2005 Nevada Revised Statutes - Chapter 62I — Interstate Compact for Juveniles

CHAPTER 62I - INTERSTATE COMPACT FORJUVENILES

NRS 62I.010 Executionof Compact. [Effective through June 30, 2006, or until enactment of theInterstate Compact for Juveniles into law by the 35th jurisdiction, whicheveris later.]

NRS 62I.015 Textof Compact. [Effective July 1, 2006, or upon enactment of the InterstateCompact for Juveniles into law by the 35th jurisdiction, whichever is later.]

NRS 62I.020 Authorizedamendment to Compact. [Effective through June 30, 2006, or until enactment ofthe Interstate Compact for Juveniles into law by the 35th jurisdiction,whichever is later.]

NRS 62I.025 Paymentof claims from Reserve for Statutory Contingency Account. [Effective July 1,2006, or upon enactment of the Interstate Compact for Juveniles into law by the35th jurisdiction, whichever is later.]

NRS 62I.030 Administrator:Designation; powers and duties. [Effective through June 30, 2006, or untilenactment of the Interstate Compact for Juveniles into law by the 35thjurisdiction, whichever is later.]

NRS 62I.040 Executionof supplementary agreements by Administrator; limitations. [Effective throughJune 30, 2006, or until enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later.]

NRS 62I.050 Paymentof claims from Reserve for Statutory Contingency Account. [Effective throughJune 30, 2006, or until enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later.]

NRS 62I.060 Paymentof fees of attorneys and guardians ad litem. [Effective through June 30, 2006,or until enactment of the Interstate Compact for Juveniles into law by the 35thjurisdiction, whichever is later.]

NRS 62I.070 Responsibilitiesof state departments, agencies and officers. [Effective through June 30, 2006,or until enactment of the Interstate Compact for Juveniles into law by the 35thjurisdiction, whichever is later.]

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NRS 62I.010 Executionof Compact. [Effective through June 30, 2006, or until enactment of theInterstate Compact for Juveniles into law by the 35th jurisdiction, whicheveris later.] The Governor is hereby authorizedand directed to execute a compact on behalf of this State with any other stateor states legally joining therein in the form substantially as follows:

 

Interstate Compact onJuveniles

 

The contracting states solemnly agree:

 

ARTICLE IFindings andPurposes

 

That juveniles who are not under proper supervision andcontrol, or who have absconded, escaped or run away, are likely to endangertheir own health, morals and welfare, and the health, morals and welfare ofothers. The cooperation of the states party to this compact is therefore necessaryto provide for the welfare and protection of juveniles and of the public withrespect to (1) cooperative supervision of delinquent juveniles on probation orparole; (2) the return, from one state to another, of delinquent juveniles whohave escaped or absconded; (3) the return, from one state to another, ofnondelinquent juveniles who have run away from home; and (4) additionalmeasures for the protection of juveniles and of the public, which any two ormore of the party states may find desirable to undertake cooperatively. Incarrying out the provisions of this compact the party states shall be guided bythe noncriminal, reformative and protective policies which guide their lawsconcerning delinquent, neglected or dependent juveniles generally. It shall bethe policy of the states party to this compact to cooperate and observe theirrespective responsibilities for the prompt return and acceptance of juvenilesand delinquent juveniles who become subject to the provisions of this compact.The provisions of this compact shall be reasonably and liberally construed toaccomplish the foregoing purposes.

 

ARTICLE IIExistingRights and Remedies

 

That all remedies and procedures provided by thiscompact shall be in addition to and not in substitution for other rights,remedies and procedures, and shall not be in derogation of parental rights andresponsibilities.

 

ARTICLEIIIDefinitions

 

That, for the purposes of this compact, delinquentjuvenile means any juvenile who has been adjudged delinquent and who, at thetime the provisions of this compact are invoked, is still subject to thejurisdiction of the court that has made such adjudication or to thejurisdiction or supervision of an agency or institution pursuant to an order ofsuch court; probation or parole means any kind of conditional release ofjuveniles authorized under the laws of the states party hereto; court meansany court having jurisdiction over delinquent, neglected or dependent children;state means any state, territory or possession of the United States, theDistrict of Columbia, and the Commonwealth of Puerto Rico; and residence orany variant thereof means a place at which a home or regular place of abode ismaintained.

 

ARTICLE IVReturn ofRunaways

 

(a) That the parent, guardian, person or agencyentitled to legal custody of a juvenile who has not been adjudged delinquentbut who has run away without the consent of such parent, guardian, person oragency may petition the appropriate court in the demanding state for theissuance of a requisition for his return. The petition shall state the name andage of the juvenile, the name of the petitioner and the basis of entitlement tothe juveniles custody, the circumstances of his running away, his location ifknown at the time application is made, and such other facts as may tend to showthat the juvenile who has run away is endangering his own welfare or the welfareof others and is not an emancipated minor. The petition shall be verified byaffidavit, shall be executed in duplicate, and shall be accompanied by twocertified copies of the document or documents on which the petitionersentitlement to the juveniles custody is based, such as birth certificates,letters of guardianship, or custody decrees. Such further affidavits and otherdocuments as may be deemed proper may be submitted with such petition. Thejudge of the court to which this application is made may hold a hearing thereonto determine whether for the purposes of this compact the petitioner isentitled to the legal custody of the juvenile, whether or not it appears thatthe juvenile has in fact run away without consent, whether or not he is anemancipated minor, and whether or not it is in the best interest of thejuvenile to compel his return to the state. If the judge determines, eitherwith or without a hearing, that the juvenile should be returned, he shallpresent to the appropriate court or to the executive authority of the statewhere the juvenile is alleged to be located a written requisition for thereturn of such juvenile. Such requisition shall set forth the name and age ofthe juvenile, the determination of the court that the juvenile has run awaywithout the consent of a parent, guardian, person or agency entitled to hislegal custody, and that it is in the best interest and for the protection ofsuch juvenile that he be returned. In the event that a proceeding for theadjudication of the juvenile as a delinquent, neglected or dependent juvenileis pending in the court at the time when such juvenile runs away, the court mayissue a requisition for the return of such juvenile upon its own motion,regardless of the consent of the parent, guardian, person or agency entitled tolegal custody, reciting therein the nature and circumstances of the pendingproceeding. The requisition shall in every case be executed in duplicate andshall be signed by the judge. One copy of the requisition shall be filed withthe compact administrator of the demanding state, there to remain on filesubject to the provisions of law governing records of such court. Upon thereceipt of a requisition demanding the return of a juvenile who has run away,the court or the executive authority to whom the requisition is addressed shallissue an order to any peace officer or other appropriate person directing himto take into custody and detain such juvenile. Such detention order mustsubstantially recite the facts necessary to the validity of its issuancehereunder. No juvenile detained upon such order shall be delivered over to theofficer whom the court demanding him shall have appointed to receive him,unless he shall first be taken forthwith before a judge of a court in thestate, who shall inform him of the demand made for his return, and who mayappoint counsel or guardian ad litem for him. If the judge of such court shallfind that the requisition is in order, he shall deliver such juvenile over tothe officer whom the court demanding him shall have appointed to receive him.The judge, however, may fix a reasonable time to be allowed for the purpose oftesting the legality of the proceeding.

