NY Exec L § 501-E (2021)
2021 New York Laws EXC - Executive Article 19-G - Office of Children and Family Services Title 1 - (Designated Without Title Heading) 501-E - Interstate Compact for Juveniles.

* §  501-e.  Interstate  compact for juveniles. The interstate compact   for juveniles is hereby enacted into law and entered into with all other   jurisdictions  legally  joining  therein  in  a  form  substantially  as   follows: THE INTERSTATE COMPACT FOR JUVENILESARTICLE IPURPOSEThe  compacting  states to this interstate compact recognize that each   state is responsible for the proper supervision or return of  juveniles,   delinquents  and status offenders who are on probation or parole and who   have absconded, escaped or run away from supervision and control and  in   so  doing have endangered their own safety and the safety of others. The   compacting states also recognize that each state is responsible for  the   safe  return  of  juveniles  who have run away from home and in doing so   have left their state of residence. 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,  through  means of joint and cooperative action among the   compacting states to:A. ensure that the adjudicated juveniles and status offenders  subject   to  this  compact  are provided adequate supervision and services in the   receiving state as ordered by the adjudicating judge or parole authority   in the sending state;B. ensure that the public safety interests of the citizens,  including   the  victims  of  juvenile  offenders, in both the sending and receiving   states are adequately protected;C. return juveniles who have  run  away,  absconded  or  escaped  from   supervision  or  control or have been accused of an offense to the state   requesting their return;D. make contracts for the cooperative institutionalization  in  public   facilities  in  member  states  for  delinquent  youth  needing  special   services;E. provide for the effective tracking and supervision of juveniles;F. equitably allocate the  costs,  benefits  and  obligations  of  the   compacting states;G.  establish  procedures  to  manage  the  movement between states of   juvenile offenders released to the community under the  jurisdiction  of   courts,  juvenile departments, or any other criminal or juvenile justice   agency which has jurisdiction over juvenile offenders;H. insure immediate notice to jurisdictions  where  defined  offenders   are authorized to travel or to relocate across state lines;I. establish procedures to resolve pending charges (detainers) against   juvenile  offenders  prior to transfer or release to the community under   the terms of this compact;J. establish a  system  of  uniform  data  collection  on  information   pertaining  to  juveniles  subject to this compact that allows access by   authorized juvenile justice and criminal justice officials, and  regular   reporting  of  compact activities to heads of state executive, judicial,   and   legislative   branches   and   juvenile   and   criminal   justice   administrators;K.  monitor  compliance  with  rules  governing interstate movement of   juveniles  and   initiate   interventions   to   address   and   correct   noncompliance;L.  coordinate  training  and  education  regarding  the regulation of   interstate  movement  of  juveniles  for  officials  involved  in   such   activity; and M. coordinate the implementation and operation of the compact with the   interstate compact for the placement of children, the interstate compact   for  adult  offender  supervision and other compacts affecting juveniles   particularly in those cases where concurrent or overlapping  supervision   issues arise.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 therefore are public business. Furthermore, the   compacting states shall  cooperate  and  observe  their  individual  and   collective  duties  and  responsibilities  for  the  prompt  return  and   acceptance of juveniles subject to the provisions of this  compact.  The   provisions  of  this compact shall be reasonably and liberally construed   to accomplish the purposes and policies of the compact. ARTICLE IIDEFINITIONSAs used in  this  compact,  unless  the  context  clearly  requires  a   different construction:A.   "Bylaws"   means  those  bylaws  established  by  the  interstate   commission for its governance,  or  for  directing  or  controlling  its   actions or conduct;B.  "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;C. "Compacting state" means any state which has enacted  the  enabling   legislation for this compact;D.  "Commissioner"  means the voting representative of each compacting   state appointed pursuant to article III of this compact;E. "Court"  means  any  court  having  jurisdiction  over  delinquent,   neglected, or dependent children;F.  "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;G.   "Interstate  commission"  means  the  interstate  commission  for   juveniles created by article III of this compact;H. "Juvenile" means any person defined as a  juvenile  in  any  member   state or by the rules of the interstate commission, including any:1.  "accused  delinquent" which means a person charged with an offense   that, if committed by an adult, would be a criminal offense;2. "adjudicated  delinquent"  which  means  a  person  found  to  have   committed an offense that, if committed by an adult, would be a criminal   offense;3.  "accused  status  offender"  which  means a person charged with an   offense that would not be a criminal offense if committed by an adult;4. "adjudicated status offender" which means a person  found  to  have   committed  an  offense that would not be a criminal offense if committed   by an adult; and5. "non-offender" which means a person in need of supervision who  has   not been accused or adjudicated a status offender or delinquent;I.  "Non-compacting  state"  means any state which has not enacted the   enabling legislation for this compact; J.  "Probation"  or  "parole"  means  any  kind  of   supervision   or   conditional  release  of  juveniles  authorized  under  the  laws of the   compacting states;K.  "Rule"  means  a  written  statement  by the interstate commission   promulgated pursuant to article VI of this compact that  is  of  general   applicability,   implements,   interprets  or  prescribes  a  policy  or   provision of the compact, or an organizational, procedural, or practical   requirement of the commission, and has the force and effect of statutory   law in a compacting  state,  and  includes  the  amendment,  repeal,  or   suspension of an existing rule; andL.  "State"  means  a  state  of  the  United  States, the District of   Columbia (or its designee), the Commonwealth of Puerto  Rico,  the  U.S.   Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands. ARTICLE IIIINTERSTATE COMMISSION FOR JUVENILESA.  The compacting states hereby create the "interstate commission for   juveniles." The commission shall be a body corporate and joint agency of   the   compacting   states.   The   commission   shall   have   all   the   responsibilities,   powers   and  duties  set  forth  herein,  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  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 for interstate juvenile supervision created hereunder.   The commissioner shall be  the  compact  administrator,  deputy  compact   administrator  or  designee  from  that  state  who  shall  serve on the   interstate  commission  in  such  capacity  under  or  pursuant  to  the   applicable law of the compacting 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  non-commissioner  members  must  include  a member of the national   organizations of governors, legislators, state chief justices, attorneys   general, interstate compact for adult offender  supervision,  interstate   compact  for  the  placement  of children, juvenile justice and juvenile   corrections officials, and crime victims. All  non-commissioner  members   of  the  interstate commission shall be ex-officio (non-voting) members.   The interstate commission may provide in its bylaws for such  additional   ex-officio  (non-voting)  members,  including  members of other national   organizations, in such numbers as shall be determined by the commission.D. Each compacting state represented at any meeting of the  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  commission  shall  meet at least once each calendar year. The   chairperson may call additional meetings and,  upon  the  request  of  a   simple   majority  of  the  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   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    shall  oversee  the  day-to-day  activities of the administration of the   compact managed by  an  executive  director  and  interstate  commission   staff;  administer enforcement and compliance with the provisions of the   compact, its bylaws and rules, and perform such other duties as directed   by the interstate commission or set forth in the bylaws.G.  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 and shall not delegate  a  vote  to  another   compacting  state.  However,  a  commissioner,  in consultation with the   state council, shall 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.H.  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.I. 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  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:1.  relate  solely  to  the interstate commission's internal personnel   practices and procedures;2. disclose matters specifically exempted from disclosure by statute;3. disclose trade secrets or commercial or financial information which   is privileged or confidential;4. involve accusing any person of a crime, or formally  censuring  any   person;5.  disclose  information  of a personal nature where disclosure would   constitute a clearly unwarranted invasion of personal privacy;6.  disclose  investigative  records  compiled  for  law   enforcement   purposes;7.  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;8.  disclose  information,  the  premature  disclosure  of which would   significantly endanger the stability of a regulated person or entity; or9. specifically relate to the interstate commission's  issuance  of  a   subpoena,  or  its  participation  in  a  civil  action  or  other legal   proceeding.J. For every meeting closed pursuant to this provision, 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  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. K.   The   interstate   commission  shall  collect  standardized  data   concerning the interstate movement of juveniles as directed through  its   rules  which  shall  specify  the  data  to  be  collected, the means of   collection and data exchange and reporting requirements. Such methods of   data  collection,  exchange and reporting shall insofar as is reasonably   possible conform to up-to-date technology and coordinate its information   functions with the appropriate repository of records. ARTICLE IVPOWERS AND DUTIES OF THE INTERSTATE COMMISSIONThe commission shall have 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 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;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 which shall be 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 which  it  deems   necessary  for  the  carrying  out  of  its functions including, but not   limited to, an executive committee as required by article  III  of  this   compact  which  shall  have the power to act on behalf of the interstate   commission in carrying out its powers and duties hereunder;I. 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,  inter  alia,   conflicts  of  interest,  rates  of  compensation, and qualifications of   personnel;J. To accept any and all donations and  grants  of  money,  equipment,   supplies,  materials, and services, and to receive, utilize, and dispose   of it;K. To lease,  purchase,  accept  contributions  or  donations  of,  or   otherwise  to own, hold, improve or use any property, real, personal, or   mixed;L. To sell, convey, mortgage, pledge,  lease,  exchange,  abandon,  or   otherwise dispose of any property, real, personal, or mixed;M.  