2004 Legislation
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HOUSE BILL NO. 518 – Juveniles, Interstate Compact


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H0518................................by JUDICIARY, RULES AND ADMINISTRATION
INTERSTATE COMPACT FOR JUVENILES - Repeals and adds to existing law to
authorize and direct the Governor of the State of Idaho to execute the
Interstate Compact for Juveniles on behalf of the state; to provide the
purpose of the compact; to provide for the Interstate Commission for
Juveniles; to provide for the commission's powers and duties, organization,
operation, rulemaking functions, oversight, enforcement, dispute resolution
and financing; to provide for a state council; to provide for compacting
states; to provide an effective date; to provide for amendment of the
compact; to provide for withdrawal, default, termination and judicial
enforcement; to provide for severability and construction; and to provide
for the binding effect of the compact and other laws.
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Jud
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 66-3-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
      Raybould, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,
      Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- McKague, Ridinger, Smith(24)
      Absent and excused -- McGeachin
    Floor Sponsor - Clark
    Title apvd - to Senate
02/10    Senate intro - 1st rdg - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason(Andreason), Bailey, Brandt, Bunderson, Burkett,
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Lodge
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/15    Pres signed
03/16    To Governor
03/19    Governor signed
         Session Law Chapter 97
         Effective: Upon adoption by 35 states or 07/01/04
         whichever is later

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 518
  1                                        AN ACT
 18    Be It Enacted by the Legislature of the State of Idaho:
 19        SECTION 1.  That Chapter 19, Title 16, Idaho Code, be,  and  the  same  is
 20    hereby repealed.
 21        SECTION  2.  That Title 16, Idaho Code, be, and the same is hereby amended
 22    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 23    ter 19, Title 16, Idaho Code, and to read as follows:
 24                                      CHAPTER 19
 25                           INTERSTATE COMPACT FOR JUVENILES
 26        16-1901.  COMPACTS  WITH  OTHER  STATES  AUTHORIZED.  The governor of this
 27    state is hereby authorized and directed to execute a compact on behalf of  the
 28    state  of  Idaho  with any of the United States legally joining therein in the
 29    form substantially as follows:
 30                                      ARTICLE I
 31                                       PURPOSE
 32        The compacting states to this interstate compact recognize that each state
 33    is responsible for the proper supervision or return of juveniles,  delinquents
 34    and  status  offenders  who are on probation or parole and who have absconded,
 35    escaped or run away from supervision and control and in so doing  have  endan-
 36    gered  their  own safety and the safety of others.  The compacting states also
 37    recognize that each state is responsible for the safe return of juveniles  who
 38    have  run  away  from home and in doing so have left their state of residence.
 39    The compacting states also recognize that congress, by enacting the crime con-
  1    trol act, 4 U.S.C. section 112 (1965), has authorized and encouraged  compacts
  2    for cooperative efforts and mutual assistance in the prevention of crime.
  3        It  is the purpose of this compact, through means of joint and cooperative
  4    action among the compacting states to: (A) ensure that the  adjudicated  juve-
  5    niles  and  status  offenders  subject  to  this compact are provided adequate
  6    supervision and services in the receiving state as ordered by the adjudicating
  7    judge or parole authority in the sending state; (B)  ensure  that  the  public
  8    safety interests of the citizens, including the victims of juvenile offenders,
  9    in  both the sending and receiving states are adequately protected; (C) return
 10    juveniles who have run away, absconded or escaped from supervision or  control
 11    or  have  been accused of an offense to the state requesting their return; (D)
 12    make contracts for the cooperative institutionalization in  public  facilities
 13    in  member  states  for delinquent youth needing special services; (E) provide
 14    for the effective tracking and supervision of juveniles; (F)  equitably  allo-
 15    cate  the costs, benefits and obligations of the compacting states; (G) estab-
 16    lish procedures to manage the movement between states  of  juvenile  offenders
 17    released  to  the community under the jurisdiction of courts, juvenile depart-
 18    ments, or any other criminal or juvenile justice agency which has jurisdiction
 19    over juvenile offenders; (H) ensure immediate notice  to  jurisdictions  where
 20    defined  offenders are authorized to travel or to relocate across state lines;
 21    (I) establish procedures to resolve pending charges (detainers) against  juve-
 22    nile  offenders  prior to transfer or release to the community under the terms
 23    of this compact; (J) establish a system of uniform data collection on informa-
 24    tion pertaining to juveniles subject to this compact  that  allows  access  by
 25    authorized  juvenile  justice  and  criminal  justice  officials,  and regular
 26    reporting of compact activities to heads of  state  executive,  judicial,  and
 27    legislative  branches  and  juvenile  and criminal justice administrators; (K)
 28    monitor compliance with rules governing interstate movement of  juveniles  and
 29    initiate  interventions  to  address and correct noncompliance; (L) coordinate
 30    training and education regarding the  regulation  of  interstate  movement  of
 31    juveniles  for  officials  involved  in  such activity; and (M) coordinate the
 32    implementation and operation of the compact with the  interstate  compact  for
 33    the  placement of children, the interstate compact for adult offender supervi-
 34    sion and other compacts affecting juveniles particularly in those cases  where
 35    concurrent  or  overlapping  supervision issues arise. It is the policy of the
 36    compacting states that the activities conducted by the  interstate  commission
 37    created  herein  are the formation of public policies and therefore are public
 38    business. Furthermore, the compacting states shall cooperate and observe their
 39    individual and collective duties and responsibilities for  the  prompt  return
 40    and  acceptance  of  juveniles  subject to the provisions of this compact. The
 41    provisions of this compact shall be  reasonably  and  liberally  construed  to
 42    accomplish the purposes and policies of the compact.
