rules for "start up" administration of the com- 47 pact; 48 (i) Establishing standards and procedures for compliance and technical 49 assistance in carrying out the compact. 50 (2) The interstate commission shall, by a majority of the members, elect 51 from among its members a chairperson and a vice chairperson, each of whom 52 shall have such authorities and duties as may be specified in the bylaws. The 53 chairperson or, in the chairperson's absence or disability, the vice chairper- 54 son, shall preside at all meetings of the interstate commission. The officers 6 1 so elected shall serve without compensation or remuneration from the inter- 2 state commission; provided that, subject to the availability of budgeted 3 funds, the officers shall be reimbursed for any actual and necessary costs and 4 expenses incurred by them in the performance of their duties and responsibili- 5 ties as officers of the interstate commission. 6 (3) The interstate commission shall, through its executive committee, 7 appoint or retain an executive director for such period, upon such terms and 8 conditions and for such compensation as the interstate commission may deem 9 appropriate. The executive director shall serve as secretary to the interstate 10 commission, and hire and supervise such other staff as may be authorized by 11 the interstate commission, but shall not be a member. 12 (4) The interstate commission shall maintain its corporate books and 13 records in accordance with the bylaws. 14 (5) The members, officers, executive director and employees of the inter- 15 state commission shall be immune from suit and liability, either personally or 16 in their official capacity, for any claim for damage to or loss of property or 17 personal injury or other civil liability caused or arising out of any actual 18 or alleged act, error or omission that occurred within the scope of interstate 19 commission employment, duties or responsibilities; provided that nothing in 20 this paragraph shall be construed to protect any such person from suit and/or 21 liability for any damage, loss, injury or liability caused by the intentional 22 or willful and wanton misconduct of any such person. 23 (6) The interstate commission shall defend the commissioner of a compact- 24 ing state, or the commissioner's representatives or employees, or the inter- 25 state commission's representatives or employees, in any civil action seeking 26 to impose liability arising out of any actual or alleged act, error or omis- 27 sion that occurred within the scope of interstate commission employment, 28 duties or responsibilities, or that the defendant had a reasonable basis for 29 believing occurred within the scope of interstate commission employment, 30 duties or responsibilities; provided that the actual or alleged act, error or 31 omission did not result from intentional wrongdoing on the part of such per- 32 son. 33 (7) The interstate commission shall indemnify and hold the commissioner 34 of a compacting state, the appointed designee or employees, or the interstate 35 commission's representatives or employees, harmless in the amount of any set- 36 tlement or judgment obtained against such persons arising out of any actual or 37 alleged act, error or omission that occurred within the scope of interstate 38 commission employment, duties or responsibilities, or that such persons had a 39 reasonable basis for believing occurred within the scope of interstate commis- 40 sion employment, duties or responsibilities; provided that the actual or 41 alleged act, error or omission did not result from gross negligence or inten- 42 tional wrongdoing on the part of such person. 43 ARTICLE VII 44 ACTIVITIES OF THE INTERSTATE COMMISSION 45 (1) The interstate commission shall meet and take such actions as are 46 consistent with the provisions of this compact. 47 (2) Except as otherwise provided in this compact and unless a greater 48 percentage is required by the bylaws, in order to constitute an act of the 49 interstate commission, such act shall have been taken at a meeting of the 50 interstate commission and shall have received an affirmative vote of a major- 51 ity of the members present. 52 (3) Each member of the interstate commission shall have the right and 53 power to cast a vote to which that compacting state is entitled and to partic- 54 ipate in the business and affairs of the interstate commission. A member shall 7 1 vote in person on behalf of the state and shall not delegate a vote to another 2 member state. However, a state council shall appoint another authorized repre- 3 sentative, in the absence of the commissioner from that state, to cast a vote 4 on behalf of the member state at a specified meeting. The bylaws may provide 5 for members' participation in meetings by telephone or other means of telecom- 6 munication or electronic communication. Any voting conducted by telephone, or 7 other means of telecommunication or electronic communication shall be subject 8 to the same quorum requirements of meetings where members are present in per- 9 son. 10 (4) The interstate commission shall meet at least once during each calen- 11 dar year. The chairperson of the interstate commission may call additional 12 meetings at any time and, upon the request of a majority of the members, shall 13 call additional meetings. 