Print Friendly SENATE BILL NO. 1391 – Adult Offender Supervision Compact
SENATE BILL NO. 1391
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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,
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
|||| 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
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
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
33 As used in this compact, unless the context clearly requires a different
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
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-
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
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
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-
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-
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
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-
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-
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
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-
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
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
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
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-
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
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
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
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
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
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-
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
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
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
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
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.
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
STATEMENT OF PURPOSE/FISCAL IMPACT S 1391