 43                                      ARTICLE II
 44                                     DEFINITIONS
 45        As used in this compact, unless the context clearly requires a different
 46    construction:
 47        A.  "Bylaws"  means: those bylaws established by the interstate commission
 48    for its governance, or for directing or controlling its actions or conduct.
 49        B.  "Compact administrator" means: the individual in each compacting state
 50    appointed pursuant to the terms of this compact, responsible for the  adminis-
 51    tration  and  management  of the state's supervision and transfer of juveniles
 52    subject to the terms of this compact, the rules adopted by the interstate com-
 53    mission and policies adopted by the state council under this compact.
  1        C.  "Compacting state" means: any state which  has  enacted  the  enabling
  2    legislation for this compact.
  3        D.  "Commissioner"  means:  the  voting  representative of each compacting
  4    state appointed pursuant to article III of this compact.
  5        E.  "Court"  means:  any  court  having  jurisdiction   over   delinquent,
  6    neglected, or dependent children.
  7        F.  "Deputy  compact administrator" means: the individual, if any, in each
  8    compacting state appointed to act on behalf of a compact administrator  pursu-
  9    ant  to  the terms of this compact responsible for the administration and man-
 10    agement of the state's supervision and transfer of juveniles  subject  to  the
 11    terms of this compact, the rules adopted by the interstate commission and pol-
 12    icies adopted by the state council under this compact.
 13        G.  "Interstate Commission" means: the interstate commission for juveniles
 14    created by article III of this compact.
 15        H.  "Juvenile" means: any person defined as a juvenile in any member state
 16    or by the rules of the interstate commission, including:
 17        (1)  Accused  delinquent  - a person charged with an offense that, if com-
 18        mitted by an adult, would be a criminal offense;
 19        (2)  Adjudicated delinquent - a person found to have committed an  offense
 20        that, if committed by an adult, would be a criminal offense;
 21        (3)  Accused status offender - a person charged with an offense that would
 22        not be a criminal offense if committed by an adult;
 23        (4)  Adjudicated  status  offender  -  a person found to have committed an
 24        offense that would not be a criminal offense if committed by an adult; and
 25        (5)  Nonoffender - a person in  need  of  supervision  who  has  not  been
 26        accused or adjudicated a status offender or delinquent.
 27        I.  "Noncompacting  state"  means:  any  state  which  has not enacted the
 28    enabling legislation for this compact.
 29        J.  "Probation or parole" means: any kind of  supervision  or  conditional
 30    release of juveniles authorized under the laws of the compacting states.
 31        K.  "Rule" means: a written statement by the interstate commission promul-
 32    gated pursuant to article VI of this compact that is of general applicability,
 33    implements,  interprets or prescribes a policy or provision of the compact, or
 34    an organizational, procedural, or practice requirement of the commission,  and
 35    has  the force and effect of statutory law in a compacting state, and includes
 36    the amendment, repeal, or suspension of an existing rule.
 37        L.  "State" means: a state of the United States, the District of  Columbia
 38    (or  its  designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
 39    Guam, American Samoa, and the Northern Marianas Islands.
 40                                     ARTICLE III
 42        A.  The compacting states hereby create  the  "Interstate  Commission  for
 43    Juveniles."  The  commission shall be a body corporate and joint agency of the
 44    compacting states. The commission shall have all the responsibilities,  powers
 45    and  duties  set  forth herein, and such additional powers as may be conferred
 46    upon it by subsequent action of the respective legislatures of the  compacting
 47    states in accordance with the terms of this compact.
 48        B.  The  interstate commission shall consist of commissioners appointed by
 49    the appropriate appointing authority in each state pursuant to the  rules  and
 50    requirements of each compacting state and in consultation with the state coun-
 51    cil  for  interstate  juvenile supervision created hereunder. The commissioner
 52    shall be the compact administrator, deputy compact administrator  or  designee
 53    from  that state who shall serve on the interstate commission in such capacity
  1    under or pursuant to the applicable law of the compacting state.
