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439.561 Interstate Compact for Adult Offender Supervision.
(1)
The Governor of this Commonwealth is authorized and directed to execute a
compact on behalf of the Commonwealth with any of the United States legally
joining therein in the form substantially as follows:
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is
responsible for the supervision of adult offenders in the community who are
authorized pursuant to the bylaws and rules of this compact to travel across state
lines both to and from each compacting state in such a manner as to track the
location of offenders, transfer supervision authority in an orderly and efficient
manner, and when necessary return offenders to the originating jurisdictions.
The compacting states also recognize that Congress, by enacting the Crime Control
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact and the interstate commission created hereunder,
through means of joint and cooperative action among the compacting states: to
provide the framework for the promotion of public safety and protect the rights of
victims through the control and regulation of the interstate movement of offenders in
the community; to provide for the effective tracking, supervision, and rehabilitation of
these offenders by the sending and receiving states; and to equitably distribute the
costs, benefits, and obligations of the compact among the compacting states.
In addition, this compact will: create a interstate commission which will establish
uniform procedures to manage the movement between states of adults placed under
community supervision and released to the community under the jurisdiction of
courts, paroling authorities, corrections, or other criminal justice agencies which will
promulgate rules to achieve the purpose of this compact; ensure an opportunity for
input and timely notice to victims and to jurisdictions where defined offenders are
authorized to travel or to relocate across state lines; establish a system of uniform
data collection, access to information on active cases by authorized criminal justice
officials, and regular reporting of compact activities to heads of state councils, state
executive, judicial, and legislative branches and criminal justice administrators;
monitor compliance with rules governing interstate movement of offenders and
initiate interventions to address and correct noncompliance; and coordinate training
and education regarding regulations of interstate movement of offenders for officials
involved in such activity.
The compacting states recognize that there is no "right" of any offender to live in
another state and that duly accredited officers of a sending state may at all times
enter a receiving state and there apprehend and retake any offender under
supervision subject to the provisions of this compact and bylaws and rules
promulgated hereunder.
It is the policy of the compacting states that the activities conducted by the interstate
commission created herein are the formation of public policies and are therefore
public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
A. "Adult" means both individuals legally classified as adults and juveniles treated
as adults by court order, statute, or operation of law.
B. "Bylaws" means those bylaws established by the interstate commission for its
governance, or for directing or controlling the interstate commission's actions or
conduct.
C. "Compact administrator" means the individual in each compacting state
appointed pursuant to the terms of this compact responsible for the administration
and management of the state's supervision and transfer of offenders subject to the
terms of this compact, the rules adopted by the interstate commission, and policies
adopted by the state council under this compact.
D. "Compacting state" means any state which has enacted the enabling legislation
for this compact.
E. "Commissioner" means the voting representative of each compacting state
appointed pursuant to Article III of this compact.
F. "Interstate commission" means the Interstate Commission for Adult Offender
Supervision established by this compact.
G. "Member" means the commissioner of a compacting state or designee, who shall
be a person officially connected with the commissioner.
H. "Noncompacting state" means any state which has not enacted the enabling
legislation for this compact.
I. "Offender" means an adult placed under, or subject to, supervision as the result of
the commission of a criminal offense and released to the community under the
jurisdiction of courts, paroling authorities, corrections, or other criminal justice
agencies.
J. "Person" means any individual, corporation, business enterprise, or other legal
entity, either public or private.
K. "Rules" means acts of the interstate commission, duly promulgated pursuant to
Article VII of this compact, substantially affecting interested parties in addition to the
interstate commission, which shall have the force and effect of law in the compacting
states.
L. "State" means a state of the United States, the District of Columbia, and any
other territorial possessions of the United States.
M. "State council" means the resident members of the State Council for Interstate
Adult Offender Supervision created by each state under Article III of this compact.
ARTICLE III
THE COMPACT COMMISSION
A. The compacting states hereby create the "Interstate Commission for Adult
Offender Supervision." The interstate commission shall be a body corporate and
joint agency of the compacting states. The interstate commission shall have all the
responsibilities, powers, and duties set forth herein, including the power to sue and
be sued, and such additional powers as may be conferred upon it by subsequent
action of the respective legislatures of the compacting states in accordance with the
terms of this compact.