To  establish  a  budget  and  make  expenditures and levy dues as   provided in article VIII of this compact;N. To sue and be sued;O. To adopt a seal and bylaws governing the management  and  operation   of the interstate commission;P.  To  perform  such  functions as may be necessary or appropriate to   achieve the purposes of this compact;Q. 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; R.  To  coordinate  education, training and public awareness regarding   the interstate movement of juveniles  for  officials  involved  in  such   activity;S.  To  establish  uniform  standards of the reporting, collecting and   exchanging of data; andT. The interstate commission shall maintain its  corporate  books  and   records in accordance with the bylaws. ARTICLE VORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSIONA. Bylaws.The  interstate commission shall, by a majority of the members present   and voting, within twelve months after 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 for the establishment of committees 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  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/or  reserving   of all of its debts and obligations;g.  providing  "start-up"  rules  for  initial  administration  of the   compact; andh. establishing standards and procedures for compliance and  technical   assistance in carrying out the compact.B. Officers and staff.1.  The  interstate  commission  shall,  by a majority of the members,   elect  annually  from  among   its   members   a   chairperson   and   a   vice-chairperson,  each  of whom shall have such authority and duties as   may be specified in the bylaws. The chairperson or, in the chairperson's   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 ordinary  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, but shall not be a member and shall hire  and   supervise  such  other  staff  as  may  be  authorized by the interstate   commission.C. Qualified immunity, defense and indemnification.1. The interstate commission's executive director and employees  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 or   relating to any 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; provided, that any such person shall not be  protected   from suit or liability for any damage, loss, injury, or liability caused   by the intentional or willful and wanton misconduct of any such person.2.  The  liability  of any commissioner, or the employee or agent of a   commissioner, acting within the scope of  such  person'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 subdivision shall 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.3.  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  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 or willful and wanton misconduct on the part of   such person.4. The interstate commission shall indemnify and hold the commissioner   of  a  compacting  state,  or  the  commissioner's  representatives   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   intentional  or  willful  and  wanton  misconduct  on  the  part of such   persons. ARTICLE VIRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSIONA. The interstate commission shall promulgate  and  publish  rules  in   order  to  effectively  and  efficiently  achieve  the  purposes  of the   compact.B. 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  "Model   State  Administrative Procedures Act," 1981 act, uniform laws annotated,   vol. 15, p.1 (2000), or such other administrative  procedures  acts,  as   the interstate commission deems 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   shall become binding as of the date specified,  as  published  with  the   final version of the rules as approved by the interstate commission. C.  When  promulgating  a  rule, the interstate commission shall, at a   minimum:1.  publish  the  proposed  rule's  entire  text stating the reason or   reasons for that proposed rule;2. allow and invite any and all persons to submit written data, facts,   opinions and arguments, which information shall be added to the  record,   and be made publicly available;3. provide an opportunity for an informal hearing if petitioned by ten   or more persons;4.  promulgate  a  final  rule and its effective date, if appropriate,   based on input from state or local officials, or interested parties; and5. allow, not later than sixty days after a rule is  promulgated,  any   interested person to 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 in the rulemaking record, the   court shall hold the rule unlawful and set it  aside.  For  purposes  of   this  subdivision,  evidence  is  substantial  if it would be considered   substantial evidence under the  model  state  administrative  procedures   act.D.  If a majority of the legislatures of the compacting states rejects   a rule, those states may, by enactment of a statute or resolution in the   same manner used to adopt the  compact,  cause  such  rule  to  have  no   further force and effect in any compacting state.E.  The  existing  rules  governing  the  operation  of the interstate   compact on juveniles superseded by this  act  shall  be  null  and  void   twelve  months  after  the  first  meeting  of the interstate commission   created hereunder.F. Upon determination by the interstate commission  that  a  state  of   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, but no later than ninety days after   the effective date of the emergency rule. ARTICLE VIIOVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THEINTERSTATE COMMISSIONA. Oversight.1.  