An Act To Adopt an Interstate Compact for Juveniles on Probation and Parole
Maine Legislature, Session 121, LD 1323
Committee: Criminal Justice and Public Safety
Sponsors: O'BRIEN

Legislative Document 
No. 1323 
H.P.977 
House of Representatives, March 11,2003 
An Act To Adopt an Interstate Compact for Juveniles on Probation 
and Parole 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative O'BRIEN of Augusta. 
Primed on recycbl paper 
17/~ 
/J7./lId£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec.t. 34-A MRSA c. 9, sub-c. 6 is enacted to read: 
SUBCHAPTER 6 
THE INTERSTATE COMPACT FOR JUVENILES 
§990l. 
Short title -- Article 1 
This subchapter may be known and cited as "the Interstate 
Compact for Juyeniles, which is referred to in this subchapter as 
"the compact." 
§9902. 
Definitions 
Article 2 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
1b'1all's. 
"Bylaws" means those bylaws established by the 
interstate commission for its governance or for directing or 
controlling the interstate commission's actions or conduct. 
2. 
Commissioner. 
"Commissioner" 
means 
the 
voting 
representative of each compacting state appointed pursuant to 
section 9903. 
3. 
Compact administrator. 
"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 juveniles 
subject to the terms of this compact, the rules adopted by the 
interstate commission and policies adopted by the state council 
under this compact. 
4. 
Compacting state. 
"Compacting state" means any state 
that has enacted the enabling legislation for this compact. 
5. 
Court. 
"Court" means a court having jurisdiction over 
juveniles. 
6. 
Deputy 
compact 
administrator. 
"Deputy 
compact 
administrator" means the individual, if any, in each compacting 
state appointed to act on behalf of 
a 
compact administrator 
pursuant 
to 
the 
terms 
of 
this 
compact 
responsible 
for 
the 
administration and management 
of the State's supervision and 
transfer of juveniles subject to the terms of this compact, the 
rules adopted by the interstate commission and policies adopted 
by the state council under this compact. 
Page l-LR13 59 (1) 
. 
Interstate cOllllllission. 
"Interstate commission" 
means 
the 
Interstate 
Commission 
for 
Juveniles 
established in this 
subchapter. 
8. 
Juvenile. 
"Juvenile" means 
any person defined as 
a 
juvenile in any member state or by the rules of the interstate 
commission, including: 
A. 
An accused delinquent who is a person charged with an 
offense that, if committed by an adult, would be a criminal 
offense: 
H. 
An adjudicated delinquent who is a person found to have 
commi tted an offense that. if committed by an adult. would 
be a criminal offense; 
C. 
An accused status offender who is a person charged with 
an offense that would not be a criminal offense if committed 
by an adult; 
D. 
An adjudicated status offender who is a person found to 
have 
committed an offense that would not be 
a 
criminal 
offense if committed by an adult; and 
E. 
A nonoffender who is a person in need of supervision who 
has not been accused or adjudicated as a status offender or 
delinquent. 
9. 
Boncompacting state. 
"Noncompacting state" means 
any 
state that has not enacted the enabling legislation for this 
compact. 
10. 
Probation or parole. 
"Probation" or "parole" means any 
kind 
of 
superv~s~on 
or 
conditional 
release 
of 
juveniles 
authorized under the laws of the compacting states. 
11. 
Rule. 
"Rule" 
means 
a 
written 
statement 
by 
the 
interstate commission promulgated pursuant to section 9904 that 
is of general applicability; implements, interprets or prescribes 
a 
policy or 
prov~s~on of 
the 
compact 
or 
an organizational, 
procedural or practice requirement of the interstate commission: 
and has 
the 
force 
of statutory law in 
a 
compacting state, 
including the ability to amend, 
repeal or suspend an existing 
rule. 
12. 
State. 
"State" means a state of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, the U.S. 
Virgin Islands, Guam, 
American Samoa and the Northern Marianas 
Islands. 
13. 
State counci1. 
"State council" 
means 
the 
resident 
members of the state council for interstate juvenile supervision 
created by each state under section 9909. 
§9903. 
Interstate Commission for Juveni1es -- Artic1e 3 
1. 
Commission created. 
The compacting states hereby create 
the Interstate Commission for Juveniles. 
