§ 259-MM — Interstate compact for adult offender supervision

New York § 259-MM

• Jurisdiction: New York
• Law EXC: Executive
• Art. 12-B: State Board of Parole

Text

* § 259-mm. Interstate compact for adult offender supervision. The\ninterstate compact for adult offender supervision as set forth in this\nsection is hereby adopted, enacted into law and entered into with all\nother jurisdictions joining therein. The compact shall be as follows:\n INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION\nARTICLE I. Purpose.\nARTICLE II. Definitions.\nARTICLE III. The compact commission.\nARTICLE IV. The state council.\nARTICLE V. Powers and duties of the interstate commission.\nARTICLE VI. Organization and operation of the interstate commission.\nARTICLE VII. Activities of the interstate commission.\nARTICLE VIII. Rulemaking functions of the interstate commission.\nARTICLE IX. Oversight, enforcement and dispute resolution by the\n interstate commission.\nARTICLE X. Finance.\nARTICLE XI. Compacting states, effective date and amendment.\nARTICLE XII. Withdrawal, default, termination and judicial enforcement.\nARTICLE XIII. Severability and construction.\nARTICLE XIV. Binding effect of compact and other laws.\n ARTICLE I\n PURPOSE\n The compacting states to this interstate compact recognize that each\nstate is responsible for the supervision of adult offenders in the\ncommunity who are authorized pursuant to the bylaws and rules of this\ncompact to travel across state lines both to and from each compacting\nstate in such a manner as to track the location of offenders, transfer\nsupervision authority in an orderly and efficient manner, and when\nnecessary return offenders to the originating jurisdictions. The\ncompacting states also recognize that Congress, by enacting the Crime\nControl Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged\ncompacts for cooperative efforts and mutual assistance in the prevention\nof crime. It is the purpose of this compact and the interstate\ncommission created pursuant to this compact, through means of joint and\ncooperative action among the compacting states: to provide the framework\nfor the promotion of public safety and protect the rights of victims\nthrough the control and regulation of the interstate movement of\noffenders in the community; to provide for the effective tracking,\nsupervision and rehabilitation of these offenders by the sending and\nreceiving states; and to equitably distribute the costs, benefits and\nobligations of the compact among the compacting states. In addition,\nthis compact will: create an interstate commission which will establish\nuniform procedures to manage the movement between states of adults\nplaced under community supervision and released to the community under\nthe jurisdiction of courts, paroling authorities, corrections or other\ncriminal justice agencies which will promulgate rules to achieve the\npurpose of this compact; ensure an opportunity for input and timely\nnotice to victims and to jurisdictions where defined offenders are\nauthorized to travel or to relocate across state lines; establish a\nsystem of uniform data collection, access to information on active cases\nby authorized criminal justice officials, and regular reporting of\ncompact activities to heads of state councils, state executive, judicial\nand legislative branches, and criminal justice administrators; monitor\ncompliance with rules governing interstate movement of offenders and\ninitiate interventions to address and correct non-compliance; and\ncoordinate training and education regarding regulations of interstate\nmovement of offenders for officials involved in such activity. The\ncompacting states recognize that there is no "right" of any offender to\nlive in another state and that duly accredited officers of a sending\nstate may at all times enter a receiving state and there apprehend and\nretake any offender under supervision subject to the provisions of this\ncompact and bylaws and rules promulgated thereto. It is the policy of\nthe compacting states that the activities conducted by the interstate\ncommission created by this compact are the formation of public policies\nand are therefore public business.\n ARTICLE II\n DEFINITIONS\n As used in this compact, unless the context clearly requires a\ndifferent construction:\n (a) "Adult" means both individuals legally classified as adults and\njuveniles treated as adults by court order, statute or operation of law.\n (b) "By-laws" means those by-laws established by the interstate\ncommission for its governance, or for directing or controlling the\ninterstate commission's actions or conduct.\n (c) "Compact administrator" means the individual in each compacting\nstate appointed pursuant to the terms of this compact responsible for\nthe administration and management of the state's supervision and\ntransfer of offenders subject to the terms of this compact, the rules\nadopted by the interstate commission and policies adopted by the state\ncouncil under this compact.\n (d) "Compacting state" means any state which has enacted the enabling\nlegislation for this compact.\n (e) "Commissioner" means the voting representative of each compacting\nstate appointed pursuant to article III of this compact.\n (f) "Interstate commission" means the interstate commission for adult\noffender supervision established by this compact.\n (g) "Member" means the commissioner of a compacting state or designee,\nwho shall be a person officially connected with the commissioner.\n (h) "Non-compacting state" means any state which has not enacted the\nenabling legislation for this compact.\n (i) "Offender" means an adult placed under, or subject to, supervision\nas the result of the commission of a criminal offense and released to\nthe community under the jurisdiction of courts, paroling authorities,\ncorrections or other criminal justice agencies.\n (j) "Person" means any individual, corporation, business enterprise or\nother legal entity, either public or private.\n (k) "Rules" means acts of the interstate commission, duly promulgated\npursuant to article VIII of this compact, substantially affecting\ninterested parties in addition to the interstate commission, which shall\nhave the force and effect of law in the compacting states.\n (l) "State" means a state of the United States, the District of\nColumbia and any other territorial possessions of the United States.\n (m) "State council" means the resident members of the state council\nfor interstate adult offender supervision created by each state under\narticle IV of this compact.\n ARTICLE III\n THE COMPACT COMMISSION\n The compacting states hereby create the "interstate commission for\nadult offender supervision". The interstate commission shall be a body\ncorporate and joint agency of the compacting states. The interstate\ncommission shall have all the responsibilities, powers and duties set\nforth in this compact, including the power to sue and be sued, and such\nadditional powers as may be conferred upon it by subsequent action of\nthe respective legislatures of the compacting states in accordance with\nthe terms of this compact.