REPORT TITLE:
Probation; Parole


DESCRIPTION:
Authorizes state participation in the Interstate Compact for the
Supervision of Adult Offenders.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1896
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT
   OFFENDERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5     INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
 
 6      § -1 Terms and provisions of compact.  The Interstate
 
 7 Compact for the Supervision of Adult Offenders is hereby entered
 
 8 into and enacted into law with all jurisdictions legally joining
 
 9 therein, in form substantially as follows:
 
10                             ARTICLE I
 
11                              PURPOSE
 
12      The compacting states to this Interstate Compact recognize
 
13 that each state is responsible for the supervision of adult
 
14 offenders in the community who are authorized pursuant to the
 
15 Bylaws and Rules of this compact to travel across state lines
 
16 both to and from each compacting state in such a manner as to
 
17 track the location of offenders, transfer supervision authority
 
18 in an orderly and efficient manner, and when necessary return
 
19 offenders to the originating jurisdictions.  The compacting 
 

 
Page 2                                                     1896
                                     H.B. NO.           
                                                        
                                                        

 
 1 states also recognize that Congress, by enacting the Crime
 
 2 Control Act, 4 U.S.C. Section 112 (1965), has authorized and
 
 3 encouraged compacts for cooperative efforts and mutual assistance
 
 4 in the prevention of crime.  It is the purpose of this compact
 
 5 and the Interstate Commission created hereunder, through means of
 
 6 joint and cooperative action among the compacting states:  to
 
 7 provide the framework for the promotion of public safety and
 
 8 protect the rights of victims through the control and regulation
 
 9 of the interstate movement of offenders in the community; to
 
10 provide for the effective tracking, supervision, and
 
11 rehabilitation of these offenders by the sending and receiving
 
12 states; and to equitably distribute the costs, benefits and
 
13 obligations of the compact among the compacting states.  In
 
14 addition, this compact will:  create an Interstate Commission
 
15 which will establish uniform procedures to manage the movement
 
16 between states of adults placed under community supervision and
 
17 released to the community under the jurisdiction of courts,
 
18 paroling authorities, corrections or other criminal justice
 
19 agencies which will promulgate rules to achieve the purpose of
 
20 this compact; ensure an opportunity for input and timely notice
 
21 to victims and to jurisdictions where defined offenders are
 
22 authorized to travel or to relocate across state lines; establish
 
23 a system of uniform data collection, access to information on
 

 
Page 3                                                     1896
                                     H.B. NO.           
                                                        
                                                        

 
 1 active cases by authorized criminal justice officials, and
 
 2 regular reporting of Compact activities to heads of state
 
 3 councils, state executive, judicial, and legislative branches and
 
 4 criminal justice administrators; monitor compliance with rules
 
 5 governing interstate movement of offenders and initiate
 
 6 interventions to address and correct non-compliance; and
 
 7 coordinate training and education regarding regulations of
 
 8 interstate movement of offenders for officials involved in such
 
 9 activity.  The compacting states recognize that there is no
 
10 "right" of any offender to live in another state and that duly
 
11 accredited officers of a sending state may at all times enter a
 
12 receiving state and there apprehend and retake any offender under
 
13 supervision subject to the provisions of this compact and Bylaws
 
14 and Rules promulgated hereunder.  It is the policy of the
 
15 compacting states that the activities conducted by the Interstate
 
16 Commission created herein are the formation of public policies
 
17 and are therefore public business.
 
18                            ARTICLE II
 
19                            DEFINITIONS
 
20      As used in this compact, unless the context clearly requires
 
21 a different construction:
 

 
 
 
 
 
Page 4                                                     1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      "Adult" means both individuals legally classified as adults
 
 2 and juveniles treated as adults by court order, statute, or
 
 3 operation of law.
 
 4      "By-laws" means those by-laws established by the Interstate
 
 5 Commission for its governance, or for directing or controlling
 
 6 the Interstate Commission's actions or conduct.
 
 7      "Compact administrator" means the individual in each
 
 8 compacting state appointed pursuant to the terms of this compact
 
 9 responsible for the administration and management of the state's
 
10 supervision and transfer of offenders subject to the terms of
 
11 this compact, the rules adopted by the Interstate Commission and
 
12 policies adopted by the State Council under this compact.
 
13      "Compacting state" means any state which has enacted the
 
14 enabling legislation for this compact.
 
15      "Commissioner" means the voting representative of each
 
16 compacting state appointed pursuant to Article III of this
 
17 compact.
 
18      "Interstate Commission" means the Interstate Commission for
 
19 Adult Offender Supervision established by this compact.
 
20      "Member" means the commissioner of a compacting state or
 
21 designee, who shall be a person officially connected with the
 
22 commissioner.
 

 
 
 
Page 5                                                     1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      "Non Compacting state" means any state which has not enacted
 
 2 the enabling legislation for this compact.
 
 3      "Offender" means an adult placed under, or subject to,
 
 4 supervision as the result of the commission of a criminal offense
 
 5 and released to the community under the jurisdiction of courts,
 
 6 paroling authorities, corrections, or other criminal justice
 
 7 agencies.
 
