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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,
Williams
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 518
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE INTERSTATE COMPACT FOR JUVENILES; REPEALING CHAPTER 19, TITLE
3 16, IDAHO CODE; AMENDING TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW
4 CHAPTER 19, TITLE 16, IDAHO CODE, AUTHORIZING AND DIRECTING THE GOVERNOR
5 OF THE STATE OF IDAHO TO EXECUTE THE INTERSTATE COMPACT FOR JUVENILES ON
6 BEHALF OF THE STATE, PROVIDING THE PURPOSE OF THE COMPACT, DEFINING TERMS,
7 PROVIDING FOR THE INTERSTATE COMMISSION FOR JUVENILES, PROVIDING FOR THE
8 POWERS AND DUTIES OF THE INTERSTATE COMMISSION, PROVIDING FOR THE ORGANI-
9 ZATION AND OPERATION OF THE INTERSTATE COMMISSION, PROVIDING FOR THE RULE-
10 MAKING FUNCTIONS OF THE INTERSTATE COMMISSION, PROVIDING FOR OVERSIGHT,
11 ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION, PROVIDING
12 FOR FINANCING OF THE INTERSTATE COMMISSION, PROVIDING FOR A STATE COUNCIL,
13 PROVIDING FOR COMPACTING STATES, THE EFFECTIVE DATE OF THE COMPACT AND
14 AMENDMENT OF THE COMPACT, PROVIDING FOR WITHDRAWAL, DEFAULT, TERMINATION
15 AND JUDICIAL ENFORCEMENT, PROVIDING FOR SEVERABILITY AND CONSTRUCTION OF
16 THE COMPACT, PROVIDING FOR THE BINDING EFFECT OF THE COMPACT AND OTHER
17 LAWS AND PROVIDING A SHORT TITLE; AND PROVIDING AN EFFECTIVE DATE.
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-
2
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.
3
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
41 INTERSTATE COMMISSION FOR JUVENILES
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
4
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
5
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
33 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
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
6
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
32 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
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;
7
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
8
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
7 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
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.
9
1 ARTICLE VII
2 OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
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
10
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
21 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
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
40 WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
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
11
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.
12
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
26 BINDING EFFECT OF COMPACT AND OTHER LAWS
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.
13
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
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.
CONTACT
Name: Brent D. Reinke
Agency: Department of Juvenile Corrections
Phone: 334-5100 ext. 254
Statement of Purpose/Fiscal Impact H 518