An Act to Adopt a New Interstate Compact Regarding Adults Who are on Probation and Parole
Maine Legislature, Session 121, LD 0311
Committee: Criminal Justice and Public Safety
Sponsors: O'BRIEN, BUNKER, SNOWE-MELLO, TOBIN

Legislative Document 
No. 311 
H.P.254 
House of Representatives, January 28,2003 
An Act to Adopt a New Interstate Compact Regarding Adults Who 
are 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. 
l7/~frl.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BUNKER of Kossuth Township, SNOWE-MELLO of 
Poland, TOBIN of Dexter. 
Printed on recycled paper 
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: 
5UBCBA.PTER 6 
INTERSTATE C(MPACT FOR ADULT 
OFFENDER SUPERVISION 
§9871. 
Short title--Article 1 
This subchapter may be known and cited as the "Interstate 
Compact for Adult Offender Supervision." 
§9872. 
Definitions--Article 2 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Adult. 
"Adult" 
means 
both 
an 
individual 
legally 
classified as an adult and a 
juvenile treated as an adult by 
court order, statute or operation of law. 
2. 
Bylaws. 
"Bylaws" means those bylaws established by the 
interstate commission for its governance or for directing or 
controlling the interstate commission's actions or conduct. 
3. 
Commissioner. 
"Commissioner" 
means 
the 
voting 
representative of each compacting state appointed pursuant to 
section 9873. 
4. 
CQ)Qpact 
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 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. 
5. 
CQ)Qpacting state. 
"Compacting state" means any state 
that has enacted the enabling legislation for this compact. 
6. 
Interstate commission. 
"Interstate commission" 
means 
the 
Interstate 
Commission 
for 
Adult 
Offender 
Supervision 
established in this subchapter. 
7. 
IIpmher. 
"Member" means the commissioner of a compacting 
state or a designee who is a person officially connected with the 
commissioner. 
Page l-LR0008(1) 
8. 
HoncOIIPacting state. 
"Noncompacting state". means any 
state that has not enacted the enabling legislation for this 
compact. 
9. 
Offender. 
"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 author ities or corrections or 
other criminal justice agencies. 
10. 
Person. 
"Person" means 
any individual, corporation, 
business enterprise or other legal entity, either public or 
private. 
11. 
Rules. 
"Rules" 
means 
acts 
of 
the 
interstate 
commission, 
duly 
promulgated 
pursuant 
to 
section 
9878, 
substantially affecting interested parties in addition to the 
interstate commission that have the force and effect of law in 
the compacting states. 
12. 
State. 
"State" means a state of the United States, the 
District of Columbia and any other territorial possession of the 
United States. 
13. 
State council. 
"State council" 
means 
the 
resident 
members 
of 
the 
State 
Council 
for 
Interstate 
Adult 
Offender 
Supervision created by each state under section 9874. 
§9873. 
Interstate Commission for Adult Offender Supervision--
Article 3 
1. 
Commission created. 
The compacting states hereby create 
the Interstate Commission for Adult Offender Supervision. 
The 
interstate commission is a body corporate and joint agency of the 
compacting 
states. 
The 
interstate 
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 subse<;luent 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 selected and appointed by the state council for 
each 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. 
These 
noncommissioner 
members 
must 
include 
a 
member 
of 
the 
national organizations of governors, 
legislators, 
state chief 
justices I 
attorneys 
general 
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 as it considers necessary. 
4. 
Each 
state 
entitled 
to 
one 
vote; 
quorum. 
Each 
compacting state represented 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 majority of the members, 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 
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 or 
amendments 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 the interstate commission or set forth in the 
bylaws. 
§9874. 
State council--Article 4 
Each 
member 
state 
shall 
create 
a 
State 
Council 
for 
Interstate Adult Offender Supervision that is responsible for the 
appointment of the commissioner who 
serves on the interstate 
commission from that state. 
Each state council shall appoint as 
its commissioner the compact administrator from that state to 
serve on the interstate commission in such capacity under or 
pursuant to applicable law of the member state. 