Upon reasonable information that a person is a juvenilewho has run away from another state party to this compact without the consentof a parent, guardian, person or agency entitled to his legal custody, such juvenilemay be taken into custody without a requisition and brought forthwith before ajudge of the appropriate court who may appoint counsel or guardian ad litem forsuch juvenile and who shall determine after a hearing whether sufficient causeexists to hold the person, subject to the order of the court, for his ownprotection and welfare, for such a time not exceeding 90 days as will enablehis return to another state party to this compact pursuant to a requisition forhis return from a court of that state. If, at the time when a state seeks thereturn of a juvenile who has run away, there is pending in the state wherein heis found any criminal charge, or any proceeding to have him adjudicated adelinquent juvenile for an act committed in such state, or if he is suspectedof having committed within such state a criminal offense or an act of juveniledelinquency, he shall not be returned without the consent of such state untildischarged from prosecution or other form of proceeding, imprisonment, detentionor supervision for such offense or juvenile delinquency. The duly accreditedofficers of any state party to this compact, upon the establishment of theirauthority and the identity of the juvenile being returned, shall be permittedto transport such juvenile through any and all states party to this compact,without interference. Upon his return to the state from which he ran away, thejuvenile shall be subject to such further proceedings as may be appropriateunder the laws of that state.

(b) That the state to which a juvenile is returnedunder this Article shall be responsible for payment of the transportation costsof such return.

(c) That juvenile as used in this Article means anyperson who is a minor under the law of the state of residence of the parent,guardian, person or agency entitled to the legal custody of such minor.

 

ARTICLE VReturn ofEscapees and Absconders

 

(a) That the appropriate person or authority from whoseprobation or parole supervision a delinquent juvenile has absconded or fromwhose institutional custody he has escaped shall present to the appropriatecourt or to the executive authority of the state where the delinquent juvenileis alleged to be located a written requisition for the return of suchdelinquent juvenile. Such requisitions shall state the name and age of thedelinquent juvenile, the particulars of his adjudication as a delinquentjuvenile, the circumstances of the breach of the terms of his probation orparole or of his escape from an institution or agency vested with his legalcustody or supervision, and the location of such delinquent juvenile, if known,at the time the requisition is made. The requisition shall be verified byaffidavit, shall be executed in duplicate, and shall be accompanied by two certifiedcopies of the judgment, formal adjudication, or order of commitment whichsubjects such delinquent juvenile to probation or parole or to the legalcustody of the institution or agency concerned. Such further affidavits andother documents as may be deemed proper may be submitted with such requisition.One copy of the requisition shall be filed with the compact administrator ofthe demanding state, there to remain on file subject to the provisions of lawgoverning records of the appropriate court. Upon the receipt of a requisitiondemanding the return of a delinquent juvenile who has absconded or escaped, thecourt or the executive authority to whom the requisition is addressed shallissue an order to any peace officer or other appropriate person directing himto take into custody and detain such delinquent juvenile. Such detention ordermust substantially recite the fact necessary to the validity of its issuancehereunder. No delinquent juvenile detained upon such order shall be deliveredover to the officer whom the appropriate person or authority demanding himshall have appointed to receive him, unless he shall first be taken forthwithbefore a judge of an appropriate court in the state, who shall inform him ofthe demand made for his return and who may appoint counsel or guardian ad litemfor him. If the judge of such court shall find that the requisition is inorder, he shall deliver such delinquent juvenile over to the officer whom theappropriate person or authority demanding him shall have appointed to receivehim. The judge, however, may fix a reasonable time to be allowed for thepurpose of testing the legality of the proceeding.

Upon reasonable information that a person is adelinquent juvenile who has absconded while on probation or parole, or escapedfrom an institution or agency vested with his legal custody or supervision inany state party to this compact, such person may be taken into custody in anyother state party to this compact without a requisition. But in such event, hemust be taken forthwith before a judge of the appropriate court, who mayappoint counsel or guardian ad litem for such person and who shall determine,after a hearing, whether sufficient cause exists to hold the person subject tothe order of the court for such a time, not exceeding 90 days, as will enablehis detention under a detention order issued on a requisition pursuant to thisArticle. If, at the time when a state seeks the return of a delinquent juvenilewho has either absconded while on probation or parole or escaped from aninstitution or agency vested with his legal custody or supervision, there ispending in the state wherein he is detained any criminal charge or anyproceeding to have him adjudicated a delinquent juvenile for an act committedin such state, or if he is suspected of having committed within such state acriminal offense or an act of juvenile delinquency, he shall not be returnedwithout the consent of such state until discharged from prosecution or otherform of proceeding, imprisonment, detention or supervision for such offense orjuvenile delinquency. The duly accredited officers of any state party to thiscompact, upon the establishment of their authority and the identity of thedelinquent juvenile being returned, shall be permitted to transport such delinquentjuvenile through any and all states party to this compact, withoutinterference. Upon his return to the state from which he escaped or absconded,the delinquent juvenile shall be subject to such further proceedings as may beappropriate under the laws of that state.

(b) That the state to which a delinquent juvenile isreturned under this Article shall be responsible for payment of thetransportation costs of such return.

 

ARTICLE VIVoluntaryReturn Procedure

 

That any delinquent juvenile who has absconded while onprobation or parole, or escaped from an institution or agency vested with hislegal custody or supervision in any state party to this compact, and anyjuvenile who has run away from any state party to this compact, who is takeninto custody without a requisition in another state party to this compact underthe provisions of Article IV (a) or of Article V (a), may consent to hisimmediate return to the state from which he absconded, escaped or ran away.Such consent shall be given by the juvenile or delinquent juvenile and hiscounsel or guardian ad litem, if any, by executing or subscribing a writing, inthe presence of a judge of the appropriate court, which states that thejuvenile or delinquent juvenile and his counsel or guardian ad litem, if any,consent to his return to the demanding state. Before such consent shall beexecuted or subscribed, however, the judge, in the presence of counsel orguardian ad litem, if any, shall inform the juvenile or delinquent juvenile ofhis rights under this compact. When the consent has been duly executed, itshall be forwarded to and filed with the compact administrator of the state inwhich the court is located and the judge shall direct the officer having thejuvenile or delinquent juvenile in custody to deliver him to the duly accreditedofficer or officers of the state demanding his return, and shall cause to bedelivered to such officer or officers a copy of the consent. The court may,however, upon the request of the state to which the juvenile or delinquentjuvenile is being returned, order him to return unaccompanied to such state andshall provide him with a copy of such court order; in such event a copy of theconsent shall be forwarded to the compact administrator of the state to whichsaid juvenile or delinquent juvenile is ordered to return.

