KRS § 439.561 — KY Code / Title XL / Chapter 439 / Section 439.561
439.561 Interstate Compact for Adult Offender Supervision
Status: in_force

439.561 Interstate Compact for Adult Offender Supervision.

(1) The Governor of this Commonwealth is authorized and directed to execute a

compact on behalf of the Commonwealth with any of the United States legally

joining therein in the form substantially as follows:

ARTICLE I

PURPOSE

The compacting states to this Interstate Compact recognize that each state is

responsible for the supervision of adult offenders in the community who are authorized

pursuant to the bylaws and rules of this compact to travel across state lines both to and

from each compacting state in such a manner as to track the location of offenders, transfer

supervision authority in an orderly and efficient manner, and when necessary return

offenders to the originating jurisdictions.

The compacting states also recognize that Congress, by enacting the Crime Control

Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for

cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact and the interstate commission created hereunder,

through means of joint and cooperative action among the compacting states: to provide

the framework for the promotion of public safety and protect the rights of victims through

the control and regulation of the interstate movement of offenders in the community; to

provide for the effective tracking, supervision, and rehabilitation of these offenders by the

sending and receiving states; and to equitably distribute the costs, benefits, and

obligations of the compact among the compacting states.

In addition, this compact will: create a interstate commission which will establish

uniform procedures to manage the movement between states of adults placed under

community supervision and released to the community under the jurisdiction of courts,

paroling authorities, corrections, or other criminal justice agencies which will promulgate

rules to achieve the purpose of this compact; ensure an opportunity for input and timely

notice to victims and to jurisdictions where defined offenders are authorized to travel or

to relocate across state lines; establish a system of uniform data collection, access to

information on active cases by authorized criminal justice officials, and regular reporting

of compact activities to heads of state councils, state executive, judicial, and legislative

branches and criminal justice administrators; monitor compliance with rules governing

interstate movement of offenders and initiate interventions to address and correct

noncompliance; and coordinate training and education regarding regulations of interstate

movement of offenders for officials involved in such activity.

The compacting states recognize that there is no "right" of any offender to live in

another state and that duly accredited officers of a sending state may at all times enter a

receiving state and there apprehend and retake any offender under supervision subject to

the provisions of this compact and bylaws and rules promulgated hereunder.

It is the policy of the compacting states that the activities conducted by the interstate

commission created herein are the formation of public policies and are therefore public

business.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A. "Adult" means both individuals legally classified as adults and juveniles treated

as adults by court order, statute, or operation of law.

B. "Bylaws" means those bylaws established by the interstate commission for its

governance, or for directing or controlling the interstate commission's actions or conduct.

C. "Compact administrator" means the individual in each compacting state

appointed pursuant to the terms of this compact responsible for the administration and

management of the state's supervision and transfer of offenders subject to the terms of

this compact, the rules adopted by the interstate commission, and policies adopted by the

state council under this compact.

D. "Compacting state" means any state which has enacted the enabling legislation

for this compact.

E. "Commissioner" means the voting representative of each compacting state

appointed pursuant to Article III of this compact.

F. "Interstate commission" means the Interstate Commission for Adult Offender

Supervision established by this compact.

G. "Member" means the commissioner of a compacting state or designee, who shall

be a person officially connected with the commissioner.

H. "Noncompacting state" means any state which has not enacted the enabling

legislation for this compact.

I. "Offender" means an adult placed under, or subject to, supervision as the result of

the commission of a criminal offense and released to the community under the

jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.

J. "Person" means any individual, corporation, business enterprise, or other legal

entity, either public or private.

K. "Rules" means acts of the interstate commission, duly promulgated pursuant to

Article VII of this compact, substantially affecting interested parties in addition to the

interstate commission, which shall have the force and effect of law in the compacting

states.

L. "State" means a state of the United States, the District of Columbia, and any

other territorial possessions of the United States.

M. "State council" means the resident members of the State Council for Interstate

Adult Offender Supervision created by each state under Article III of this compact.

ARTICLE III

THE COMPACT COMMISSION

A. The compacting states hereby create the "Interstate Commission for Adult

Offender Supervision." The interstate commission shall be a body corporate and joint

agency of the compacting states. The interstate commission shall have all the

responsibilities, powers, and duties set forth herein, including the power to sue and be

sued, and such additional powers as may be conferred upon it by subsequent action of the

respective legislatures of the compacting states in accordance with the terms of this

compact.