While each 
member 
state may 
determine 
the 
membership of its own 
state 
council, its membership must include at least one representative 
from 
the 
legislative, 
judicial 
and 
executive 
branches 
of 
government; victims groups: and the compact administrator. 
Each 
compacting 
state 
retains 
the 
right 
to 
determine 
the 
qualifications of the compact administrator who must be appointed 
by the state councilor by the governor in consultation with the 
legislature and the judiciary. 
In addition to appointment of its 
commissioner to the 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. 
§9815. 
Powers of interstate commission--Article 5 
The interstate commission has the following powers: 
1. 
Adopt seal and bylaws. 
To adopt a seal and suitable 
bylaws governing the management and operation of the interstate 
commission: 
2. 
Promulgate rules. 
To promulgate rules that have the 
force 
and effect of 
statutory 
law 
and 
are 
binding in the 
compacting states to the extent and in the manner provided in 
this compact: 
3. 
Supervise interstate movement of offenders. 
To oversee, 
supervise and coordinate the interstate movement of offenders 
subject to the terms of this compact, 
any bylaws adopted and 
rules promulgated by the interstate commission: 
4. 
Enforce 
compact, 
rules 
and 
bylaws. 
To 
enforce 
compliance 
with 
compact 
provisions 
and 
interstate 
commission 
rules 
and 
bylaws, 
using 
all 
necessary 
and 
proper 
means, 
including, but not limited to, the use of judicial process; 
5. 
Establish 
and maintain offices. 
To 
establish 
and 
maintain offices: 
6. 
Purchase and maintain insurance and bonds. 
To purchase 
and maintain insurance and bonds; 
1. 
Provide 
personnel 
services. 
To 
borrow, 
accept 
or 
contract for services of personnel, including, but not limited 
to, members and the members' staffs; 
8. 
Establish 
and 
appoint 
committees; 
hire staff. 
To 
establish and appoint committees and hire staff that it considers 
necessary for carrying out its functions, 
including, 
but not 
limited to, an executive committee as reguired by section 9873 
that has the power to act on behalf of the interstate commission 
in carrying out its powers and duties: 
9. 
Elect or appoint officers, attorneys, employees, agents 
or 
consultants; 
establish personnel policies. 
To 
elect 
or 
a~~oint officers, attorneys, 
em~loyees, agents or consultants; to 
fix their compensation, define their duties and determine their 
qualifications; 
and 
to establish the 
interstate 
commission's 
personnel policies and ~rograms relating to, among other things, 
conflicts of interest. rates of 
com~ensation and qualifications 
of personnel; 
10. 
Accept donations. 
To accept donations and grants of 
money, 
equipment, 
supplies, 
materials 
and 
services, 
and 
to 
receive, utilize and dis~ose of those donations and grants; 
11. 
Hold 
property. 
To 
lease, 
~urchase, 
accept 
contributions or donations of or otherwise to own, hold, 
im~rove 
or use any ~ro~erty, real, ~ersonal or mixed; 
12. 
Sell property. 
To sell, 
convey, 
mortgage, 
~ledge, 
lease, exchange, abandon or otherwise 
dis~ose of any 
~ro~erty, 
real, personal or mixed; 
13. 
Establish 
budget. 
To 
establish 
a 
budget. 
make 
expenditures and levy assessments as provided in section 9880; 
14. 
Sue and be sued. 
To sue and be sued; 
15. 
Provide for dispute resolution. 
To ~rovide for dispute 
resolution among com~acting states; 
16. 
Perform other functions. 
To perform such functions as 
may be necessary or appropriate to achieve the 
pur~oses of this 
compact; 
17. 
Report. 
To 
report 
annually 
to 
the 
legislatures, 
governors, 
judiciaries 
and 
state 
councils 
of 
the 
compacting 
states concerning the activities of the interstate commission 
during the preceding year. 
Such 
re~orts must also include any 
recommendations 
that 
have 
been 
adopted 
by 
the 
interstate 
commission; 
18. 