The commission is a 
body corporate and joint agency of the compacting states. 
The 
commission has all the responsibilities, powers and duties set 
forth in this section, 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. 
2. 
Commissioners. 
The interstate commission consists of 
commissioners appointed by the appropriate appointing authority 
in each state pursuant to the rules and requirements of each 
compacting state and in consultation with the state council. 
The 
commissioner 
is 
the 
compact 
administrator, 
deputy 
compact 
administrator or designee 
from that state who 
serves on the 
interstate commission in such capacity under or pursuant to the 
applicable law of the compacting state. 
3. 
Honcommissioner 
members. 
In 
addition 
to 
the 
commissioners who are the voting representatives of each state, 
the 
interstate 
commission 
includes 
individuals 
who 
are 
not 
commissioners but who are members of interested organizations. 
Those 
noncommissioner 
members 
must 
include 
a 
member 
of 
the 
national organizations of governors, 
legislators, 
state chief 
justices, attorneys general; members of the Interstate Compact 
for Adult Offender Su).?ervision and Interstate Compact for the 
Placement of Children; juvenile justice and juvenile corrections 
officials; and crime victims. 
All noncommissioner members of the 
interstate commission are ex officio, nonvoting members. 
The 
interstate 
commission 
may 
provide 
in 
its 
bylaws 
for 
such 
additional ex officio, nonvoting members, 
including members of 
other national organizations, as it considers necessary. 
4. 
Each 
state 
entit1ed 
to 
one 
vote: 
quorum. 
Each 
compacting state re).?resented at any meeting of the interstate 
commission is entitled to one vote. 
A majority of the compacting 
states constitutes a 
quorum for the transaction of business, 
unless 
a 
larger 
quorum 
is 
required 
by 
the 
bylaws 
of 
the 
interstate commission. 
5. 
Meetings. 
The interstate commission shall meet at least 
once each calendar year. 
The chair may call additional meetings 
and, 
upon the request of a simple majority of the compacting 
states, shall call additional meetings. 
Public notice must be 
given of all meetings and meetings are open to the public. 
6. 
Executive cODmittee. 
The interstate commission shall 
establish 
an 
executive 
committee 
that 
includes 
commission 
officers, members and others as determined by the bylaws. 
The 
executive committee has power to act on behalf of the interstate 
commission during periods when the interstate commission is not 
in session, with the exception of rulemaking or amendments to the 
compact. 
The 
executive 
committee 
oversees 
the 
day to-day 
activities of the administration of the compact managed by the 
executive director and interstate commission staff; administers 
enforcement and compliance with the provisions of the compact, 
its bylaws and rules; and performs other duties as directed by 
the interstate commission or as set forth in the bylaws. 
7. 
Member 
participation. 
Each 
commissioner 
of 
the 
interstate commission has the right and power to cast a vote to 
which the commissioner's state is entitled and to participate in 
the 
business 
and 
affairs 
of 
the 
interstate 
commission. 
A 
commissioner must vote in person and may not delegate a vote to 
another compacting state, except a commissioner, in consultation 
with 
the 
state 
council, 
may 
appoint 
another 
authorized 
representative, 
in the absence of the commissioner 
from that 
state. to cast a vote on behalf of the compacting state at a 
specified 
meeting. 
The 
bylaws 
may 
provide 
for 
members' 
participation 
in 
meetings 
by 
telephone 
or 
other 
means 
of 
telecommunication or electronic communication. 
8. 
Public access 
to interstate 
cODmission 
records 
and 
information. 
The interstate commission's bylaws must 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. 
9. 
Public notice. 
Public notice of all meetings must be 
given and all meetings are open to the public. except as set 
forth in the rules or as otherwise provided in the compact. 
The 
interstate commission and 
any of its committees may close 
a 
meeting to the public where it determines by 2/3 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 that is privileged or confidential; 
D. 
Involve accusing 
a 
person of 
a 
crime, 
or 
formally 
censuring a person; 
E. 
Disclose 
information 
of 
a 
personal 
nature 
where 
disclosure would constitute a clearly unwarranted invasion 
of personal privacy; 
F. 
Disclose 
investigative 
records 
compiled 
for 
law 
enforcement purposes; 
G. 
