Text: HF02488 Text: HF02490 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 422.7, subsection 12, paragraph c, Code 1 2 1999, is amended to read as follows: 1 3 c. An individual, whether or not domiciled in this state 1 4 at the time of the hiring, who is on parole or probation and 1 5 to whom the interstateprobation and parolecompact for adult 1 6 offenders undersection 907A.1chapter 907B applies. 1 7 Sec. 2. Section 422.7, subsection 12A, paragraph b, 1 8 unnumbered paragraph 1, Code 1999, is amended to read as 1 9 follows: 1 10 An individual, whether or not domiciled in this state at 1 11 the time of the hiring, who is on parole or probation and to 1 12 whom the interstateprobation and parolecompact for adult 1 13 offenders undersection 907A.1chapter 907B applies. 1 14 Sec. 3. Section 422.35, subsection 6, paragraph c, 1 15 unnumbered paragraph 1, Code Supplement 1999, is amended to 1 16 read as follows: 1 17 An individual, whether or not domiciled in this state at 1 18 the time of the hiring, who is on parole or probation and to 1 19 whom the interstateprobation and parolecompact for adult 1 20 offenders undersection 907A.1chapter 907B applies. 1 21 Sec. 4. Section 422.35, subsection 6A, paragraph b, 1 22 unnumbered paragraph 1, Code Supplement 1999, is amended to 1 23 read as follows: 1 24 An individual, whether or not domiciled in this state at 1 25 the time of the hiring, who is on parole or probation and to 1 26 whom the interstateprobation and parolecompact for adult 1 27 offenders undersection 907A.1chapter 907B applies. 1 28 Sec. 5. NEW SECTION. 907B.1 CITATION. 1 29 This chapter may be cited as the "Interstate Compact for 1 30 Adult Offender Supervision". 1 31 Sec. 6. NEW SECTION. 907B.2 INTERSTATE COMPACT FOR ADULT 1 32 OFFENDER SUPERVISION. 1 33 The national interstate compact for adult offender 1 34 supervision is enacted into law and entered into by this state 1 35 with any other state or jurisdiction legally joining the 2 1 compact in the form substantially as follows: 2 2 ARTICLE I 2 3 DEFINITIONS 2 4 As used in this compact, unless the context clearly 2 5 requires otherwise: 2 6 1. ADULT. "Adult" means both individuals legally 2 7 classified as adults and juveniles treated as adults by court 2 8 order, statute, or operation of law. 2 9 2. BYLAWS. "Bylaws" means those bylaws established by the 2 10 interstate commission for its governance, or for directing or 2 11 controlling the interstate commission's actions or conduct. 2 12 3. COMPACT ADMINISTRATOR. "Compact administrator" means 2 13 the individual in each compacting state appointed pursuant to 2 14 the terms of this compact responsible for the administration 2 15 and management of the state's supervision and transfer of 2 16 offenders subject to the terms of this compact, the rules 2 17 adopted by the interstate commission and policies adopted by 2 18 the state council under this compact. 2 19 4. COMPACTING STATE. "Compacting state" means any state 2 20 which has enacted the enabling legislation for this compact. 2 21 5. COMMISSIONER. "Commissioner" means the voting 2 22 representative of each compacting state appointed pursuant to 2 23 article II of this compact. 2 24 6. INTERSTATE COMMISSION. "Interstate commission" means 2 25 the interstate commission for adult offender supervision 2 26 established by this compact. 2 27 7. MEMBER. "Member" means the commissioner of a 2 28 compacting state or designee, who shall be a person officially 2 29 connected with the commissioner. 2 30 8. NONCOMPACTING STATE. "Noncompacting state" means any 2 31 state which has not enacted the enabling legislation for this 2 32 compact. 2 33 9. OFFENDER. "Offender" means an adult placed under, or 2 34 subject, to supervision as the result of the commission of a 2 35 criminal offense and released to the community under the 3 1 jurisdiction of courts, paroling authorities, corrections, or 3 2 other criminal justice agencies. 3 3 10. PERSON. "Person" means any individual, corporation, 3 4 business enterprise, or other legal entity, either public or 3 5 private. 3 6 11. RULES. "Rules" means acts of the interstate 3 7 commission, duly promulgated pursuant to article VII of this 3 8 compact, substantially affecting interested parties in 3 9 addition to the interstate commission, which shall have the 3 10 force and effect of law in the compacting states. 3 11 12. STATE. "State" means a state of the United States, 3 12 the District of Columbia and any other territorial possessions 3 13 of the United States. 3 14 13. STATE COUNCIL. "State council" means the resident 3 15 members of the state council for interstate adult offender 3 16 supervision created by each state under article III of this 3 17 compact. 3 18 ARTICLE II 3 19 THE COMPACT COMMISSION 3 20 1. The compacting states hereby create the interstate 3 21 commission for adult offender supervision. The interstate 3 22 commission shall be a body corporate and joint agency of the 3 23 compacting states. The interstate commission shall have all 3 24 the responsibilities, powers and duties set forth herein, 3 25 including the power to sue and be sued, and such additional 3 26 powers as may be conferred upon it by subsequent action of the 3 27 respective legislatures of the compacting states in accordance 3 28 with the terms of this compact. 