Coordinate education regarding interstate movement of 
offenders. 
To 
coordinate 
education, 
training 
and 
public 
awareness 
regarding the interstate movement of offenders 
for 
officials involved in such activity; and 
19. 
Establish 
standards 
for 
reporting. 
collecting 
and 
exchanging 
data. 
To 
establish 
uniform 
standards 
for 
the 
reporting, collecting and exchanging of data. 
§9876. 
Organization and operation of interstate commission--
Article 6 
1. 
.Pyla.G. 
The interstate commission shall adopt bylaws, 
by a majority vote of the members, within 12 months of 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 
such 
other 
committees as may be necessary; 
c. 
Providing reasonable standards and procedures: 
(1) 
For the establishment of committees: and 
(2) 
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 
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 eguitable return of any 
surplus funds that may exist upon the termination of the 
compact after the payment or reserving of all of its debts 
and obligations; 
H. 
Providing transitional rules for administration of the 
compact when it first takes effect; and 
I. 
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 vote of 
the members, elect from among its members 
a chair and a 
vice-chair, each of whom has such authorities 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 
th~ 
availability of budgeted 
funds, the officers are 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. 
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. 
Corporate books and records of interstate conanission. 
The interstate commission shall maintain its corporate books and 
records in accordance with the bylaws. 
4. 
Qualified inanunity. defense and indemnification. 
The 
following 
provisions 
govern 
qualified 
immunity, 
defense 
and 
indemnification. 
A. 
The members, officers, executive director and employees 
of 
the 
interstate 
commission 
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 
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 interstate commission shall defend the commissioner 
of a compacting state, a commissioner' s representatives or 
employees or the interstate commission'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 wrongdoing on the 
part of that person. 
C. 
The interstate commission shall indemnify and hold the 
commissioner of a compacting state, the appointed designee 
or employee or the interstate commission's representative or 
employee, 
harmless 
in the 
amount 
of 
any 
settlement 
or 
judgment obtained against such a person 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 a person 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 
gross negligence or intentional wrongdoing on the part of 
that person. 
§9811. 
Activities of interstate commission--Artic1e 1 
1. 
Commission actions. 
The interstate commission shall 
meet and take such actions as are consistent with the provisions 
of this compact. 
Except as othenTise provided in this compact 
and unless a greater percentage is required by the bylaws, 
1n 
order to constitute an act of the interstate commission, the act 
must have been taken at a meeting of the interstate commission 
and must have received an affirmative vote of a majority of the 
members present. 
2. 
Members' 
rights. 
Each 
member 
of 
the 
interstate 
commission has the right and power to cast a vote to which the 
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 may not delegate a vote to 
another member state. 
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 
is 
subject 
to 
the 
same 
quorum 
requirements of meetings when members are present in person. 
3. 
Meeting. 
The interstate commission shall meet at least 
once during each calendar year. 
The chair of the interstate 
commission may call additional meetings at any time and, upon the 
reguest of 
a 
majority of the members, 
shall call additional 
meetings. 
4. 
Information; 
records 
available. 
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. 
In promulgating rules, the interstate commission may 
make 
available 
to 
law 
enforcement 
agencies 
records 
and 
information otherwise exempt from disclosure, 
agreements with law enforcement agencies to 
information 
or 
records 
subject 
to 
confidentiality provisions. 
and may enter into 
receive or exchange 
nondisclosure 
and 
5. 
Meeting notice. 
Public no~ 
must be given of all 
meetings and all meetings are open to the l?ubli~excel?t as set 
forth in the rules or as otherwise-l?£Qvided in the coml?act. 
The 
interstate commission shall l?romulgate rules consistent with the 
principles contained in the Government ln the Sunshine 
ActL_~ 
United States Code, Section 552 (b), as amended. 
The interstate 
commission and any of its committees may close a meeting to the 
public when the interstate commission determines by 2/3 vote that 
an ol?en meeting: 
A. 