Disclose 
information 
contained 
in 
or 
related 
to 
examination. operating or condition reports prepared by, or 
on behalf of or for the use of, the interstate commission 
with respect to a regulated person or entity for the purpose 
of regulation or supervision of such person or entity; 
H. 
Disclose information. the premature disclosure of which 
would significantly endanger the stability of a regulated 
person or entity; or 
I. 
Specifically 
relate 
to 
the 
interstate 
commission's 
issuance of 
a 
subpoena or its participation in a 
civil 
action or other legal proceeding. 
10. 
Process for closed meetings. 
For every meeting closed 
pursuant 
to 
subsection 
9, 
the 
interstate 
commission's 
legal 
counsel shall publicly certify that, 
in the 
legal counsel's 
opinion, 
the meeting may be closed to the public, 
and shall 
reference 
each 
relevant 
exemptive 
provision. 
The 
interstate 
commission shall keep minutes that fully and clearly describe all 
matters discussed in any meeting and 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. 
All 
documents 
considered in 
connection with any action must be identified in such minutes. 
11. 
Date collection: records. 
The interstate commission 
shall 
collect 
standardized 
data 
concerning 
the 
interstate 
movement of juveniles as directed through rules specifying the 
data to be collected. the means of collection and data exchange 
and 
the 
reporting 
requirements. 
These 
methods 
of 
data 
collection. exchange and reporting must, insofar as is reasonably 
possible, 
conform to up-to-date technology and coordinate the 
interstate 
commission's 
information 
functions 
with 
the 
appropriate repository of records. 
§9904. 
Povers and duties of interstate commission -- Article 4 
1. 
Powers and duties. 
The interstate commission has the 
following powers and duties: 
A. 
To 
provide 
for 
dispute 
resolution 
among 
compacting 
states: 
B. 
To 
promulgate 
rules 
to 
effect 
the 
purposes 
and 
obligations as enumerated in this compact, which have the 
force of statutory law and are binding in the compacting 
states to the extent and in the manner provided in this 
compact: 
C. 
To 
oversee, 
supervise 
and coordinate 
the interstate 
movement of juveniles subject to the terms of this compact 
and 
any 
bylaws 
adopted 
and 
rules 
promulgated 
by 
the 
interstate commission: 
D. 
To enforce compliance with the compact provisions, the 
rules 
promulgated 
by 
the 
interstate 
commission 
and 
the 
bylaws, using all necessary and proper means, including, but 
not limited to, the use of judicial process: 
E. 
To 
establish and maintain offices that are 
located 
within one or more of the compacting states: 
F. 
To purchase and maintain insurance and bonds: 
G. 
To borrow, 
accept, hire or contract for services of 
personnel; 
H. 
To establish and appoint committees and hire staff that 
the interstate commission deems necessary for the carrying 
out of its functions, 
including, 
but not limited to, 
an 
executive committee as required by section 9903 that has the 
power 
to act on behalf of the interstate commission in 
carrying out its powers and duties hereunder; 
I. 
To 
elect or 
appoint officers, 
attorneys, 
employees, 
agents or consultants and to fix their compensation, define 
their duties and determine their qualifications: 
J. 
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; 
K. 
To accept any donations and grants of money, equipment, 
supplies, materials and services and to receive, utilize and 
dispose of donations and grants; 
L. 
To lease, purchase, accept contributions or donations of 
or otherwise to own, 
hold, 
improve or use any property, 
real, personal or mixed; 
M. 
To 
sell, 
convey, 
mortgage, 
pledge, 
lease, 
exchange, 
abandon or otherwise dispose of any property, real, personal 
or mixed; 
N. 
To establish a 
budget and make expenditures and levy 
dues as provided in section 9908; 
o. 
To sue and be sued: 
P. 
To adopt a seal and bylaws governing the management and 
operation of the interstate commission; 
Q. 
To perform functions necessary or appropriate to achieve 
the purposes of this compact; 
R. 
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. 
Annual reports must also includ~ 
any 
recommendations 
that 
may 
have 
been 
adopted 
by 
the 
interstate commission; 
s. 
To coordinate education, training and public awareness 
regarding the interstate movement of juveniles for officials 
involved in such activity; 
T. 