 

ARTICLEVIICooperative Supervision of Probationers and Parolees

 

(a) That the duly constituted judicial andadministrative authorities of a state party to this compact (herein calledsending state) may permit any delinquent juvenile within such state, placedon probation or parole, to reside in any other state party to this compact(herein called receiving state) while on probation or parole, and thereceiving state shall accept such delinquent juvenile, if the parent, guardianor person entitled to the legal custody of such delinquent juvenile is residingor undertakes to reside within the receiving state. Before granting suchpermission, opportunity shall be given to the receiving state to make suchinvestigations as it deems necessary. The authorities of the sending stateshall send to the authorities of the receiving state copies of pertinent courtorders, social case studies and all other available information which may be ofvalue to and assist the receiving state in supervising a probationer or paroleeunder this compact. A receiving state, in its discretion, may agree to acceptsupervision of a probationer or a parolee in cases where the parent, guardianor person entitled to the legal custody of the delinquent juvenile is not aresident of the receiving state, and if so accepted the sending state maytransfer supervision accordingly.

(b) That each receiving state will assume the duties ofvisitation and of supervision over any such delinquent juvenile and in theexercise of those duties will be governed by the same standards of visitationand supervision that prevail for its own delinquent juveniles released onprobation or parole.

(c) That, after consultation between the appropriateauthorities of the sending state and of the receiving state as to thedesirability and necessity of returning such a delinquent juvenile, the dulyaccredited officers of a sending state may enter a receiving state and thereapprehend and retake any such delinquent juvenile on probation or parole. Forthat purpose, no formalities will be required, other than establishing theauthority of the officer and the identity of the delinquent juvenile to beretaken and returned. The decision of the sending state to retake a delinquentjuvenile on probation or parole shall be conclusive upon and not reviewablewithin the receiving state, but if, at the time the sending state seeks toretake a delinquent juvenile on probation or parole, there is pending againsthim within the receiving state any criminal charge or any proceeding to havehim adjudicated a delinquent juvenile for any act committed in such state, orif he is suspected of having committed within such state a criminal offense oran act of juvenile delinquency, he shall not be returned without the consent ofthe receiving state until discharged from prosecution or other form ofproceeding, imprisonment, detention or supervision for such offense or juveniledelinquency. The duly accredited officers of the sending state shall be permittedto transport delinquent juveniles being so returned through any and all statesparty to this compact, without interference.

(d) That the sending state shall be responsible underthis Article for paying the costs of transporting any delinquent juvenile tothe receiving state or of returning any delinquent juvenile to the sendingstate.

 

ARTICLEVIIIResponsibility for Costs

 

(a) That the provisions of Articles IV (b), V (b) andVII (d) of this compact shall not be construed to alter or affect any internalrelationship among the departments, agencies and officers of and in thegovernment of a party state, or between a party state and its subdivisions, asto the payment of costs, or responsibilities therefor.

(b) That nothing in this compact shall be construed toprevent any party state or subdivision thereof from asserting any right againstany person, agency or other entity in regard to costs for which such partystate or subdivision thereof may be responsible pursuant to Articles IV (b), V(b) or VII (d) of this compact.

 

ARTICLE IXDetentionPractices

 

That, to every extent possible, it shall be the policyof states party to this compact that no juvenile or delinquent juvenile shallbe placed or detained in any prison, jail or lockup nor be detained ortransported in association with criminal, vicious or dissolute persons.

 

ARTICLEXSupplementary Agreements

 

That the duly constituted administrative authorities ofa state party to this compact may enter into supplementary agreements with anyother state or states party hereto for the cooperative care, treatment andrehabilitation of delinquent juveniles whenever they shall find that suchagreements will improve the facilities or programs available for such care,treatment and rehabilitation. Such care, treatment and rehabilitation may beprovided in an institution located within any state entering into suchsupplementary agreement. Such supplementary agreements shall (1) provide therates to be paid for the care, treatment and custody of such delinquentjuveniles, taking into consideration the character of facilities, services andsubsistence furnished; (2) provide that the delinquent juvenile shall be givena court hearing prior to his being sent to another state for care, treatmentand custody; (3) provide that the state receiving such a delinquent juvenile inone of its institutions shall act solely as agent for the state sending suchdelinquent juvenile; (4) provide that the sending state shall at all times retainjurisdiction over delinquent juveniles sent to an institution in another state;(5) provide for reasonable inspection of such institutions by the sendingstate; (6) provide that the consent of the parent, guardian, person or agencyentitled to the legal custody of said delinquent juvenile shall be securedprior to his being sent to another state; and (7) make provision for such othermatters and details as shall be necessary to protect the rights and equities ofsuch delinquent juveniles and of the cooperating states.

 

ARTICLE XIAcceptanceof Federal and Other Aid

 

That any state party to this compact may accept any andall donations, gifts and grants of money, equipment and services from thefederal or any local government, or any agency thereof and from any person,firm or corporation, for any of the purposes and functions of this compact, andmay receive and utilize the same subject to the terms, conditions andregulations governing such donations, gifts and grants.

 

ARTICLE XIICompactAdministrators

 

That the governor of each state party to this compactshall designate an officer who, acting jointly with like officers of otherparty states, shall promulgate rules and regulations to carry out moreeffectively the terms and provisions of this compact.

 

ARTICLE XIIIExecutionof Compact

 

That this compact shall become operative immediatelyupon its execution by any state as between it and any other state or states soexecuting. When executed it shall have the full force and effect of law withinsuch state, the form of execution to be in accordance with the laws of theexecuting state.

 

ARTICLEXIVRenunciation

 

That this compact shall continue in force and remainbinding upon each executing state until renounced by it. Renunciation of thiscompact shall be by the same authority which executed it, by sending 6 monthsnotice in writing of its intention to withdraw from the compact to the otherstates party hereto. The duties and obligations of a renouncing state underArticle VII hereof shall continue as to parolees and probationers residingtherein at the time of withdrawal until retaken or finally discharged.Supplementary agreements entered into under Article X hereof shall be subjectto renunciation as provided by such supplementary agreements, and shall not besubject to the 6 months renunciation notice of the present Article.

 

ARTICLEXVSeverability

 

That the provisions of this compact shall be severableand if any phrase, clause, sentence or provision of this compact is declared tobe contrary to the constitution of any participating state or of the UnitedStates or the applicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder of this compact andthe applicability thereof to any government, agency, person or circumstanceshall not be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the remaining states and in full force and effectas to the state affected as to all severable matters.

(Added to NRS by 2003, 1105; R 2005, 414, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

NRS 62I.015 Textof Compact. [Effective July 1, 2006, or upon enactment of the InterstateCompact for Juveniles into law by the 35th jurisdiction, whichever is later.] The Interstate Compact for Juveniles is hereby ratified,enacted into law and entered into with all jurisdictions legally joining theCompact, in substantially the form set forth in this section:

 

ARTICLE I. PURPOSE

 

The compacting states to the Interstate Compact forJuveniles recognize that each state is responsible for the proper supervisionor return of juveniles, delinquents and status offenders who are on probationor parole and who have absconded, escaped or run away from supervision andcontrol and in so doing have endangered their own safety and the safety ofothers. The compacting states also recognize that each state is responsible forthe safe return of juveniles who have run away from home and in doing so haveleft their state of residence. The compacting states also recognize thatCongress, by enacting the Crime Control Act, 4 U.S.C. 112 (1965), hasauthorized and encouraged compacts for cooperative efforts and mutualassistance in the prevention of crime.