Relates solely to the interstate commission's internal 
personnel practices and l?rocedures; 
B. 
May 
disclose 
matte~r~s~~s~l?~e~c~i~f~i~c~a~l~l~y __ ~e~x~e~m~l?~t~e~d~ __ f~r.om 
disclosure by statute; 
C. 
May disclose trade secrets or commercial or financial 
information that is l?rivileged or confidential; 
D. 
May involve accusing a l?erson of a crime or formally 
censuring a person; 
E. 
May disclose information of a personal nature and that 
disclosure would constitute a clearly unwarranted invasion 
of personal privacy; 
F. 
May 
disclose investigatory records 
compiled for 
law 
enforcement purposes; 
G. 
Mav disclose information contained in or related to 
examination, operating or condition reports prepared by, or 
on behalf of or for the use of, the interstate commission 
with respect to 
a 
regulated entity for 
the 
purpose 
of 
regulation or supervision of such entity; 
H. 
May 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 relates 
to 
the 
interstate 
commission's 
issuance of 
a 
subpoena or its participation in a 
civil 
action or proceeding. 
6. 
Public certification. 
for every meeting closed pursuant 
to subsection 5, the interstate commission's chief legal officer 
shall 
publicly certify that, 
1n 
the 
chief 
legal 
officer's 
opinion, 
the meeting may 
be closed to the public and shall 
reference each relevant exem]?tive provision of subsection 5. 
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 for: 
taking such actions, including a descri]?tion of each of the vie~§ 
expressed on any item and the record ~ny vote by roll call, 
reflected in the vote of each member 
on the question. 
All 
documents 
considered 
in 
connection with 
any 
action 
must 
be 
identified in the minutes. 
7. 
Collect data. 
The interstate commission shall collect 
data concerning the interstate movement of offenders as directed 
through its bylaws and rules that must s]?ecify the data to be 
collected, 
the 
means 
of 
collection 
and 
data 
exchange 
and 
reporting requirements. 
§9878. 
Rule-making functions of interstate commission--
Article 8 
1. 
Rules. 
The interstate commission shall promulgate rules 
in order to effectively and efficiently achieve the purposes of 
the 
compact, 
including 
transitional 
rules 
governing 
administration of the compact during the period in which it is 
being considered and enacted by the state. 
Rulemaking must occur pursuant to the criteria set forth in this 
section and rules promulgated pursuant to this section. 
The 
rulemaking must substantially conform to the ]?rinciples of the 
federal 
Administrative 
Procedure 
Act, 
United States 
Code, 
Section 551 et seq. and the federal Advisory Committee Act, 
United States Code App. 2 Section 1 et seq., as may be amended, 
referred to in this subchapter as the "APA." 
All rules and amendments are binding on the date specified 1n 
each rule or amendment. 
2. 
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 effect in any compacting state. 
3. 
Promulgation of rules. 
When promulgating 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 information must 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 rule-making record. 
4. 
Rule review. 
Not later than 60 days after a rule is 
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, as defined in the APA, in the 
rule-making record, the court shall hold the rule unlawful and 
set it aside. 
5. 
Subjects to be addressed. 
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 and 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; 
Page ll-LR0008(1) 
I. 
Transitional 
rnles 
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 that the last eligible state adopts the compact; and 
J. 
Mediation, arbitration and dispute resolution. 
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 no later than 90 days after the effective date of the rule. 
§9879. 
Oversight. enforcement and dispute resolution by 
interstate commission--Article 9 
1. 
Oversight. 
The interstate commission shall oversee the 
interstate movement of adult offenders in the compacting states 
and shall monitor activities being administered in noncompacting 
states that may significantly affect compacting states. 
The courts and executive agencies in each compacting state shall 
enforce this compact and shall take all actions necessary and 
appropriate to effectuate the compact' s purposes and intent. 
