There is a newer version of the New York Consolidated Laws
2012 New York Consolidated Laws
EXC - Executive
Article 12-B - (259 - 259-S) STATE BOARD OF PAROLE
259-MM - Interstate compact for adult offender supervision.
NY Exec L § 259-MM (2012) What's This?
* § 259-mm. Interstate compact for adult offender supervision. The
interstate compact for adult offender supervision as set forth in this
section is hereby adopted, enacted into law and entered into with all
other jurisdictions joining therein. The compact shall be as follows:
INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
ARTICLE I. Purpose.
ARTICLE II. Definitions.
ARTICLE III. The compact commission.
ARTICLE IV. The state council.
ARTICLE V. Powers and duties of the interstate commission.
ARTICLE VI. Organization and operation of the interstate commission.
ARTICLE VII. Activities of the interstate commission.
ARTICLE VIII. Rulemaking functions of the interstate commission.
ARTICLE IX. Oversight, enforcement and dispute resolution by the
interstate commission.
ARTICLE X. Finance.
ARTICLE XI. Compacting states, effective date and amendment.
ARTICLE XII. Withdrawal, default, termination and judicial enforcement.
ARTICLE XIII. Severability and construction.
ARTICLE XIV. Binding effect of compact and other laws.
ARTICLE I
PURPOSE
The compacting states to this interstate compact recognize that each
state is responsible for the supervision of adult offenders in the
community who are authorized pursuant to the bylaws and rules of this
compact to travel across state lines both to and from each compacting
state in such a manner as to track the location of offenders, transfer
supervision authority in an orderly and efficient manner, and when
necessary return offenders to the originating jurisdictions. The
compacting states also recognize that Congress, by enacting the Crime
Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged
compacts for cooperative efforts and mutual assistance in the prevention
of crime. It is the purpose of this compact and the interstate
commission created pursuant to this compact, through means of joint and
cooperative action among the compacting states: to provide the framework
for the promotion of public safety and protect the rights of victims
through the control and regulation of the interstate movement of
offenders in the community; to provide for the effective tracking,
supervision and rehabilitation of these offenders by the sending and
receiving states; and to equitably distribute the costs, benefits and
obligations of the compact among the compacting states. In addition,
this compact will: create an interstate commission which will establish
uniform procedures to manage the movement between states of adults
placed under community supervision and released to the community under
the jurisdiction of courts, paroling authorities, corrections or other
criminal justice agencies which will promulgate rules to achieve the
purpose of this compact; ensure an opportunity for input and timely
notice to victims and to jurisdictions where defined offenders are
authorized to travel or to relocate across state lines; establish a
system of uniform data collection, access to information on active cases
by authorized criminal justice officials, and regular reporting of
compact activities to heads of state councils, state executive, judicial
and legislative branches, and criminal justice administrators; monitor
compliance with rules governing interstate movement of offenders and
initiate interventions to address and correct non-compliance; and
coordinate training and education regarding regulations of interstate
movement of offenders for officials involved in such activity. The
compacting states recognize that there is no "right" of any offender to
live in another state and that duly accredited officers of a sending
state may at all times enter a receiving state and there apprehend and
retake any offender under supervision subject to the provisions of this
compact and bylaws and rules promulgated thereto. It is the policy of
the compacting states that the activities conducted by the interstate
commission created by this compact are the formation of public policies
and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
(a) "Adult" means both individuals legally classified as adults and
juveniles treated as adults by court order, statute or operation of law.
(b) "By-laws" means those by-laws established by the interstate
commission for its governance, or for directing or controlling the
interstate commission's actions or conduct.
(c) "Compact administrator" means the individual in each compacting
state appointed pursuant to the terms of this compact responsible for
the administration and management of the state's supervision and
transfer of offenders subject to the terms of this compact, the rules
adopted by the interstate commission and policies adopted by the state
council under this compact.
(d) "Compacting state" means any state which has enacted the enabling
legislation for this compact.