B. The interstate commission shall consist of commissioners selected and
appointed by resident members of a state council for interstate adult offender
supervision for each state. While each member state may determine the
membership of its own state council, its membership must include at least one
representative from the legislative, judicial, and executive branches of government,
victims groups, and compact administrators. Each state council shall appoint as its
commissioner the compact administrator from that state to serve on the interstate
commission in such capacity under or pursuant to applicable law of the member
state. Each compacting state retains the right to determine the qualifications of the
compact administrator who shall be appointed by the state council or by the
Governor in consultation with the legislature and the judiciary.
In addition to appointment of its commissioner to the national interstate commission,
each state council shall exercise oversight and advocacy concerning its participation
in interstate commission activities and other duties as may be determined by each
member state, including, but not limited to, development of policy concerning
operations and procedures of the compact within that state.
C. In addition to the commissioners who are the voting representatives of each
state, the interstate commission shall include individuals who are not commissioners
but who are members of interested organizations; such noncommissioner members
must include a member of the national organizations of governors, legislators, state
chief justices, attorneys general, and crime victims. All noncommissioner members
of the interstate commission shall be exofficio (nonvoting) members. The interstate
commission may provide in its bylaws for such additional exofficio, nonvoting
members as it deems necessary.
D. Each compacting state represented at any meeting of the interstate commission
is entitled to one vote. A majority of the compacting states shall constitute a quorum
for the transaction of business, unless a larger quorum is required by the bylaws of
the interstate commission.
E. The interstate commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of 27 or more
compacting states, shall call additional meetings. Public notice shall be given of all
meetings and meetings shall be open to the public.
F. The interstate commission shall establish an executive committee which shall
include commission officers, members, and others as shall be determined by the
bylaws. The executive committee shall have the power to act on behalf of the
interstate commission during periods when the interstate commission is not in
session, with the exception of rulemaking and/or amendment to the compact. The
executive committee oversees the day-to-day activities managed by the executive
director and interstate commission staff; administers enforcement and compliance
with the provisions of the compact, its bylaws, and as directed by the interstate
commission and performs other duties as directed by commission or set forth in the
bylaws.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
1. To adopt a seal and suitable bylaws governing the management and operation of
the interstate commission.
2. To promulgate rules which shall have the force and effect of statutory law and
shall be binding in the compacting states to the extent and in the manner provided in
this compact.
3. To oversee, supervise, and coordinate the interstate movement of offenders
subject to the terms of this compact and any bylaws adopted and rules promulgated
by the compact commission.
4. To enforce compliance with compact provisions, interstate commission rules, and
bylaws, using all necessary and proper means, including, but not limited to, the use
of judicial process.
5. To establish and maintain offices.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, or contract for services of personnel, including, but not limited
to, members and their staffs.
8. To establish and appoint committees and hire staff which it deems necessary for
the carrying out of its functions including, but not limited to, an executive committee
as required by Article III which shall have the power to act on behalf of the interstate
commission in carrying out its powers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents, or consultants,
and to fix their compensation, define their duties, and determine their qualifications;
and to establish the interstate commission's personnel policies and programs
relating to, among other things, conflicts of interest, rates of compensation, and
qualifications of personnel.
10. To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose of same.
11. To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve, or use any property, real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed.
13. To establish a budget and make expenditures and levy dues as provided in
Article IX of this compact.
14. To sue and be sued.
15. To provide for dispute resolution among compacting states.
16. To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.
17. To report annually to the legislatures, governors, judiciary, and state councils of
the compacting states concerning the activities of the interstate commission during
the preceding year. Such reports shall also include any recommendations that may
have been adopted by the interstate commission.
18. To coordinate education, training, and public awareness regarding the interstate
movement of offenders for officials involved in such activity.