To establish uniform standards for reporting, collecting 
and exchanging data; and 
~U~.~ __ ~T~oL-~m~a~~~·~n~t~a~i~n~~i~t~s~~c~o~r~p~o~r~a~t~e __ ~b~o~o~k~s~~a=n=d=-~r~e==c~o~r~d=s~_in 
accordance with the bylaws. 
§9905. 
Organization and operation of interstate 
commission -- Article 5 
1. 
Bylaws. 
The interstate commission shall adopt bylaws by 
a majority of the members present and voting, within 12 months 
after the first interstate commission meeting, 
to govern its 
conduct as 
may be necessary or appropriate to carry out the 
purposes of this subchapter, inCluding, but not limited to: 
A. 
Establishing 
the 
fiscal 
year 
of 
the 
interstate 
commission; 
B. 
Establishing an executive committee and other necessary 
committees; 
C. 
Providing for the establishment of committees governing 
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 meeting; 
E. 
Establishing the titles and responsibilities of 
the 
officers of the interstate commission; 
F. 
Providing a mechanism for concluding the operations of 
the interstate commission and the return of any surplus 
funds that may exist upon the termination of the compact 
after the payment and reserving of all of its debts and 
obligations; 
G. 
Providing start-up rules for initial administration of 
the compact; and 
H. 
Establishing standards and procedures for compliance and 
technical assistance in carrying out the compact. 
2. 
Officers and staff. 
The 
following provisions govern 
officers and staff. 
A. 
The interstate commission shall, by a majority of the 
members, elect annually from among its members a chair and a 
vice-chair, each of whom has such authority and duties as 
may 
be 
specified in the bylaws. 
The chair or, 
in the 
chair's absence or disability, the vice-chair shall preside 
at all meetings of the interstate commission. 
The officers 
so elected serve without compensation or remuneration from 
the interstate commission, 
provided that, 
subject to the 
availabili~ budgeted funds, the officers are reimbursed 
for any ordinary and necessary costs and expenses incurred 
~them in 
the 
performance 
of 
their 
duties 
and 
responsibilities as officers of the interstate commission. 
B. 
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 
considers 
appropriate. 
The executive director serves as secretary to 
the interstate commission and may hire and supervise such 
other 
staff 
as 
may 
be 
authorized 
by 
the 
interstate 
commission but may not be a member. 
3. 
Oualified immunity, 
defense and indemnification. 
The 
following 
provisions 
govern 
qualified 
immunity, 
defense 
and 
indemnification. 
A. 
The 
interstate 
commission's 
executive 
director 
and 
employees 
are 
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 
an actual or 
alleged act. error or omission that occurred, or that such 
person had a reasonable basis for believing occurred, within 
the scope of interstate commission employment, 
duties or 
responsibilities. 
Nothing 
in 
this 
paragraph 
may 
be 
construed to protect any such person from suit or liability 
for any damage, 
loss, injury or liability caused by the 
intentional or willful and wanton misconduct of any such 
person. 
B. 
The liability of a commissioner or employee or agent of 
a 
commissioner, 
acting within the scope of 
such peron's 
employment 
or 
duties, 
for 
acts, 
errors 
or 
omissions 
occurring within such person's state may not exceed the 
limits of liability set forth under the constitution and 
laws 
of 
that state 
for 
state officials, 
employees 
and 
agents. 
Nothing in this paragraph may 
be 
construed to 
protect any such person from suit or liability for 
any 
damage, loss, injury or liability caused by the intentional 
or willful and wanton misconduct of any such person. 
c. 
The interstate commission shall defend the executive 
director 
or 
the 
employees 
or 
representatives 
of 
the 
interstate commission and, subject to the approval of the 
attorney 
general 
of 
the 
state 
represented 
by 
any 
commissioner 
of 
a 
compacting 
state, 
shall 
defend 
such 
commissioner 
or 
the 
commissioner's 
representatives 
or 
employees in a 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, if the actual or alleged act, error or 
omission did not result from intentional or willful and 
wanton misconduct on the part of such person. 
D. 
The interstate commission shall indemnify and hold the 
commissioner of 
a 
compacting state, 
or 
the 
commissioner 
representative or employee, 
or the interstate commission 
respresentative or employee, 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, if the actual or alleged act, error or 
omission did not result from intentional or willful and 
wanton misconduct on the part of such persons. 
§9906. 