3 29 2. The interstate commission shall consist of 3 30 commissioners selected and appointed by resident members of a 3 31 state council for interstate adult offender supervision for 3 32 each state. 3 33 3. In addition to the commissioners who are the voting 3 34 representatives of each state, the interstate commission shall 3 35 include individuals who are not commissioners but who are 4 1 members of interested organizations; such noncommissioner 4 2 members must include a member of the national organizations of 4 3 governors, legislators, state chief justices, attorneys 4 4 general, and crime victims. All noncommissioner members of 4 5 the interstate commission shall be ex officio members. The 4 6 interstate commission may provide in its bylaws for such 4 7 additional, ex officio, nonvoting members as it deems 4 8 necessary. 4 9 4. Each compacting state represented at any meeting of the 4 10 interstate commission is entitled to one vote. A majority of 4 11 the compacting states shall constitute a quorum for the 4 12 transaction of business, unless a larger quorum is required by 4 13 the bylaws of the interstate commission. 4 14 5. The interstate commission shall meet at least once each 4 15 calendar year. The chairperson may call additional meetings 4 16 and, upon the request of twenty-seven or more compacting 4 17 states, shall call additional meetings. Public notice shall 4 18 be given of all meetings and meetings shall be open to the 4 19 public. 4 20 6. The interstate commission shall establish an executive 4 21 committee which shall include commission officers, members and 4 22 others as shall be determined by the bylaws. The executive 4 23 committee shall have the power to act on behalf of the 4 24 interstate commission during periods when the interstate 4 25 commission is not in session, with the exception of rulemaking 4 26 and amendment to the compact. The executive committee 4 27 oversees the day-to-day activities managed by the executive 4 28 director and interstate commission staff administers 4 29 enforcement and compliance with the provisions of the compact 4 30 its bylaws and as directed by the interstate commission and 4 31 performs other duties as directed by commission or set forth 4 32 in the bylaws. 4 33 ARTICLE III 4 34 THE STATE COUNCIL 4 35 Each member state shall create a state council for 5 1 interstate adult offender supervision which shall be 5 2 responsible for the appointment of the commissioner who shall 5 3 serve on the interstate commission from that state. Each 5 4 state council shall appoint as its commissioner the compact 5 5 administrator from that state to serve on the interstate 5 6 commission in such capacity under or pursuant to applicable 5 7 law of the member state. While each member state may 5 8 determine the membership of its own state council, its 5 9 membership must include at least one representative from the 5 10 legislative, judicial, and executive branches of government, 5 11 victims groups and compact administrators. Each compacting 5 12 state retains the right to determine the qualifications of the 5 13 compact administrator who shall be appointed by the state 5 14 council or by the governor in consultation with the 5 15 legislature and the judiciary. In addition to appointment of 5 16 its commissioner to the interstate commission, each state 5 17 council shall exercise oversight and advocacy concerning its 5 18 participation in interstate commission activities and other 5 19 duties as may be determined by each member state including but 5 20 not limited to, development of policy concerning operations 5 21 and procedures of the compact within that state. 5 22 ARTICLE IV 5 23 POWERS AND DUTIES OF THE INTERSTATE COMMISSION 5 24 The interstate commission shall have the following powers: 5 25 1. To adopt a seal and suitable bylaws governing the 5 26 management and operation of the interstate commission. 5 27 2. To promulgate rules which shall have the force and 5 28 effect of statutory law and shall be binding in the compacting 5 29 states to the extent and in the manner provided in this 5 30 compact. 5 31 3. To oversee, supervise and coordinate the interstate 5 32 movement of offenders subject to the terms of this compact and 5 33 any bylaws adopted and rules promulgated by the interstate 5 34 commission. 5 35 4. To enforce compliance with compact provisions, 6 1 interstate commission rules, and bylaws, using all necessary 6 2 and proper means, including but not limited to, the use of 6 3 judicial process. 6 4 5. To establish and maintain offices. 6 5 6. To purchase and maintain insurance and bonds. 6 6 7. To borrow, accept, or contract for services of 6 7 personnel, including, but not limited to, members and their 6 8 staffs. 6 9 8. To establish and appoint committees and hire staff 6 10 which it deems necessary for the carrying out of its functions 6 11 including, but not limited to, an executive committee as 6 12 required by article II which shall have the power to act on 6 13 behalf of the interstate commission in carrying out its powers 6 14 and duties hereunder. 