B. The interstate commission shall consist of commissioners selected and

appointed by resident members of a state council for interstate adult offender supervision

for each state. While each member state may determine the membership of its own state

council, its membership must include at least one representative from the legislative,

judicial, and executive branches of government, victims groups, and compact

administrators. Each state council shall appoint as its commissioner the compact

administrator from that state to serve on the interstate commission in such capacity under

or pursuant to applicable law of the member state. Each compacting state retains the right

to determine the qualifications of the compact administrator who shall be appointed by

the state council or by the Governor in consultation with the legislature and the judiciary.

In addition to appointment of its commissioner to the national interstate

commission, each state council shall exercise oversight and advocacy concerning its

participation in interstate commission activities and other duties as may be determined by

each member state, including, but not limited to, development of policy concerning

operations and procedures of the compact within that state.

C. In addition to the commissioners who are the voting representatives of each

state, the interstate commission shall include individuals who are not commissioners but

who are members of interested organizations; such noncommissioner members must

include a member of the national organizations of governors, legislators, state chief

justices, attorneys general, and crime victims. All noncommissioner members of the

interstate commission shall be ex officio (nonvoting) members. The interstate

commission may provide in its bylaws for such additional ex officio, nonvoting members

as it deems necessary.

D. Each compacting state represented at any meeting of the interstate commission

is entitled to one vote. A majority of the compacting states shall constitute a quorum for

the transaction of business, unless a larger quorum is required by the bylaws of the

interstate commission.

E. The interstate commission shall meet at least once each calendar year. The

chairperson may call additional meetings and, upon the request of 27 or more compacting

states, shall call additional meetings. Public notice shall be given of all meetings and

meetings shall be open to the public.

F. The interstate commission shall establish an executive committee which shall

include commission officers, members, and others as shall be determined by the bylaws.

The executive committee shall have the power to act on behalf of the interstate

commission during periods when the interstate commission is not in session, with the

exception of rulemaking and/or amendment to the compact. The executive committee

oversees the day-to-day activities managed by the executive director and interstate

commission staff; administers enforcement and compliance with the provisions of the

compact, its bylaws, and as directed by the interstate commission and performs other

duties as directed by commission or set forth in the bylaws.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers:

1. To adopt a seal and suitable bylaws governing the management and operation of

the interstate commission.

2. To promulgate rules which shall have the force and effect of statutory law and

shall be binding in the compacting states to the extent and in the manner provided in this

compact.

3. To oversee, supervise, and coordinate the interstate movement of offenders

subject to the terms of this compact and any bylaws adopted and rules promulgated by the

compact commission.

4. To enforce compliance with compact provisions, interstate commission rules,

and bylaws, using all necessary and proper means, including, but not limited to, the use of

judicial process.

5. To establish and maintain offices.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, or contract for services of personnel, including, but not

limited to, members and their staffs.

8. To establish and appoint committees and hire staff which it deems necessary for

the carrying out of its functions including, but not limited to, an executive committee as

required by Article III which shall have the power to act on behalf of the interstate

commission in carrying out its powers and duties hereunder.

9. To elect or appoint such officers, attorneys, employees, agents, or consultants,

and to fix their compensation, define their duties, and determine their qualifications; and

to establish the interstate commission's personnel policies and programs relating to,

among other things, conflicts of interest, rates of compensation, and qualifications of

personnel.

10. To accept any and all donations and grants of money, equipment, supplies,

materials, and services, and to receive, utilize, and dispose of same.

11. To lease, purchase, accept contributions or donations of, or otherwise to own,

hold, improve, or use any property, real, personal, or mixed.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise

dispose of any property, real, personal, or mixed.

13. To establish a budget and make expenditures and levy dues as provided in

Article IX of this compact.

14. To sue and be sued.

15. To provide for dispute resolution among compacting states.

16. To perform such functions as may be necessary or appropriate to achieve the

purposes of this compact.

17. To report annually to the legislatures, governors, judiciary, and state councils of

the compacting states concerning the activities of the interstate commission during the

preceding year. Such reports shall also include any recommendations that may have been

adopted by the interstate commission.

18. To coordinate education, training, and public awareness regarding the interstate

movement of offenders for officials involved in such activity.

19. To establish uniform standards for the reporting, collecting, and exchanging of

data.

ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

Section A. Bylaws

1. The interstate commission shall, by a majority of the members, within twelve

months of the first interstate commission meeting, adopt bylaws to govern its conduct as

may be necessary or appropriate to carry out the purposes of the compact, including, but

not limited to:

a. Establishing the fiscal year of the interstate commission;

b. Establishing an executive committee and such other committees as may be

necessary;

c. Providing reasonable standards and procedures:

(i) For the establishment of committees, and

(ii) Governing any general or specific delegation of any authority or function

of the interstate commission;

d. Providing reasonable procedures for calling and conducting meetings of the

interstate commission, and ensuring reasonable notice of each such meeting; e.

Establishing the titles and responsibilities of the officers of the interstate commission;

f. Providing reasonable standards and procedures for the establishment of the

personnel policies and programs of the interstate commission. Notwithstanding any civil

service or other similar laws of any compacting state, the bylaws shall exclusively govern

the personnel policies and programs of the interstate commission;

g. Providing a mechanism for winding up the operations of the interstate

commission and the equitable return of any surplus funds that may exist upon the

termination of the compact after the payment and/or reserving of all of its debts and

obligations;

h. Providing transition rules for "start up" administration of the compact; and

i. Establishing standards and procedures for compliance and technical assistance in

carrying out the compact.

Section B. Officers and Staff

1. The interstate commission shall, by a majority of the members, elect from among

its members a chairperson and a vice chairperson, each of whom shall have such

authorities and duties as may be specified in the bylaws. The chairperson or, in his or her

absence or disability, the vice chairperson, shall preside at all meetings of the interstate

commission. The officers so elected shall serve without compensation or remuneration

from the interstate commission; provided that, subject to the availability of budgeted

funds, the officers shall be reimbursed for any actual and necessary costs and expenses

incurred by them in the performance of their duties and responsibilities as officers of the

interstate commission.

2. The interstate commission shall, through its executive committee, appoint or

retain an executive director for such period, upon such terms and conditions and for such

compensation as the interstate commission may deem appropriate. The executive director

shall serve as secretary to the interstate commission, and hire and supervise such other

staff as may be authorized by the interstate commission, but shall not be a member.

Section C. Corporate Records of the Interstate Commission

The interstate commission shall maintain its corporate books and records in

accordance with the bylaws.

Section D. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, and employees of the interstate

commission shall be immune from suit and liability, either personally or in their official

capacity, for any claim for damage to or loss of property or personal injury or other civil

liability caused or arising out of any actual or alleged act, error, or omission that occurred

within the scope of interstate commission employment, duties, or responsibilities;

provided, that nothing in this paragraph shall be construed to protect any such person

from suit and/or liability for any damaged, loss, injury, or liability caused by the

intentional or willful and wanton misconduct of any such person.

2. The interstate commission shall defend the commissioner of a compacting state,

or his or her representatives or employees, or the interstate commission's representatives

or employees, in any civil action seeking to impose liability, arising out of any actual or

alleged act, error, or omission that occurred within the scope of interstate commission

employment, duties, or responsibilities, or that the defendant had a reasonable basis for

believing occurred within the scope of interstate commission employment, duties, or

responsibilities; provided, that the actual or alleged act, error, or omission did not result

from intentional wrongdoing on the part of such person.

3. The interstate commission shall indemnify and hold the commissioner of a

compacting state, the appointed designee or employees, or the interstate commission's

representatives or employees, harmless in the amount of any settlement or judgment

obtained against such persons arising out of any actual or alleged act, error, or omission

that occurred within the scope of interstate commission employment, duties, or

responsibilities, or that such persons had a reasonable basis for believing occurred within

the scope of interstate commission employment, duties, or responsibilities, provided, that

the actual or alleged act, error, or omission did not result from gross negligence or

intentional wrongdoing on the part of such person.

ARTICLE VI

ACTIVITIES OF THE INTERSTATE COMMISSION

1. The interstate commission shall meet and take such actions as are consistent with

the provisions of this compact.

2. Except as otherwise provided in this compact and unless a greater percentage is

required by the bylaws, in order to constitute an act of the interstate commission, such act

shall have been taken at a meeting of the interstate commission and shall have received an

affirmative vote of a majority of the members present.

3. Each member of the interstate commission shall have the right and power to cast

a vote to which that compacting state is entitled and to participate in the business and

affairs of the interstate commission. A member shall vote in person on behalf of the state

and shall not delegate a vote to another member state. However, a state council shall

appoint another authorized representative, in the absence of the commissioner from that

state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may

provide for members' participation in meetings by telephone or other means of

telecommunication or electronic communication. Any voting conducted by telephone, or

other means of telecommunication or electronic communication, shall be subject to the

same quorum requirements of meetings where members are present in person.