It is the purpose of this Compact, through means ofjoint and cooperative action among the compacting states, to:

(1) Ensure that the adjudicated juveniles and statusoffenders subject to this Compact are provided adequate supervision andservices in the receiving state as ordered by the adjudicating judge or paroleauthority in the sending state.

(2) Ensure that the public safety interests of thecitizens, including the victims of juvenile offenders, in both the sending andreceiving states, are adequately protected.

(3) Return juveniles who have run away, absconded orescaped from supervision or control or who have been accused of an offense tothe state requesting their return.

(4) Make contracts for the cooperativeinstitutionalization in public facilities in member states of delinquent youthneeding special services.

(5) Provide for the effective tracking and supervisionof juveniles.

(6) Equitably allocate the costs, benefits andobligations of the compacting states.

(7) Establish procedures to manage the movementbetween states of juvenile offenders released to the community under thejurisdiction of courts, juvenile departments or any other criminal or juvenilejustice agency which has jurisdiction over juvenile offenders.

(8) Ensure immediate notice to jurisdictions wheredefined offenders are authorized to travel or to relocate across state lines.

(9) Establish procedures to resolve pending charges(detainers) against juvenile offenders prior to transfer or release to thecommunity under the terms of this Compact.

(10) Establish a system of uniform data collection oninformation pertaining to juveniles subject to this Compact that allows accessby authorized juvenile justice and criminal justice officials, and regularreporting of the Compacts activities to heads of state executive, judicial andlegislative branches and juvenile and criminal justice administrators.

(11) Monitor compliance with rules governinginterstate movement of juveniles and initiate interventions to address andcorrect noncompliance.

(12) Coordinate training and education regarding theregulation of interstate movement of juveniles for officials involved in suchactivity.

(13) Coordinate the implementation and operation ofthe Compact with the Interstate Compact on the Placement of Children, theInterstate Compact for Adult Offender Supervision and other compacts affectingjuveniles, particularly in those cases where concurrent or overlappingsupervision issues arise.

It is the policy of the compacting states that theactivities conducted by the Interstate Commission created herein are theformation of public policies and therefore are public business. Furthermore,the compacting states shall cooperate and observe their individual andcollective duties and responsibilities for the prompt return and acceptance ofjuveniles subject to the provisions of this Compact. The provisions of thisCompact shall be reasonably and liberally construed to accomplish the purposesand policies of the Compact.

 

ARTICLE II. DEFINITIONS

 

As used in this Compact, unless the context clearlyrequires a different construction:

(1) Bylaws means those bylaws established by theInterstate Commission for its governance or for directing or controlling itsactions or conduct.

(2) Commissioner means the voting representative ofeach compacting state appointed pursuant to Article III of this Compact.

(3) Compact Administrator means the individual ineach compacting state appointed pursuant to the terms of this Compact,responsible for the administration and management of the states supervisionand transfer of juveniles subject to the terms of this Compact, the rulesadopted by the Interstate Commission and policies adopted by the State Councilunder this Compact.

(4) Compacting state means any state which hasenacted the enabling legislation for this Compact.

(5) Court means any court having jurisdiction overdelinquent, neglected or dependent children.

(6) Deputy Compact Administrator means theindividual, if any, in each compacting state appointed to act on behalf of aCompact Administrator pursuant to the terms of this Compact responsible for theadministration and management of the states supervision and transfer ofjuveniles subject to the terms of this Compact, the rules adopted by theInterstate Commission and policies adopted by the State Council under thisCompact.

(7) Interstate Commission means the InterstateCommission for Juveniles created by Article III of this Compact.

(8) Juvenile means any person defined as a juvenilein any member state or by the rules of the Interstate Commission, including:

(a) Accused Delinquenta person charged with anoffense that, if committed by an adult, would be a criminal offense;

(b) Adjudicated Delinquenta person found tohave committed an offense that, if committed by an adult, would be a criminaloffense;

(c) Accused Status Offendera person chargedwith an offense that would not be a criminal offense if committed by an adult;

(d) Adjudicated Status Offendera person foundto have committed an offense that would not be a criminal offense if committedby an adult; and

(e) Nonoffendera person in need of supervisionwho has not been accused or adjudicated a status offender or delinquent.

(9) Noncompacting state means any state which hasnot enacted the enabling legislation for this Compact.

(10) Probation or parole means any kind ofsupervision or conditional release of juveniles authorized under the laws ofthe compacting states.

(11) Rule means a written statement by theInterstate Commission promulgated pursuant to Article VI of this Compact thatis of general applicability, implements, interprets or prescribes a policy orprovision of the Compact or an organizational, procedural or practicerequirement of the Interstate Commission, and has the force and effect ofstatutory law in a compacting state, and includes the amendment, repeal orsuspension of an existing rule.

(12) State means a state of the United States, theDistrict of Columbia (or its designee), the Commonwealth of Puerto Rico, theU.S. Virgin Islands, Guam, American Samoa and the Northern Marianas Islands.

(13) State Council means the resident members of theState Council for Interstate Juvenile Supervision created by each state underArticle IX of this Compact.

 

ARTICLE III. INTERSTATECOMMISSION FOR JUVENILES

 

(1) The compacting states hereby create the InterstateCommission for Juveniles. The Interstate Commission shall be a body corporateand joint agency of the compacting states. The Interstate Commission shall haveall the responsibilities, powers and duties set forth herein, and suchadditional powers as may be conferred upon it by subsequent action of therespective legislatures of the compacting states in accordance with the termsof this Compact.

(2) The Interstate Commission shall consist ofCommissioners appointed by the appropriate appointing authority in each statepursuant to the rules and requirements of each compacting state and inconsultation with the State Council created hereunder. The Commissioner shallbe the Compact Administrator, Deputy Compact Administrator or designee fromthat state who shall serve on the Interstate Commission in such capacity underor pursuant to the applicable law of the compacting state.

(3) In addition to the Commissioners who are thevoting representatives of each state, the Interstate Commission shall includeindividuals who are not Commissioners, but who are members of interestedorganizations. Such noncommissioner members must include a member of thenational organizations of governors, legislators, state chief justices,attorneys general, Interstate Compact for Adult Offender Supervision,Interstate Compact on the Placement of Children, juvenile justice and juvenilecorrections officials, and crime victims. All noncommissioner members of theInterstate Commission shall be ex officio, nonvoting members. The Interstate Commissionmay provide in its bylaws for such additional ex officio, nonvoting members,including members of other national organizations, in such numbers as shall bedetermined by the Interstate Commission.

(4) Each compacting state represented at any meetingof the Interstate Commission is entitled to one vote. A majority of thecompacting states shall constitute a quorum for the transaction of business,unless a larger quorum is required by the bylaws of the Interstate Commission.