6 15 9. To elect or appoint such officers, attorneys, 6 16 employees, agents, or consultants, and to fix their 6 17 compensation, define their duties and determine their 6 18 qualifications; and to establish the interstate commission's 6 19 personnel policies and programs relating to, among other 6 20 things, conflicts of interest, rates of compensation, and 6 21 qualifications of personnel. 6 22 10. To accept any and all donations and grants of money, 6 23 equipment, supplies, materials, and services, and to receive, 6 24 utilize, and dispose of same. 6 25 11. To lease, purchase, accept contributions or donations 6 26 of, or otherwise to own, hold, improve or use any property, 6 27 real, personal, or mixed. 6 28 12. To sell, convey, mortgage, pledge, lease, exchange, 6 29 abandon, or otherwise dispose of any property, real, personal 6 30 or mixed. 6 31 13. To establish a budget and make expenditures and levy 6 32 dues as provided in article IX of this compact. 6 33 14. To sue and be sued. 6 34 15. To provide for dispute resolution among compacting 6 35 states. 7 1 16. To perform such functions as may be necessary or 7 2 appropriate to achieve the purposes of this compact. 7 3 17. To report annually to the legislatures, governors, 7 4 judiciary, and state councils of the compacting states 7 5 concerning the activities of the interstate commission during 7 6 the preceding year. Such reports shall also include any 7 7 recommendations that may have been adopted by the interstate 7 8 commission. 7 9 18. To coordinate education, training and public awareness 7 10 regarding the interstate movement of offenders for officials 7 11 involved in such activity. 7 12 19. To establish uniform standards for the reporting, 7 13 collecting, and exchanging of data. 7 14 ARTICLE V 7 15 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 7 16 1. BYLAWS. The interstate commission shall, by a majority 7 17 of the members, within twelve months of the first interstate 7 18 commission meeting, adopt bylaws to govern its conduct as may 7 19 be necessary or appropriate to carry out the purposes of the 7 20 compact, including, but not limited to: 7 21 a. Establishing the fiscal year of the interstate 7 22 commission. 7 23 b. Establishing an executive committee and such other 7 24 committees as may be necessary. 7 25 c. Providing reasonable standards and procedures: 7 26 (1) For the establishment of committees. 7 27 (2) Governing any general or specific delegation of any 7 28 authority or function of the interstate commission; 7 29 d. Providing reasonable procedures for calling and 7 30 conducting meetings of the interstate commission, and ensuring 7 31 reasonable notice of each such meeting. 7 32 e. Establishing the titles and responsibilities of the 7 33 officers of the interstate commission. 7 34 f. Providing reasonable standards and procedures for the 7 35 establishment of the personnel policies and programs of the 8 1 interstate commission. Notwithstanding any civil service or 8 2 other similar laws of any compacting state, the bylaws shall 8 3 exclusively govern the personnel policies and programs of the 8 4 interstate commission. 8 5 g. Providing a mechanism for winding up the operations of 8 6 the interstate commission and the equitable return of any 8 7 surplus funds that may exist upon the termination of the 8 8 compact after the payment or reserving of all of its debts and 8 9 obligations. 8 10 h. Providing transition rules for startup administration 8 11 of the compact. 8 12 i. Establishing standards and procedures for compliance 8 13 and technical assistance in carrying out the compact. 8 14 2. OFFICERS AND STAFF. 8 15 a. The interstate commission shall, by a majority of the 8 16 members, elect from among its members a chairperson and a vice 8 17 chairperson, each of whom shall have such authorities and 8 18 duties as may be specified in the bylaws. The chairperson or, 8 19 in the chairperson's absence or disability, the vice 8 20 chairperson, shall preside at all meetings of the interstate 8 21 commission. The officers so elected shall serve without 8 22 compensation or remuneration from the interstate commission; 8 23 provided that, subject to the availability of budgeted funds, 8 24 the officers shall be reimbursed for any actual and necessary 8 25 costs and expenses incurred by them in the performance of 8 26 their duties and responsibilities as officers of the 8 27 interstate commission. 8 28 b. The interstate commission shall, through its executive 8 29 committee, appoint or retain an executive director for such 8 30 period, upon such terms and conditions and for such 8 31 compensation as the interstate commission may deem 8 32 appropriate. The executive director shall serve as secretary 8 33 to the interstate commission, and hire and supervise such 8 34 other staff as may be authorized by the interstate commission, 8 35 but shall not be a member. 9 1 3. CORPORATE RECORDS OF THE INTERSTATE COMMISSION. The 9 2 interstate commission shall maintain its corporate books and 9 3 records in accordance with the bylaws. 