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

OFFENDER SUPERVISION

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 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.

ARTICLE II

DEFINITIONS

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

commissioner.

(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.

ARTICLE III

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

compact division.

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

necessary.

(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

public.

(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.

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 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

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. 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.

ARTICLE V

ORGANIZATION AND OPERATION OF THE

INTERSTATE COMMISSION

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

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

commission meeting;

(e) 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 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

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 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.

ARTICLE VI

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

present.

(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.

ARTICLE VII

RULE-MAKING 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) 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

compacting state.

(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.

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 significantly may 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 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.

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

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.

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 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.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL

ENFORCEMENT

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

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, 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

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 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.

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 construed to

effectuate its purposes.

ARTICLE XIII

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.