(e) "Commissioner" means the voting representative of each compacting
state appointed pursuant to article III of this compact.
(f) "Interstate commission" means the interstate commission for adult
offender supervision established by this compact.
(g) "Member" means the commissioner of a compacting state or designee,
who shall be a person officially connected with the commissioner.
(h) "Non-compacting state" means any state which has not enacted the
enabling legislation for this compact.
(i) "Offender" means an adult placed under, or subject to, supervision
as the result of the commission of a criminal offense and released to
the community under the jurisdiction of courts, paroling authorities,
corrections or other criminal justice agencies.
(j) "Person" means any individual, corporation, business enterprise or
other legal entity, either public or private.
(k) "Rules" means acts of the interstate commission, duly promulgated
pursuant to article VIII of this compact, substantially affecting
interested parties in addition to the interstate commission, which shall
have the force and effect of law in the compacting states.
(l) "State" means a state of the United States, the District of
Columbia and any other territorial possessions of the United States.
(m) "State council" means the resident members of the state council
for interstate adult offender supervision created by each state under
article IV of this compact.
ARTICLE III
THE COMPACT COMMISSION
The compacting states hereby create the "interstate commission for
adult offender supervision". The interstate commission shall be a body
corporate and joint agency of the compacting states. The interstate
commission shall have all the responsibilities, powers and duties set
forth 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.
The interstate commission shall consist of commissioners selected and
appointed by resident members of a state council for interstate adult
offender supervision for each state. In addition to the commissioners
who are the voting representatives of each state, the interstate
commission shall include individuals who are not commissioners but who
are members of interested organizations; such non-commissioner members
must include a member of the national organizations of governors,
legislators, state chief justices, attorneys general and crime victims.
All non-commissioner members of the interstate commission shall be
ex-officio (nonvoting) members. The interstate commission may provide in
its by-laws for such additional, ex-officio, non-voting members as it
deems necessary.
Each compacting state represented at any meeting of the interstate
commission is entitled to one vote. A majority of the compacting states
shall constitute a quorum for the transaction of business, unless a
larger quorum is required by the by-laws of the interstate commission.
The interstate commission shall meet at least once each calendar year.
The chairperson may call additional meetings and, upon the request of
twenty-seven or more compacting states, shall call additional meetings.
Public notice shall be given of all meetings and meetings shall be open
to the public.
The interstate commission shall establish an executive committee which
shall include commission officers, members and others as shall be
determined by the by-laws. The executive committee shall have the power
to act on behalf of the interstate commission during periods when the
interstate commission is not in session, with the exception of
rulemaking and/or amendment to the compact. The executive committee
oversees the day-to-day activities managed by the executive director and
interstate commission staff; administers enforcement and compliance with
the provisions of the compact, its by-laws and as directed by the
interstate commission and performs other duties as directed by the
commission or set forth in the by-laws.
ARTICLE IV
THE STATE COUNCIL
Each member state shall create a state council for interstate adult
offender supervision which shall be responsible for the appointment of
the commissioner who shall serve on the interstate commission from that
state. Each state council shall appoint as its commissioner the compact
administrator from that state to serve on the interstate commission in
such capacity under or pursuant to applicable law of the member state.