 8      "Person" means any individual, corporation, business
 
 9 enterprise, or other legal entity, either public or private.
 
10      "Rules" means acts of the Interstate Commission, duly
 
11 promulgated pursuant to Article VIII of this compact,
 
12 substantially affecting interested parties in addition to the
 
13 Interstate Commission, which shall have the force and effect of
 
14 law in the compacting states.
 
15      "State" means a state of the United States, the District of
 
16 Columbia and any other territorial possessions of the United
 
17 States.
 
18      "State Council" means the resident members of the State
 
19 Council for Interstate Adult Offender Supervision created by each
 
20 state under Article III of this compact.
 
21                            ARTICLE III
 
22                      THE COMPACT COMMISSION
 

 
 
 
Page 6                                                     1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      The compacting states hereby create the "Interstate
 
 2 Commission for Adult Offender Supervision."  The Interstate
 
 3 Commission shall be a body corporate and joint agency of the
 
 4 compacting states.  The Interstate Commission shall have all the
 
 5 responsibilities, powers and duties set forth herein, including
 
 6 the power to sue and be sued, and such additional powers as may
 
 7 be conferred upon it by subsequent action of the respective
 
 8 legislatures of the compacting states in accordance with the
 
 9 terms of this compact.
 
10      The Interstate Commission shall consist of Commissioners
 
11 selected and appointed by resident members of a State Council for
 
12 Interstate Adult Offender Supervision for each state.  In
 
13 addition to the Commissioners who are the voting representatives
 
14 of each state, the Interstate Commission shall include
 
15 individuals who are not commissioners but who are members of
 
16 interested organizations; such non-commissioner members must
 
17 include a member of the national organizations of governors,
 
18 legislators, state chief justices, attorneys general and crime
 
19 victims.  All non-commissioner members of the Interstate
 
20 Commission shall be ex-officio (nonvoting) members.  The
 
21 Interstate Commission may provide in its by-laws for such
 
22 additional, ex-officio, non-voting members, as it deems
 
23 necessary.
 

 
Page 7                                                     1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      Each compacting state represented at any meeting of the
 
 2 Interstate Commission is entitled to one vote.  A majority of the
 
 3 compacting states shall constitute a quorum for the transaction
 
 4 of business, unless a larger quorum is required by the by-laws of
 
 5 the Interstate Commission.  The Interstate Commission shall meet
 
 6 at least once each calendar year.  The chairperson may call
 
 7 additional meetings and, upon the request of 27 or more
 
 8 compacting states, shall call additional meetings.  Public notice
 
 9 shall be given of all meetings and meetings shall be open to the
 
10 public.
 
11      The Interstate Commission shall establish an Executive
 
12 Committee, which shall include commission officers, members and
 
13 others as shall be determined by the By-laws.  The Executive
 
14 Committee shall have the power to act on behalf of the Interstate
 
15 Commission during periods when the Interstate Commission is not
 
16 in session, with the exception of rulemaking and/or amendment to
 
17 the Compact.  The Executive Committee oversees the day-to-day
 
18 activities managed by the Executive Director and Interstate
 
19 Commission staff; administers enforcement and compliance with the
 
20 provisions of the compact, its by-laws and as directed by the
 
21 Interstate Commission and performs other duties as directed by
 
22 Commission or set forth in the By-laws.
 

 
 
 
Page 8                                                     1896
                                     H.B. NO.           
                                                        
                                                        

 
 1                            ARTICLE IV
 
 2                         THE STATE COUNCIL
 
 3      Each member state shall create a State Council for
 
 4 Interstate Adult Offender Supervision which shall be responsible
 
 5 for the appointment of the commissioner who shall serve on the
 
 6 Interstate Commission from that state.  Each state council shall
 
 7 appoint as its commissioner the Compact Administrator from that
 
 8 state to serve on the Interstate Commission in such capacity
 
 9 under or pursuant to applicable law of the member state.  While
 
10 each member state may determine the membership of its own state
 
11 council, its membership must include at least one representative
 
12 from the legislative, judicial, and executive branches of
 
13 government, victims groups and compact administrators.  Each
 
14 compacting state retains the right to determine the
 
15 qualifications of the Compact Administrator who shall be
 
16 appointed by the state council or by the Governor in consultation
 
17 with the Legislature and the Judiciary.  In addition to
 
18 appointment of its commissioner to the National Interstate
 
19 Commission, each state council shall exercise oversight and
 
20 advocacy concerning its participation in Interstate Commission
 
21 activities and other duties as may be determined by each member
 
22 state including but not limited to, development of policy
 

 
 
 
Page 9                                                     1896
                                     H.B. NO.           
                                                        
                                                        

 
 1 concerning operations and procedures of the compact within that
 
 2 state.
 
 3                             ARTICLE V
 
 4          POWERS AND DUTIES OF THE INTERSTATE COMMISSION
 
 5      The Interstate Commission shall have the following powers:
 
 6      .  To adopt a seal and suitable by-laws governing the
 
 7           management and operation of the Interstate Commission.
 