  2        C.  In addition to the commissioners who are the voting representatives of
  3    each state, the interstate commission shall include individuals  who  are  not
  4    commissioners,   but   who  are  members  of  interested  organizations.  Such
  5    noncommissioner members must include a member of the national organizations of
  6    governors, legislators, state chief justices,  attorneys  general,  interstate
  7    compact  for  adult offender supervision, interstate compact for the placement
  8    of children, juvenile justice and juvenile corrections  officials,  and  crime
  9    victims.  All noncommissioner members of the interstate commission shall be ex
 10    officio (nonvoting) members. The interstate  commission  may  provide  in  its
 11    bylaws  for  such additional ex officio (nonvoting) members, including members
 12    of other national organizations, in such numbers as shall be determined by the
 13    commission.
 14        D.  Each compacting state represented at any meeting of the commission  is
 15    entitled to one (1) vote. A majority of the compacting states shall constitute
 16    a  quorum  for the transaction of business, unless a larger quorum is required
 17    by the bylaws of the interstate commission.
 18        E.  The commission shall meet at least once each calendar year. The chair-
 19    person may call additional meetings and, upon the request of a simple majority
 20    of the compacting states, shall call additional meetings. Public notice  shall
 21    be given of all meetings and meetings shall be open to the public.
 22        F.  The  interstate  commission  shall  establish  an executive committee,
 23    which shall include commission officers, members, and others as determined  by
 24    the  bylaws.  The executive committee shall have the power to act on behalf of
 25    the interstate commission during periods when the interstate commission is not
 26    in session, with the exception of rulemaking and/or amendment to the  compact.
 27    The  executive committee shall oversee the day-to-day activities of the admin-
 28    istration of the compact managed by an executive director and interstate  com-
 29    mission  staff;  administer  enforcement and compliance with the provisions of
 30    the compact, its bylaws and rules; and perform such other duties  as  directed
 31    by the interstate commission or set forth in the bylaws.
 32        G.  Each  member  of  the  interstate  commission shall have the right and
 33    power to cast a vote to which that compacting state is entitled and to partic-
 34    ipate in the business and affairs of the interstate commission. A member shall
 35    vote in person and shall not delegate a vote to another compacting state. How-
 36    ever, a commissioner, in consultation with the state  council,  shall  appoint
 37    another  authorized  representative,  in  the absence of the commissioner from
 38    that state, to cast a vote on behalf of the compacting state  at  a  specified
 39    meeting.  The  bylaws  may  provide  for members' participation in meetings by
 40    telephone or other means of telecommunication or electronic communication.
 41        H.  The interstate commission's bylaws shall establish conditions and pro-
 42    cedures under which the interstate commission shall make its  information  and
 43    official records available to the public for inspection or copying. The inter-
 44    state  commission  may  exempt  from  disclosure  any  information or official
 45    records to the extent they would adversely affect personal privacy  rights  or
 46    proprietary interests.
 47        I.  Public notice shall be given of all meetings and all meetings shall be
 48    open  to the public, except as set forth in the rules or as otherwise provided
 49    in the compact. The interstate commission and any of its committees may  close
 50    a  meeting  to the public where it determines by two-thirds (2/3) vote that an
 51    open meeting would be likely to:
 52        1.  Relate solely to the interstate commission's internal personnel  prac-
 53        tices and procedures;
 54        2.  Disclose matters specifically exempted from disclosure by statute;
 55        3.  Disclose trade secrets or commercial or financial information which is
  1        privileged or confidential;
  2        4.  Involve accusing any person of a crime, or formally censuring any per-
  3        son;
  4        5.  Disclose  information of a personal nature where disclosure would con-
  5        stitute a clearly unwarranted invasion of personal privacy;
  6        6.  Disclose investigative records compiled for law enforcement purposes;
  7        7.  Disclose information contained in or related to examination, operating
  8        or condition reports prepared by, or on behalf of or for the use  of,  the
  9        interstate commission with respect to a regulated person or entity for the
 10        purpose of regulation or supervision of such person or entity;
 11        8.  Disclose information, the premature disclosure of which would signifi-
 12        cantly endanger the stability of a regulated person or entity; or
 13        9.  Specifically  relate to the interstate commission's issuance of a sub-
 14        poena, or its participation in a civil action or other legal proceeding.
 15        J.  For every meeting closed pursuant to this  provision,  the  interstate
 16    commission's legal counsel shall publicly certify that, in the legal counsel's
 17    opinion,  the  meeting  may  be closed to the public, and shall reference each
 18    relevant exemptive provision. The interstate  commission  shall  keep  minutes
 19    which  shall  fully  and clearly describe all matters discussed in any meeting
 20    and shall provide a full and accurate summary of any actions  taken,  and  the
 21    reasons  therefor,  including  a description of each of the views expressed on
 22    any item and the record of any roll call vote (reflected in the vote  of  each
 23    member  on  the  question).  All  documents  considered in connection with any
 24    action shall be identified in such minutes.
 25        K.  The interstate commission shall collect standardized  data  concerning
 26    the interstate movement of juveniles as directed through its rules which shall
 27    specify  the  data  to be collected, the means of collection and data exchange
 28    and reporting requirements. Such methods  of  data  collection,  exchange  and
 29    reporting  shall insofar as is reasonably possible conform to up-to-date tech-
 30    nology and coordinate its information functions with the  appropriate  reposi-
 31    tory of records.