9 4 4. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. 9 5 a. The members, officers, executive director and employees 9 6 of the interstate commission shall be immune from suit and 9 7 liability, either personally or in their official capacity, 9 8 for any claim for damage to or loss of property or personal 9 9 injury or other civil liability caused or arising out of any 9 10 actual or alleged act, error or omission that occurred within 9 11 the scope of interstate commission employment, duties or 9 12 responsibilities; provided, that nothing in this paragraph 9 13 shall be construed to protect any such person from suit and 9 14 liability for any damage, loss, injury or liability caused by 9 15 the intentional or willful and wanton misconduct of any such 9 16 person. 9 17 b. The interstate commission shall defend the commissioner 9 18 of a compacting state, or the commissioner's representatives 9 19 or employees, or the interstate commission's representatives 9 20 or employees, in any civil action seeking to impose liability, 9 21 arising out of any actual or alleged act, error or omission 9 22 that occurred within the scope of interstate commission 9 23 employment, duties or responsibilities, or that the defendant 9 24 had a reasonable basis for believing occurred within the scope 9 25 of interstate commission employment, duties or 9 26 responsibilities; provided, that the actual or alleged act, 9 27 error or omission did not result from intentional wrongdoing 9 28 on the part of such person. 9 29 c. The interstate commission shall indemnify and hold the 9 30 commissioner of a compacting state, the appointed designee or 9 31 employees, or the interstate commission's representatives or 9 32 employees, harmless in the amount of any settlement or 9 33 judgment obtained against such persons arising out of any 9 34 actual or alleged act, error or omission that occurred within 9 35 the scope of interstate commission employment, duties or 10 1 responsibilities, or that such persons had a reasonable basis 10 2 for believing occurred within the scope of interstate 10 3 commission employment, duties or responsibilities, provided, 10 4 that the actual or alleged act, error or omission did not 10 5 result from gross negligence or intentional wrongdoing on the 10 6 part of such person. 10 7 ARTICLE VI 10 8 ACTIVITIES OF THE INTERSTATE COMMISSION 10 9 1. The interstate commission shall meet and take such 10 10 actions as are consistent with the provisions of this compact. 10 11 2. Except as otherwise provided in this compact and unless 10 12 a greater percentage is required by the bylaws, in order to 10 13 constitute an act of the interstate commission, such act shall 10 14 have been taken at a meeting of the interstate commission and 10 15 shall have received an affirmative vote of a majority of the 10 16 members present. 10 17 3. Each member of the interstate commission shall have the 10 18 right and power to cast a vote to which that compacting state 10 19 is entitled and to participate in the business and affairs of 10 20 the interstate commission. A member shall vote in person on 10 21 behalf of the state and shall not delegate a vote to another 10 22 member state. However, a state council shall appoint another 10 23 authorized representative, in the absence of the commissioner 10 24 from that state, estate to cast a vote on behalf of the member 10 25 state at a specified meeting. The bylaws may provide for 10 26 members' participation in meetings by telephone or other means 10 27 of telecommunication or electronic communication. Any voting 10 28 conducted by telephone, or other means of telecommunication or 10 29 electronic communication shall be subject to the same quorum 10 30 requirements of meetings where members are present in person. 10 31 4. The interstate commission shall meet at least once 10 32 during each calendar year. The chairperson of the interstate 10 33 commission may call additional meetings at any time and, upon 10 34 the request of a majority of the members, shall call 10 35 additional meetings. 11 1 5. The interstate commission's bylaws shall establish 11 2 conditions and procedures under which the interstate 11 3 commission shall make its information and official records 11 4 available to the public for inspection or copying. The 11 5 interstate commission may exempt from disclosure any 11 6 information or official records to the extent they would 11 7 adversely affect personal privacy rights or proprietary 11 8 interests. In promulgating such rules, the interstate 11 9 commission may make available to law enforcement agencies 11 10 records and information otherwise exempt from disclosure, and 11 11 may enter into agreements with law enforcement agencies to 11 12 receive or exchange information or records subject to 11 13 nondisclosure and confidentiality provisions. 