19. To establish uniform standards for the reporting, collecting, and exchanging of
data.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
1. The interstate commission shall, by a majority of the members, within twelve
months of the first interstate commission meeting, adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:
a. Establishing the fiscal year of the interstate commission;
b. Establishing an executive committee and such other committees as may be
necessary;
c. Providing reasonable standards and procedures:
(i) For the establishment of committees, and
(ii) Governing any general or specific delegation of any authority or function
of the interstate commission;
d. Providing reasonable procedures for calling and conducting meetings of the
interstate commission, and ensuring reasonable notice of each such meeting;
. Establishing the titles and responsibilities of the officers of the interstate
commission;
f. Providing reasonable standards and procedures for the establishment of the
personnel policies and programs of the interstate commission. Notwithstanding any
civil service or other similar laws of any compacting state, the bylaws shall
exclusively govern the personnel policies and programs of the interstate
commission;
g. Providing a mechanism for winding up the operations of the interstate
commission and the equitable return of any surplus funds that may exist upon the
termination of the compact after the payment and/or reserving of all of its debts and
obligations;
h. Providing transition rules for "start up" administration of the compact; and
i. Establishing standards and procedures for compliance and technical assistance in
carrying out the compact.
Section B. Officers and Staff
1. The interstate commission shall, by a majority of the members, elect from among
its members a chairperson and a vice chairperson, each of whom shall have such
authorities and duties as may be specified in the bylaws. The chairperson or, in his
or her absence or disability, the vice chairperson, shall preside at all meetings of the
interstate commission. The officers so elected shall serve without compensation or
remuneration from the interstate commission; provided that, subject to the
availability of budgeted funds, the officers shall be reimbursed for any actual and
necessary costs and expenses incurred by them in the performance of their duties
and responsibilities as officers of the interstate commission.
2. The interstate commission shall, through its executive committee, appoint or
retain an executive director for such period, upon such terms and conditions and for
such compensation as the interstate commission may deem appropriate. The
executive director shall serve as secretary to the interstate commission, and hire and
supervise such other staff as may be authorized by the interstate commission, but
shall not be a member.
Section C. Corporate Records of the Interstate Commission
The interstate commission shall maintain its corporate books and records in
accordance with the bylaws.
Section D. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, and employees of the interstate
commission shall be immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused or arising out of any actual or alleged act, error, or
omission that occurred within the scope of interstate commission employment,
duties, or responsibilities; provided, that nothing in this paragraph shall be construed
to protect any such person from suit and/or liability for any damaged, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of any such
person.
2. The interstate commission shall defend the commissioner of a compacting state,
or his or her representatives or employees, or the interstate commission's
representatives or employees, in any civil action seeking to impose liability, arising
out of any actual or alleged act, error, or omission that occurred within the scope of
interstate commission employment, duties, or responsibilities, or that the defendant
had a reasonable basis for believing occurred within the scope of interstate
commission employment, duties, or responsibilities; provided, that the actual or
alleged act, error, or omission did not result from intentional wrongdoing on the part
of such person.
3. The interstate commission shall indemnify and hold the commissioner of a
compacting state, the appointed designee or employees, or the interstate
commission's representatives or employees, harmless in the amount of any
settlement or judgment obtained against such persons arising out of any actual or
alleged act, error, or omission that occurred within the scope of interstate
commission employment, duties, or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of interstate commission
employment, duties, or responsibilities, provided, that the actual or alleged act, error,
or omission did not result from gross negligence or intentional wrongdoing on the
part of such person.
ARTICLE VI
ACTIVITIES OF THE INTERSTATE COMMISSION
1. The interstate commission shall meet and take such actions as are consistent
with the provisions of this compact.
2. Except as otherwise provided in this compact and unless a greater percentage is
required by the bylaws, in order to constitute an act of the interstate commission,
such act shall have been taken at a meeting of the interstate commission and shall
have received an affirmative vote of a majority of the members present.
3. Each member of the interstate commission shall have the right and power to cast
a vote to which that compacting state is entitled and to participate in the business
and affairs of the interstate commission. A member shall vote in person on behalf of
the state and shall not delegate a vote to another member state. However, a state
council shall appoint another authorized representative, in the absence of the
commissioner from that state, to cast a vote on behalf of the member state at a
specified meeting. The bylaws may provide for members' participation in meetings
by telephone or other means of telecommunication or electronic communication. Any
voting conducted by telephone, or other means of telecommunication or electronic
communication, shall be subject to the same quorum requirements of meetings
where members are present in person.
4. The interstate commission shall meet at least once during each calendar year.
The chairperson of the interstate commission may call additional meetings at any
time and, upon the request of a majority of the members, shall call additional
meetings.