 8      .  To promulgate rules which shall have the force and
 
 9           effect of statutory law and shall be binding in the
 
10           compacting states to the extent and in the manner
 
11           provided in this compact.
 
12      .  To oversee, supervise and coordinate the interstate
 
13           movement of offenders subject to the terms of this
 
14           compact and any by-laws adopted and rules promulgated
 
15           by the compact commission.
 
16      .  To enforce compliance with compact provisions,
 
17           Interstate Commission rules, and by-laws, using all
 
18           necessary and proper means, including but not limited
 
19           to, the use of judicial process.
 
20      .  To establish and maintain offices.
 
21      .  To purchase and maintain insurance and bonds.
 

 
 
 
 
 
Page 10                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      .  To borrow, accept, or contract for services of
 
 2           personnel, including, but not limited to, members and
 
 3           their staffs.
 
 4      .  To establish and appoint committees and hire staff
 
 5           which it deems necessary for the carrying out of its
 
 6           functions including, but not limited to, an executive
 
 7           committee as required by Article III which shall have
 
 8           the power to act on behalf of the Interstate Commission
 
 9           in carrying out its powers and duties hereunder.
 
10      .  To elect or appoint such officers, attorneys,
 
11           employees, agents, or consultants, and to fix their
 
12           compensation, define their duties and determine their
 
13           qualifications; and to establish the Interstate
 
14           Commission's personnel policies and programs relating
 
15           to, among other things, conflicts of interest, rates of
 
16           compensation, and qualifications of personnel.
 
17      .  To accept any and all donations and grants of money,
 
18           equipment, supplies, materials, and services, and to
 
19           receive, utilize, and dispose of same.
 
20      .  To lease, purchase, accept contributions or donations
 
21           of, or otherwise to own, hold, improve or use any
 
22           property, real, personal, or mixed.
 

 
 
 
Page 11                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      .  To sell, convey, mortgage, pledge, lease, exchange,
 
 2           abandon, or otherwise dispose of any property, real,
 
 3           personal or mixed.
 
 4      .  To establish a budget and make expenditures and levy
 
 5           dues as provided in Article X of this compact.
 
 6      .  To sue and be sued.
 
 7      .  To provide for dispute resolution among Compacting
 
 8           States.
 
 9      .  To perform such functions as may be necessary or
 
10           appropriate to achieve the purposes of this compact.
 
11      .  To report annually to the legislatures, governors,
 
12           judiciary, and state councils of the compacting states
 
13           concerning the activities of the Interstate Commission
 
14           during the preceding year.  Such reports shall also
 
15           include any recommendations that may have been adopted
 
16           by the Interstate Commission.
 
17      .  To coordinate education, training and public awareness
 
18           regarding the interstate movement of offenders for
 
19           officials involved in such activity
 
20      .  To establish uniform standards for the reporting,
 
21           collecting, and exchanging of data.
 
22                            ARTICLE VI
 
23      ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
 

 
Page 12                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      Section A.  By-laws
 
 2      The Interstate Commission shall, by a majority of the
 
 3 Members, within twelve months of the first Interstate Commission
 
 4 meeting, adopt By-laws to govern its conduct as may be necessary
 
 5 or appropriate to carry out the purposes of the Compact,
 
 6 including, but not limited to:
 
 7           Establishing the fiscal year of the Interstate
 
 8      Commission;
 
 9           Establishing an executive committee and such other
 
10      committees as may be necessary;
 
11           Providing reasonable standards and procedures:
 
12           (i)  For the establishment of committees, and
 
13          (ii)  Governing any general or specific delegation of
 
14                any authority or function of the Interstate
 
15                Commission;
 
16           Providing reasonable procedures for calling and
 
17      conducting meetings of the Interstate Commission, and
 
18      ensuring reasonable notice of each such meeting;
 
19           Establishing the titles and responsibilities of the
 
20      officers of the Interstate Commission;
 
21           Providing reasonable standards and procedures for the
 
22      establishment of the personnel policies and programs of the
 
23      Interstate Commission.  Notwithstanding any civil service or
 

 
Page 13                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      other similar laws of any Compacting State, the By-laws
 
 2      shall exclusively govern the personnel policies and programs
 
 3      of the Interstate Commission;
 
 4           Providing a mechanism for winding up the operations of
 
 5      the Interstate Commission and the equitable return of any
 
 6      surplus funds that may exist upon the termination of the
 
 7      Compact after the payment and/or reserving of all of its
 
 8      debts and obligations;
 
 9           Providing transition rules for "start up"
 
10      administration of the compact; and
 
11           Establishing standards and procedures for compliance
 
12      and technical assistance in carrying out the compact.
 
13      Section B.  Officers and Staff
 
14      The Interstate Commission shall, by a majority of the
 
15 Members, elect from among its Members a chairperson and a vice
 
16 chairperson, each of whom shall have such authorities and duties
 
17 as may be specified in the By-laws.  The chairperson or, in his
 
18 or her absence or disability, the vice chairperson, shall preside
 
19 at all meetings of the Interstate Commission.  The Officers so
 
20 elected shall serve without compensation or remuneration from the
 
21 Interstate Commission; PROVIDED THAT, subject to the availability
 
22 of budgeted funds, the officers shall be reimbursed for any
 
23 actual and necessary costs and expenses incurred by them in the
 

 
Page 14                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1 performance of their duties and responsibilities as officers of
 
 2 the Interstate Commission.
 