Rule-mating functions of interstate 
commission -- Article 6 
1. 
Rules. 
The interstate commission shall promulgate and 
publish rules in order to effectively and efficiently achieve the 
purposes of the compact. 
Rulemaking must occur pursuant to the criteria set forth in this 
section 
and 
the 
bylaws 
and 
rules 
adopted 
pursuant 
to 
this 
section. 
The 
rulemaking 
must 
substantially 
conform 
to 
the 
principles of the federal Administrative Procedure Act, 5 United 
States 
Code, 
Section 
et 
seq. 
and 
the 
federal 
Advisory 
Committee Act, 5 United States Code App. 2 Section 1 et seq., as 
may be amended, referred to in this subchapter as "the APA," or 
other administrative procedures act the 
interstate commission 
determines appropriate consistent with due process requirements 
under 
the 
United 
States 
Constitution 
as 
now 
or 
hereafter 
interpreted by the United States Supreme Court. 
All rules and amendments are binding as of the date specified in 
each rule or amendment. 
2. 
Promulgation of rules. 
When 
adopting 
a 
rule, 
the 
interstate commission shall: 
A. 
Publish the proposed rule stating with particularity the 
text of the proposed rule and the reason for the proposed 
rule; 
B. 
Allow persons to submit written data, facts, opinions 
and arguments, which mus t 
be added to the record and made 
publicly available; 
C. 
Provide 
an opportunity for 
an 
informal hearing, if 
petitioned by 10 or more persons; and 
D. 
Promulgate 
a 
final rule 
and its effective date , 
if 
appropriate, 
based 
on 
the 
rule-making 
record, 
including 
input from state or local officials and other interested 
parties. 
3. 
Rule review. 
No later than 60 days after a rule is 
Page 
O-LR13~9(~) 
promulgated, 
an 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 the rule. 
If 
the court finds that the interstate commission's action is not 
supported by substantial evidence in the rule-making record as 
defined in the APA, the court shall hold the rule unlawful and 
set it aside. 
4. 
Rule void. 
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 the 
rule has no further force and effect in any compacting state. 
5. 
Existing rules suspended. 
The existing rules governing 
the operation of the Interstate Compact for Juveniles superceded 
by this subchapter are void 12 months after the first meeting of 
the interstate commission. 
6. 
Emergency rule. 
If the interstate commission determines 
that an emergency exists, it may promulgate an emergency rule 
that becomes effective immediately upon adoption as long as the 
usual 
rule-making procedures 
provided under 
this 
section are 
retroactively applied to the rule as soon as reasonably possible 
but not later than 
days after the effective date of 
the 
emergency rule. 
§9907. 
Oversight. enforcement and dispute resolution by 
interstate commission -- Article 7 
1. 
Oversight. 
The interstate commission shall oversee the 
interstate movement of juveniles in the compacting states and 
shall 
monitor 
activities 
being 
administered 
in 
noncompacting 
states that may significantly affect compacting states. 
2. 
Enforcement. 
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. 
The provisions of this compact 
and the 
rules promulgated hereunder must be received by all the judges, 
public 
officers, 
commissions, 
and 
departments 
of 
the 
state 
government 
as 
evidence 
of 
the 
authorized 
statute 
and 
administrative rules. 
Courts shall take judicial notice of the 
compact 
and 
the 
rules. 
In 
any 
judicial 
or 
administrative 
proceeding in a compacting state pertaining to the subject matter 
of this compact that may affect the powers, responsibilities or 
actions of the interstate commission, the interstate commission 
is to receive all service of process in any such proceeding and 
has standing to intervene in the proceeding for all purposes._ 
Page ll-LR1359(1) 
3. 
Dispute resolution. 
The compacting states shall report 
to the interstate commission on issues and activities necessary 
for the a&ninistration of the compact as well as issues and 
activities pertaining to compliance with the provisions of the 
compact and its bylaws and rules. 
The interstate commission shall attempt. upon the reguest of a 
compacting state, to resolve any disputes or other issues that 
are subject to the compact and that may arise among compacting 
states and noncompacting states. 
The interstate commission shall 
promulgate 
a 
rule 
providing 
for 
both mediation 
and 
binding 
dispute resolution for disputes among the compacting states. 
4. 
Commission enforcement. 