4. The interstate commission shall meet at least once during each calendar year.

The chairperson of the interstate commission may call additional meetings at any time

and, upon the request of a majority of the members, shall call additional meetings.

5. The interstate commission's bylaws shall establish conditions and procedures

under which the interstate commission shall make its information and official records

available to the public for inspection or copying. The interstate commission may exempt

from disclosure any information or official records to the extent they would adversely

affect personal privacy rights or proprietary interests. In promulgating such rules, the

interstate commission may make available to law enforcement agencies records and

information otherwise exempt from disclosure, and may enter into agreements with law

enforcement agencies to receive or exchange information or records subject to

nondisclosure and confidentiality provisions.

6. Public notice shall be given of all meetings, and all meetings shall be open to the

public, except as set forth in the rules or as otherwise provided in the compact. The

interstate commission shall promulgate rules consistent with the principles contained in

the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be amended. The

interstate commission and any of its committees may close a meeting to the public where

it determines by two-thirds vote that an open meeting would be likely to:

a. Relate solely to the interstate commission's internal personnel practices and

procedures;

b. Disclose matters specifically exempted from disclosure by statute;

c. Disclose trade secrets or commercial or financial information which is privileged

or confidential;

d. Involve accusing any person of a crime, or formally censuring any person;

e. Disclose information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

f. Disclose investigatory records compiled for law enforcement purposes;

g. Disclose information contained in or related to examination, operating, or

conditions reports prepared by, or on behalf of or for the use of, the interstate commission

with respect to a regulated entity for the purpose of regulation or supervision of such

entity;

h. Disclose information, the premature disclosure of which would significantly

endanger the life of a person or the stability of a regulated entity; or

i. Specifically relate to the interstate commission's issuance of a subpoena, or its

participation in a civil action or proceeding.

7. For every meeting closed pursuant to this provision, the interstate commission's

chief legal officer shall publicly certify that, in his or her opinion, the meeting may be

closed to the public, and shall reference each relevant exemptive provision. The interstate

commission shall keep minutes which shall fully and clearly describe all matters

discussed in any meeting and shall provide a full and accurate summary of any actions

taken, and the reasons therefor, including a description of each of the views expressed on

any item and the record of any roll call vote (reflected in the vote of each member on the

question). All documents considered in connection with any action shall be identified in

such minutes.

8. The interstate commission shall collect standardized data concerning the

interstate movement of offenders as directed through its bylaws and rules which shall

specify the data to be collected, the means of collection, and data exchange and reporting

requirements.

ARTICLE VII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

1. The interstate commission shall promulgate rules in order to effectively and

efficiently achieve the purposes of the compact including transition rules governing

administration of the compact during the period in which it is being considered and

enacted by the states;

2. Rulemaking shall occur pursuant to the criteria set forth in this article and the

bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform

to the principles of the Federal Administrative Procedure Act, 5 U.S.C. Sections 551 et

seq., and the Federal Advisory Committee Act, 5 U.S.C. App. 2, Sections 1 et seq., as

may be amended (hereinafter "APA").

3. All rules and amendments shall become binding as of the date specified in each

rule or amendment.

4. If a majority of the legislatures of the compacting states rejects a rule, by

enactment of a statute or resolution in the same manner used to adopt the compact, then

such rule shall have no further force and effect in any compacting state.

5. When promulgating a rule, the interstate commission shall:

a. Publish the proposed rule stating with particularity the text of the rule which is

proposed and the reason for the proposed rule;

b. Allow persons to submit written data, facts, opinions, and arguments, which

information shall be publicly available;

c. Provide an opportunity for an informal hearing; and

d. Promulgate a final rule and its effective date, if appropriate, based on the

rulemaking record.

6. Not later than sixty days after a rule is promulgated, any interested person may

file a petition in the United States District Court for the District of Columbia or in the

Federal District Court where the interstate commission's principal office is located for

judicial review of such rule. If the court finds that the interstate commission's action is not

supported by substantial evidence (as defined in the APA) in the rulemaking record, the

court shall hold the rule unlawful and set it aside.

7. Subjects to be addressed within 12 months after the first meeting must at a

minimum include:

a. Notice to victims and opportunity to be heard;

b. Offender registration and compliance;

c. Violations/returns;

d. Transfer procedures and forms;

e. Eligibility for transfer;

f. Collection of restitution and fees from offenders;

g. Data collection and reporting;

h. The level of supervision to be provided by the receiving state;

i. Transition rules governing the operation of the compact and the interstate

commission during all or part of the period between the effective date of the compact and

the date on which the last eligible state adopts the compact;

j. Mediation, arbitration, and dispute resolution.