(5) The Interstate Commission shall meet at least onceeach calendar year. The Chairperson may call additional meetings and, upon therequest of a simple majority of the compacting states, shall call additionalmeetings. Public notice shall be given of all meetings and meetings shall beopen to the public.

(6) The Interstate Commission shall establish anExecutive Committee, which shall include Interstate Commission officers,members and others as determined by the bylaws. The Executive Committee shallhave the power to act on behalf of the Interstate Commission during periodswhen the Interstate Commission is not in session, with the exception ofrulemaking and/or amendment to the Compact. The Executive Committee shalloversee the day-to-day activities of the administration of the Compact managedby an Executive Director and Interstate Commission staff, administerenforcement and compliance with the provisions of the Compact, its bylaws andrules, and perform such other duties as directed by the Interstate Commissionor set forth in the bylaws.

(7) Each member of the Interstate Commission shallhave the right and power to cast a vote to which that compacting state isentitled and to participate in the business and affairs of the InterstateCommission. A member shall vote in person and shall not delegate a vote toanother compacting state. However, a Commissioner, in consultation with theState Council, shall appoint another authorized representative, in the absenceof the Commissioner from that state, to cast a vote on behalf of the compactingstate at a specified meeting. The bylaws may provide for members participationin meetings by telephone or other means of telecommunication or electroniccommunication.

(8) The Interstate Commissions bylaws shall establishconditions and procedures under which the Interstate Commission shall make itsinformation and official records available to the public for inspection orcopying. The Interstate Commission may exempt from disclosure any informationor official records to the extent they would adversely affect personal privacyrights or proprietary interests.

(9) Public notice shall be given of all meetings andall meetings shall be open to the public, except as set forth in the rules oras otherwise provided in the Compact. The Interstate Commission and any of itscommittees may close a meeting to the public where it determines by two-thirdsvote that an open meeting would be likely to:

(a) Relate solely to the Interstate Commissionsinternal personnel practices and procedures;

(b) Disclose matters specifically exempted fromdisclosure by statute;

(c) Disclose trade secrets or commercial orfinancial information which is privileged or confidential;

(d) Involve accusing any person of a crime orformally censuring any person;

(e) Disclose information of a personal naturewhere disclosure would constitute a clearly unwarranted invasion of personalprivacy;

(f) Disclose investigative records compiled forlaw enforcement purposes;

(g) Disclose information contained in or relatedto examination, operating or condition reports prepared by, or on behalf of orfor the use of, the Interstate Commission with respect to a regulated person orentity for the purpose of regulation or supervision of such person or entity;

(h) Disclose information, the prematuredisclosure of which would significantly endanger the stability of a regulatedperson or entity; or

(i) Specifically relate to the InterstateCommissions issuance of a subpoena or its participation in a civil action orother legal proceeding.

(10) For every meeting closed pursuant to thisprovision, the Interstate Commissions legal counsel shall publicly certifythat, in the legal counsels opinion, the meeting may be closed to the public,and shall reference each relevant exemptive provision. The InterstateCommission shall keep minutes which shall fully and clearly describe allmatters discussed in any meeting and shall provide a full and accurate summaryof any actions taken, and the reasons therefore, including a description ofeach 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 consideredin connection with any action shall be identified in such minutes.

(11) The Interstate Commission shall collectstandardized data concerning the interstate movement of juveniles as directedthrough its rules which shall specify the data to be collected, the means ofcollection and data exchange and reporting requirements. Such methods of datacollection, exchange and reporting shall, insofar as is reasonably possible,conform to up-to-date technology and coordinate its information functions withthe appropriate repository of records.

 

ARTICLE IV. POWERSAND DUTIES OF THE INTERSTATE COMMISSION

 

The Interstate Commission shall have the followingpowers and duties:

(1) To provide for dispute resolution among compactingstates.

(2) To promulgate rules to effect the purposes andobligations as enumerated in this Compact, which shall have the force andeffect of statutory law and shall be binding in the compacting states to theextent and in the manner provided in this Compact.

(3) To oversee, supervise and coordinate theinterstate movement of juveniles subject to the terms of this Compact and anybylaws adopted and rules promulgated by the Interstate Commission.

(4) To enforce compliance with the provisions of theCompact, the rules promulgated by the Interstate Commission and the bylaws, usingall necessary and proper means, including, but not limited to, the use ofjudicial process.

(5) To establish and maintain offices which shall belocated within one or more of the compacting states.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept, hire or contract for servicesof personnel.

(8) To establish and appoint committees and hire staffwhich it deems necessary for the carrying out of its functions, including, butnot limited to, an Executive Committee as required by Article III which shallhave the power to act on behalf of the Interstate Commission in carrying outits powers and duties hereunder.

(9) To elect or appoint such officers, attorneys,employees, agents or consultants, and to fix their compensation, define theirduties and determine their qualifications, and to establish the InterstateCommissions personnel policies and programs relating to, inter alia, conflictsof interest, rates of compensation and qualifications of personnel.

(10) To accept any and all donations and grants ofmoney, equipment, supplies, materials, and services, and to receive, utilizeand dispose of it.

(11) To lease, purchase, accept contributions ordonations 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 ormixed.

(13) To establish a budget and make expenditures andlevy dues as provided in Article VIII of this Compact.

(14) To sue and be sued.

(15) To adopt a seal and bylaws governing themanagement and operation of the Interstate Commission.

(16) To perform such functions as may be necessary orappropriate to achieve the purposes of this Compact.

(17) To report annually to the legislatures,governors, judiciary and State Councils of the compacting states concerning theactivities of the Interstate Commission during the preceding year. Such reportsshall also include any recommendations that may have been adopted by theInterstate Commission.

(18) To coordinate education, training and publicawareness regarding the interstate movement of juveniles for officials involvedin such activity.

(19) To establish uniform standards of the reporting,collecting and exchanging of data.

(20) To maintain the Interstate Commissions corporatebooks and records in accordance with the bylaws.

 

ARTICLE V. ORGANIZATIONAND OPERATION OF THE INTERSTATE COMMISSION

 

Section A. Bylaws

 

The Interstate Commission shall, by a majority of themembers present and voting, within 12 months after the first InterstateCommission meeting, adopt bylaws to govern its conduct as may be necessary orappropriate to carry out the purposes of the Compact, including, but notlimited to:

(1) Establishing the fiscal year of the InterstateCommission;

(2) Establishing an Executive Committee and such othercommittees as may be necessary;

(3) Providing for the establishment of committeesgoverning any general or specific delegation of any authority or function ofthe Interstate Commission;

(4) Providing reasonable procedures for calling andconducting meetings of the Interstate Commission, and ensuring reasonablenotice of each such meeting;

(5) Establishing the titles and responsibilities ofthe officers of the Interstate Commission;

(6) Providing a mechanism for concluding theoperations of the Interstate Commission and the return of any surplus fundsthat may exist upon the termination of the Compact after the payment and/orreserving of all of its debts and obligations;

(7) Providing start-up rules for the initialadministration of the Compact; and

(8) Establishing standards and procedures forcompliance and technical assistance in carrying out the Compact.

