2013 Mississippi Code
Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE
Chapter 7 - PROBATION AND PAROLE
INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
§ 47-7-81 - Interstate Compact for Adult Offender Supervision
The Governor, on behalf of this state, may execute a compact, in substantially the following form, and the Governor, on behalf of this state, may execute a compact, in substantially the following form, and the Legislature signifies in advance its approval and ratification of such compact:
THE INTERSTATE COMPACT FOR ADULT
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
The compacting states also recognize that Congress, by enacting the Crime
Control Act, 4 USCS 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
under this compact, through means of joint and cooperative action among the
compacting states: to provide the framework for the promotion of public safety
and to 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 an interstate commission that 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 that 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
enter a receiving state and apprehend and retake any offender under
supervision subject to the provisions of this compact and bylaws and rules
promulgated under the compact.
It is the policy of the compacting states that the activities conducted by
the interstate commission created in this compact are the formation of public
policies and are therefore public business.
As used in this compact, the following words and terms have the following
meanings, unless a different meaning clearly appears from the context:
(a) "Adult" means individuals legally classified as adults and juveniles
treated as adults by court order, statute or operation of law.
(b) "Bylaws" mean 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 under this compact who is 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 that has enacted the enabling
legislation for this compact.
(e) "Commissioner" means the voting representative of each compacting
state appointed under 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 the
commissioner's designee, who shall be a person officially connected with the
(h) "Noncompacting state" means any state that 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" mean 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 respective state
council for interstate adult offender supervision created by each state under
Article III of this compact.
THE COMPACT COMMISSION
(A) The compacting states 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 in this compact,
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 or the Governor for each state. While each member state
may determine the membership of its own state council, its membership must
include at least one (1) representative from the legislative, judicial and
executive branches of government, victims groups and compact administrators.
The Mississippi state council will be appointed by the compact administrator.
The compact administrator also may appoint additional representatives to the
state council when he deems such appointments necessary. The commissioner of
corrections or his designee shall serve as the compact administrator and as
the state's commissioner on the interstate commission in such capacity
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 Governor.
The commissioner of corrections shall serve as compact administrator and
chairperson of the state council for interstate adult offender supervision. If
the commissioner of corrections appoints a designee, the designee must be a
deputy commissioner of corrections or the division director in the office of
community corrections that has operational authority over the interstate
The term of office for state council members shall be four (4) years.
The state council shall meet at least twice a year. The state council may
advise the compact administrator on participation in the interstate commission
activities and administration of the compact. Members of the council are
entitled to reimbursement for travel and expenses related to the interstate
commission as provided by state law.
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; the
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 ex
officio (nonvoting) members. The interstate commission may provide in its
bylaws for such additional, ex officio (nonvoting) members as it deems
(D) Each compacting state represented at any meeting of the interstate
commission is entitled to one (1) vote. A majority of the compacting states
constitutes 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
twenty-seven (27) or more compacting states, shall call additional meetings.
Public notice shall be given of all meetings and meetings shall be open to the
(F) The interstate commission shall establish an executive committee
that shall include commission officers, members and others as determined by
the bylaws. The executive committee has the power to act on behalf of the
interstate commission during periods when the interstate commission is not in
session, with the exception of rule-making or amendment to the compact, or
both. 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 the commission or set forth in the bylaws.
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 that have the force and effect of statutory law
and are 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 that 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
(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. These reports shall 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 that activity.
(19) To establish uniform standards for the reporting, collecting and
exchanging of data.
ORGANIZATION AND OPERATION OF THE
Section A. Bylaws
The interstate commission, by a majority of the members within twelve (12)
months of the first interstate commission meeting, shall adopt such 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
(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
(e) Establishing the titles and responsibilities of the officers of the
(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 govern exclusively the personnel policies and programs
of the interstate commission;
(g) Providing a mechanism for concluding 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 or reserving, or
both, of all of its debts and obligations;
(h) Providing transition rules for the "start up" administration of the
(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 elect from among its members, by a
majority of the 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 the chairperson's 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; however, 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, through its executive committee, shall
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 the executive director shall not be a member of
the interstate commission.
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; however,
nothing in this paragraph may be construed to protect any such person from
suit or liability, or both, for any damage, 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 the commissioner's 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 which the defendant had a
reasonable basis for believing occurred within the scope of interstate
commission employment, duties or responsibilities if 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 which such persons had a
reasonable basis for believing occurred within the scope of interstate
commission employment, duties or responsibilities if the actual or alleged
act, error or omission did not result from gross negligence or intentional
wrongdoing on the part of such person.