 3      The Interstate Commission shall, through its executive
 
 4 committee, appoint or retain an executive director for such
 
 5 period, upon such terms and conditions and for such compensation
 
 6 as the Interstate Commission may deem appropriate.  The executive
 
 7 director shall serve as secretary to the Interstate Commission,
 
 8 and hire and supervise such other staff as may be authorized by
 
 9 the Interstate Commission, but shall not be a member.
 
10      Section C.  Corporate Records of the Interstate Commission
 
11      The Interstate Commission shall maintain its corporate books
 
12 and records in accordance with the By-laws.
 
13      Section D.  Qualified Immunity, Defense and Indemnification
 
14      The Members, officers, executive director and employees of
 
15 the Interstate Commission shall be immune from suit and
 
16 liability, either personally or in their official capacity, for
 
17 any claim for damage to or loss of property or personal injury or
 
18 other civil liability caused or arising out of any actual or
 
19 alleged act, error or omission that occurred within the scope of
 
20 Interstate Commission employment, duties or responsibilities;
 
21 PROVIDED, that nothing in this paragraph shall be construed to
 
22 protect any such person from suit and/or liability for any
 
23 damage, loss, injury or liability caused by the intentional or
 

 
Page 15                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1 willful and wanton misconduct of any such person.  The Interstate
 
 2 Commission shall defend the Commissioner of a Compacting State,
 
 3 or his or her representatives or employees, or the Interstate
 
 4 Commission's representatives or employees, in any civil action
 
 5 seeking to impose liability, arising out of any actual or alleged
 
 6 act, error or omission that occurred within the scope of
 
 7 Interstate Commission employment, duties or responsibilities, or
 
 8 that the defendant had a reasonable basis for believing occurred
 
 9 within the scope of Interstate Commission employment, duties or
 
10 responsibilities; PROVIDED, that the actual or alleged act, error
 
11 or omission did not result from intentional wrongdoing on the
 
12 part of such person.
 
13      The Interstate Commission shall indemnify and hold the
 
14 Commissioner of a Compacting State, the appointed designee or
 
15 employees, or the Interstate Commission's representatives or
 
16 employees, harmless in the amount of any settlement or judgment
 
17 obtained against such persons arising out of any actual or
 
18 alleged act, error or omission that occurred within the scope of
 
19 Interstate Commission employment, duties or responsibilities, or
 
20 that such persons had a reasonable basis for believing occurred
 
21 within the scope of Interstate Commission employment, duties or
 
22 responsibilities, provided, that the actual or alleged act, error
 

 
 
 
Page 16                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1 or omission did not result from gross negligence or intentional
 
 2 wrongdoing on the part of such person.
 
 3                            ARTICLE VII
 
 4              ACTIVITIES OF THE INTERSTATE COMMISSION
 
 5      The Interstate Commission shall meet and take such actions
 
 6 as are consistent with the provisions of this Compact.
 
 7      Except as otherwise provided in this Compact and unless a
 
 8 greater percentage is required by the By-laws, in order to
 
 9 constitute an act of the Interstate Commission, such act shall
 
10 have been taken at a meeting of the Interstate Commission and
 
11 shall have received an affirmative vote of a majority of the
 
12 members present.
 
13      Each Member of the Interstate Commission shall have the
 
14 right and power to cast a vote to which that Compacting State is
 
15 entitled and to participate in the business and affairs of the
 
16 Interstate Commission.  A Member shall vote in person on behalf
 
17 of the state and shall not delegate a vote to another member
 
18 state.  However, a State Council shall appoint another authorized
 
19 representative, in the absence of the commissioner from that
 
20 state, to cast a vote on behalf of the member state at a
 
21 specified meeting.  The By-laws may provide for Members'
 
22 participation in meetings by telephone or other means of
 
23 telecommunication or electronic communication.  Any voting
 

 
Page 17                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1 conducted by telephone, or other means of telecommunication or
 
 2 electronic communication shall be subject to the same quorum
 
 3 requirements of meetings where members are present in person.
 
 4      The Interstate Commission shall meet at least once during
 
 5 each calendar year.  The chairperson of the Interstate Commission
 
 6 may call additional meetings at any time and, upon the request of
 
 7 a majority of the Members, shall call additional meetings.
 
 8      The Interstate Commission's By-laws shall establish
 
 9 conditions and procedures under which the Interstate Commission
 
10 shall make its information and official records available to the
 
11 public for inspection or copying.  The Interstate Commission may
 
12 exempt from disclosure any information or official records to the
 
13 extent they would adversely affect personal privacy rights or
 
14 proprietary interests.  In promulgating such Rules, the
 
15 Interstate Commission may make available to law enforcement
 
16 agencies records and information otherwise exempt from
 
17 disclosure, and may enter into agreements with law enforcement
 
18 agencies to receive or exchange information or records subject to
 
19 nondisclosure and confidentiality provisions.
 