 

Section B. Officersand Staff

 

(1) The Interstate Commission shall, by a majority ofthe members, elect annually from among its members a Chairman and a ViceChairman, each of whom shall have such authority and duties as may be specifiedin the bylaws. The Chairman or, in the Chairmans absence or disability, the ViceChairman shall preside at all meetings of the Interstate Commission. Theofficers so elected shall serve without compensation or remuneration from theInterstate Commission, provided that, subject to the availability of budgetedfunds, the officers shall be reimbursed for any ordinary and necessary costsand expenses incurred by them in the performance of their duties andresponsibilities as officers of the Interstate Commission.

(2) The Interstate Commission shall, through itsExecutive Committee, appoint or retain an Executive Director for such period,upon such terms and conditions and for such compensation as the InterstateCommission may deem appropriate. The Executive Director shall serve asSecretary to the Interstate Commission, but shall not be a member and shallhire and supervise such other staff as may be authorized by the InterstateCommission.

 

Section C. QualifiedImmunity, Defense and Indemnification

 

(1) The Interstate Commissions Executive Director andemployees shall be immune from suit and liability, either personally or intheir official capacity, for any claim for damage to or loss of property or forany personal injury or other civil liability caused by or arising out of orrelating to any actual or alleged act, error or omission that occurred, or thatsuch person had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties or responsibilities, provided that anysuch person shall not be protected from suit or liability for any damage, loss,injury or liability caused by the intentional or willful and wanton misconductof any such person.

(2) The liability of any Commissioner, or the employeeor agent of a Commissioner, acting within the scope of such persons employmentor duties for acts, errors or omissions occurring within such persons statemay not exceed the limits of liability set forth under the constitution andlaws of that state for state officials, employees and agents. Nothing in thissubsection shall be construed to protect any such person from suit or liabilityfor any damage, loss, injury or liability caused by the intentional or willfuland wanton misconduct of any such person.

(3) The Interstate Commission shall defend theExecutive Director or the employees or representatives of the InterstateCommission and, subject to the approval of the Attorney General of the staterepresented by any Commissioner of a compacting state, shall defend suchCommissioner or the Commissioners representatives or employees in any civilaction seeking to impose liability arising out of any actual or alleged act,error or omission that occurred within the scope of Interstate Commissionemployment, duties or responsibilities, or that the defendant had a reasonablebasis for believing occurred within the scope of Interstate Commissionemployment, duties or responsibilities, provided that the actual or allegedact, error or omission did not result from intentional or willful and wantonmisconduct on the part of such person.

(4) The Interstate Commission shall indemnify and holdthe Commissioner of a compacting state, or the Commissioners representativesor employees, or the Interstate Commissions representatives or employees,harmless in the amount of any settlement or judgment obtained against suchpersons arising out of any actual or alleged act, error or omission thatoccurred within the scope of Interstate Commission employment, duties orresponsibilities, or that such persons had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties orresponsibilities, provided that the actual or alleged act, error or omissiondid not result from intentional or willful and wanton misconduct on the part ofsuch persons.

 

ARTICLE VI. RULEMAKINGFUNCTIONS OF THE INTERSTATE COMMISSION

 

(1) The Interstate Commission shall promulgate andpublish rules in order to effectively and efficiently achieve the purposes ofthe Compact.

(2) Rulemaking shall occur pursuant to the criteriaset forth in this article and the bylaws and rules adopted pursuant thereto.Such rulemaking shall substantially conform to the principles of the ModelState Administrative Procedure Act, 1981 Act, Uniform Laws Annotated, Vol. 15,p. 1 (2000), or such other administrative procedures act as the InterstateCommission deems appropriate and consistent with due process requirements underthe United States Constitution as now or hereafter interpreted by the UnitedStates Supreme Court. All rules and amendments shall become binding as of thedate specified, as published with the final version of the rule as approved bythe Interstate Commission.

(3) When promulgating a rule, the InterstateCommission shall, at a minimum:

(a) Publish the proposed rules entire textstating the reasons for that proposed rule;

(b) Allow and invite any and all persons tosubmit written data, facts, opinions and arguments, which information shall beadded to the record and be made publicly available;

(c) Provide an opportunity for an informalhearing if petitioned by 10 or more persons; and

(d) Promulgate a final rule and its effectivedate, if appropriate, based on input from state or local officials, orinterested parties.

(4) Allow, not later than 60 days after a rule ispromulgated, any interested person to file a petition in the United StatesDistrict Court for the District of Columbia or in the federal district courtwhere the Interstate Commissions principal office is located for judicialreview of such rule. If the court finds that the Interstate Commissions actionis not supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside. For purposes of this subsection,evidence is substantial if it would be considered substantial evidence underthe Model State Administrative Procedure Act.

(5) If a majority of the legislatures of thecompacting states rejects a rule, by enactment of a statute or resolution inthe same manner used to adopt the Compact, then such rule shall have no furtherforce and effect in any compacting state.

(6) The existing rules governing the operation of theInterstate Compact on Juveniles superceded by this act shall be null and void12 months after the first meeting of the Interstate Commission createdhereunder.

(7) Upon determination by the Interstate Commission thatan emergency exists, it may promulgate an emergency rule which shall becomeeffective immediately upon adoption, provided that the usual rulemakingprocedures provided hereunder shall be retroactively applied to said rule assoon as reasonably possible, but no later than 90 days after the effective dateof the emergency rule.

 

ARTICLE VII. OVERSIGHT,ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

 

Section A. Oversight

 

(1) The Interstate Commission shall oversee theadministration and operations of the interstate movement of juveniles subjectto this Compact in the compacting states and shall monitor such activitiesbeing administered in noncompacting states which may significantly affectcompacting states.

(2) The courts and executive agencies in eachcompacting state shall enforce this Compact and shall take all actionsnecessary and appropriate to effectuate the Compacts purposes and intent. Theprovisions of this Compact and the rules promulgated hereunder shall bereceived by all the judges, public officers, commissions and departments of thestate government as evidence of the authorized statute and administrativerules. All courts shall take judicial notice of the Compact and the rules. Inany judicial or administrative proceeding in a compacting state pertaining tothe subject matter of this Compact which may affect the powers,responsibilities or actions of the Interstate Commission, it shall be entitledto receive all service of process in any such proceeding, and shall havestanding to intervene in the proceeding for all purposes.

 

Section B. DisputeResolution

 

(1) The compacting states shall report to theInterstate Commission on all issues and activities necessary for theadministration of the Compact as well as issues and activities pertaining tocompliance with the provisions of the Compact and its bylaws and rules.

(2) The Interstate Commission shall attempt, upon therequest of a compacting state, to resolve any disputes or other issues whichare subject to the Compact and which may arise among compacting states andbetween compacting and noncompacting states. The Interstate Commission shallpromulgate a rule providing for both mediation and binding dispute resolutionfor disputes among the compacting states.