14 (5) The interstate commission shall establish conditions and procedures 15 under which the interstate commission shall make its information and official 16 records available to the public for inspection or copying. The interstate com- 17 mission may exempt from disclosure any information or official records to the 18 extent they would adversely affect personal privacy rights or proprietary 19 interests. In promulgating such rules, the interstate commission may make 20 available to law enforcement agencies records and information otherwise exempt 21 from disclosure, and may enter into agreements with law enforcement agencies 22 to receive or exchange information or records subject to nondisclosure and 23 confidentiality provisions. 24 (6) Public notice shall be given of all meetings and all meetings shall 25 be open to the public, except as set forth in the rules or as otherwise pro- 26 vided in the compact. The interstate commission shall promulgate rules con- 27 sistent with the principles contained in the government in sunshine act, 5 28 U.S.C. section 552(b), as may be amended. The interstate commission and any of 29 its committees may close a meeting to the public where it determines by two- 30 thirds (2/3) vote that an open meeting would be likely to: 31 (a) Relate solely to the interstate commission's internal personnel prac- 32 tices and procedures; 33 (b) Disclose matters specifically exempted from disclosure by statute; 34 (c) Disclose trade secrets or commercial or financial information which 35 is privileged or confidential; 36 (d) Involve accusing any person of a crime, or formally censuring any 37 person; 38 (e) Disclose information of a personal nature where disclosure would con- 39 stitute a clearly unwarranted invasion of personal privacy; 40 (f) Disclose investigatory records compiled for law enforcement purposes; 41 (g) Disclose information contained in or related to examination, operat- 42 ing or condition reports prepared by, or on behalf of or for the use of, 43 the interstate commission with respect to a regulated entity for the pur- 44 pose of regulation or supervision of such entity; 45 (h) Disclose information, the premature disclosure of which would signif- 46 icantly endanger the life of a person or the stability of a regulated 47 entity; 48 (i) Specifically relate to the interstate commission's issuance of a sub- 49 poena, or its participation in a civil action or proceeding. 50 For every meeting closed pursuant to this provision, the interstate 51 commission's chief legal officer shall publicly certify that, in the officer's 52 opinion, the meeting may be closed to the public, and shall reference each 53 relevant exemptive provision. 54 (7) The interstate commission shall keep minutes which shall fully and 55 clearly describe all matters discussed in any meeting and shall provide a full 8 1 and accurate summary of any actions taken, and the reasons therefor, including 2 a description of each of the views expressed on any item and the record of any 3 roll call vote (reflected in the vote of each member on the question). All 4 documents considered in connection with any action shall be identified in such 5 minutes. 6 (8) The interstate commission shall collect standardized data concerning 7 the interstate movement of offenders as directed through its bylaws and rules 8 which shall specify the data to be collected, the means of collection and data 9 exchange and reporting requirements. 10 ARTICLE VIII 11 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 12 (1) The interstate commission shall promulgate rules in order to effec- 13 tively and efficiently achieve the purposes of the compact including transi- 14 tion rules governing administration of the compact during the period in which 15 it is being considered and enacted by the states. 16 (2) Rulemaking shall occur pursuant to the criteria set forth in this 17 article and the bylaws and rules adopted pursuant thereto. Such rulemaking 18 shall substantially conform to the principles of the federal administrative 19 procedure act, 5 U.S.C.S. section 551 et seq., and the federal advisory com- 20 mittee act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended 21 (hereinafter "APA"). 22 (3) All rules and amendments shall become binding as of the date speci- 23 fied in each rule or amendment. 24 (4) If a majority of the legislatures of the compacting states rejects a 25 rule, by enactment of a statute or resolution in the same manner used to adopt 26 the compact, then such rule shall have no further force and effect in any com- 27 pacting state. 28 (5) When promulgating a rule, the interstate commission shall: 29 (a) Publish the proposed rule stating with particularity the text of the 30 rule which is proposed and the reason for the proposed rule; 31 (b) Allow persons to submit written data, facts, opinions and arguments, 32 which information shall be publicly available; 33 (c) Provide an opportunity for an informal hearing; and 34 (d) Promulgate a final rule and its effective date, if appropriate, 35 based on the rulemaking record. 