2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART V - Correction and Parole (§§ 1101 — 1646) › Chapter 83A - Interstate Compact for Adult Offender Supervision (§§ 1433 — 1446) › § 1444 - Withdrawal, default, termination, and judicial enforcement

(a) Withdrawal. — Once effective, the Compact continues in force and remains binding upon every compacting state; Provided, That a compacting state may withdraw from the Compact (withdrawing state) by approving a statute that specifically repeals the statute that enacted the Compact into law.
The effective date of withdrawal is the effective date of the repeal.
The withdrawing state shall immediately notify the chairman of the Interstate Commission in writing about 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 (60) days of receipt of the notice.
The withdrawing state shall be responsible for all fees, obligations, and liabilities of that state incurred through the effective date of withdrawal, including any obligation whose execution extends beyond the effective date of withdrawal.
Reinstatement following withdrawal of any compacting state shall occur when the withdrawing state reenacts the Compact or upon a later date as determined by the Interstate Commission.
(b) Noncompliance. — If the Interstate Commission determines that any compacting state has failed to comply (noncompliance state) with any of its obligations or responsibilities under this Compact or with the bylaws or with any of the duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
(1) Fines, fees, and costs in amounts deemed to be reasonable as established by the Interstate Commission.
(2) Remedial training and technical assistance as directed by the Interstate Commission.
(3) Suspension and termination of membership in the Compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. The Interstate Commission shall give immediate notice of suspension to the governor, the chief justice, or chief judicial officer of the defaulting state, the majority and minority leaders of the legislature of the defaulting state and the state council.
The grounds for determining noncompliance include, but are not limited to, failure of a compacting state to meet the obligations or responsibilities imposed upon it by this Compact or the bylaws and the duly promulgated rules of the Interstate Commission. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure for noncompliance. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must remedy its default. If the defaulting state fails to remedy the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed hereby, 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 must be terminated from the effective date of suspension. Within sixty (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 of the defaulting state, the majority and minority leaders of the legislature of the defaulting state, and the state council of the termination.
The defaulting state is responsible for all fees, obligations, and liabilities of that state incurred through the effective date of termination, including any obligations, the execution of which extends beyond the effective date of termination.
The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state.
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) Legal action. — The Interstate Commission, by majority vote of its members, may 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 main office to enforce compliance with the Compact, its duly promulgated rules, or bylaws against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation, including reasonable attorney’s fees.
The Compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the Compact to a single compacting state.
Upon the dissolution of this Compact, the Compact becomes void and shall have no further force or effect, and the business and affairs of the Interstate Commission must be concluded and any surplus funds must be distributed in accordance with the bylaws.
History —Aug. 11, 2004, No. 208, § 1, art. 12.