While each member state may determine the membership of its own state
council, its membership must include at least one representative from
the legislative, judicial and executive branches of government, victims
groups and compact administrators. Each compacting state retains the
right to determine the qualifications of the compact administrator who
shall be appointed by the state council or by the governor in
consultation with the legislature and the judiciary. In addition to
appointment of its commissioner to the national interstate commission,
each state council shall exercise oversight and advocacy concerning its
participation in interstate commission activities and other duties as
may be determined by each member state including but not limited to,
development of policy concerning operations and procedures of the
compact within that state. The compact administrator shall be appointed
by the governor in consultation with the temporary president of the
senate, the speaker of the assembly and the chief judge of the court of
appeals. The state council shall appoint the compact administrator to
serve on the interstate commission pursuant to this section.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
(a) to adopt a seal and suitable by-laws governing the management and
operation of the interstate commission;
(b) to promulgate rules which shall have the force and effect of
statutory law and shall be binding in the compacting states to the
extent and in the manner provided in this compact;
(c) to oversee, supervise and coordinate the interstate movement of
offenders subject to the terms of this compact and any by-laws adopted
and rules promulgated by the compact commission;
(d) to enforce compliance with compact provisions, interstate
commission rules, and by-laws using all necessary and proper means,
including but not limited to, the use of judicial order;
(e) to establish and maintain offices;
(f) to purchase and maintain insurance and bonds;
(g) to borrow, accept or contract for services of personnel,
including, but not limited to, members and their staffs;
(h) to establish and appoint committees and hire staff which it deems
necessary for the carrying out of its functions including, but not
limited to, an executive committee as required by article III of this
compact which shall have the power to act on behalf of the interstate
commission in carrying out its powers and duties pursuant to this
compact;
(i) 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;
(j) to accept any and all donations and grants of money, equipment,
supplies, materials and services, and to receive, utilize and dispose of
same;
(k) to lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal or
mixed;
(l) to sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property, real, personal or mixed;
(m) to establish a budget and make expenditures and levy dues as
provided in article X of this compact;
(n) to sue and be sued;
(o) to provide for dispute resolution among compacting states;
(p) to perform such functions as may be necessary or appropriate to
achieve the purposes of this compact;
(q) to report annually to the legislatures, governors, judiciary and
state councils of the compacting states concerning the activities of the
interstate commission during the preceding year. Such reports shall also
include any recommendations that may have been adopted by the interstate
commission;
(r) to coordinate education, training and public awareness regarding
the interstate movement of offenders for officials involved in such
activity; and
(s) to establish uniform standards for the reporting, collecting and
exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(a) By-laws. The interstate commission shall, by a majority of the
members, within twelve months of the first interstate commission
meeting, adopt by-laws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the compact, including, but not
limited to:
1. establishing the fiscal year of the interstate commission;
2. establishing an executive committee and such other committees as
may be necessary;
3. providing reasonable standards and procedures:
a. for the establishment of committees, and
b. governing any general or specific delegation of any authority or
function of the interstate commission;
4. providing reasonable procedures for calling and conducting meetings
of the interstate commission, and ensuring reasonable notice of each
such meeting;
5. establishing the titles and responsibilities of the officers of the
interstate commission;
6. 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 by-laws shall exclusively govern the personnel
policies and programs of the interstate commission;
7. providing a mechanism for winding up the operations of the
interstate commission and the equitable return of any surplus funds that
may exist upon the termination of the compact after the payment and/or
reserving of all of its debts and obligations;
8. providing transition rules for "start up" administration of the
compact; and
9. establishing standards and procedures for compliance and technical
assistance in carrying out the compact.
(b) Officers and staff. The interstate commission shall, by a majority
of the members, elect from among its members a chairperson and a vice
chairperson, each of whom shall have such authorities and duties as may
be specified in the by-laws. The chairperson or, in his or her absence
or disability, the vice chairperson, shall preside at all meetings of
the interstate commission. The officers so elected shall serve without
compensation or remuneration from the interstate commission; provided
that, subject to the availability of budgeted funds, the officers shall
be reimbursed for any actual and necessary costs and expenses incurred
by them in the performance of their duties and responsibilities as
officers of the interstate commission.
The interstate commission shall, through its executive committee,
appoint or retain an executive director for such period, upon such terms
and conditions and for such compensation as the interstate commission
may deem appropriate. The executive director shall serve as secretary to
the interstate commission, and hire and supervise such other staff as
may be authorized by the interstate commission, but shall not be a
member.
(c) Corporate records of the interstate commission. The interstate
commission shall maintain its corporate books and records in accordance
with the by-laws.