The existing rules governing the operation of the previous compact superseded by this

compact shall be null and void twelve (12) months after the first meeting of the interstate

commission created hereunder.

8. Upon determination by the interstate commission that an emergency exists, it

may promulgate an emergency rule which shall become effective immediately upon

adoption, provided that the usual rulemaking procedures provided hereunder shall be

retroactively applied to said rule as soon as reasonably possible, in no event later than 90

days after the effective date of the rule.

ARTICLE VIII

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION

Section A. Oversight

1. The interstate commission shall oversee the interstate movement of adult

offenders in the compacting states and shall monitor such activities being administered in

noncompacting states which may significantly affect compacting states.

2. The courts and executive agencies in each compacting state shall enforce this

compact and shall take all actions necessary and appropriate to effectuate the compact's

purposes and intent. In any judicial or administrative proceeding in a compacting state

pertaining to the subject matter of this compact which may affect the powers,

responsibilities, or actions of the interstate commission, the interstate commission shall

be entitled to receive all service of process in any such proceeding, and shall have

standing to intervene in the proceeding for all purposes.

Section B. Dispute Resolution

1. The compacting states shall report to the interstate commission on issues or

activities of concern to them, and cooperate with and support the interstate commission in

the discharge of its duties and responsibilities.

2. The interstate commission shall attempt to resolve any disputes or other issues

which are subject to the compact and which may arise among compacting states and

noncompacting states.

3. The interstate commission shall enact a bylaw or promulgate a rule providing for

both mediation and binding dispute resolution for disputes among the compacting states.

Section C. Enforcement

The interstate commission, in the reasonable exercise of its discretion, shall enforce

the provisions of this compact using any or all means set forth in Article XI, Section B, of

this compact.

ARTICLE IX

FINANCE

1. The interstate commission shall pay or provide for the payment of the reasonable

expenses of its establishment, organization, and ongoing activities.

2. The interstate commission shall levy on and collect an annual assessment from

each compacting state to cover the cost of the internal operations and activities of the

interstate commission and its staff which must be in a total amount sufficient to cover the

interstate commission's annual budget as approved each year. The aggregate annual

assessment amount shall be allocated based upon a formula to be determined by the

interstate commission, taking into consideration the population of the state and the

volume of interstate movement of offenders in each compacting state and shall

promulgate a rule binding upon all compacting states which governs said assessment.

3. The interstate commission shall not incur any obligations of any kind prior to

securing the funds adequate to meet the same; nor shall the interstate commission pledge

the credit of any of the compacting states, except by and with the authority of the

compacting state.

4. The interstate commission shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the interstate commission shall be

subject to the audit and accounting procedures established under its bylaws. However, all

receipts and disbursements of funds handled by the interstate commission shall be audited

yearly by a certified or licensed public accountant and the report of the audit shall be

included in and become part of the annual report of the interstate commission.

ARTICLE X

COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state, as defined in Article II of this compact, is eligible to become a

compacting state.

2. The compact shall become effective and binding upon legislative enactment of

the compact into law by no less than 35 of the states. The initial effective date shall be the

later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction.

Thereafter it shall become effective and binding, as to any other compacting state, upon

enactment of the compact into law by that state. The governors of nonmember states or

their designees will be invited to participate in interstate commission activities on a

nonvoting basis prior to adoption of the compact by all states and territories of the United

States.

3. Amendments to the compact may be proposed by the interstate commission for

the enactment by the compacting states. No amendment shall become effective and

binding upon the interstate commission and the compacting states unless and until it is

enacted into law by unanimous consent of the compacting states.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION,

AND JUDICIAL ENFORCEMENT

Section A. Withdrawal

1. Once effective, the compact shall continue in force and remain binding upon

each and every compacting state; provided, that a compacting state may withdraw from

the compact ("withdrawing state") by enacting a statute specifically repealing the statute

which enacted the compact into law.

2. The effective date of withdrawal is the effective date of the repeal.

3. The withdrawing state shall immediately notify the chairperson of the interstate

commission in writing upon the introduction of legislation repealing this compact in the

withdrawing state.

4. The interstate commission shall notify the other compacting states of the

withdrawing state's intent to withdraw within sixty days of its receipt thereof.

5. The withdrawing state is responsible for all assessments, obligations, and

liabilities incurred through the effective date of withdrawal, including any obligations, the

performance of which extend beyond the effective date of withdrawal.