11 14 6. Public notice shall be given of all meetings and all 11 15 meetings shall be open to the public, except as set forth in 11 16 the rules or as otherwise provided in the compact. The 11 17 interstate commission shall promulgate rules consistent with 11 18 the principles contained in the federal Government in Sunshine 11 19 Act, 5 U.S.C. } 552(6), as may be amended. The interstate 11 20 commission and any of its committees may close a meeting to 11 21 the public where it determines by two-thirds vote that an open 11 22 meeting would be likely to: 11 23 a. Relate solely to the interstate commission's internal 11 24 personnel practices and procedures. 11 25 b. Disclose matters specifically exempted from disclosure 11 26 by statute. 11 27 c. Disclosure trade secrets or commercial or financial 11 28 information which is privileged or confidential. 11 29 d. Involve accusing any person of a crime, or formally 11 30 censuring any person. 11 31 e. Disclose information of a personal nature where 11 32 disclosure would constitute a clearly unwarranted invasion of 11 33 personal privacy. 11 34 f. Disclose investigatory records compiled for law 11 35 enforcement purposes. 12 1 g. Disclose information contained in or related to 12 2 examination, operating or condition reports prepared by, or on 12 3 behalf of or for the use of, the interstate commission with 12 4 respect to a regulated entity for the purpose of regulation or 12 5 supervision of such entity. 12 6 h. Disclose information, the premature disclosure of which 12 7 would significantly endanger the life of a person or the 12 8 stability of a regulated entity. 12 9 i. Specifically relate to the interstate commission's 12 10 issuance of a subpoena, or its participation in a civil action 12 11 or proceeding. 12 12 7. For every meeting closed pursuant to this provision, 12 13 the interstate commission's chief legal officer shall publicly 12 14 certify that, in the officer's opinion, the meeting may be 12 15 closed to the public, and shall reference each relevant 12 16 exemptive provision. The interstate commission shall keep 12 17 minutes which shall fully and clearly describe all matters 12 18 discussed in any meeting and shall provide a full and accurate 12 19 summary of any actions taken, and the reasons therefor, 12 20 including a description of each of the views expressed on any 12 21 item and the record of any roll call vote, reflected in the 12 22 vote of each member on the question. All documents considered 12 23 in connection with any action shall be identified in such 12 24 minutes. 12 25 8. The interstate commission shall collect standardized 12 26 data concerning the interstate movement of offenders as 12 27 directed through its bylaws and rules which shall specify the 12 28 data to be collected, the means of collection and data 12 29 exchange and reporting requirements. 12 30 ARTICLE VII 12 31 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 12 32 1. The interstate commission shall promulgate rules in 12 33 order to effectively and efficiently achieve the purposes of 12 34 the compact including transition rules governing 12 35 administration of the compact during the period in which it is 13 1 being considered and enacted by the states. 13 2 2. Rulemaking shall occur pursuant to the criteria set 13 3 forth in this article and the bylaws and rules adopted 13 4 pursuant thereto. Such rulemaking shall substantially conform 13 5 to the principles of the federal Administrative Procedure Act, 13 6 5 U.S.C. } 551 et seq., and the federal Advisory Committee 13 7 Act, 5 U.S.C. app. 2, } 1 et seq., as may be amended. 13 8 3. All rules and amendments shall become binding as of the 13 9 date specified in each rule or amendment. 13 10 4. If a majority of the legislatures of the compacting 13 11 states rejects a rule, by enactment of a statute or resolution 13 12 in the same manner used to adopt the compact, then such rule 13 13 shall have no further force and effect in any compacting 13 14 state. 13 15 5. When promulgating a rule, the interstate commission 13 16 shall do all of the following: 13 17 a. Publish the proposed rule stating with particularity 13 18 the text of the rule which is proposed and the reason for the 13 19 proposed rule. 13 20 b. Allow persons to submit written data, facts, opinions 13 21 and arguments, which information shall be publicly available. 13 22 c. Provide an opportunity for an informal hearing. 13 23 d. Promulgate a final rule and its effective date, if 13 24 appropriate, based on the rulemaking record. 13 25 6. Not later than sixty days after a rule is promulgated, 13 26 any interested person may file a petition in the United States 13 27 district court for the District of Columbia or in the United 13 28 States district court where the interstate commission's 13 29 principal office is located for judicial review of such rule. 13 30 If the court finds that the interstate commission's action is 13 31 not supported by substantial evidence, as defined in the 13 32 federal Administrative Procedure Act, in the rulemaking 13 33 record, the court shall hold the rule unlawful and set it 13 34 aside. 13 35 7. Subjects to be addressed within twelve months after the 14 1 first meeting must at a minimum include: 14 2 a. Notice to victims and opportunity to be heard. 14 3 b. Offender registration and compliance. 14 4 c. Violations and returns. 14 5 d. Transfer procedures and forms. 14 6 e. Eligibility for transfer. 