 32                                      ARTICLE IV
 34        The commission shall have the following powers and duties:
 35        1.  To provide for dispute resolution among compacting states.
 36        2.  To  promulgate rules to effect the purposes and obligations as enumer-
 37    ated in this compact, which shall have the force and effect of  statutory  law
 38    and  shall be binding in the compacting states to the extent and in the manner
 39    provided in this compact.
 40        3.  To oversee, supervise and coordinate the interstate movement of  juve-
 41    niles  subject  to  the terms of this compact and any bylaws adopted and rules
 42    promulgated by the interstate commission.
 43        4.  To enforce compliance with the compact provisions, the  rules  promul-
 44    gated  by  the  interstate commission, and the bylaws, using all necessary and
 45    proper means including, but not limited to, the use of judicial process.
 46        5.  To establish and maintain offices which shall be  located  within  one
 47    (1) or more of the compacting states.
 48        6.  To purchase and maintain insurance and bonds.
 49        7.  To borrow, accept, hire or contract for services of personnel.
 50        8.  To establish and appoint committees and hire staff which it deems nec-
 51    essary for the carrying out of its functions including, but not limited to, an
 52    executive  committee  as  required  by article III of this compact which shall
 53    have the power to act on behalf of the interstate commission in  carrying  out
  1    its powers and duties hereunder.
  2        9.  To  elect  or  appoint such officers, attorneys, employees, agents, or
  3    consultants, and to fix their compensation, define their duties and  determine
  4    their  qualifications;  and to establish the interstate commission's personnel
  5    policies and programs relating to, inter alia, conflicts of interest, rates of
  6    compensation, and qualifications of personnel.
  7        10. To accept any and all donations and grants of money,  equipment,  sup-
  8    plies, materials, and services, and to receive, utilize, and dispose of it.
  9        11. To lease, purchase, accept contributions or donations of, or otherwise
 10    to own, hold, improve or use any property, real, personal, or mixed.
 11        12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or other-
 12    wise dispose of any property, real, personal or mixed.
 13        13. To  establish a budget and make expenditures and levy dues as provided
 14    in article VIII of this compact.
 15        14. To sue and be sued.
 16        15. To adopt a seal and bylaws governing the management and  operation  of
 17    the interstate commission.
 18        16. To  perform  such  functions  as  may  be  necessary or appropriate to
 19    achieve the purposes of this compact.
 20        17. To report annually to  the  legislatures,  governors,  judiciary,  and
 21    state  councils  of  the  compacting  states  concerning the activities of the
 22    interstate commission during the preceding  year.   Such  reports  shall  also
 23    include  any recommendations that may have been adopted by the interstate com-
 24    mission.
 25        18. To coordinate education, training and public awareness  regarding  the
 26    interstate movement of juveniles for officials involved in such activity.
 27        19. To  establish  uniform  standards  of  the  reporting,  collecting and
 28    exchanging of data.
 29        20. The interstate commission  shall  maintain  its  corporate  books  and
 30    records in accordance with the bylaws.
 31                                      ARTICLE V
 33        Section A.  Bylaws
 34        1.  The  interstate commission shall, by a majority of the members present
 35    and voting, within twelve (12) months after the  first  interstate  commission
 36    meeting, adopt bylaws to govern its conduct as may be necessary or appropriate
 37    to carry out the purposes of the compact, including, but not limited to:
 38        a.  Establishing the fiscal year of the interstate commission;
 39        b.  Establishing  an  executive committee and such other committees as may
 40        be necessary;
 41        c.  Provide for the establishment of committees governing any  general  or
 42        specific delegation of any authority or function of the interstate commis-
 43        sion;
 44        d.  Providing reasonable procedures for calling and conducting meetings of
 45        the  interstate  commission,  and  ensuring reasonable notice of each such
 46        meeting;
 47        e.  Establishing the titles and responsibilities of the  officers  of  the
 48        interstate commission;
 49        f.  Providing  a mechanism for concluding the operations of the interstate
 50        commission and the return of any surplus funds that  may  exist  upon  the
 51        termination  of  the  compact after the payment and/or reserving of all of
 52        its debts and obligations.
 53        g.  Providing "start-up" rules for initial administration of the  compact;
  1        and
  2        h.  Establishing  standards  and  procedures  for compliance and technical
  3        assistance in carrying out the compact.
  4        Section B.  Officers and Staff
  5        1.  The interstate commission shall, by a majority of the  members,  elect
  6    annually  from among its members a chairperson and a vice chairperson, each of
  7    whom shall have such authority and duties as may be specified in  the  bylaws.
  8    The  chairperson  or,  in  the  chairperson's  absence or disability, the vice
  9    chairperson shall preside at all meetings of the interstate  commission.   The
 10    officers  so elected shall serve without compensation or remuneration from the
 11    interstate commission; provided that, subject to the availability of  budgeted
 12    funds,  the  officers shall be reimbursed for any ordinary and necessary costs
 13    and expenses incurred by them in the performance of their duties and responsi-
 14    bilities as officers of the interstate commission.