6. Reinstatement following withdrawal of any compacting state shall occur upon

the withdrawing state reenacting the compact or upon such later date as determined by the

interstate commission.

Section B. Default

1. If the interstate commission determines that any compacting state has at any time

defaulted ("defaulting state") in the performance of any of its obligations or

responsibilities under this compact, the bylaws, or any duly promulgated rules, the

interstate commission may impose any or all of the following penalties:

a. Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by

the interstate commission;

b. Remedial training and technical assistance as directed by the interstate

commission;

c. Suspension and termination of membership in the compact. Suspension shall be

imposed only after all other reasonable means of securing compliance under the bylaws

and rules have been exhausted. Immediate notice of suspension shall be given by the

interstate commission to the governor, the chief justice or chief judicial officer of the

state, the majority and minority leaders of the defaulting state's legislature, and the state

council. The grounds for default include, but are not limited to, failure of a compacting

state to perform such obligations or responsibilities imposed upon it by this compact,

interstate commission bylaws, or duly promulgated rules. The interstate commission shall

immediately notify the defaulting state in writing of the penalty imposed by the interstate

commission on the defaulting state pending a cure of the default. The interstate

commission shall stipulate the conditions and the time period within which the defaulting

state must cure its default. If the defaulting state fails to cure the default within the time

period specified by the interstate commission, in addition to any other penalties imposed

herein, the defaulting state may be terminated from the compact upon an affirmative vote

of a majority of the compacting states and all rights, privileges, and benefits conferred by

this compact shall be terminated from the effective date of suspension.

2. Within sixty days of the effective date of termination of a defaulting state, the

interstate commission shall notify the governor, the chief justice or chief judicial officer,

and the majority and minority leaders of the defaulting state's legislature and the state

council of such termination.

3. The defaulting state is responsible for all assessments, obligations, and liabilities

incurred through the effective date of termination including any obligations, the

performance of which extends beyond the effective date of termination.

4. The interstate commission shall not bear any costs relating to the defaulting state

unless otherwise mutually agreed upon between the interstate commission and the

defaulting state.

5. Reinstatement following termination of any compacting state requires both a

reenactment of the compact by the defaulting state and the approval of the interstate

commission pursuant to the rules.

Section C. Judicial Enforcement

The interstate commission may, by majority vote of the members, initiate legal action in

the United States District Court for the District of Columbia or, at the discretion of the

interstate commission, in the federal district where the interstate commission has its

offices to enforce compliance with the provisions of the compact, its duly promulgated

rules, and bylaws, against any compacting state in default. In the event judicial

enforcement is necessary, the prevailing party shall be awarded all costs of such litigation

including reasonable attorneys fees.

Section D. Dissolution of Compact

1. The compact dissolves effective upon the date of the withdrawal or default of the

compacting state which reduces membership in the compact to one compacting state.

2. Upon the dissolution of this compact, the compact becomes null and void and

shall be of no further force or effect, and the business and affairs of the interstate

commission shall be wound up and any surplus funds shall be distributed in accordance

with the bylaws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

1. The provisions of this compact shall be severable, and if any phrase, clause,

sentence, or provision is deemed unenforceable, the remaining provisions of the compact

shall be enforceable.

2. The provisions of this compact shall be liberally constructed to effectuate its

purposes.

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

Section A. Other Laws

1. Nothing herein prevents the enforcement of any other law of a compacting state

that is not inconsistent with this compact.

2. All compacting states' laws conflicting with this compact are superseded to the

extent of the conflict.

Section B. Binding Effect of the Compact

1. All lawful actions of the interstate commission, including all rules and bylaws

promulgated by the interstate commission, are binding upon the compacting states.

2. All agreements between the interstate commission and the compacting states are

binding in accordance with their terms.

3. Upon the request of a party to a conflict over meaning or interpretation of

interstate commission actions, and upon a majority vote of the compacting states, the

interstate commission may issue advisory opinions regarding such meaning or

interpretation.

4. In the event any provision of this compact exceeds the constitutional limits

imposed on the legislature of any compacting state, the obligations, duties, powers, or

jurisdiction sought to be conferred by such provision upon the interstate commission shall

be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the

compacting state and shall be exercised by the agency thereof to which such obligations,

duties, powers, or jurisdiction are delegated by law in effect at the time this compact

becomes effective.

(2) This compact may be cited as the Interstate Compact for Adult Offender

Supervision.