20      Public notice shall be given of all meetings and all
 
21 meetings shall be open to the public, except as set forth in the
 
22 Rules or as otherwise provided in the Compact.  The Interstate
 
23 Commission shall promulgate Rules consistent with the principles
 

 
Page 18                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1 contained in the "Government in Sunshine Act", 5 U.S.C. Section
 
 2 552(b), as may be amended.  The Interstate Commission and any of
 
 3 its committees may close a meeting to the public where it
 
 4 determines by two-thirds vote that an open meeting would be
 
 5 likely to:
 
 6      .  Relate solely to the Interstate Commission's internal
 
 7           personnel practices and procedures;
 
 8      .  Disclose matters specifically exempted from disclosure
 
 9           by statute;
 
10      .  Disclosure trade secrets or commercial or financial
 
11           information which is privileged or confidential;
 
12      .  Involve accusing any person of a crime, or formally
 
13           censuring any person;
 
14      .  Disclose information of a personal nature where
 
15           disclosure would constitute a clearly unwarranted
 
16           invasion of personal privacy;
 
17      .  Disclose investigatory records compiled for law
 
18           enforcement purposes;
 
19      .  Disclose information contained in or related to
 
20           examination, operating or condition reports prepared
 
21           by, or on behalf of or for the use of, the Interstate
 
22           Commission with respect to a regulated entity for the
 
23           purpose of regulation or supervision of such entity;
 

 
Page 19                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      .  Disclose information, the premature disclosure of which
 
 2           would significantly endanger the life of a person or
 
 3           the stability of a regulated entity;
 
 4      .  Specifically relate to the Interstate Commission's
 
 5           issuance of a subpoena, or its participation in a civil
 
 6           action or proceeding.
 
 7 For every meeting closed pursuant to this provision, the
 
 8 Interstate Commission's chief legal officer shall publicly
 
 9 certify that, in his or her opinion, the meeting may be closed to
 
10 the public, and shall reference each relevant exemptive
 
11 provision.  The Interstate Commission shall keep minutes which
 
12 shall fully and clearly describe all matters discussed in any
 
13 meeting and shall provide a full and accurate summary of any
 
14 actions taken, and the reasons therefor, including a description
 
15 of each of the views expressed on any item and the record of any
 
16 roll call vote (reflected in the vote of each Member on the
 
17 question).  All documents considered in connection with any
 
18 action shall be identified in such minutes.
 
19      The Interstate Commission shall collect standardized data
 
20 concerning the interstate movement of offenders as directed
 
21 through its By-laws and Rules which shall specify the data to be
 
22 collected, the means of collection and data exchange and
 
23 reporting requirements.
 

 
Page 20                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1                           ARTICLE VIII
 
 2         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
 
 3      The Interstate Commission shall promulgate Rules in order to
 
 4 effectively and efficiently achieve the purposes of the Compact
 
 5 including transition rules governing administration of the
 
 6 compact during the period in which it is being considered and
 
 7 enacted by the states.
 
 8      Rulemaking shall occur pursuant to the criteria set forth in
 
 9 this Article and the By-laws and Rules adopted pursuant thereto.
 
10 Such rulemaking shall substantially conform to the principles of
 
11 the federal Administrative Procedure Act, 5 U.S.C.S. section 551
 
12 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app.
 
13 2, section 1 et seq., as may be amended (hereinafter "APA").  All
 
14 Rules and amendments shall become binding as of the date
 
15 specified in each Rule or amendment.
 
16      If a majority of the legislatures of the Compacting States
 
17 rejects a Rule, by enactment of a statute or resolution in the
 
18 same manner used to adopt the compact, then such Rule shall have
 
19 no further force and effect in any Compacting State.
 
20      When promulgating a Rule, the Interstate Commission shall:
 
21      .  Publish the proposed Rule stating with particularity
 
22           the text of the Rule which is proposed and the reason
 
23           for the proposed Rule;
 

 
Page 21                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      .  Allow persons to submit written data, facts, opinions
 
 2           and arguments, which information shall be publicly
 
 3           available;
 
 4      .  Provide an opportunity for an informal hearing; and
 
 5      .  Promulgate a final Rule and its effective date, if
 
 6           appropriate, based on the rulemaking record.
 
 7      Not later than sixty days after a Rule is promulgated, any
 
 8 interested person may file a petition in the United States
 
 9 District Court for the District of Columbia or in the Federal
 
10 District Court where the Interstate Commission's principal office
 
11 is located for judicial review of such Rule.  If the court finds
 
12 that the Interstate Commission's action is not supported by
 
13 substantial evidence (as defined in the APA), in the rulemaking
 
14 record, the court shall hold the Rule unlawful and set it aside.
 