5. The interstate commission's bylaws shall establish conditions and procedures
under which the interstate commission shall make its information and official records
available to the public for inspection or copying. The interstate commission may
exempt from disclosure any information or official records to the extent they would
adversely affect personal privacy rights or proprietary interests. In promulgating such
rules, the interstate commission may make available to law enforcement agencies
records and information otherwise exempt from disclosure, and may enter into
agreements with law enforcement agencies to receive or exchange information or
records subject to nondisclosure and confidentiality provisions.
6. Public notice shall be given of all meetings, and all meetings shall be open to the
public, except as set forth in the rules or as otherwise provided in the compact. The
interstate commission shall promulgate rules consistent with the principles contained
in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be amended.
The interstate commission and any of its committees may close a meeting to the
public where it determines by two-thirds vote that an open meeting would be likely
to:
a. Relate solely to the interstate commission's internal personnel practices and
procedures;
b. Disclose matters specifically exempted from disclosure by statute;
c. Disclose trade secrets or commercial or financial information which is privileged
or confidential;
d. Involve accusing any person of a crime, or formally censuring any person;
e. Disclose information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
f. Disclose investigatory records compiled for law enforcement purposes;
g. Disclose information contained in or related to examination, operating, or
conditions reports prepared by, or on behalf of or for the use of, the interstate
commission with respect to a regulated entity for the purpose of regulation or
supervision of such entity;
h. Disclose information, the premature disclosure of which would significantly
endanger the life of a person or the stability of a regulated entity; or
i. Specifically relate to the interstate commission's issuance of a subpoena, or its
participation in a civil action or proceeding.
7. For every meeting closed pursuant to this provision, the interstate commission's
chief legal officer shall publicly certify that, in his or her opinion, the meeting may be
closed to the public, and shall reference each relevant exemptive provision. The
interstate commission shall keep minutes which shall fully and clearly describe all
matters discussed in any meeting and shall provide a full and accurate summary of
any actions taken, and the reasons therefor, including a description of each of the
views expressed on any item and the record of any roll call vote (reflected in the vote
of each member on the question). All documents considered in connection with any
action shall be identified in such minutes.
8. The interstate commission shall collect standardized data concerning the
interstate movement of offenders as directed through its bylaws and rules which
shall specify the data to be collected, the means of collection, and data exchange
and reporting requirements.
ARTICLE VII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
1. The interstate commission shall promulgate rules in order to effectively and
efficiently achieve the purposes of the compact including transition rules governing
administration of the compact during the period in which it is being considered and
enacted by the states;
2. Rulemaking shall occur pursuant to the criteria set forth in this article and the
bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially
conform to the principles of the Federal Administrative Procedure Act, 5 U.S.C.
Sections 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. App. 2,
Sections 1 et seq., as may be amended (hereinafter "APA").
3. All rules and amendments shall become binding as of the date specified in each
rule or amendment.
4. If a majority of the legislatures of the compacting states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the compact,
then such rule shall have no further force and effect in any compacting state.
5. When promulgating a rule, the interstate commission shall:
a. Publish the proposed rule stating with particularity the text of the rule which is
proposed and the reason for the proposed rule;
b. Allow persons to submit written data, facts, opinions, and arguments, which
information shall be publicly available;
c. Provide an opportunity for an informal hearing; and
d. Promulgate a final rule and its effective date, if appropriate, based on the
rulemaking record.
6. Not later than sixty days after a rule is promulgated, any interested person may
file a petition in the United States District Court for the District of Columbia or in the
Federal District Court where the interstate commission's principal office is located for
judicial review of such rule. If the court finds that the interstate commission's action
is not supported by substantial evidence (as defined in the APA) in the rulemaking
record, the court shall hold the rule unlawful and set it aside.
7. Subjects to be addressed within 12 months after the first meeting must at a
minimum include:
a. Notice to victims and opportunity to be heard;
b. Offender registration and compliance;
c. Violations/returns;
d. Transfer procedures and forms;
e. Eligibility for transfer;
f. Collection of restitution and fees from offenders;
g. Data collection and reporting;
h. The level of supervision to be provided by the receiving state;
i. Transition rules governing the operation of the compact and the interstate
commission during all or part of the period between the effective date of the compact
and the date on which the last eligible state adopts the compact;
j. Mediation, arbitration, and dispute resolution.