(d) Qualified immunity, defense and indemnification. 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 cause or arising out of any
actual or alleged act, error or omission that occurred within the scope
of interstate commission employment, duties or responsibilities;
provided, that nothing in this subdivision shall be construed to protect
any such person from suit and/or liability for any damage, loss, injury
or liability caused by the intentional or willful and wanton misconduct
of any such person. The interstate commission shall defend the
commissioner of a compacting state, or his or her representatives or
employees, or the interstate commission's representatives or employees,
in any civil action seeking to impose liability, arising out of any
actual or alleged act, error or omission that occurred within the scope
of interstate commission employment, duties or responsibilities, or that
the defendant had a reasonable basis for believing occurred within the
scope of interstate commission employment, duties or responsibilities;
provided, that the actual or alleged act, error or omission did not
result from intentional wrongdoing on the part of such person.
The interstate commission shall indemnify and hold the commissioner of
a compacting state, the appointed designee or employees, or the
interstate commission's representatives or employees, harmless in the
amount of any settlement or judgment obtained against such persons
arising out of any actual or alleged act, error or omission that
occurred within the scope of interstate commission employment, duties or
responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of interstate commission employment,
duties or responsibilities, provided, that the actual or alleged act,
error or omission did not result from gross negligence or intentional
wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
The interstate commission shall meet and take such actions as are
consistent with the provisions of this compact.
Except as otherwise provided in this compact and unless a greater
percentage is required by the by-laws, in order to constitute an act of
the interstate commission, such act shall have been taken at a meeting
of the interstate commission and shall have received an affirmative vote
of a majority of the members present.
Each member of the interstate commission shall have the right and
power to cast a vote to which that compacting state is entitled and to
participate in the business and affairs of the interstate commission. A
member shall vote in person on behalf of the state and shall not
delegate a vote to another member state. However, a state council shall
appoint another authorized representative, in the absence of the
commissioner from that state, to cast a vote on behalf of the member
state at a specified meeting. The by-laws 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.
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.
The interstate commission's by-laws shall establish conditions and
procedures under which the interstate commission shall make its
information and official records available to the public for inspection
or copying. The interstate commission may exempt from disclosure any
information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests. In promulgating
such rules, the interstate commission may make available to law
enforcement agencies records and information otherwise exempt from
disclosure, and may enter into agreements with law enforcement agencies
to receive or exchange information or records subject to nondisclosure
and confidentiality provisions.
Public notice shall be given of all meetings and all meetings shall be
open to the public, except as set forth in the rules or as otherwise
provided in the compact. The interstate commission shall promulgate
rules consistent with the principles contained in the "Government in
Sunshine Act," 5 U.S.C. Section 552(b), as may be amended. The
interstate commission and any of its committees may close a meeting to
the public where it determines by a two-thirds vote that an open meeting
would be likely to:
(a) relate solely to the interstate commission's internal personnel
practices and procedures;
(b) disclose matters specifically exempted from disclosure by statute;
(c) disclose trade secrets or commercial or financial information
which is privileged or confidential;
(d) involve accusing any person of a crime, or formally censuring any
person;
(e) disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(f) disclose investigatory records compiled for law enforcement
purposes;
(g) disclose information contained in or related to examination,
operating or 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; or
(i) specifically relate to the interstate commission's issuance of a
subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this article, the interstate
commission's chief legal officer shall publicly certify that, in his or
her opinion, the meeting may be closed to the public, and shall
reference each relevant exemptive provision. The interstate commission
shall keep minutes which shall fully and clearly describe all matters
discussed in any meeting and shall provide a full and accurate summary
of any actions taken, and the reasons therefor, including a description
of each of the views expressed on any item and the record of any
rollcall 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.
The interstate commission shall collect standardized data concerning
the interstate movement of offenders as directed through its by-laws and
rules which shall specify the data to be collected, the means of
collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
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.
