RCW 13.24.011
Execution of compact. (Contingent effective
date.)
EXECUTION OF THE COMPACT
The governor is hereby authorized and directed to execute a
compact on behalf of this state with any other state or states
legally joining therein in the form substantially as follows. No
provision of this compact will interfere with this state's
authority to determine policy regarding juvenile offenders and
nonoffenders within this state.
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. Sec. 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: (1)
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; (2) 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; (3) 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; (4) make contracts for the cooperative
institutionalization in public facilities in member states for
delinquent youth needing special services; (5) provide for the
effective tracking and supervision of juveniles; (6) equitably
allocate the costs, benefits, and obligations of the compacting
states; (7) 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 that has jurisdiction over
juvenile offenders; (8) ensure immediate notice to jurisdictions
where defined offenders may travel or relocate across state
lines; (9) establish procedures to resolve pending charges
(detainers) against juvenile offenders before transfer or release
to the community under the terms of this compact; (10) 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; (11) monitor compliance with
rules governing interstate movement of juveniles and initiate
interventions to address and correct noncompliance; (12)
coordinate training and education regarding the regulation of
interstate movement of juveniles for officials involved in such
activity; and (13) 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 in this section
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:
(1) "Bylaws" means those bylaws established by the
interstate commission for its governance, or for directing or
controlling its actions or conduct.
(2) "Commissioner" means the voting representative of each
compacting state appointed under Article III of this compact.
(3) "Compact administrator" means the individual in each
compacting state appointed under the terms of this compact,
responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of
this compact, the rules adopted by the interstate commission, and
policies adopted by the state council under this compact.
(4) "Compacting state" means any state that has enacted the
enabling legislation for this compact.
(5) "Court" means any court having jurisdiction over
delinquent, neglected, or dependent children.
(6) "Deputy compact administrator" means the individual, if
any, in each compacting state appointed to act on behalf of a
compact administrator under 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.
(7) "Interstate commission" means the interstate commission
for juveniles created by Article III of this compact.
(8) "Juvenile" means any person defined as a juvenile in any
member state or by the rules of the interstate commission,
including:
(a) An accused delinquent, meaning a person charged with an
offense that, if committed by an adult, would be a criminal
offense;
(b) An adjudicated delinquent, meaning a person found to
have committed an offense that, if committed by an adult, would
be a criminal offense;
(c) An accused status offender, meaning a person charged
with an offense that would not be a criminal offense if committed
by an adult;
(d) An adjudicated status offender, meaning a person found
to have committed an offense that would not be a criminal offense
if committed by an adult; and
(e) A nonoffender, meaning a person in need of supervision
who has not been accused or adjudicated a status offender or
delinquent.
(9) "Noncompacting state" means any state that has not
enacted the enabling legislation for this compact.
(10) "Probation or parole" means any kind of supervision or
conditional release of juveniles authorized under the laws of the
compacting states.
(11) "Rule" means a written statement by the interstate
commission issued under 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 practice requirement of the commission, and has
the force and effect of statutory law in a compacting state.
This includes the amendment, repeal, or suspension of an existing
rule.
(12) "State" means a state of the United States, the
District of Columbia (or its designee), the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Northern Marianas Islands.
ARTICLE III - Interstate Commission for Juveniles
(1) The compacting states hereby create the "interstate
commission for juveniles." The interstate commission shall be a
body corporate and joint agency of the compacting states. The
interstate commission shall have all the responsibilities,
powers, and duties set forth in this section, and such additional
powers as may be conferred upon it by subsequent action of the
respective legislatures of the compacting states in accordance
with the terms of this compact.
(2) The interstate commission shall consist of commissioners
appointed by the appropriate appointing authority in each state
under the rules and requirements of each compacting state and in
consultation with the state council for interstate juvenile
supervision. 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 the applicable law of the compacting state.
(3) 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 noncommissioner
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
noncommissioner members of the interstate commission shall be
nonvoting members. The interstate commission may provide in its
bylaws for such additional nonvoting members, including members
of other national organizations, in such numbers as shall be
determined by the commission.
(4) 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.
(5) The interstate commission shall meet at least once each
calendar year. The chair may call additional meetings and, upon
the request of a simple majority of the compacting states, shall
call additional meetings. Public notice shall be given of all
meetings and meetings shall be open to the public.
(6) 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 rule making 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 compact, its
bylaws, and rules, and perform such other duties as directed by
the interstate commission or set forth in the bylaws.
