2023 New York Laws › EXC - Executive › Article 19-I - Waterfront Commission Act › 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 JUVENILES
ARTICLE I
PURPOSE
The  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 II
DEFINITIONS
As 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; and
5. "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; and
L.  "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 III
INTERSTATE COMMISSION FOR JUVENILES
A.  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; or
9. 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 IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The 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; and
T. The interstate commission shall maintain its  corporate  books  and
  records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. 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; and
h. 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 VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. 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; and
5. 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 VII
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
A. 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 VIII
FINANCE
A. 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 IX
THE STATE COUNCIL
Each 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 X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
A.  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 XI
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
A. Withdrawal.
1.  Once  effective,  the  compact  shall continue in force and remain
  binding upon each and every compacting state; provided that a compacting
  state may withdraw  from  the  compact  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; and
d. 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 XII
SEVERABILITY AND CONSTRUCTION
A. 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 XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other laws.
1.  Nothing  herein  prevents  the  enforcement  of any other law of a
  compacting state that is not inconsistent with this compact.
2. All compacting states' laws  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