 15        2.  The interstate commission  shall,  through  its  executive  committee,
 16    appoint  or  retain an executive director for such period, upon such terms and
 17    conditions and for such compensation as the  interstate  commission  may  deem
 18    appropriate. The executive director shall serve as secretary to the interstate
 19    commission,  but shall not be a member and shall hire and supervise such other
 20    staff as may be authorized by the interstate commission.
 21        Section C.  Qualified Immunity, Defense and Indemnification
 22        1.  The commission's executive director and employees shall be immune from
 23    suit and liability, either personally or in their official capacity,  for  any
 24    claim for damage to or loss of property or personal injury or other civil lia-
 25    bility  caused  or  arising  out  of or relating to any actual or alleged act,
 26    error, or omission that occurred, or that such person had a  reasonable  basis
 27    for  believing  occurred within the scope of commission employment, duties, or
 28    responsibilities; provided, that any such person shall not be  protected  from
 29    suit  or  liability  for  any damage, loss, injury, or liability caused by the
 30    intentional or willful and wanton misconduct of any such person.
 31        2.  The liability of any commissioner, or the employee or agent of a  com-
 32    missioner,  acting  within the scope of such person's employment or duties for
 33    acts, errors, or omissions occurring within such person's state may not exceed
 34    the limits of liability set forth  under the constitution  and  laws  of  that
 35    state  for  state officials, employees, and agents. Nothing in this subsection
 36    shall be construed to protect any such person from suit or liability  for  any
 37    damage,  loss,  injury,  or liability caused by the intentional or willful and
 38    wanton misconduct of any such person.
 39        3.  The interstate commission shall defend the executive director  or  the
 40    employees  or representatives of the interstate commission and, subject to the
 41    approval of the attorney general of the state represented by any  commissioner
 42    of  a  compacting  state, shall defend such commissioner or the commissioner's
 43    representatives or employees in any civil action seeking to  impose  liability
 44    arising  out  of  any  actual  or alleged act, error or omission that occurred
 45    within the scope of interstate commission employment, duties or  responsibili-
 46    ties,  or  that  the  defendant  had a reasonable basis for believing occurred
 47    within the scope of interstate commission employment, duties, or responsibili-
 48    ties, provided that the actual or alleged act,  error,  or  omission  did  not
 49    result  from  intentional or willful and wanton misconduct on the part of such
 50    person.
 51        4.  The interstate commission shall indemnify and hold the commissioner of
 52    a compacting state, or the commissioner's representatives or employees, or the
 53    interstate commission's representatives or employees, harmless in  the  amount
 54    of any settlement or judgment obtained against such persons arising out of any
 55    actual  or  alleged  act, error, or omission that occurred within the scope of
  1    interstate commission employment, duties, or responsibilities,  or  that  such
  2    persons  had  a  reasonable  basis  for believing occurred within the scope of
  3    interstate commission employment, duties, or responsibilities,  provided  that
  4    the  actual or alleged act, error, or omission did not result from intentional
  5    or willful and wanton misconduct on the part of such persons.
  6                                      ARTICLE VI
  8        A.  The interstate commission shall promulgate and publish rules in  order
  9    to effectively and efficiently achieve the purposes of the compact.
 10        B.  Rulemaking  shall  occur  pursuant  to  the criteria set forth in this
 11    article and the bylaws and rules adopted  pursuant  thereto.  Such  rulemaking
 12    shall  substantially conform to the principles of the "Model State Administra-
 13    tive Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15,  p.1  (2000),
 14    or  such  other  administrative  procedures  act, as the interstate commission
 15    deems appropriate consistent with due process requirements  under  the  United
 16    States  Constitution  as  now  or  hereafter  interpreted by the United States
 17    supreme court.  All rules and amendments shall become binding as of  the  date
 18    specified,  as published with the final version of the rule as approved by the
 19    commission.
 20        C.  When promulgating a rule, the interstate commission shall, at a  mini-
 21    mum:
 22        1.  Publish the proposed rule's entire text stating the reason(s) for that
 23        proposed rule;
 24        2.  Allow  and  invite  any and all persons to submit written data, facts,
 25        opinions and arguments, which information shall be added  to  the  record,
 26        and be made publicly available;
 27        3.  Provide  an  opportunity  for an informal hearing if petitioned by ten
 28        (10) or more persons; and
 29        4.  Promulgate a final rule and its effective date, if appropriate,  based
 30        on input from state or local officials, or interested parties.
 31        D.  The  interstate commission shall allow, not later than sixty (60) days
 32    after a rule is promulgated, any interested person to file a petition  in  the
 33    United  States  district  court for the District of Columbia or in the federal
 34    district court where the interstate commission's principal office  is  located
 35    for  judicial  review  of  such  rule.  If the court finds that the interstate
 36    commission's action is not supported by substantial evidence in the rulemaking
 37    record, the court shall hold the rule unlawful and set it aside. For  purposes
 38    of this subsection, evidence is substantial if it would be considered substan-
 39    tial evidence under the model state administrative procedures act.