(3) The Interstate Commission, in the reasonableexercise of its discretion, shall enforce the provisions and rules of thisCompact using any or all means set forth in Article XI of this Compact.

 

ARTICLE VIII. FINANCE

 

(1) The Interstate Commission shall pay or provide forthe payment of the reasonable expenses of its establishment, organization andongoing activities.

(2) The Interstate Commission shall levy on andcollect an annual assessment from each compacting state to cover the cost ofthe internal operations and activities of the Interstate Commission and itsstaff which must be in a total amount sufficient to cover the InterstateCommissions annual budget as approved each year. The aggregate annualassessment amount shall be allocated based upon a formula to be determined bythe Interstate Commission, taking into consideration the population of eachcompacting state and the volume of interstate movement of juveniles in eachcompacting state and shall promulgate a rule binding upon all compacting stateswhich governs said assessment.

(3) The Interstate Commission shall not incur anyobligations 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 compactingstates, except by and with the authority of the compacting state.

(4) The Interstate Commission shall keep accurateaccounts of all receipts and disbursements. The receipts and disbursements ofthe Interstate Commission shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the Interstate Commission shall be auditedyearly by a certified or licensed public accountant and the report of the auditshall be included in and become part of the annual report of the InterstateCommission.

 

ARTICLE IX. THE STATECOUNCIL

 

(1) The Nevada State Council for Interstate JuvenileSupervision is hereby created. The Nevada State Council for Interstate JuvenileSupervision consists of the following seven members:

(a) The Compact Administrator, appointed by theGovernor, who shall serve as Chairman and as Commissioner to the InterstateCommission for this State;

(b) Three members appointed by the Governor, oneof whom must be a representative of an organization supporting the rights ofvictims of crime;

(c) One member of the Senate, appointed by theMajority Leader of the Senate;

(d) One member of the Assembly, appointed by theSpeaker of the Assembly; and

(e) One member who is a district judge,appointed by the Chief Justice of the Supreme Court of Nevada.

(2) The members of the Nevada State Council forInterstate Juvenile Supervision serve at the pleasure of the persons whoappointed them.

(3) The Legislators who are members of the NevadaState Council for Interstate Juvenile Supervision are entitled to receive thesalary provided for a majority of the members of the Legislature during thefirst 60 days of the preceding session for each days attendance at a meetingof the Nevada State Council for Interstate Juvenile Supervision.

(4) While engaged in the business of the InterstateCommission, each member of the Nevada State Council for Interstate JuvenileSupervision is entitled to receive the per diem allowance and travel expensesprovided for state officers and employees generally.

(5) The Nevada State Council for Interstate JuvenileSupervision shall develop policies concerning the operation of the Compactwithin this State and shall exercise oversight and advocacy concerning itsparticipation in activities of the Interstate Commission.

 

ARTICLE X. COMPACTINGSTATES, EFFECTIVE DATE AND AMENDMENT

 

(1) Any state, as defined in Article II of thisCompact, is eligible to become a compacting state.

(2) The Compact shall become effective and bindingupon legislative enactment of the Compact into law by no less than 35 of thestates. The initial effective date shall be the later of July 1, 2006, or uponenactment into law by the 35th jurisdiction. Thereafter it shall becomeeffective and binding as to any other compacting state upon enactment of theCompact into law by that state. The governors of nonmember states or theirdesignees shall be invited to participate in the activities of the InterstateCommission on a nonvoting basis prior to adoption of the Compact by all statesand territories of the United States.

(3) The Interstate Commission may propose amendmentsto the Compact for enactment by the compacting states. No amendment shallbecome effective and binding upon the Interstate Commission and the compactingstates unless and until it is enacted into law by unanimous consent of thecompacting states.

 

ARTICLE XI. WITHDRAWAL,DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

 

Section A. Withdrawal

 

(1) Once effective, the Compact shall continue inforce and remain binding upon each and every compacting state, provided that acompacting state may withdraw from the Compact by specifically repealing thestatute which enacted the Compact into law.

(2) The effective date of withdrawal is the effectivedate of the repeal.

(3) The withdrawing state shall immediately notify theChairman of the Interstate Commission in writing upon the introduction oflegislation repealing this Compact in the withdrawing state. The InterstateCommission shall notify the other compacting states of the withdrawing statesintent to withdraw within 60 days after its receipt thereof.

(4) The withdrawing state is responsible for allassessments, obligations and liabilities incurred through the effective date ofwithdrawal, including any obligations the performance of which extend beyondthe effective date of withdrawal.

(5) Reinstatement following withdrawal of anycompacting state shall occur upon the withdrawing state reenacting the Compactor upon such later date as determined by the Interstate Commission.

 

Section B. TechnicalAssistance, Fines, Suspension, Termination and Default

 

(1) If the Interstate Commission determines that anycompacting state has at any time defaulted in the performance of any of itsobligations or responsibilities under this Compact, or the bylaws or dulypromulgated rules, the Interstate Commission may impose any or all of thefollowing penalties:

(a) Remedial training and technical assistanceas directed by the Interstate Commission;

(b) Alternative dispute resolution;

(c) Fines, fees and costs in such amounts as aredeemed to be reasonable as fixed by the Interstate Commission; and

(d) Suspension or termination of membership inthe Compact, which shall be imposed only after all other reasonable means ofsecuring compliance under the bylaws and rules have been exhausted and theInterstate Commission has therefore determined that the offending state is indefault. Immediate notice of suspension shall be given by the InterstateCommission to the Governor, the Chief Justice or the Chief Judicial Officer ofthe state, the Majority and Minority Leaders of the defaulting stateslegislature and the State Council. The grounds for default include, but are notlimited to, failure of a compacting state to perform such obligations orresponsibilities imposed upon it by this Compact, the bylaws or duly promulgatedrules and any other grounds designated in the Interstate Commissions bylawsand rules. The Interstate Commission shall immediately notify the defaultingstate in writing of the penalty imposed by the Interstate Commission and of thedefault pending a cure of the default. The Interstate Commission shallstipulate the conditions and the time period within which the defaulting statemust cure its default. If the defaulting state fails to cure the default withinthe time period specified by the Interstate Commission, the defaulting stateshall be terminated from the Compact upon an affirmative vote of a majority ofthe compacting states and all rights, privileges and benefits conferred by thisCompact shall be terminated from the effective date of termination.

(2) Within 60 days after the effective date oftermination of a defaulting state, the Interstate Commission shall notify theGovernor, the Chief Justice or Chief Judicial Officer, the Majority andMinority Leaders of the defaulting states legislature and the State Council ofsuch termination.

(3) The defaulting state is responsible for allassessments, obligations and liabilities incurred through the effective date oftermination, including any obligations, the performance of which extends beyondthe effective date of termination.

(4) The Interstate Commission shall not bear any costsrelating to the defaulting state unless otherwise mutually agreed upon inwriting between the Interstate Commission and the defaulting state.

(5) Reinstatement following termination of anycompacting state requires both a reenactment of the Compact by the defaultingstate and the approval of the Interstate Commission pursuant to the rules.