(7) Each member of the interstate commission may 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.
(8) 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.
(9) 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:
(a) Relate solely to the interstate commission's internal
personnel practices and procedures;
(b) Disclose matters specifically exempted from disclosure
by statute;
(c) Disclose trade secrets or commercial or financial
information that is privileged or confidential;
(d) Involve accusing any person of a crime, or formally
censuring any person;
(e) Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(f) Disclose investigative records compiled for law
enforcement purposes;
(g) Disclose information contained in or related to
examination, operating, or condition reports prepared by, or on
behalf of or for the use of, the interstate commission with
respect to a regulated person or entity for the purpose of
regulation or supervision of such person or entity;
(h) Disclose information, the premature disclosure of which
would significantly endanger the stability of a regulated person
or entity; or
(i) Specifically relate to the interstate commission's
issuance of a subpoena, or its participation in a civil action or
other legal proceeding.
(10) For every closed meeting, the interstate commission's
legal counsel shall publicly certify that, in the legal counsel's
opinion, the meeting may be closed to the public, and shall
reference each relevant exemptive provision. The interstate
commission shall keep minutes that fully and clearly describe all
matters discussed in any meeting and shall provide a full and
accurate summary of any actions taken, and the reasons therefore,
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 the minutes.
(11) The interstate commission shall collect standardized
data concerning the interstate movement of juveniles as directed
through its rules that 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
current technology and coordinate its information functions with
the appropriate repository of records.
ARTICLE IV - Powers and Duties of the Interstate Commission
The commission has the following powers and duties:
(1) Provide for dispute resolution among compacting states;
(2) Adopt rules to effect the purposes and obligations of
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;
(3) Oversee, supervise, and coordinate the interstate
movement of juveniles subject to this compact and any bylaws
adopted and rules adopted by the interstate commission;
(4) Enforce compliance with the compact provisions, the
rules adopted by the interstate commission, and the bylaws, using
all necessary and proper means, including but not limited to the
use of judicial process;
(5) Establish and maintain offices that are located within
one or more of the compacting states;
(6) Purchase and maintain insurance and bonds;
(7) Borrow, accept, hire, or contract for personnel
services;
(8) Establish and appoint committees and hire staff that it
deems necessary to carry out its functions including, but not
limited to, an executive committee as required by Article III of
this compact that may act on behalf of the interstate commission
in carrying out its powers and duties;
(9) Elect or appoint 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;
(10) Accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
use, and dispose of the donations and grants;
(11) Lease, purchase, accept contributions or donations of,
or otherwise to own, hold, improve, or use any property, real,
personal, or mixed;
(12) Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal, or
mixed;
(13) Establish a budget and make expenditures and levy dues
as provided in Article VIII of this compact;
(14) Sue and be sued;
(15) Adopt a seal and bylaws governing the management and
operation of the interstate commission;
(16) Perform such functions as may be necessary or
appropriate to achieve the purposes of this compact;
(17) 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. Reports shall also include any recommendations adopted by
the interstate commission;
(18) Coordinate education, training, and public awareness
regarding the interstate movement of juveniles for officials
involved in such activity;
(19) Establish uniform standards of the reporting,
collecting, and exchanging of data; and
(20) Maintain its corporate books and records in accordance
with the bylaws.
ARTICLE V - Organization and Operation
of the Interstate Commission
Section 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:
(1) Establishing the fiscal year of the interstate
commission;
(2) Establishing an executive committee and such other
committees as may be necessary;
(3) Providing for the establishment of committees governing
any general or specific delegation of any authority or function
of the interstate commission;
(4) Providing reasonable procedures for calling and
conducting meetings of the interstate commission, and ensuring
reasonable notice of each such meeting;
(5) Establishing the titles and responsibilities of the
officers of the interstate commission;
(6) 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;
(7) Providing "start-up" rules for initial administration of
the compact; and
(8) Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
Section B. Officers and staff
(1) The interstate commission shall, by a majority of the
members, elect annually from among its members a chair and a
vice-chair, each of whom has the authority and duties that are
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 shall serve
without compensation or remuneration from the interstate
commission. However, 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 deems 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 authorized by the interstate commission.
Section C. Qualified immunity, defense, and indemnification
(1) The commission's executive director and employees are
immune from suit and liability, either personally or in their
official capacity, for any claim for damage to, loss of property,
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 commission employment,
duties, or responsibilities. However, any such person is not
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 subsection
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, if the actual or alleged act, error, or
omission did not result from intentional or willful and wanton
misconduct on the part of such person.