15 Subjects to be addressed within 12 months after the first meeting
 
16 must at a minimum include:
 
17      .  Notice to victims and opportunity to be heard;
 
18      .  Offender registration and compliance;
 
19      .    Violations/returns;
 
20      .  Transfer procedures and forms;
 
21      .  Eligibility for transfer;
 
22      .  Collection of restitution and fees from offenders;
 
23      .  Data collection and reporting;
 

 
Page 22                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      .  The level of supervision to be provided by the
 
 2           receiving state;
 
 3      .  Transition rules governing the operation of the compact
 
 4           and the Interstate Commission during all or part of the
 
 5           period between the effective date of the compact and
 
 6           the date on which the last eligible state adopts the
 
 7           compact;
 
 8      .  Mediation, arbitration and dispute resolution.
 
 9      The existing rules governing the operation of the previous
 
10 compact superseded by this Act shall be null and void twelve
 
11 months after the first meeting of the Interstate Commission
 
12 created hereunder.
 
13      Upon determination by the Interstate Commission that an
 
14 emergency exists, it may promulgate an emergency rule which shall
 
15 become effective immediately upon adoption, provided that the
 
16 usual rulemaking procedures provided hereunder shall be
 
17 retroactively applied to that rule as soon as reasonably
 
18 possible, in no event later than 90 days after the effective date
 
19 of the rule.
 
20                            ARTICLE IX
 
21          OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
 
22                   BY THE INTERSTATE COMMISSION
 
23      Section A.  Oversight
 

 
Page 23                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      The Interstate Commission shall oversee the interstate
 
 2 movement of adult offenders in the compacting states and shall
 
 3 monitor such activities being administered in Non-compacting
 
 4 States which may significantly affect Compacting States.
 
 5      The courts and executive agencies in each Compacting State
 
 6 shall enforce this Compact and shall take all actions necessary
 
 7 and appropriate to effectuate the Compact's purposes and intent.
 
 8 In any judicial or administrative proceeding in a Compacting
 
 9 State pertaining to the subject matter of this Compact which may
 
10 affect the powers, responsibilities or actions of the Interstate
 
11 Commission, the Interstate Commission shall be entitled to
 
12 receive all service of process in any such proceeding, and shall
 
13 have standing to intervene in the proceeding for all purposes.
 
14      Section B.  Dispute Resolution
 
15      The Compacting States shall report to the Interstate
 
16 Commission on issues or activities of concern to them, and
 
17 cooperate with and support the Interstate Commission in the
 
18 discharge of its duties and responsibilities.
 
19      The Interstate Commission shall attempt to resolve any
 
20 disputes or other issues which are subject to the Compact and
 
21 which may arise among Compacting States and Non-compacting
 
22 States.
 

 
 
 
Page 24                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1      The Interstate Commission shall enact a By-law or promulgate
 
 2 a Rule providing for both mediation and binding dispute
 
 3 resolution for disputes among the Compacting States.
 
 4      Section C.  Enforcement
 
 5      The Interstate Commission, in the reasonable exercise of its
 
 6 discretion, shall enforce the provisions of this compact using
 
 7 any or at means set forth in Article XII, Section B, of this
 
 8 compact.
 
 9                             ARTICLE X
 
10                              FINANCE
 
11      The Interstate Commission shall pay or provide for the
 
12 payment of the reasonable expenses of its establishment,
 
13 organization and ongoing activities.
 
14      The Interstate Commission shall levy on and collect an
 
15 annual assessment from each Compacting State to cover the cost of
 
16 the internal operations and activities of the Interstate
 
17 Commission and its staff which must be in a total amount
 
18 sufficient to cover the Interstate Commission's annual budget as
 
19 approved each year.  The aggregate annual assessment amount shall
 
20 be allocated based upon a formula to be determined by the
 
21 Interstate Commission, taking into consideration the population
 
22 of the state and the volume of interstate movement of offenders
 

 
 
 
Page 25                                                    1896
                                     H.B. NO.           
                                                        
                                                        

 
 1 in each Compacting State and shall promulgate a Rule binding upon
 
 2 all Compacting States which governs the assessment.
 
 3      The Interstate Commission shall not incur any obligations of
 
 4 any kind prior to securing the funds adequate to meet the same;
 
 5 nor shall the Interstate Commission pledge the credit of any of
 
 6 the compacting states, except by and with the authority of the
 
 7 compacting state.
 
 8      The Interstate Commission shall keep accurate accounts of
 
 9 all receipts and disbursements.  The receipts and disbursements
 
10 of the Interstate Commission shall be subject to the audit and
 
11 accounting procedures established under its By-laws.  However,
 
12 all receipts and disbursements of funds handled by the Interstate
 
13 Commission shall be audited yearly by a certified or licensed
 
14 public accountant and the report of the audit shall be included
 
15 in and become part of the annual report of the Interstate
 
16 Commission.
 
17                            ARTICLE XI
 
18          COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
 
19      Any state, as defined in Article II of this compact, is
 
20 eligible to become a Compacting State.  The Compact shall become
 
21 effective and binding upon legislative enactment of the Compact
 
22 into law by no less than 35 of the States.  The initial effective
 
23 date shall be the later of July 1, 2001, or upon enactment into
 

 
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 1 law by the 35th jurisdiction.  Thereafter it shall become
 
 2 effective and binding, as to any other Compacting State, upon
 
 3 enactment of the Compact into law by that State.  The governors
 
 4 of Non-member states or their designees will be invited to
 
 5 participate in Interstate Commission activities on a non-voting
 
 6 basis prior to adoption of the compact by all states and
 
 7 territories of the United States.
 