 

Section C. JudicialEnforcement

 

The Interstate Commission may, by majority vote of themembers, initiate legal action in the United States District Court for theDistrict of Columbia or, at the discretion of the Interstate Commission, in thefederal district court where the Interstate Commission has its offices, toenforce compliance with the provisions of the Compact, its duly promulgatedrules and its bylaws against any compacting state in default. In the eventjudicial enforcement is necessary, the prevailing party shall be awarded allcosts of such litigation, including reasonable attorneys fees.

 

Section D. Dissolutionof Compact

 

(1) The Compact dissolves effective upon the date ofthe withdrawal or default of the compacting state which reduces membership inthe Compact to one compacting state.

(2) Upon the dissolution of this Compact, the Compactbecomes null and void and shall be of no further force or effect, and thebusiness and affairs of the Interstate Commission shall be concluded and anysurplus funds shall be distributed in accordance with the bylaws.

 

ARTICLE XII. SEVERABILITYAND CONSTRUCTION

 

(1) The provisions of this Compact shall be severable,and if any phrase, clause, sentence or provision is deemed unenforceable, theremaining provisions of the Compact shall be enforceable.

(2) The provisions of this Compact shall be liberallyconstrued to effectuate its purposes.

 

ARTICLE XIII. BINDINGEFFECT OF COMPACT AND OTHER LAWS

 

Section A. Other Laws

 

(1) Nothing herein prevents the enforcement of anyother law of a compacting state that is not inconsistent with this Compact.

(2) All compacting states laws other than stateconstitutions and other interstate compacts conflicting with this Compact aresuperseded to the extent of the conflict.

 

Section B. BindingEffect of the Compact

 

(1) All lawful actions of the Interstate Commission,including all rules and bylaws promulgated by the Interstate Commission, arebinding upon the compacting states.

(2) All agreements between the Interstate Commissionand the compacting states are binding in accordance with their terms.

(3) Upon the request of a party to a conflict overmeaning or interpretation of Interstate Commission actions, and upon a majorityvote of the compacting states, the Interstate Commission may issue advisoryopinions regarding such meaning or interpretation.

(4) In the event any provision of this Compact exceedsthe constitutional limits imposed on the legislature of any compacting state,the obligations, duties, powers or jurisdiction sought to be conferred by suchprovision upon the Interstate Commission shall be ineffective and suchobligations, duties, powers or jurisdiction shall remain in the compactingstate 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 thisCompact becomes effective.

(Added to NRS by 2005, 400, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

NRS 62I.020 Authorizedamendment to Compact. [Effective through June 30, 2006, or until enactment ofthe Interstate Compact for Juveniles into law by the 35th jurisdiction,whichever is later.] The Governor is herebydirected to execute an amendment to the Interstate Compact on Juveniles onbehalf of this State in the form substantially as follows:

 

AMENDMENT IRendition

 

This amendment provides additional remedies and isbinding only on states which specifically execute a similar provision:

All provisions and procedures of Articles V and VI ofthe Interstate Compact on Juveniles apply to any juvenile charged with being adelinquent by reason of his alleged violation of any criminal law. Any suchjuvenile must be returned to the requesting state upon a requisition issued tothe state where the juvenile may be found. A petition alleging the juvenilesdelinquency must be filed in a court of competent jurisdiction in therequesting state where the violation of criminal law is alleged to have beencommitted. The requisition may be issued regardless of whether the juvenileleft the state before or after the filing of the petition. The requisition, asdescribed in Article V of the Compact, must be forwarded by the judge of thecourt in which the petition is filed.

(Added to NRS by 2003, 1113; R 2005, 414, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

NRS 62I.025 Paymentof claims from Reserve for Statutory Contingency Account. [Effective July 1,2006, or upon enactment of the Interstate Compact for Juveniles into law by the35th jurisdiction, whichever is later.] Allclaims that arise pursuant to the provisions of this chapter must be paid fromthe Reserve for Statutory Contingency Account in the same manner as otherclaims against the State are paid, upon approval by the Compact Administratorappointed pursuant to NRS 62I.015.

(Added to NRS by 2005, 413, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

NRS 62I.030 Administrator:Designation; powers and duties. [Effective through June 30, 2006, or untilenactment of the Interstate Compact for Juveniles into law by the 35thjurisdiction, whichever is later.] Pursuant tosuch Compact, the Governor is hereby authorized and empowered to designate anofficer who shall be the Compact Administrator and who, acting jointly withsimilar officers of other party states, shall promulgate rules and regulationsto carry out more effectively the terms of the Compact. Such CompactAdministrator shall serve subject to the pleasure of the Governor. The CompactAdministrator is hereby authorized, empowered and directed to cooperate withall departments, agencies and officers of and in the government of this Stateand its subdivisions in facilitating the proper administration of the Compactor of any supplementary agreement or agreements entered into by this Stateunder such Compact.

(Added to NRS by 2003, 1113; R 2005, 414, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

NRS 62I.040 Executionof supplementary agreements by Administrator; limitations. [Effective throughJune 30, 2006, or until enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later.] TheCompact Administrator is hereby authorized and empowered to enter intosupplementary agreements with appropriate officials of other states pursuant tothe Compact. In the event that such supplementary agreement shall require or contemplatethe use of any institution or facility of this State or require or contemplatethe provision of any service by this State, such supplementary agreement shallhave no force or effect until approved by the head of the department or agencyunder whose jurisdiction such institution or facility is operated or whosedepartment or agency will be charged with the rendering of such service.

(Added to NRS by 2003, 1113; R 2005, 414, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

NRS 62I.050 Paymentof claims from Reserve for Statutory Contingency Account. [Effective throughJune 30, 2006, or until enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later.] Allclaims which arise pursuant to the provisions of this chapter must be paid fromthe Reserve for Statutory Contingency Account upon approval by the Compact Administrator.

(Added to NRS by 2003, 1113; R 2005, 414, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

NRS 62I.060 Paymentof fees of attorneys and guardians ad litem. [Effective through June 30, 2006,or until enactment of the Interstate Compact for Juveniles into law by the 35thjurisdiction, whichever is later.]

1. Any judge of this State who appoints counsel or aguardian ad litem pursuant to the provisions of this Compact may, in hisdiscretion, fix a fee not exceeding $500.

2. Such fees shall be paid out on claims as otherclaims against the State are paid upon approval of the Compact Administratorand presentation of the certificate of the judge that such person has performedthe services required of him.

(Added to NRS by 2003, 1113; R 2005, 414, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

NRS 62I.070 Responsibilitiesof state departments, agencies and officers. [Effective through June 30, 2006,or until enactment of the Interstate Compact for Juveniles into law by the 35thjurisdiction, whichever is later.] The courts,departments, agencies and officers of this State and its subdivisions shallenforce and effectuate the purposes and intent of the Compact.

(Added to NRS by 2003, 1113; R 2005, 414, effectiveJuly 1, 2006, or upon enactment of the Interstate Compact for Juveniles intolaw by the 35th jurisdiction, whichever is later)

 

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