 40        E.  If  a  majority of the legislatures of the compacting states rejects a
 41    rule, those states may, by enactment of a statute or resolution  in  the  same
 42    manner  used  to adopt the compact, cause that such rule shall have no further
 43    force and effect in any compacting state.
 44        F.  The existing rules governing the operation of the  interstate  compact
 45    on  juveniles superseded by this act shall be null and void twelve (12) months
 46    after the first meeting of the interstate commission created hereunder.
 47        G.  Upon determination by  the  interstate  commission  that  a  state-of-
 48    emergency  exists,  it  may  promulgate  an  emergency rule which shall become
 49    effective immediately upon adoption, provided that the usual rulemaking proce-
 50    dures provided hereunder shall be retroactively applied to said rule  as  soon
 51    as reasonably possible, but no later than ninety (90) days after the effective
 52    date of the emergency rule.
  1                                     ARTICLE VII
  3                             BY THE INTERSTATE COMMISSION
  4        Section A.  Oversight
  5        1.  The  interstate commission shall oversee the administration and opera-
  6    tions of the interstate movement of juveniles subject to this compact  in  the
  7    compacting  states  and  shall  monitor  such activities being administered in
  8    noncompacting states which may significantly affect compacting states.
  9        2.  The courts and executive  agencies  in  each  compacting  state  shall
 10    enforce  this  compact and shall take all actions necessary and appropriate to
 11    effectuate the compact's purposes and intent.  The provisions of this  compact
 12    and  the rules promulgated hereunder shall be received by all the judges, pub-
 13    lic officers, commissions, and departments of the state government as evidence
 14    of the authorized statute and administrative rules.   All  courts  shall  take
 15    judicial  notice of the compact and the rules.  In any judicial or administra-
 16    tive proceeding in a compacting state pertaining to the subject matter of this
 17    compact which may affect the powers, responsibilities or actions of the inter-
 18    state commission, it shall be entitled to receive all service  of  process  in
 19    any  such  proceeding,  and shall have standing to intervene in the proceeding
 20    for all purposes.
 21        Section B.  Dispute Resolution
 22        1.  The compacting states shall report to the interstate commission on all
 23    issues and activities necessary for the administration of the compact as  well
 24    as  issues  and activities pertaining to compliance with the provisions of the
 25    compact and its bylaws and rules.
 26        2.  The interstate commission shall attempt, upon the request  of  a  com-
 27    pacting  state,  to  resolve any disputes or other issues which are subject to
 28    the compact and which may arise among compacting states and between compacting
 29    and noncompacting states. The commission shall promulgate a rule providing for
 30    both mediation and binding dispute resolution for disputes among the  compact-
 31    ing states.
 32        3.  The  interstate  commission, in the reasonable exercise of its discre-
 33    tion, shall enforce the provisions and rules of this compact using any or  all
 34    means set forth in article XI of this compact.
 35                                     ARTICLE VIII
 36                                       FINANCE
 37        A.  The  interstate commission shall pay or provide for the payment of the
 38    reasonable expenses of its establishment, organization and ongoing activities.
 39        B.  The interstate commission shall levy on and collect an annual  assess-
 40    ment  from  each compacting state to cover the cost of the internal operations
 41    and activities of the interstate commission and its staff which must be  in  a
 42    total  amount sufficient to cover the interstate commission's annual budget as
 43    approved each year.  The aggregate annual assessment amount shall be allocated
 44    based upon a formula to be determined by  the  interstate  commission,  taking
 45    into  consideration  the population of each compacting state and the volume of
 46    interstate movement of juveniles in each compacting state and shall promulgate
 47    a rule binding upon all compacting states which governs said assessment.
 48        C.  The interstate commission shall not incur any obligations of any  kind
 49    prior  to  securing  the funds adequate to meet the same; nor shall the inter-
 50    state commission pledge the credit of any of the compacting states, except  by
 51    and with the authority of the compacting state.
 52        D.  The interstate commission shall keep accurate accounts of all receipts
  1    and disbursements. The receipts and disbursements of the interstate commission
  2    shall  be subject to the audit and accounting procedures established under its
  3    bylaws. However, all receipts and disbursements of funds handled by the inter-
  4    state commission shall be audited yearly by a  certified  or  licensed  public
  5    accountant and the report of the audit shall be included in and become part of
  6    the annual report of the interstate commission.
  7                                      ARTICLE IX
  8                                  THE STATE COUNCIL
  9        Each  member  state  shall  create a state council for interstate juvenile
 10    supervision. While each state may determine the membership of  its  own  state
 11    council,  its membership must include at least one (1) representative from the
 12    legislative, judicial, and executive branches of government,  victims  groups,
 13    and  the compact administrator, deputy compact administrator or designee. Each
 14    compacting state retains the right to determine the qualifications of the com-
 15    pact administrator or deputy compact administrator. Each  state  council  will
 16    advise and may exercise oversight and advocacy concerning that state's partic-
 17    ipation  in interstate commission activities and other duties as may be deter-
 18    mined by that state including, but not limited to, development of policy  con-
 19    cerning operations and procedures of the compact within that state.