The existing rules governing the operation of the previous compact superseded by
this compact shall be null and void twelve (12) months after the first meeting of the
interstate commission created hereunder.
8. Upon determination by the interstate commission that an emergency exists, it
may promulgate an emergency rule which shall become effective immediately upon
adoption, provided that the usual rulemaking procedures provided hereunder shall
be retroactively applied to said rule as soon as reasonably possible, in no event later
than 90 days after the effective date of the rule.
ARTICLE VIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Section A. Oversight
1. The interstate commission shall oversee the interstate movement of adult
offenders in the compacting states and shall monitor such activities being
administered in noncompacting states which may significantly affect compacting
states.
2. The courts and executive agencies in each compacting state shall enforce this
compact and shall take all actions necessary and appropriate to effectuate the
compact's purposes and intent. In any judicial or administrative proceeding in a
compacting state pertaining to the subject matter of this compact which may affect
the powers, responsibilities, or actions of the interstate commission, the interstate
commission shall be entitled to receive all service of process in any such
proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
1. The compacting states shall report to the interstate commission on issues or
activities of concern to them, and cooperate with and support the interstate
commission in the discharge of its duties and responsibilities.
2. The interstate commission shall attempt to resolve any disputes or other issues
which are subject to the compact and which may arise among compacting states
and noncompacting states.
3. The interstate commission shall enact a bylaw or promulgate a rule providing for
both mediation and binding dispute resolution for disputes among the compacting
states.
Section C. Enforcement
The interstate commission, in the reasonable exercise of its discretion, shall enforce
the provisions of this compact using any or all means set forth in Article XI, Section
B, of this compact.
ARTICLE IX
FINANCE
1. The interstate commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The interstate commission shall levy on and collect an annual assessment from
each compacting state to cover the cost of the internal operations and activities of
the interstate commission and its staff which must be in a total amount sufficient to
cover the interstate commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon a formula to be
determined by the interstate commission, taking into consideration the population of
the state and the volume of interstate movement of offenders in each compacting
state and shall promulgate a rule binding upon all compacting states which governs
said assessment.
3. The interstate commission shall not incur any obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the interstate commission
pledge the credit of any of the compacting states, except by and with the authority of
the compacting state.
4. The interstate commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the interstate commission shall
be subject to the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the interstate
commission shall be audited yearly by a certified or licensed public accountant and
the report of the audit shall be included in and become part of the annual report of
the interstate commission.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
1. Any state, as defined in Article II of this compact, is eligible to become a
compacting state.
2. The compact shall become effective and binding upon legislative enactment of
the compact into law by no less than 35 of the states. The initial effective date shall
be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction.
Thereafter it shall become effective and binding, as to any other compacting state,
upon enactment of the compact into law by that state. The governors of nonmember
states or their designees will be invited to participate in interstate commission
activities on a nonvoting basis prior to adoption of the compact by all states and
territories of the United States.
3. Amendments to the compact may be proposed by the interstate commission for
the enactment by the compacting states. No amendment shall become effective and
binding upon the interstate commission and the compacting states unless and until it
is enacted into law by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION,
AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
1. Once effective, the compact shall continue in force and remain binding upon
each and every compacting state; provided, that a compacting state may withdraw
from the compact ("withdrawing state") by enacting a statute specifically repealing
the statute which enacted the compact into law.
2. The effective date of withdrawal is the effective date of the repeal.
3. The withdrawing state shall immediately notify the chairperson of the interstate
commission in writing upon the introduction of legislation repealing this compact in
the withdrawing state.
4. The interstate commission shall notify the other compacting states of the
withdrawing state's intent to withdraw within sixty days of its receipt thereof.
5. The withdrawing state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of withdrawal, including any obligations,
the performance of which extend beyond the effective date of withdrawal.
6. Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by
the interstate commission.