The interstate commission shall 
enforce the provisions and rules of this compact using all means 
set forth in section 9911. 
§9908. 
Finance -- Article 8 
1. 
Expenses. 
The 
interstate 
commission 
shall 
pay 
or 
provide 
for 
the 
payment 
of 
the 
reasonable 
expenses 
of its 
establishment, organization and ongoing activities. 
2. 
Assessment. 
The interstate commission shall levy 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 sufficient to 
cover the interstate commission's annual budget as approved each 
year. 
The aggregate annual assessment amount must be allocated 
based 
upon 
a 
formula 
to 
be 
determined 
by 
the 
interstate 
commission, 
taking into consideration the population of each 
compacting 
state 
and 
the 
volume 
of 
interstate 
movement 
of 
juveniles in each compacting state and shall promulgate a rule 
binding upon all compacting states that governs the assessment. 
3. 
Obligations. 
The interstate commission may not incur 
any obligations of any kind prior to securing the funds adeguate 
to meet the same obligations, nor may the interstate commission 
pledge the credit of any of the compacting states, except by and 
with the authority of the compacting state. 
4. 
Accounts. 
The interstate commission shall keep accurate 
accounts of all receipts and disbursements. 
The receipts and 
disbursements of the interstate commission are subject to the 
audit and accounting procedures established under its bylaws. 
All receipts and disbursements of funds handled by the interstate 
commission must be audited yearly by a certified or licensed 
public accountant and the report of the audit must be included in 
and become part of. the annual report of the interstate commission. 
Page l2-LR1359(1) 
§9909. 
State council -- Article 9 
Each 
compacting state shall create 
a 
state council 
for 
interstate juvenile supervision. 
While each 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 
the 
compact administrator or the 
compact administrator's 
designee. 
Each compacting state retains the right to determine 
the qualifications of the compact administrator or deputy compact 
administrator. 
Each state council shall advise and may exercise 
oversight and advocacy concerning that state's participation in 
interstate 
commission activities 
and other duties 
as 
may 
be 
determined 
by 
that 
state, 
including, 
but 
not 
limited 
to, 
development of policy concerning operations and procedures of the 
compact within that state. 
§99l0. 
Compacting state; effective date; amendment -- Article 10 
1. 
Eligibility. 
Any state, as defined in section 9902, is 
eligible to become a compacting state. 
2. 
Effective date. 
The 
compact 
becomes 
effective 
and 
binding upon enactment of the compact into law by no fewer than 
of the states. 
The initial effective date is July 1, 2004 or 
upon enactment into law by the 35th state, whichever is later. 
After the initial effective date, the compact becomes 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 the 
activities of the interstate commission on a 
nonvoting basis 
prior to adoption of the compact by all states and territories o~ 
the United States. 
3. 
Amendment. 
The 
interstate 
commission 
may 
propose 
amendments 
to 
the 
compact 
for 
enactment 
by 
the 
compacting 
states. 
An amendment does not 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. 
§99ll. 
Withdrawal. default. termination and judicial 
enforcement 
Article 11 
1. 
Withdrawal. 
Once effective, the compact continues in 
force 
and 
remains 
binding 
upon 
each 
compacting 
state. 
A 
compacting state may withdraw from the compact by enacting a 
statute specifically repealing 
the 
statute that 
enacted 
the 
compact. 
The effective date of withdrawal is the effective date 
of the 
repeal of the 
compact. 
The 
withdrawing state shall 
immediately notify the chair of the interstate commission in 
writing 
upon 
the 
introduction of 
legislation repealing this 
compact in the withdrawing state. 
The 
interstate commission 
shall notify the other compacting states of 
the withdrawing 
state's intent to withdraw within 60 days of its receipt of the 
withdrawal notice. 
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 
extends 
beyond 
the 
effective 
date 
of 
withdrawal. 
Reinstatement following withdrawal of any compacting 
state occurs 
on 
the 
withdrawing state's 
reenactment 
of 
the 
compact 
or 
upon 
a 
later date 
determined 
by 
the 
interstate 
commission. 
2. 
Default. 
If the interstate commission determines that 
any compacting state has at any time defaulted 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. 
Remedial training and technical assistance as directed 
by the interstate commission; 
B. 
Alternative dispute resolution; 
C. 