14 7 f. Collection of restitution and fees from offenders. 14 8 g. Data collection and reporting. 14 9 h. The level of supervision to be provided by the 14 10 receiving state. 14 11 i. Transition rules governing the operation of the compact 14 12 and the interstate commission during all or part of the period 14 13 between the effective date of the compact and the date on 14 14 which the last eligible state adopts the compact. 14 15 j. Mediation, arbitration and dispute resolution. The 14 16 existing rules governing the operation of the previous compact 14 17 superceded by this Act shall be null and void twelve months 14 18 after the first meeting of the interstate commission created 14 19 hereunder. 14 20 8. Upon determination by the interstate commission that an 14 21 emergency exists, it may promulgate an emergency rule which 14 22 shall become effective immediately upon adoption, provided 14 23 that the usual rulemaking procedures provided hereunder shall 14 24 be retroactively applied to said rule as soon as reasonably 14 25 possible, in no event later than ninety days after the 14 26 effective date of the rule. 14 27 ARTICLE VIII 14 28 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION 14 29 BY THE INTERSTATE COMMISSION 14 30 1. OVERSIGHT. 14 31 a. The interstate commission shall oversee the interstate 14 32 movement of adult offenders in the compacting states and shall 14 33 monitor such activities being administered in noncompacting 14 34 states which may significantly affect compacting states. 14 35 b. The courts and executive agencies in each compacting 15 1 state shall enforce this compact and shall take all actions 15 2 necessary and appropriate to effectuate the compact's purposes 15 3 and intent. In any judicial or administrative proceeding in a 15 4 compacting state pertaining to the subject matter of this 15 5 compact which may affect the powers, responsibilities or 15 6 actions of the interstate commission, the interstate 15 7 commission shall be entitled to receive all service of process 15 8 in any such proceeding, and shall have standing to intervene 15 9 in the proceeding for all purposes. 15 10 2. DISPUTE RESOLUTION. 15 11 a. The compacting states shall report to the interstate 15 12 commission on issues or activities of concern to them, and 15 13 cooperate with and support the interstate commission in the 15 14 discharge of its duties and responsibilities. 15 15 b. The interstate commission shall attempt to resolve any 15 16 disputes or other issues which are subject to the compact and 15 17 which may arise among compacting states and noncompacting 15 18 states. 15 19 c. The interstate commission shall enact a bylaw or 15 20 promulgate a rule providing for both mediation and binding 15 21 dispute resolution for disputes among the compacting states. 15 22 3. ENFORCEMENT. The interstate commission, in the 15 23 reasonable exercise of its discretion, shall enforce the 15 24 provisions of this compact using any or all means set forth in 15 25 article XI, subsection 2, of this compact. 15 26 ARTICLE IX 15 27 FINANCE 15 28 1. The interstate commission shall pay or provide for the 15 29 payment of the reasonable expenses of its establishment, 15 30 organization and ongoing activities. 15 31 2. The interstate commission shall levy on and collect an 15 32 annual assessment from each compacting state to cover the cost 15 33 of the internal operations and activities of the interstate 15 34 commission and its staff which must be in a total amount 15 35 sufficient to cover the interstate commission's annual budget 16 1 as approved each year. The aggregate annual assessment amount 16 2 shall be allocated based upon a formula to be determined by 16 3 the interstate commission, taking into consideration the 16 4 population of the state and the volume of interstate movement 16 5 of offenders in each compacting state and shall promulgate a 16 6 rule binding upon all compacting states which governs the 16 7 assessment. 16 8 3. The interstate commission shall not incur any 16 9 obligations of any kind prior to securing the funds adequate 16 10 to meet the same; nor shall the interstate commission pledge 16 11 the credit of any of the compacting states, except by and with 16 12 the authority of the compacting state. 16 13 4. The interstate commission shall keep accurate accounts 16 14 of all receipts and disbursements. The receipts and 16 15 disbursements of the interstate commission shall be subject to 16 16 the audit and accounting procedures established under its 16 17 bylaws. However, all receipts and disbursements of funds 16 18 handled by the interstate commission shall be audited yearly 16 19 by a certified or licensed public accountant and the report of 16 20 the audit shall be included in and become part of the annual 16 21 report of the interstate commission. 16 22 ARTICLE X 16 23 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT 16 24 1. Any state, as defined in article I of this compact, is 16 25 eligible to become a compacting state. 