§ 43-1011 — Interstate Compact for Juveniles

Nebraska § 43-1011

• Jurisdiction: Nebraska
• Ch. 43: Infants and Juveniles

Text

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 therefor 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:
(1) Accused Delinquent — a person charged with an
offense that, if committed by an adult, would be a criminal offense;
(2) Adjudicated Delinquent
— a person found to have committed an offense that, if committed by an adult,
would be a criminal offense;
(3) Accused Status Offender — a person charged with
an offense that would not be a criminal offense if committed by an adult;
(4) Adjudicated Status
Offender — a person found to have committed an offense that would not be a
criminal offense if committed by an adult; and
(5) Nonoffender — a person in need
of supervision who has not been accused or adjudicated a status offender or
delinquent.
I.
"Noncompacting 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 practice 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.
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 Mariana 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 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 ex officio (nonvoting) members.
The Interstate Commission may provide in its bylaws for such additional ex
officio (nonvoting) 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; administers enforcement and compliance
with the provisions of the compact, its bylaws and rules, and performs 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:
1. To provide for dispute resolution among compacting
states.
2.
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.
3.
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.
4. 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.
5.
To establish and maintain offices which shall be located within one or more
of the compacting states.
6.
To purchase and maintain insurance and bonds.
7. To borrow, accept, hire or contract
for services of personnel.
8. 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 which
shall have the power to act on behalf of the Interstate Commission in carrying
out its powers and duties hereunder.
9. 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.
10. To accept any and
all donations and grants of money, equipment, supplies, materials, and services,
and to receive, utilize, and dispose of it.
11. To lease, purchase, accept contributions or donations
of, or otherwise to own, hold, improve or use any property, real, personal,
or mixed.
12.
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal or mixed.
13. To establish a budget and make
expenditures and levy dues as provided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and
bylaws governing the management and operation of the Interstate Commission.
16. To perform such functions
as may be necessary or appropriate to achieve the purposes of this compact.
17. 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.
18. To coordinate education, training and public awareness
regarding the interstate movement of juveniles for officials involved in such
activity.
19.
To establish uniform standards of the reporting, collecting and exchanging
of data.
20.
The Interstate Commission shall maintain its corporate books and records in
accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
1. 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. Provide 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 "startup" rules for initial administration
of the compact; and
h.
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 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.
Section C. Qualified Immunity, Defense
and Indemnification
1.
The 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 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 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, 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 act, as the Interstate
Commission deems appropriate consistent with due process requirements under
the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme
Court. All rules and amendments shall become binding as of the date specified,
as published with the final version of the rule as approved by the Commission.
C. When promulgating
a rule, the Interstate Commission shall, at a minimum:
1. publish the proposed
rule's entire text stating the reason(s) 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 (10) or more persons; and
4. promulgate a final
rule and its effective date, if appropriate, based on input from state or
local officials, or interested parties.
D. 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 subsection,
evidence is substantial if it would be considered substantial evidence under
the Model State Administrative Procedures Act.
E. 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 such rule shall have no further force and effect in any compacting state.
F. The existing rules
governing the operation of the Interstate Compact on Juveniles superceded
by this compact shall be null and void twelve (12) months after the first
meeting of the Interstate Commission created hereunder.
G. 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 (90) 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 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.
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 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 noncompacting 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 Mariana 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 35 of the
states. The initial effective date shall be the later of July 1, 2004, or
upon enactment into law by the 35th 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 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
Section 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.
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 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 therefor 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.
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 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.
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
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
Section
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.
Section 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.

Legislative History

Source: Laws 2009, LB237, § 1. Cross References: Interstate Compact for Adult Offender Supervision, see section 29-2639. Interstate Compact for the Placement of Children, see section 43-1103.