36 (6) Not later than sixty (60) days after a rule is promulgated, any 37 interested person may file a petition in the United States district court for 38 the District of Columbia or in the federal district court where the interstate 39 commission's principal office is located for judicial review of such rule. If 40 the court finds that the interstate commission's action is not supported by 41 substantial evidence, as defined in the APA, in the rulemaking record, the 42 court shall hold the rule unlawful and set it aside. 43 (7) Subjects to be addressed within twelve (12) months after the first 44 meeting must at a minimum include: 45 (a) Notice to victims and opportunity to be heard; 46 (b) Offender registration and compliance; 47 (c) Violations/returns; 48 (d) Transfer procedures and forms; 49 (e) Eligibility for transfer; 50 (f) Collection of restitution and fees from offenders; 51 (g) Data collection and reporting; 52 (h) The level of supervision to be provided by the receiving state; 53 (i) Transition rules governing the operation of the compact and the 54 interstate commission during all or part of the period between the effec- 9 1 tive date of the compact and the date on which the last eligible state 2 adopts the compact. 3 (j) Mediation, arbitration and dispute resolution. 4 (8) The existing rules governing the operation of the previous compact 5 superseded by this act shall be null and void twelve (12) months after the 6 first meeting of the interstate commission created hereunder. 7 (9) Upon determination by the interstate commission that an emergency 8 exists, it may promulgate an emergency rule which shall become effective imme- 9 diately upon adoption; provided that the usual rulemaking procedures provided 10 hereunder shall be retroactively applied to said rule as soon as reasonably 11 possible, but in no event later than ninety (90) days after the effective date 12 of the rule. 13 ARTICLE IX 14 OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION 15 BY THE INTERSTATE COMMISSION 16 (1) The interstate commission shall oversee the interstate movement of 17 adult offenders in the compacting states and shall monitor such activities 18 being administered in noncompacting states which may significantly affect com- 19 pacting states. 20 (2) The courts and executive agencies in each compacting state shall 21 enforce this compact and shall take all actions necessary and appropriate to 22 effectuate the compact's purposes and intent. In any judicial or administra- 23 tive proceeding in a compacting state pertaining to the subject matter of this 24 compact which may affect the powers, responsibilities or actions of the inter- 25 state commission, the interstate commission shall be entitled to receive all 26 service of process in any such proceeding, and shall have standing to inter- 27 vene in the proceeding for all purposes. 28 (3) The compacting states shall report to the interstate commission on 29 issues or activities of concern to them, and cooperate with and support the 30 interstate commission in the discharge of its duties and responsibilities. 31 (4) The interstate commission shall attempt to resolve any disputes or 32 other issues which are subject to the compact and which may arise among com- 33 pacting states and noncompacting states. 34 (5) The interstate commission shall enact a bylaw or promulgate a rule 35 providing for both mediation and binding dispute resolution for disputes among 36 the compacting states. 37 (6) The interstate commission, in the reasonable exercise of its discre- 38 tion, shall enforce the provisions of this compact using any or all means set 39 forth in article XII, of this compact. 40 ARTICLE X 41 FINANCE 42 (1) The interstate commission shall pay or provide for the payment of the 43 reasonable expenses of its establishment, organization and ongoing activities. 44 (2) The interstate commission shall levy on and collect an annual assess- 45 ment from each compacting state to cover the cost of the internal operations 46 and activities of the interstate commission and its staff which must be in a 47 total amount sufficient to cover the interstate commission's annual budget as 48 approved each year. The aggregate annual assessment amount shall be allocated 49 based upon a formula to be determined by the interstate commission, taking 50 into consideration the population of the state and the volume of interstate 51 movement of offenders in each compacting state and shall promulgate a rule 52 binding upon all compacting states which governs said assessment. 53 (3) The interstate commission shall not incur any obligations of any kind 10 1 prior to securing the funds adequate to meet the same, nor shall the inter- 2 state commission pledge the credit of any of the compacting states, except by 3 and with the authority of the compacting state. 4 (4) The interstate commission shall keep accurate accounts of all 5 receipts and disbursements. The receipts and disbursements of the interstate 6 commission shall be subject to the audit and accounting procedures established 7 under its bylaws. However, all receipts and disbursements of funds handled by 8 the interstate commission shall be audited yearly by a certified or licensed 9 public accountant and the report of the audit shall be included in and become 10 part of the annual report of the interstate commission. 