Section B. Default
1. If the interstate commission determines that any compacting state has at any
time defaulted ("defaulting state") in the performance of any of its obligations or
responsibilities under this compact, the bylaws, or any duly promulgated rules, the
interstate commission may impose any or all of the following penalties:
a. Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed
by the interstate commission;
b. Remedial training and technical assistance as directed by the interstate
commission;
c. Suspension and termination of membership in the compact. Suspension shall be
imposed only after all other reasonable means of securing compliance under the
bylaws and rules have been exhausted. Immediate notice of suspension shall be
given by the interstate commission to the governor, the chief justice or chief judicial
officer of the state, the majority and minority leaders of the defaulting state's
legislature, and the state council. The grounds for default include, but are not limited
to, failure of a compacting state to perform such obligations or responsibilities
imposed upon it by this compact, interstate commission bylaws, or duly promulgated
rules. The interstate commission shall immediately notify the defaulting state in
writing of the penalty imposed by the interstate commission on the defaulting state
pending a cure of the default. The interstate commission shall stipulate the
conditions and the time period within which the defaulting state must cure its default.
If the defaulting state fails to cure the default within the time period specified by the
interstate commission, in addition to any other penalties imposed herein, the
defaulting state may be terminated from the compact upon an affirmative vote of a
majority of the compacting states and all rights, privileges, and benefits conferred by
this compact shall be terminated from the effective date of suspension.
2. Within sixty days of the effective date of termination of a defaulting state, the
interstate commission shall notify the governor, the chief justice or chief judicial
officer, and the majority and minority leaders of the defaulting state's legislature and
the state council of such termination.
3. The defaulting state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of termination including any obligations, the
performance of which extends beyond the effective date of termination.
4. The interstate commission shall not bear any costs relating to the defaulting state
unless otherwise mutually agreed upon between the interstate commission and the
defaulting state.
5. Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the interstate
commission pursuant to the rules.
Section C. Judicial Enforcement
The interstate commission may, by majority vote of the members, initiate legal action
in the United States District Court for the District of Columbia or, at the discretion of
the interstate commission, in the federal district where the interstate commission has
its offices to enforce compliance with the provisions of the compact, its duly
promulgated rules, and bylaws, against any compacting state in default. In the event
judicial enforcement is necessary, the prevailing party shall be awarded all costs of
such litigation including reasonable attorneys fees.
Section D. Dissolution of Compact
1. The compact dissolves effective upon the date of the withdrawal or default of the
compacting state which reduces membership in the compact to one compacting
state.
2. Upon the dissolution of this compact, the compact becomes null and void and
shall be of no further force or effect, and the business and affairs of the interstate
commission shall be wound up and any surplus funds shall be distributed in
accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
1. The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of the
compact shall be enforceable.
2. The provisions of this compact shall be liberally constructed to effectuate its
purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
1. Nothing herein prevents the enforcement of any other law of a compacting state
that is not inconsistent with this compact.
2. All compacting states' laws conflicting with this compact are superseded to the
extent of the conflict.
Section B. Binding Effect of the Compact
1. All lawful actions of the interstate commission, including all rules and bylaws
promulgated by the interstate commission, are binding upon the compacting states.
2. All agreements between the interstate commission and the compacting states are
binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning or interpretation of
interstate commission actions, and upon a majority vote of the compacting states,
the interstate commission may issue advisory opinions regarding such meaning or
interpretation.
4. In the event any provision of this compact exceeds the constitutional limits
imposed on the legislature of any compacting state, the obligations, duties, powers,
or jurisdiction sought to be conferred by such provision upon the interstate
commission shall be ineffective and such obligations, duties, powers, or jurisdiction
shall remain in the compacting state and shall be exercised by the agency thereof to
which such obligations, duties, powers, or jurisdiction are delegated by law in effect
at the time this compact becomes effective.
(2) This compact may be cited as the Interstate Compact for Adult Offender
Supervision.
Effective:June 19, 2002
History: Created 2000 Ky. Acts ch. 473, sec. 1, effective June 19, 2002.
Legislative Research Commission Note (6/19/2002). Under 2000 Ky. Acts ch.
473, sec. 4, this section "takes effect the later of July 1, 2001, or upon
enactment of the Interstate Compact for Adult Offender Supervision, in
substantially the form set out in [this section], by no less than thirty-five states,
as that term is defined in [this section]." On June 19, 2002, the thirty-fifth state
enacted the compact, and this section took effect.
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