The  interstate  commission  shall  oversee the administration and   operations of the interstate  movement  of  juveniles  subject  to  this   compact in the compacting states and shall monitor such activities being   administered  in  non-compacting  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.  The   provisions  of this compact and the rules promulgated hereunder shall be   received  by  all  the  judges,  public   officers,   commissions,   and   departments  of  the  state  government  as  evidence  of the authorized   statute and administrative rules. All 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  which may affect the powers, responsibilities, or actions   of the interstate commission,  it  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. B. Dispute resolution.1.  The compacting states shall report to the interstate commission on   all issues and  activities  necessary  for  the  administration  of  the   compact  as  well as issues and activities pertaining to compliance with   the provisions of the compact and its bylaws and rules.2. The interstate commission shall attempt,  upon  the  request  of  a   compacting  state,  to  resolve  any  disputes or other issues which are   subject to the compact and which may arise among compacting  states  and   between  compacting  and  non-compacting  states.  The  commission shall   promulgate a rule providing  for  both  mediation  and  binding  dispute   resolution for disputes among the compacting states.3.  The  interstate  commission,  in  the  reasonable  exercise of its   discretion, shall enforce the provisions and rules of this compact using   any or all means set forth in article XI of this compact. ARTICLE VIIIFINANCEA. The interstate commission shall pay or provide for the  payment  of   the  reasonable  expenses of its establishment, organization and ongoing   activities.B. 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  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 which governs said assessment.C.  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.D. 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 IXTHE STATE COUNCILEach member 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,   deputy   compact   administrator  or  designee.  Each compacting state retains the right to   determine the qualifications of  the  compact  administrator  or  deputy   compact  administrator.  Each state council will 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. ARTICLE XCOMPACTING STATES, EFFECTIVE DATE AND AMENDMENTA.  Any  state,  the  District  of  Columbia  (or  its  designee), the   Commonwealth of Puerto Rico, the U.S.  Virgin  Islands,  Guam,  American   Samoa,  and  the  Northern  Marianas Islands as defined in article II of   this compact is eligible to become a compacting state.B. The compact shall become effective  and  binding  upon  legislative   enactment  of  the  compact  into law by no less than thirty-five of the   states. The initial effective date shall be the later of July first, two   thousand  four  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 non-member states or their  designees  shall  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 of the United States.C. The interstate commission may propose amendments to the compact for   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 XIWITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENTA. 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  by  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.  The   interstate  commission  shall  notify the other compacting states of the   withdrawing state's intent to withdraw within sixty days of its  receipt   thereof.4.   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.5. 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.B. Technical assistance, fines, suspension, termination and default.1. 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,  or  the  bylaws   or   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 deemed to be   reasonable as fixed by the interstate commission; andd. Suspension or termination of membership in the compact, which shall   be imposed only after all other reasonable means of securing  compliance   under  the  bylaws  and  rules  have  been  exhausted and the interstate    commission has therefore determined  that  the  offending  state  is  in   default. Immediate notice of suspension shall 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 such obligations or responsibilities imposed upon it by  this   compact,  the  bylaws,  or  duly promulgated rules and any other grounds   designated in commission bylaws and  rules.  The  interstate  commission   shall  immediately notify the defaulting state in writing of the penalty   imposed by the interstate commission and of the default pending  a  cure   of  the  default.  The 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 commission, the defaulting state  shall  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 termination.2.  Within  sixty  days  of  the  effective  date  of termination of a   defaulting state, the 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.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  in writing   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.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   attorney's fees.D. Dissolution of compact.1. The compact dissolves effective upon the date of the withdrawal  or   default of any 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 concluded and any surplus   funds shall be distributed in accordance with the bylaws. ARTICLE XIISEVERABILITY AND CONSTRUCTIONA. 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. B. The provisions of this compact  shall  be  liberally  construed  to   effectuate its purposes. ARTICLE XIIIBINDING EFFECT OF COMPACT AND OTHER LAWSA. 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  other  than  state  constitutions  and   other  interstate  compacts conflicting with this compact are superseded   to the extent of the conflict.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.* NB Repealed September 1, 2025