 20                                      ARTICLE X
 22        A.  Any  state,  the  District  of Columbia (or its designee), the Common-
 23    wealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and  the
 24    Northern Marianas Islands as defined in article II of this compact is eligible
 25    to become a compacting state.
 26        B.  The compact shall become effective and binding upon legislative enact-
 27    ment  of  the compact into law by no less than thirty-five (35) of the states.
 28    The initial effective date shall be the later of July 1, 2004, or upon  enact-
 29    ment  into  law  by  the thirty-fifth jurisdiction. Thereafter it shall become
 30    effective and binding as to any other compacting state upon enactment  of  the
 31    compact  into  law  by  that state. The governors of nonmember states or their
 32    designees shall be invited to participate in the activities of the  interstate
 33    commission on a nonvoting basis prior to adoption of the compact by all states
 34    and territories of the United States.
 35        C.  The  interstate  commission  may propose amendments to the compact for
 36    enactment by the compacting states. No amendment shall  become  effective  and
 37    binding  upon  the  interstate commission and the compacting states unless and
 38    until it is enacted into law by unanimous consent of the compacting states.
 39                                      ARTICLE XI
 41        Section A.  Withdrawal
 42        1.  Once effective, the compact shall continue in force and remain binding
 43    upon each and every compacting state; provided that  a  compacting  state  may
 44    withdraw  from the compact by specifically repealing the statute which enacted
 45    the compact into law.
 46        2.  The effective date of withdrawal is the effective date of the repeal.
 47        3.  The withdrawing state shall immediately notify the chairperson of  the
 48    interstate  commission in writing upon the introduction of legislation repeal-
 49    ing this compact in the withdrawing state.  The  interstate  commission  shall
  1    notify  the other compacting states of the withdrawing state's intent to with-
  2    draw within sixty (60) days of its receipt thereof.
  3        4.  The withdrawing state is responsible for all assessments,  obligations
  4    and  liabilities  incurred through the effective date of withdrawal, including
  5    any obligations, the performance of which extends beyond the effective date of
  6    withdrawal.
  7        5.  Reinstatement following withdrawal of any compacting state shall occur
  8    upon the withdrawing state reenacting the compact or upon such later  date  as
  9    determined by the interstate commission.
 10        Section  B.  Technical  Assistance,  Fines,  Suspension,  Termination  and
 11    Default
 12        1.  If  the interstate commission determines that any compacting state has
 13    at any time defaulted in the performance of any of its obligations or  respon-
 14    sibilities  under  this  compact, or the bylaws or duly promulgated rules, the
 15    interstate commission may impose any or all of the following penalties:
 16        a.  Remedial training and technical assistance as directed by  the  inter-
 17        state commission;
 18        b.  Alternative dispute resolution;
 19        c.  Fines,  fees, and costs in such amounts as are deemed to be reasonable
 20        as fixed by the interstate commission; and
 21        d.  Suspension or termination of membership in the compact, which shall be
 22        imposed only after all other reasonable means of securing compliance under
 23        the bylaws and rules have been exhausted and the interstate commission has
 24        therefore determined that the offending state is  in  default.   Immediate
 25        notice  of  suspension  shall be given by the interstate commission to the
 26        governor, the chief justice or the chief judicial officer  of  the  state,
 27        the  majority  and minority leaders of the defaulting state's legislature,
 28        and the state council.  The grounds for default include, but are not  lim-
 29        ited  to,  failure  of  a  compacting state to perform such obligations or
 30        responsibilities imposed upon it by this compact, the bylaws, or duly pro-
 31        mulgated rules and any other grounds designated in commission  bylaws  and
 32        rules.  The  interstate commission shall immediately notify the defaulting
 33        state in writing of the penalty imposed by the interstate  commission  and
 34        of the default pending a cure of the default.  The commission shall stipu-
 35        late  the conditions and the time period within which the defaulting state
 36        must cure its default.  If the defaulting state fails to cure the  default
 37        within  the  time period specified by the commission, the defaulting state
 38        shall be terminated from the compact upon an affirmative vote of a  major-
 39        ity  of the compacting states and all rights, privileges and benefits con-
 40        ferred by this compact shall be terminated from the effective date of ter-
 41        mination.
 42        2.  Within sixty (60) days of the  effective  date  of  termination  of  a
 43    defaulting  state, the commission shall notify the governor, the chief justice
 44    or chief judicial officer, the majority and minority leaders of the defaulting
 45    state's legislature, and the state council of such termination.
 46        3.  The defaulting state is responsible for all  assessments,  obligations
 47    and  liabilities  incurred through the effective date of termination including
 48    any obligations, the performance of which extends beyond the effective date of
 49    termination.