Fines, fees, and costs in such amounts as are determined 
to be reasonable as fixed by the interstate commission; and 
D. 
Suspension or termination of membership in the compact. 
Suspension is imposed only after all other reasonable means 
of securing compliance under the bylaws and rules have been 
exhausted and the interstate commission has determined that 
the offending state is in default. 
Immediate notice of 
suspension must be given by the interstate commission to the 
governor, the chief justice or the 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 
the 
obligations 
or 
responsibilities imposed upon it by this compact, the 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 
defaul ting state pending a resolution of the default. 
The 
interstate commission shall stipulate the conditions and the 
time period within which the defaulting state shall resolve 
its default. 
If the defaulting state fails to resolve the 
default within the time period specified by the interstate 
commission, 
~he defaulting state may be terminated from the 
compact 
upon 
an 
affirmative vote of 
a 
majority of the 
Page l4-LR1359(1) 
compacting states and all rights, privileges and benefits 
conferred by this compact are terminated from the effective 
date of termination. 
Within 60 days of the effective date of termination of a 
defaulting state, the interstate commission shall notify the 
governor, the chief justice or chief judicial officer, the 
majority and minority leaders of the defaulting state's 
legislature and the state council of such termination. 
The defaulting state is responsible for all assessments, 
obligations and liabilities incurred through the effective 
date 
of 
termination 
including 
any 
obligations, 
the 
performance of which extends beyond the effective date of 
termination. 
The interstate commission may not bear any costs relating to 
the defaulting state unless otherwise mutually agreed upon 
in 
writing 
between 
the 
interstate 
commission 
and 
the 
defaulting state. 
Reinstatement following termination of any compacting state 
requires both a reenactment of the compact by the defaulting 
state's legislature 
and 
the 
approval 
of 
the 
interstate 
commission pursuant to the rules. 
3. 
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 must be awarded all costs of such litigation 
including reasonable attorney's fees. 
4. 
Dissolution of compact. 
The compact dissolves upon the 
date of the withdrawal or default of the compacting state that 
reduces membership in the compact to one compacting state. 
Upon 
the dissolution of this compact, the compact becomes void and has 
no further force or effect. 
The business and affairs of the 
interstate commission must be concluded and surplus funds must be 
distributed in accordance with the bylaws. 
§9912. 
Severability and construction -- Article 12 
The provisions of this compact are severable, and if any 
phrase, clause, sentence or provision is deemed unenforceable, 
the remaining provisions of the compact are enforceable. 
The 
provisions 
of 
this 
compact 
are 
liberally 
constructed 
to 
effectuate its purposes. 
§99l3. 
Binding effect of compact and other laws -- Article 13 
1. 
Other 
laws. 
This 
compact 
does 
not 
prevent 
the 
enforcement of any other law of a compacting state that is not 
inconsistent with this compact. 
All compacting states' 
laws, 
other than state constitutions and other interstate compacts, 
conflicting with this compact are superseded to the extent of the 
conflict. 
2. 
Binding effect of compact. 
All lawful actions of the 
interstate commission, including all rules and bylaws promulgated 
by the interstate commission, are binding upon the compacting 
states. 
All agreements between the interstate commission and the 
compacting states are binding in accordance with their terms. 
Upon 
the reguest 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. 
If a provision of this compact exceeds the constitutional limits 
imposed 
on 
the 
legislature 
of 
any 
compacting 
state, 
the 
obligations, duties, powers or jurisdiction to be conferred by 
such provision upon the interstate commission is ineffective. 
The obligations, duties, powers or jurisdiction remains in the 
compacting state and is exercised by the agency of the compacting 
state to which the obligations, duties, powers or jurisdiction is 
delegated by law in effect at the time this compact becomes 
effective. 
Sec. 2. Legislative intent. 
Interstate Compact for Juveniles 
Maine 
statutory 
conventions. 
nature, and it is the intent of 
interpreted as substantively the 
The 
text 
and 
numbering of 
have been changed to conform 
The 
changes 
are 
technical 
the Legislature that this Act 
same as the original compact. 
SUMMARY 
the 
to 
in 
be 
This bill creates the Interstate Compact 
for Juveniles, 
concerning juveniles who are on probation or parole. 
Page l6-LR1359(1)