Rulemaking shall occur pursuant to the criteria set forth in this
article and the by-laws and rules adopted pursuant thereto. Such
rulemaking shall substantially conform to the principles of the federal
Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the
Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as
may be amended (hereinafter referred to as "APA"). All rules and
amendments shall become binding as of the date specified in each rule or
amendment.
If a majority of the legislatures of the compacting states rejects a
rule, by enactment of a statute or resolution in the same manner used to
adopt the compact, then such rule shall have no further force and effect
in any compacting state.
When promulgating a rule, the interstate commission shall:
(a) publish the proposed rule stating with particularity the text of
the rule which is proposed and the reason for the proposed rule;
(b) allow persons to submit written data, facts, opinions and
arguments, which information shall be publicly available;
(c) provide an opportunity for an informal hearing; and
(d) promulgate a final rule and its effective date, if appropriate,
based on the rulemaking record.
Not later than sixty days after a rule is promulgated, any interested
person may file a petition in the United States District Court for the
District of Columbia or in the Federal District Court where the
interstate commission principal office is located for judicial review of
such rule. If the court finds that the interstate commission's action is
not supported by substantial evidence, (as defined in the APA), in the
rulemaking record, the court shall hold the rule unlawful and set it
aside. Subjects to be addressed within twelve months after the first
meeting must at a minimum include:
1. notice to victims and opportunity to be heard;
2. offender registration and compliance;
3. violations/returns;
4. transfer procedures and forms;
5. eligibility for transfer;
6. collection of restitution and fees from offenders;
7. data collection and reporting;
8. the level of supervision to be provided by the receiving state;
9. 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
10. 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 months after
the first meeting of the interstate commission created pursuant to this
compact.
Upon determination by the interstate commission that an emergency
exists, it may promulgate an emergency rule which shall become effective
immediately upon adoption, provided that the usual rulemaking procedures
provided hereunder shall be retroactively applied to said rule as soon
as reasonably possible, in no event later than ninety days after the
effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
(a) Oversight. The interstate commission shall oversee the interstate
movement of adult offenders in the compacting states and shall monitor
such activities being administered in non-compacting states which may
significantly affect compacting states.
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.
(b) Dispute resolution. The compacting states shall report to the
interstate commission on issues or activities of concern to them, and
cooperate with and support the interstate commission in the discharge of
its duties and responsibilities.
The interstate commission shall attempt to resolve any disputes or
other issues which are subject to the compact and which may arise among
compacting states and non-compacting states.
The interstate commission shall enact a by-law or promulgate a rule
providing for both mediation and binding dispute resolution for disputes
among the compacting states.
(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 XII, subdivision (b), of this
compact.
ARTICLE X
FINANCE
The interstate commission shall pay or provide for the payment of the
reasonable expenses of its establishment, organization and ongoing
activities.
The interstate commission shall levy on and collect an annual
assessment from each compacting state to cover the cost of the internal
operations and activities of the interstate commission and its staff
which must be in a total amount sufficient to cover the interstate
commission's annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be
determined by the interstate commission, taking into consideration the
population of the state and the volume of interstate movement of
offenders in each compacting state and shall promulgate a rule binding
upon compacting states which governs said assessment.
The interstate commission shall not incur any obligations of any kind
prior to securing the funds adequate to meet the same; nor shall the
interstate commission pledge the credit of any of the compacting states,
except by and with the authority of the compacting state.
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 by-laws. 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 XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
Any state, as defined in article II of this compact, is eligible to
become a compacting state. The compact shall become effective and
binding upon legislative enactment of the compact into law by no less
than thirty-five of the states. The initial effective date shall be the
later of July first, two thousand three, or upon enactment into law by
the thirty-fifth jurisdiction. Thereafter it shall become effective and
binding, as to any other compacting state and in the state of New York,
upon enactment of the compact into law by that state. The governors of
non-member states or their designees will be invited to participate in
interstate commission activities on a non-voting basis prior to adoption
of the compact by all states and territories of the United States.