11 ARTICLE XI 12 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT 13 (1) Any state, as defined in article II of this compact, is eligible to 14 become a compacting state. 15 (2) The compact shall become effective and binding upon legislative 16 enactment of the compact into law by no less than thirty-five (35) of the 17 states. The initial effective date shall be the later of July 1, 2001, or upon 18 enactment into law by the thirty-fifth jurisdiction. Thereafter it shall 19 become effective and binding, as to any other compacting state, upon enactment 20 of the compact into law by that state. The governors of nonmember states or 21 their designees will be invited to participate in interstate commission activ- 22 ities on a nonvoting basis prior to adoption of the compact by all states and 23 territories of the United States. 24 (3) Amendments to the compact may be proposed by the interstate commis- 25 sion for enactment by the compacting states. No amendment shall become effec- 26 tive and binding upon the interstate commission and the compacting states 27 unless and until it is enacted into law by unanimous consent of the compacting 28 states. 29 ARTICLE XII 30 WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT 31 (1) Once effective, the compact shall continue in force and remain bind- 32 ing upon each and every compacting state; provided, that a compacting state 33 may withdraw from the compact ("withdrawing state") by enacting a statute spe- 34 cifically repealing the statute which enacted the compact into law. The effec- 35 tive date of withdrawal is the effective date of the repeal. 36 (2) The withdrawing state shall immediately notify the chairperson of the 37 interstate commission in writing upon the introduction of legislation repeal- 38 ing this compact in the withdrawing state. The interstate commission shall 39 notify the other compacting states of the withdrawing state's intent to with- 40 draw within sixty (60) days of its receipt thereof. 41 (3) The withdrawing state is responsible for all assessments, obligations 42 and liabilities incurred through the effective date of withdrawal, including 43 any obligations the performance of which extend beyond the effective date of 44 withdrawal. 45 (4) Reinstatement following withdrawal of any compacting state shall 46 occur upon the withdrawing state's reenactment of the compact or upon such 47 later date as determined by the interstate commission. 48 (5) If the interstate commission determines that any compacting state has 49 at any time defaulted ("defaulting state") in the performance of any of its 50 obligations or responsibilities under this compact, the bylaws or any duly 51 promulgated rules, the interstate commission may impose any or all of the fol- 52 lowing penalties: 53 (a) Fines, fees and costs in such amounts as are deemed to be reasonable 11 1 as fixed by the interstate commission; 2 (b) Remedial training and technical assistance as directed by the inter- 3 state commission; 4 (c) Suspension and termination of membership in the compact. Suspension 5 shall be imposed only after all other reasonable means of securing compli- 6 ance under the bylaws and rules have been exhausted. Immediate notice of 7 suspension shall be given by the interstate commission to the governor, 8 the chief justice or chief judicial officer of the state, the majority and 9 minority leaders of the defaulting state's legislature, and the state 10 council. 11 (6) The grounds for default include, but are not limited to, failure of a 12 compacting state to perform such obligations or responsibilities imposed upon 13 it by this compact, interstate commission bylaws, or duly promulgated rules. 14 The interstate commission shall immediately notify the defaulting state in 15 writing of the penalty imposed by the interstate commission on the defaulting 16 state pending a cure of the default. The interstate commission shall stipu- 17 late the conditions and the time period within which the defaulting state must 18 cure its default. If the defaulting state fails to cure the default within 19 the time period specified by the interstate commission, in addition to any 20 other penalties imposed herein, the defaulting state may be terminated from 21 the compact upon an affirmative vote of a majority of the compacting states 22 and all rights, privileges and benefits conferred by this compact shall be 23 terminated from the effective date of suspension. 24 (7) Within sixty (60) days of the effective date of termination of a 25 defaulting state, the interstate commission shall notify the governor, the 26 chief justice or chief judicial officer and the majority and minority leaders 27 of the defaulting state's legislature and the state council of such termina- 28 tion. 29 (8) The defaulting state is responsible for all assessments, obligations 30 and liabilities incurred through the effective date of termination including 31 any obligations the performance of which extends beyond the effective date of 32 termination. 