2000 Legislation
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SENATE BILL NO. 1391 – Adult Offender Supervision Compact


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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,
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1391
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  3        SECTIONS  20-301  AND  20-302,  IDAHO  CODE; AMENDING CHAPTER 3, TITLE 20,
 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
  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
  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
  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
 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-
  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
 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
  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
 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
  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
  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
 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-
  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
 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
  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
 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
 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
  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.
  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
 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 / Fiscal Impact

                STATEMENT OF PURPOSE 
     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. 
     Name:     Julianne Crosby 
     Ageacy:  Department of Correction
     Phone:     658-2121 
                                                  STATEMENT OF PURPOSE/FISCAL IMPACT           S 1391