ACTIVITIES OF THE INTERSTATE COMMISSION
(1) The interstate commission shall meet and take such actions as are
consistent with 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, the act must be taken at a meeting of the interstate
commission and must receive an affirmative vote of a majority of the members
(3) Each member of the interstate commission has 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 may not delegate a vote to another member
state. However, the compact administrator 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 that 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 USCS 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 ( 2/3) 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) disclosure 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 condition 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; (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 certify publicly that, in the legal
officer's opinion, the meeting may be closed to the public and shall reference
each relevant exemptive provision. The interstate commission shall keep
minutes that shall describe fully and clearly, 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.
RULE-MAKING FUNCTIONS OF THE INTERSTATE
(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) Rule-making shall occur pursuant to the criteria set forth in this
article and the bylaws and rules adopted pursuant thereto. Such rule-making
shall substantially conform to the principles of the federal Administrative
Procedure Act, 5 USCS Section 551 et seq., and the Federal Advisory Committee
Act, 5 USCS App. 2, Section 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 that rule shall have no further force and effect in any
(5) When promulgating a rule, the interstate commission shall: (a)
publish the proposed rule stating with particularity the text of the rule that
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 rule-making record.
(6) Not later than sixty (60) 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 the rule. If
the court finds that the interstate commission's action is not supported by
substantial evidence (as defined in the APA) in the rule-making record, the
court shall hold the rule unlawful and set it aside.
(7) Subjects to be addressed within twelve (12) months after the first
meeting must include, at a minimum: (a) notice to victims and opportunity to
be heard; (b) offender registration and compliance; (c) violations and
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; and
(j) mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previous compact
superceded by this compact shall be null and void twelve (12) months after the
first meeting of the interstate commission created under this compact.
(8) Upon determination by the interstate commission that an emergency
exists, the interstate commission may promulgate an emergency rule that shall
become effective immediately upon adoption; however, the usual rule-making
procedures provided under this compact shall be applied retroactively to that
rule as soon as reasonably possible, and in no event, later than ninety (90)
days after the effective date of the rule.
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 significantly may affect
(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 shall 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 that 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.
Section D. Retaking Cases From Another Jurisdiction
The duly accredited officers of a sending state may enter a receiving state
and apprehend and retake any person on probation or parole according to the
laws of the United States. For that purpose, the sending state must establish
the authority of the officer and the identity of the person or persons to be
retaken. The person or persons must be afforded a preliminary hearing
consistent with due process requirements under the United States Constitution
as interpreted by the Supreme Court of the United States. All legal
requirements to extradition of fugitives from justice are waived expressly on
the part of states that are parties to this compact as to such persons. The
decision of the sending state to retake a person on probation or parole is
conclusive and not reviewable within the receiving state; however, if, at the
time a state seeks to retake a probationer or parolee, there is pending
against him within the receiving state a criminal charge or if he is suspected
of having committed within that state a criminal offense, the probationer or
parolee may not be retaken without the consent of the receiving state until
the probationer or parolee is discharged from prosecution or from imprisonment
for such offense. The duly accredited officers of the sending state may
transport prisoners being retaken through any state that is a party to this
compact without interference.
(1) The interstate commission shall pay or provide for the payment of
the reasonable expenses of its establishment, organization and ongoing
(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
levy 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. The
interstate commission shall promulgate a rule binding upon all compacting
states which governs the assessment.
(3) The interstate commission shall not incur any obligations of any
kind before securing the funds adequate to meet the obligations. The
interstate commission may not 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.
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 thirty-five (35) of the
states. The initial effective date shall be the later of July 1, 2004, 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 before 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 enactment by the compacting states. No amendment shall become
effective and binding upon the interstate commission and the compacting states
unless it is enacted into law by unanimous consent of the compacting states.
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
Section A. Withdrawal
(1) Once effective, the compact shall continue in force and remain
binding upon every compacting state; however, a compacting state may withdraw
from the compact ("withdrawing state") by enacting a statute specifically
repealing the statute that enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall notify immediately 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 (60) days of its
receipt of the notification.
(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
(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
(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, 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 (60) 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
(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
(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 by majority vote of the members, may 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
compact, its duly promulgated rules and bylaws against any compacting state in
default. If judicial enforcement is necessary, the prevailing party shall be
awarded all costs of the litigation, including reasonable attorney's 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
(1) 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 concluded and any surplus funds shall be
distributed in accordance with the bylaws.
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 construed to
effectuate its purposes.
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
(1) Nothing in this compact prevents the enforcement of any other law of
a compacting state which 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 the 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) If 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 of that state to which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
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