 8      Amendments to the Compact may be proposed by the Interstate
 
 9 Commission for enactment by the Compacting States.  No amendment
 
10 shall become effective and binding upon the Interstate Commission
 
11 and the Compacting States unless and until it is enacted into law
 
12 by unanimous consent of the Compacting States.
 
13                            ARTICLE XII
 
14    WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
 
15      Section A.  Withdrawal
 
16      Once effective, the Compact shall continue in force and
 
17 remain binding upon each and every Compacting State; PROVIDED,
 
18 that a Compacting State may withdraw from the Compact
 
19 ("Withdrawing State") by enacting a statute specifically
 
20 repealing the statute which enacted the Compact into law.
 
21      The effective date of withdrawal is the effective date of
 
22 the repeal.
 

 
 
 
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 1      The Withdrawing State shall immediately notify the
 
 2 Chairperson of the Interstate Commission in writing upon the
 
 3 introduction of legislation repealing this Compact in the
 
 4 Withdrawing State.  The Interstate Commission shall notify the
 
 5 other Compacting States of the Withdrawing State's intent to
 
 6 withdraw within sixty days of its receipt thereof.
 
 7      The Withdrawing State is responsible for all assessments,
 
 8 obligations and liabilities incurred through the effective date
 
 9 of withdrawal, including any obligations, the performance of
 
10 which extend beyond the effective date of withdrawal.
 
11      Reinstatement following withdrawal of any Compacting State
 
12 shall occur upon the Withdrawing State reenacting the Compact or
 
13 upon such later date as determined by the Interstate Commission.
 
14      Section B.  Default
 
15      If the Interstate Commission determines that any Compacting
 
16 State has at any time defaulted ("Defaulting State") in the
 
17 performance of any of its obligations or responsibilities under
 
18 this Compact, the By-laws or any duly promulgated Rules the
 
19 Interstate Commission may impose any or all of the following
 
20 penalties:
 
21      Fines, fees and costs in such amounts as are deemed to be
 
22 reasonable as fixed by the Interstate Commission;
 

 
 
 
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 1      Remedial training and technical assistance as directed by
 
 2 the Interstate Commission;
 
 3      Suspension and termination of membership in the compact.
 
 4 Suspension shall be imposed only after all other reasonable means
 
 5 of securing compliance under the By-laws and Rules have been
 
 6 exhausted.  Immediate notice of suspension shall be given by the
 
 7 Interstate Commission to the Governor, the Chief Justice or Chief
 
 8 Judicial Officer of the state; the majority and minority leaders
 
 9 of the defaulting state's legislature, and the State Council.
 
10      The grounds for default include, but are not limited to,
 
11 failure of a Compacting State to perform such obligations or
 
12 responsibilities imposed upon it by this compact, Interstate
 
13 Commission By-laws, or duly promulgated Rules.  The Interstate
 
14 Commission shall immediately notify the Defaulting State in
 
15 writing of the penalty imposed by the Interstate Commission on
 
16 the Defaulting State pending a cure of the default.  The
 
17 Interstate Commission shall stipulate the conditions and the time
 
18 period within which the Defaulting State must cure its default.
 
19 If the Defaulting State fails to cure the default within the time
 
20 period specified by the Interstate Commission, in addition to any
 
21 other penalties imposed herein, the Defaulting State may be
 
22 terminated from the Compact upon an affirmative vote of a
 
23 majority of the Compacting States and all rights, privileges and
 

 
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 1 benefits conferred by this Compact shall be terminated from the
 
 2 effective date of suspension.  Within sixty days of the effective
 
 3 date of termination of a Defaulting State, the Interstate
 
 4 Commission shall notify the Governor, the Chief Justice or Chief
 
 5 Judicial Officer and the Majority and Minority Leaders of the
 
 6 Defaulting State's legislature and the state council of such
 
 7 termination.
 
 8      The Defaulting State is responsible for all assessments,
 
 9 obligations and liabilities incurred through the effective date
 
10 of termination including any obligations, the performance of
 
11 which extends beyond the effective date of termination.  The
 
12 Interstate Commission shall not bear any costs relating to the
 
13 Defaulting State unless otherwise mutually agreed upon between
 
14 the Interstate Commission and the Defaulting State.
 
15 Reinstatement following termination of any Compacting State
 
16 requires both a reenactment of the Compact by the Defaulting
 
17 State and the approval of the Interstate Commission pursuant to
 
18 the Rules.
 