In 
any judicial or administrative proceeding in a compacting state 
pertaining to the subject matter of this compact that may affect 
the 
powers, 
responsibilities 
or 
actions 
of 
the 
interstat~ 
commission, the interstate commission is entitled to receive all 
service of process in any such proceeding, and has standing to 
intervene in the proceeding for all purposes. 
2. 
Dispute resolution. 
The compacting states shall report 
to the interstate commission on issues or activities of concern 
to them, and cooperate with and support the interstate commission 
in the discharge of its duties and responsibilities. 
The interstate commission shall attempt to resolve any disputes 
or other issues that are subject to the compact and that may 
arise 
among 
compacting states and 
noncompacting states. 
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. 
3. 
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 
section 9882, subsection 2. 
§9880. 
Finance--Article 10 
Page l2-LR0008(1) 
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 the state 
and 
the 
volume 
of interstate movement 
of 
offenders 
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 adequate 
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. 
§988l. 
Compacting state; effective date; amendment--
Article 11 
1. 
Eligibility. 
Any state, as defined in section 9872, 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 I, 2001, 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 o[ 
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. 
Notification. 
The executive director of the interstate 
Page l3-LR0008(1) 
commission shall notify the Secretary of State of the State of 
Maine upon enactment of the compact into law by no fewer than 35 
states. 
4. 
Nonappl.icabil.ity. 
When this subchapter takes effectr 
subchapter 5 no longer applies. 
5. 
Amendment. 
Amendments to the compact may be proposed by 
the 
interstate 
commission 
for 
enactment 
by 
the 
compacting 
states. 
An amendment does not become effective and binding upon 
the interstate commission and the compacting states unless it is 
enacted into law by unanimous consent of the compacting states. 
§9882. 
Withdrawal., defaul.t, termination and judicial. enforcement 
--Articl.e l.2 
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 into 
law. 
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. 
Defaul.t. 
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. 
Fines, fees and costs in such amounts as are determined 
to be reasonable as fixed by the interstate commission: 
B. 
Remedial training and technical assistance as directed 
by the interstate commission; and 
Page l4-LR0008(1) 
C. 
Suspension 
and 
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. 
Immediate notice of suspension 
must 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 the 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 
penal ty 
imposed 
by 
the 
interstate 
commission 
on 
the 
defaulting 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, in addition to any other penalties imposed in 
this section 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 are terminated from the effective 
date of suspension. 
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 coupcil of such termination. 
The defaulting state is responsible 
obligations and liabilities incurred 
date 
of 
termination, 
including 
performance of which extends beyond 
termination. 
for all assessments, 
through the effective 
any 
obligations 
the 
the effective date of 
The interstate commission may not bear any costs relating to 
the defaulting state unless otherwise mutually agreed upon 
between the interstate commission and the defaulting state. 
Reinstatement following termination of any compacting state 
requires both a reenactment of the compact by the defaulting 
state'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 
court where the interstate commission has its offices to enforce 
compliance 
with 
the 
provisions 
of 
the 
compact. 
its 
duly 
promulgated rules and its 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 effect. 
The business and affairs of the interstate 
commission must be wound up and surplus funds must be distributed 
in accordance with the bylaws. 
§9883. 
Severability and construction--Article 13 
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. 
§9884. 
Binding effect of compact and other laws--Article 14 
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 
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 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. 
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 are ineffective. 
The obligations, duties, powers or jurisdiction remain in the 
compacting 
state 
and 
are 
exercised 
by 
the 
agency 
of 
the 
compacting states to which the obligations , 
duties, powers or 
jurisdiction are delegated by law in effect at the time this 
compact becomes effective. 
Sec. 2. Legislative intent. 
The 
text 
and 
numbering of 
the 
Interstate 
Compact 
for 
Adult 
Offender 
Supervision 
have 
been 
changed to conform to Maine statutory conventions. 
The changes 
are technical in nature and it is the intent of the Legislature 
that this Act be interpreted as substantively the same as the 
original compact. 
SUMMARY 
This bill creates the Interstate Compact for Adult Offender 
Supervision. 
Page l7-LR0008(1)