16 26 2. The compact shall become effective and binding upon 16 27 legislative enactment of the compact into law by no less than 16 28 thirty-five of the states. The initial effective date shall 16 29 be the later of July 1, 2001, or upon enactment into law by 16 30 the thirty-fifth jurisdiction. Thereafter it shall become 16 31 effective and binding, as to any other compacting state, upon 16 32 enactment of the compact into law by that state. The 16 33 governors of nonmember states or their designees will be 16 34 invited to participate in interstate commission activities on 16 35 a nonvoting basis prior to adoption of the compact by all 17 1 states and territories of the United States. 17 2 3. Amendments to the compact maybe proposed by the 17 3 interstate commission for enactment by the compacting states. 17 4 No amendment shall become effective and binding upon the 17 5 interstate commission and the compacting states unless and 17 6 until it is enacted into law by unanimous consent of the 17 7 compacting states. 17 8 ARTICLE XI 17 9 WITHDRAWAL, DEFAULT, AND TERMINATION, AND JUDICIAL 17 10 ENFORCEMENT 17 11 1. WITHDRAWAL. 17 12 a. Once effective, the compact shall continue in force and 17 13 retrain binding upon each and every compacting state; 17 14 provided, that a compacting state may withdraw from the 17 15 compact by enacting a statute specifically repealing the 17 16 statute which enacted the compact into law. 17 17 b. The effective date of withdrawal is the effective date 17 18 of the repeal. 17 19 c. The withdrawing state shall immediately notify the 17 20 chairperson of the interstate commission in writing upon the 17 21 introduction of legislation repealing this compact in the 17 22 withdrawing state. 17 23 d. The interstate commission shall notify the other 17 24 compacting states of the withdrawing state's intent to 17 25 withdraw within sixty days of its receipt thereof. 17 26 e. The withdrawing state is responsible for all 17 27 assessments, obligations and liabilities incurred through the 17 28 effective date of withdrawal, including any obligations, the 17 29 performance of which extend beyond the effective date of 17 30 withdrawal. 17 31 f. Reinstatement following withdrawal of any compacting 17 32 state shall occur upon the withdrawing state reenacting the 17 33 compact or upon such later date as determined by the 17 34 interstate commission. 17 35 2. DEFAULT. 18 1 a. If the interstate commission determines that any 18 2 compacting state has at any time defaulted in the performance 18 3 of any of its obligations or responsibilities under this 18 4 compact, the bylaws or any duly promulgated rules the 18 5 interstate commission may impose any or all of the following 18 6 penalties: 18 7 (1) Fines, fees and costs in such amounts as are deemed to 18 8 be reasonable as fixed by the interstate commission. 18 9 (2) Remedial training and technical assistance as directed 18 10 by the interstate commission. 18 11 (3) Suspension and termination of membership in the 18 12 compact. Suspension shall be imposed only after all other 18 13 reasonable means of securing compliance under the bylaws and 18 14 rules have been exhausted. Immediate notice of suspension 18 15 shall be given by the interstate commission to the governor, 18 16 the chief justice of the state; the majority and minority 18 17 leaders of the defaulting state's legislature, and the 18 18 executive council. The grounds for default include, but are 18 19 not limited to, failure of a compacting state to perform such 18 20 obligations or responsibilities imposed upon it by this 18 21 compact, interstate commission bylaws, or duly promulgated 18 22 rules. The interstate commission shall immediately notify the 18 23 defaulting state in writing of the penalty imposed by the 18 24 interstate commission on the defaulting state pending a cure 18 25 of the default. The interstate commission shall stipulate the 18 26 conditions and the time period within which the defaulting 18 27 state must cure its default. If the defaulting state fails to 18 28 cure the default within the time period specified by the 18 29 interstate commission, in addition to any other penalties 18 30 imposed herein, the defaulting state may be terminated from 18 31 the compact upon an affirmative vote of a majority of the 18 32 compacting states and all rights, privileges and benefits 18 33 conferred by this compact shall be terminated from the 18 34 effective date of suspension. 18 35 b. Within sixty days of the effective date of termination 19 1 of a defaulting state, the interstate commission shall notify 19 2 the governor, the chief justice, and the majority and minority 19 3 leaders of the defaulting state's legislature and the 19 4 executive council of such termination. 19 5 c. The defaulting state is responsible for all assessments, 19 6 obligations and liabilities incurred through the effective 19 7 date of termination including any obligations, the performance 19 8 of which extends beyond the effective date of termination. 19 9 d. The interstate commission shall not bear any costs 19 10 relating to the defaulting state unless otherwise mutually 19 11 agreed upon between the interstate commission and the 19 12 defaulting state. 