33 (9) The interstate commission shall not bear any costs relating to the 34 defaulting state unless otherwise mutually agreed upon between the interstate 35 commission and the defaulting state. 36 (10) Reinstatement following termination of any compacting state requires 37 both a reenactment of the compact by the defaulting state and the approval of 38 the interstate commission pursuant to the rules. 39 (11) The interstate commission may, by majority vote of the members, ini- 40 tiate legal action in the United States district court for the District of 41 Columbia or, at the discretion of the interstate commission, in the federal 42 district where the interstate commission has its offices to enforce compliance 43 with the provisions of the compact, its duly promulgated rules and bylaws, 44 against any compacting state in default. In the event judicial enforcement is 45 necessary, the prevailing party shall be awarded all costs of such litigation 46 including reasonable attorney's fees. 47 (12) The compact dissolves effective upon the date of the withdrawal or 48 default of the compacting state which reduces membership in the compact to one 49 (1) compacting state. Upon the dissolution of this compact, the compact 50 becomes null and void and shall be of no further force or effect, and the 51 business and affairs of the interstate commission shall be wound up and any 52 surplus funds shall be distributed in accordance with the bylaws. 12 1 ARTICLE XIII 2 SEVERABILITY AND CONSTRUCTION 3 (1) The provisions of this compact shall be severable, and if any phrase, 4 clause, sentence or provision is deemed unenforceable, the remaining provi- 5 sions of the compact shall be enforceable. 6 (2) The provisions of this compact shall be liberally constructed to 7 effectuate its purposes. 8 ARTICLE XIV 9 BINDING EFFECT OF COMPACT AND OTHER LAWS 10 (1) Nothing herein prevents the enforcement of any other law of a com- 11 pacting state that is not inconsistent with this compact. 12 (2) All compacting states' laws conflicting with this compact are super- 13 seded to the extent of the conflict. 14 (3) All lawful actions of the interstate commission, including all rules 15 and bylaws promulgated by the interstate commission, are binding upon the com- 16 pacting states. 17 (4) All agreements between the interstate commission and the compacting 18 states are binding in accordance with their terms. 19 (5) Upon the request of a party to a conflict over meaning or interpreta- 20 tion of interstate commission actions, and upon a majority vote of the com- 21 pacting states, the interstate commission may issue advisory opinions regard- 22 ing such meaning or interpretation. 23 (6) In the event any provision of this compact exceeds the constitutional 24 limits imposed on the legislature of any compacting state, the obligations, 25 duties, powers or jurisdiction sought to be conferred by such provision upon 26 the interstate commission shall be ineffective and such obligations, duties, 27 powers or jurisdiction shall remain in the compacting state and shall be exer- 28 cised by the agency thereof to which such obligations, duties, powers or 29 jurisdiction are delegated by law in effect at the time this compact becomes 30 effective. 31 SECTION 3. That Chapter 3, Title 20, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 33 ignated as Section 20-302, Idaho Code, and to read as follows: 34 20-302. SHORT TITLE. This act may be cited as the "Interstate Compact for 35 Adult Offender Supervision." 36 SECTION 4. This act shall become effective upon the enactment of the 37 Interstate Compact for Adult Offender Supervision into law by thirty-five 38 states or July 1, 2001, whichever is later.
STATEMENT OF PURPOSE RS09553C2 This bill will repeal the existing interstate compact that regulates the movement and supervision of adult probationers and parolees. It will become effective only after thirty-five state legislatures accept this new interstate compact. The compact allows the member states to establish an independent interstate commission that will promulgate and enforce uniform procedures for movement and management of adult offenders between states. Each state will also establish a state council to oversee the interests of all three branches of government resulting in state autonomy and national cooperation. FISCAL NOTE Each state will be assessed an annual fee based on a formula developed by the National Commission that considers each state's population and volume of offenders crossing state lines. There may also be minimal costs for the expenses of the state commissioner and state council members. The earliest funding will need to be considered by the Legislature will be FY 2002, or later, if the compact is not accepted by 35 states before July 1, 2001. The estimated annual amount necessary to support the new compact is $30,000, although costs per state will not be known until the compact passes in at least 35 states. CONTACT Name: Julianne Crosby Ageacy: Department of Correction Phone: 658-2121 STATEMENT OF PURPOSE/FISCAL IMPACT S 1391