 50        4.  The interstate commission shall not bear any  costs  relating  to  the
 51    defaulting  state unless otherwise mutually agreed upon in writing between the
 52    interstate commission and the defaulting state.
 53        5.  Reinstatement following termination of any compacting  state  requires
 54    both  a reenactment of the compact by the defaulting state and the approval of
 55    the interstate commission pursuant to the rules.
  1        Section C.  Judicial Enforcement
  2        The interstate commission may, by majority vote of the  members,  initiate
  3    legal  action in the United States district court for the District of Columbia
  4    or, at the discretion of the interstate commission, in  the  federal  district
  5    where  the  interstate  commission has its offices, to enforce compliance with
  6    the provisions of the compact, its duly promulgated rules and bylaws,  against
  7    any  compacting state in default.  In the event judicial enforcement is neces-
  8    sary the prevailing party shall  be  awarded  all  costs  of  such  litigation
  9    including reasonable attorney's fees.
 10        Section D.  Dissolution of Compact
 11        1.  The  compact  dissolves  effective  upon the date of the withdrawal or
 12    default of the compacting state, which reduces membership in  the  compact  to
 13    one (1) compacting state.
 14        2.  Upon  the  dissolution  of  this compact, the compact becomes null and
 15    void and shall be of no further force or effect, and the business and  affairs
 16    of the interstate commission shall be concluded and any surplus funds shall be
 17    distributed in accordance with the bylaws.
 18                                     ARTICLE XII
 19                            SEVERABILITY AND CONSTRUCTION
 20        A.  The  provisions of this compact shall be severable, and if any phrase,
 21    clause, sentence or provision is deemed unenforceable,  the  remaining  provi-
 22    sions of the compact shall be enforceable.
 23        B.  The  provisions of this compact shall be liberally construed to effec-
 24    tuate its purposes.
 25                                     ARTICLE XIII
 27        Section A.  Other Laws
 28        1.  Nothing herein prevents the enforcement of any other law of a compact-
 29    ing state that is not inconsistent with this compact.
 30        2.  All compacting states' laws other than state constitutions  and  other
 31    interstate compacts conflicting with this compact are superseded to the extent
 32    of the conflict.
 33        Section B.  Binding Effect of the Compact
 34        1.  All  lawful  actions of the interstate commission, including all rules
 35    and bylaws promulgated by the interstate commission, are binding upon the com-
 36    pacting states.
 37        2.  All agreements between the interstate commission  and  the  compacting
 38    states are binding in accordance with their terms.
 39        3.  Upon  the request of a party to a conflict over meaning or interpreta-
 40    tion of interstate commission actions, and upon a majority vote  of  the  com-
 41    pacting  states, the interstate commission may issue advisory opinions regard-
 42    ing such meaning or interpretation.
 43        4.  In the event any provision of this compact exceeds the  constitutional
 44    limits  imposed  on  the legislature of any compacting state, the obligations,
 45    duties, powers or jurisdiction sought to be conferred by such  provision  upon
 46    the  interstate  commission shall be ineffective and such obligations, duties,
 47    powers or jurisdiction shall remain in the compacting state and shall be exer-
 48    cised by the agency thereof to  which  such  obligations,  duties,  powers  or
 49    jurisdiction  are  delegated by law in effect at the time this compact becomes
 50    effective.
  1        16-1902.  SHORT TITLE. This act may be cited as  the  "Interstate  Compact
  2    for Juveniles."
  3        SECTION  3.  This  act  shall  become  effective upon the enactment of the
  4    Interstate Compact for Juveniles into law by thirty-five  states  or  July  1,
  5    2004, whichever is later.

Statement of Purpose / Fiscal Impact

                     STATEMENT  OF  PURPOSE
                            RS 13475
This is an updated version of the Interstate Compact laws we
already have and 11 states have already adopted it. It is similar
to a "uniform law." This proposed legislation was developed at the
national association council for Interstate Compact for Juveniles
level. This act shall become effective upon the enactment of the
Interstate Compact for Juveniles into law by thirty-five states or
July 1, 2004, whichever is later. It amends the existing code
dealing with juveniles who are not under proper supervision and
control, or who have absconded, escaped or run away, and that the
cooperation of this state with other states is necessary to provide
for the welfare and protection of juveniles and of the people of
this state. If adopted, this state will cooperate fully with other
states in returning juveniles to other states whenever their return
is sought, and in accepting the return of juveniles whenever a
juvenile residing in this state is found or apprehended in another
state and in taking all measures to initiate proceedings for the
return of such juveniles.

                         FISCAL  IMPACT
Idaho is a participant as a member of the Interstate Compact for
Juveniles, and as such, will be assessed membership fees of $15,000
to be effective in approximately two years.

Name:     Brent D. Reinke
Agency:   Department of Juvenile Corrections
Phone:    334-5100 ext. 254

Statement of Purpose/Fiscal Impact                       H 518