(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, if the actual or alleged
act, error, or omission did not result from intentional or
willful and wanton misconduct on the part of such persons.
ARTICLE VI - Rule-making Functions of the Interstate Commission
(1) The interstate commission shall adopt and publish rules
in order to effectively and efficiently achieve the purposes of
the compact.
(2) Rule making shall occur pursuant to the criteria set
forth in this article and the bylaws and rules adopted pursuant
thereto. Such rule making 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 act, 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 become
binding as of the date specified, as published with the final
version of the rule as approved by the commission.
(3) When adopting a rule, the interstate commission shall,
at a minimum:
(a) Publish the proposed rule's entire text stating the
reason or reasons for that proposed rule;
(b) 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;
(c) Provide an opportunity for an informal hearing if
petitioned by ten or more persons; and
(d) Adopt a final rule and its effective date, if
appropriate, based on input from state or local officials, or
interested parties.
(4) The interstate commission shall allow, not later than
sixty days after a rule is adopted, 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
rule-making record, the court shall hold the rule unlawful and
set it aside. For purposes of this subsection, evidence is
substantial if it would be considered substantial evidence under
the model state administrative procedures act.
(5) 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 that rule to have no further force and effect in
any compacting state.
(6) The existing rules governing the operation of the
interstate compact on juveniles superseded by chapter 180, Laws
of 2003 shall be null and void twelve months after the first
meeting of the interstate commission created under this section.
(7) Upon determination by the interstate commission that a
state of emergency exists, it may adopt an emergency rule that
becomes effective immediately upon adoption. However, the usual
rule-making procedures shall be retroactively applied to the 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
Section 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 noncompacting
states that 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 adopted
under this section 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.
Section 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 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 that are subject to the compact and that may arise among
compacting states and between compacting and noncompacting
states. The commission shall adopt 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
(1) The interstate commission shall pay or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
(2) 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 adopt a rule binding
upon all compacting states that governs the assessment.
(3) The interstate commission shall not incur any
obligations of any kind before 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.
(4) 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.
Pursuant to this compact, the governor shall designate an
individual who shall be the compact administrator and who, acting
jointly with like officers of other party states, shall
promulgate rules and regulations to carry out more effectively
the terms of the compact. The governor shall designate the
compact administrator from a list of six individuals, three of
whom are recommended by the Washington association of juvenile
court administrators and three of whom are recommended by the
juvenile rehabilitation administration of the department of
social and health services. The administrator shall serve
subject to the pleasure of the governor. The administrator shall
cooperate with all departments, agencies, and officers of and in
the government of this state and its subdivisions in facilitating
the proper administration of the compact or of any supplementary
agreement or agreements entered into by this state.
ARTICLE X - Compacting States, Effective Date, and Amendment
(1) Any state, the District of Columbia or its designee, the
Commonwealth of Puerto Rico, the United States 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.
(2) 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 1, 2004, 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 nonmember
states or their designees shall be invited to participate in the
activities of the interstate commission on a nonvoting basis
before adoption of the compact by all states and territories of
the United States.
(3) 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
Section A. Withdrawal
(1) Once effective, the compact shall continue in force and
remain binding upon each and every compacting state. However, a
compacting state may withdraw from the compact by repealing the
statute that 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 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 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.
Section 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 adopted 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 set 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 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 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 interstate commission shall notify the
governor, the chief justice or chief judicial officer, the
majority and minority leaders of the defaulting state's
legislature, and the state council of such termination.
(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.
Section 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 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 attorneys' fees.
Section D. Dissolution of compact
(1) The compact dissolves effective upon the date of the
withdrawal or default of the 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
(1) 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.
(2) The provisions of this compact shall be liberally
construed to effectuate its purposes.
ARTICLE XIII - Binding Effect of Compact and Other Laws
Section A. Other laws
(1) Nothing in this section prevents the enforcement of any
other law of a compacting state that is consistent 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.
Section B. Binding effect of the compact
(1) All lawful actions of the interstate commission,
including all rules and bylaws adopted 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.[2003 c
180 § 1.]
NOTES:
Contingent effective date -- 2003 c 180: "This act takes
effect July 1, 2004, or when the interstate compact for juveniles
is adopted by thirty-five or more states, whichever occurs
later." [2003 c 180 § 4.]