19 13 e. Reinstatement following termination of any compacting 19 14 state requires both a reenactment of the compact by the 19 15 defaulting state and the approval of the interstate commission 19 16 pursuant to the rules. 19 17 3. JUDICIAL ENFORCEMENT. The interstate commission may, 19 18 by majority vote of the members, initiate legal action in the 19 19 United States district court for the District of Columbia or, 19 20 at the discretion of the interstate commission, in the United 19 21 States district court where the interstate commission has its 19 22 offices, to enforce compliance with the provisions of the 19 23 compact, its duly promulgated rules and bylaws, against any 19 24 compacting state in default. In the event judicial enforcement 19 25 is necessary the prevailing party shall be awarded all costs 19 26 of such litigation including reasonable attorneys fees. 19 27 4. DISSOLUTION OF COMPACT. 19 28 a. The compact dissolves effective upon the date of the 19 29 withdrawal or default of the compacting state which reduces 19 30 membership in the compact to one compacting state. 19 31 b. Upon the dissolution of this compact, the compact 19 32 becomes null and void and shall be of no further force or 19 33 effect, and the business and affairs of the interstate 19 34 commission shall be wound up and any surplus funds shall be 19 35 distributed in accordance with the bylaws. 20 1 ARTICLE XII 20 2 SEVERABILITY AND CONSTRUCTION 20 3 1. The provisions of this compact shall be severable, and 20 4 if any phrase, clause, sentence or provision is deemed 20 5 unenforceable, the remaining provisions of the compact shall 20 6 be enforceable. 20 7 2. The provisions of this compact shall be liberally 20 8 constructed to effectuate its purposes. 20 9 ARTICLE XIII 20 10 BINDING EFFECT OF COMPACT AND OTHER LAWS 20 11 1. OTHER LAWS. 20 12 a. Nothing herein prevents the enforcement of any other law 20 13 of a compacting state that is not inconsistent with this 20 14 compact. 20 15 b. All compacting states' laws conflicting with this 20 16 compact are superseded to the extent of the conflict. 20 17 2. BINDING EFFECT OF THE COMPACT. 20 18 a. All lawful actions of the interstate commission, 20 19 including all rules and bylaws promulgated by the interstate 20 20 commission, are binding upon the compacting states. 20 21 b. All agreements between the interstate commission and 20 22 the compacting states are binding in accordance with their 20 23 terms. 20 24 c. Upon the request of a party to a conflict over meaning 20 25 or interpretation of interstate commission actions, and upon a 20 26 majority vote of the compacting states, the interstate 20 27 commission may issue advisory opinions regarding such meaning 20 28 or interpretation. 20 29 d. In the event any provision of this compact exceeds the 20 30 constitutional limits imposed on the legislature of any 20 31 compacting state, the obligations, duties, powers or 20 32 jurisdiction sought to be conferred by such provision upon the 20 33 interstate commission shall be ineffective and such 20 34 obligations, duties, powers or jurisdiction shall remain in 20 35 the compacting state and shall be exercised by the agency 21 1 thereof to which such obligations, duties, powers or 21 2 jurisdiction are delegated by law in effect at the time this 21 3 compact becomes effective. 21 4 Sec. 7. Chapter 907A, Code 1999, is repealed. 21 5 EXPLANATION 21 6 This bill establishes the interstate compact for adult 21 7 criminal offender supervision. 21 8 The bill creates an interstate commission which will 21 9 establish uniform procedures to manage the movement of adult 21 10 offenders between states who have been placed on probation or 21 11 parole. The bill provides that the commission shall oversee 21 12 the interstate movement of offenders in the compacting states 21 13 and monitor activities in noncompacting states which may 21 14 significantly affect the compacting state. The bill provides 21 15 that each state shall establish a state council to appoint the 21 16 person who will serve on the interstate commission and will 21 17 develop policies and procedures related to the commission. 21 18 The bill provides that the membership of each state council 21 19 shall include at least one member from the judicial, executive 21 20 and legislative branches of government, and a representative 21 21 of a crime victim group. 21 22 The bill provides that the commission shall receive notice 21 23 of any court proceedings which may affect the responsibilities 21 24 or actions of the commission and shall have standing to 21 25 intervene in such proceedings. 21 26 The bill provides that each compact state shall pay an 21 27 annual assessment to the commission. The assessment shall be 21 28 based upon the population of the state and the volume of 21 29 interstate movement of offenders from the state. 21 30 The bill takes effect on July 1, 2001, or when 35 states 21 31 have enacted the compact into law, whichever is later. 21 32 LSB 5398HH 78 21 33 jm/cf/24
Text: HF02488 Text: HF02490 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Mar 7 03:35:25 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/02400/HF02489/000228.html
jhf