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 and until it is enacted into law by unanimous consent of
the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
(a) Withdrawal. Once effective, the compact shall continue in force
and remain binding upon each and every compacting state; provided, that
a compacting state may withdraw from the compact ("withdrawing state")
by enacting a statute specifically repealing the statute which enacted
the compact into law.
The effective date of withdrawal is the effective date of the repeal.
The withdrawing state shall immediately notify the chairperson of the
interstate commission in writing upon the introduction of legislation
repealing this compact in the withdrawing state. The interstate
commission shall notify the other compacting states of the withdrawing
state's intent to withdraw within sixty days of its receipt thereof.
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. 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.
(b) Default. 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 by-laws or any duly promulgated rules the interstate
commission may impose any or all of the following penalties:
1. Fines, fees and costs in such amounts as are deemed to be
reasonable as fixed by the interstate commission;
2. Remedial training and technical assistance as directed by the
interstate commission;
3. Suspension and termination of membership in the compact. Suspension
shall be imposed only after all other reasonable means of securing
compliance under the by-laws 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 by-laws, or duly
promulgated rules. The interstate commission shall immediately notify
the defaulting state in writing of the penalty imposed by the interstate
commission on the defaulting state pending a cure of the default. The
interstate commission shall stipulate the conditions and the time period
within which the defaulting state must cure its default. If the
defaulting state fails to cure the default within the time period
specified by the interstate commission, in addition to any other
penalties imposed herein, the defaulting state may be terminated from
the compact upon an affirmative vote of a majority of the compacting
states and all rights, privileges and benefits conferred by this compact
shall be terminated from the effective date of suspension. Within sixty
days of the effective date of termination of a defaulting state, the
interstate commission shall notify the governor, the chief justice or
chief judicial officer, the majority and minority leaders of the
defaulting state's legislature, and the state council of such
termination.
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.
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.
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.
(c) Judicial enforcement. The interstate commission may, by majority
vote of the members, initiate legal action in the United States District
Court for the District of Columbia or, at the discretion of the
interstate commission, in the federal district where the interstate
commission has its offices to enforce compliance with the provisions of
the compact, its duly promulgated rules and by-laws, against any
compacting state in default. In the event judicial enforcement is
necessary the prevailing party shall be awarded all costs of such
litigation including reasonable attorneys' fees.
(d) Dissolution of compact. The compact dissolves effective upon the
date of the withdrawal or default of the compacting state which reduces
membership in the compact to one compacting state.
Upon the dissolution of this compact, the compact becomes null and
void and shall be of no further force or effect, and the business and
affairs of the interstate commission shall be wound up and any surplus
funds shall be distributed in accordance with the by-laws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
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.
The provisions of this compact shall be liberally constructed to
effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other laws. Nothing in this compact prevents the enforcement of
any other law of a compacting state that is not inconsistent with this
compact.
All compacting states' laws conflicting with this compact are
superseded to the extent of the conflict.
(b) Binding effect of the compact. All lawful actions of the
interstate commission, including all rules and by-laws promulgated by
the interstate commission, are binding upon the compacting states.
All agreements between the interstate commission and the compacting
states are binding in accordance with their terms.
Upon the request of a party to a conflict over meaning or
interpretation of interstate commission actions, and upon a majority
vote of the compacting states, the interstate commission may issue
advisory opinions regarding such meaning or interpretation.
In the event any provision of this compact exceeds the constitutional
limits imposed on the legislature of any compacting state, the
obligations, duties, powers or jurisdiction sought to be conferred by
such provision upon the interstate commission shall be ineffective and
such obligations, duties, powers or jurisdiction shall remain in the
compacting state and shall be exercised by the agency thereof to which
such obligations, duties, powers or jurisdiction are delegated by law in
effect at the time this compact becomes effective.
* NB Repealed September 1, 2013
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