19      Section C.  Judicial Enforcement
 
20      The Interstate Commission may, by majority vote of the
 
21 Members, initiate legal action in the United States District
 
22 Court for the District of Columbia or, at the discretion of the
 
23 Interstate Commission, in the Federal District where the
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 Interstate Commission has its offices to enforce compliance with
 
 2 the provisions of the Compact, its duly promulgated Rules and By-
 
 3 laws, against any Compacting State in default.  In the event
 
 4 judicial enforcement is necessary the prevailing party shall be
 
 5 awarded all costs of such litigation including reasonable
 
 6 attorneys fees.
 
 7      Section D.  Dissolution of Compact
 
 8      The Compact dissolves effective upon the date of the
 
 9 withdrawal or default of the Compacting State which reduces
 
10 membership in the Compact to one Compacting State.  Upon the
 
11 dissolution of this Compact, the Compact becomes null and void
 
12 and shall be of no further force or effect, and the business and
 
13 affairs of the Interstate Commission shall be wound up and any
 
14 surplus funds shall be distributed in accordance with the By-
 
15 laws.
 
16                           ARTICLE XIII
 
17                   SEVERABILITY AND CONSTRUCTION
 
18      The provisions of this Compact shall be severable, and if
 
19 any phrase, clause, sentence or provision is deemed
 
20 unenforceable, the remaining provisions of the Compact shall be
 
21 enforceable.
 
22      The provisions of this Compact shall be liberally
 
23 constructed to effectuate its purposes.
 

 
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 1                            ARTICLE XIV
 
 2             BINDING EFFECT OF COMPACT AND OTHER LAWS
 
 3      Section A.  Other Laws
 
 4      Nothing herein prevents the enforcement of any other law of
 
 5 a Compacting State that is not inconsistent with this Compact.
 
 6      All Compacting States' laws conflicting with this Compact
 
 7 are superseded to the extent of the conflict.
 
 8      Section B.  Binding-Effect of the Compact
 
 9      All lawful actions of the Interstate Commission, including
 
10 all Rules and By-laws promulgated by the Interstate Commission,
 
11 are binding upon the Compacting States.
 
12      All agreements between the Interstate Commission and the
 
13 Compacting States are binding in accordance with their terms.
 
14      Upon the request of a party to a conflict over meaning or
 
15 interpretation of Interstate Commission actions, and upon a
 
16 majority vote of the Compacting States, the Interstate Commission
 
17 may issue advisory opinions regarding such meaning or
 
18 interpretation.
 
19      In the event any provision of this Compact exceeds the
 
20 constitutional limits imposed on the legislature of any
 
21 Compacting State, the obligations, duties, powers or jurisdiction
 
22 sought to be conferred by such provision upon the Interstate
 
23 Commission shall be ineffective and such obligations, duties,
 

 
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 1 powers or jurisdiction shall remain in the Compacting State and
 
 2 shall be exercised by the agency thereof to which such
 
 3 obligations, duties, powers or jurisdiction are delegated by law
 
 4 in effect at the time this Compact becomes effective.
 
 5      § -2 State compact administrator.  The State's
 
 6 commissioner on the Interstate Commission for Adult Offender
 
 7 Supervision shall be the contract administrator of the state
 
 8 council for interstate adult offender supervision established
 
 9 under section    -3.
 
10      § -3 State council for interstate adult offender
 
11 supervision.  There is established the state council for
 
12 interstate adult offender supervision, which shall be placed
 
13 administratively in the judiciary.  The council shall be composed
 
14 of five members to be appointed as follows:
 
15      (1)  One member of the house of representatives appointed by
 
16           the speaker of the house of representatives;
 
17      (2)  One member of the senate appointed by the senate
 
18           president;
 
19      (3)  One member of the judiciary appointed by the chief
 
20           justice of the supreme court;
 
21      (4)  The director of public safety, or the director's
 
22           designee;
 

 
 
 
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 1      (5)  One member from the general public representing victims
 
 2           groups appointed by the governor; and
 
 3      (6)  The contract administrator, appointed by the governor,
 
 4           with the advice and consent of the senate and the chief
 
 5           justice.
 
 6 The council shall exercise oversight and advocacy concerning its
 
 7 participation in commission activities and other duties as may be
 
 8 determined by the council, including development of policy
 
 9 concerning operations and procedures of the compact within the
 
10 State.  The council shall also have the authority to appoint a
 
11 member other than the contract administrator to cast a vote on
 
12 behalf of the State at meetings of the Interstate Commission in
 
13 which the contract administrator is absent.
 
14      §  -4 Expenditures; reports.  Expenditures by the
 
15 council, including the amounts fixed annually as the equal
 
16 contribution of each member to the compact, shall be made upon
 
17 warrants issued by the state comptroller based upon vouchers
 
18 approved by any one of the commissioners.  A report of the
 
19 activities and expenses of the commissioners and a proposed
 
20 program for the State's continuing participation in the
 
21 activities of the Interstate Commission for Adult Supervision,
 
22 including a budget request, shall be submitted by the
 
23 commissioners to each regular session of the legislature.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      § -5 Execution.  The governor shall execute the compact
 
 2 on behalf of this State, and perform any other acts which may be
 
 3 deemed requisite to its formal adoption."
 
 4      SECTION 2.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________