\n The interstate commission shall consist of commissioners selected and\nappointed by resident members of a state council for interstate adult\noffender supervision for each state. In addition to the commissioners\nwho are the voting representatives of each state, the interstate\ncommission shall include individuals who are not commissioners but who\nare members of interested organizations; such non-commissioner members\nmust include a member of the national organizations of governors,\nlegislators, state chief justices, attorneys general and crime victims.\nAll non-commissioner members of the interstate commission shall be\nex-officio (nonvoting) members. The interstate commission may provide in\nits by-laws for such additional, ex-officio, non-voting members as it\ndeems necessary.\n Each compacting state represented at any meeting of the interstate\ncommission is entitled to one vote. A majority of the compacting states\nshall constitute a quorum for the transaction of business, unless a\nlarger quorum is required by the by-laws of the interstate commission.\nThe interstate commission shall meet at least once each calendar year.\nThe chairperson may call additional meetings and, upon the request of\ntwenty-seven or more compacting states, shall call additional meetings.\nPublic notice shall be given of all meetings and meetings shall be open\nto the public.\n The interstate commission shall establish an executive committee which\nshall include commission officers, members and others as shall be\ndetermined by the by-laws. The executive committee shall have the power\nto act on behalf of the interstate commission during periods when the\ninterstate commission is not in session, with the exception of\nrulemaking and/or amendment to the compact. The executive committee\noversees the day-to-day activities managed by the executive director and\ninterstate commission staff; administers enforcement and compliance with\nthe provisions of the compact, its by-laws and as directed by the\ninterstate commission and performs other duties as directed by the\ncommission or set forth in the by-laws.\n ARTICLE IV\n THE STATE COUNCIL\n Each member state shall create a state council for interstate adult\noffender supervision which shall be responsible for the appointment of\nthe commissioner who shall serve on the interstate commission from that\nstate. Each state council shall appoint as its commissioner the compact\nadministrator from that state to serve on the interstate commission in\nsuch capacity under or pursuant to applicable law of the member state.\nWhile each member state may determine the membership of its own state\ncouncil, its membership must include at least one representative from\nthe legislative, judicial and executive branches of government, victims\ngroups and compact administrators. Each compacting state retains the\nright to determine the qualifications of the compact administrator who\nshall be appointed by the state council or by the governor in\nconsultation with the legislature and the judiciary. In addition to\nappointment of its commissioner to the national interstate commission,\neach state council shall exercise oversight and advocacy concerning its\nparticipation in interstate commission activities and other duties as\nmay be determined by each member state including but not limited to,\ndevelopment of policy concerning operations and procedures of the\ncompact within that state. The compact administrator shall be appointed\nby the governor in consultation with the temporary president of the\nsenate, the speaker of the assembly and the chief judge of the court of\nappeals. The state council shall appoint the compact administrator to\nserve on the interstate commission pursuant to this section.\n ARTICLE V\n POWERS AND DUTIES OF THE INTERSTATE COMMISSION\n The interstate commission shall have the following powers:\n (a) to adopt a seal and suitable by-laws governing the management and\noperation of the interstate commission;\n (b) to promulgate rules which shall have the force and effect of\nstatutory law and shall be binding in the compacting states to the\nextent and in the manner provided in this compact;\n (c) to oversee, supervise and coordinate the interstate movement of\noffenders subject to the terms of this compact and any by-laws adopted\nand rules promulgated by the compact commission;\n (d) to enforce compliance with compact provisions, interstate\ncommission rules, and by-laws using all necessary and proper means,\nincluding but not limited to, the use of judicial order;\n (e) to establish and maintain offices;\n (f) to purchase and maintain insurance and bonds;\n (g) to borrow, accept or contract for services of personnel,\nincluding, but not limited to, members and their staffs;\n (h) to establish and appoint committees and hire staff which it deems\nnecessary for the carrying out of its functions including, but not\nlimited to, an executive committee as required by article III of this\ncompact which shall have the power to act on behalf of the interstate\ncommission in carrying out its powers and duties pursuant to this\ncompact;\n (i) to elect or appoint such officers, attorneys, employees, agents or\nconsultants, and to fix their compensation, define their duties and\ndetermine their qualifications; and to establish the interstate\ncommission's personnel policies and programs relating to, among other\nthings, conflicts of interest, rates of compensation and qualifications\nof personnel;\n (j) to accept any and all donations and grants of money, equipment,\nsupplies, materials and services, and to receive, utilize and dispose of\nsame;\n (k) to lease, purchase, accept contributions or donations of, or\notherwise to own, hold, improve or use any property, real, personal or\nmixed;\n (l) to sell, convey, mortgage, pledge, lease, exchange, abandon or\notherwise dispose of any property, real, personal or mixed;\n (m) to establish a budget and make expenditures and levy dues as\nprovided in article X of this compact;\n (n) to sue and be sued;\n (o) to provide for dispute resolution among compacting states;\n (p) to perform such functions as may be necessary or appropriate to\nachieve the purposes of this compact;\n (q) to report annually to the legislatures, governors, judiciary and\nstate councils of the compacting states concerning the activities of the\ninterstate commission during the preceding year. Such reports shall also\ninclude any recommendations that may have been adopted by the interstate\ncommission;\n (r) to coordinate education, training and public awareness regarding\nthe interstate movement of offenders for officials involved in such\nactivity; and\n (s) to establish uniform standards for the reporting, collecting and\nexchanging of data.\n ARTICLE VI\n ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION\n (a) By-laws. The interstate commission shall, by a majority of the\nmembers, within twelve months of the first interstate commission\nmeeting, adopt by-laws to govern its conduct as may be necessary or\nappropriate to carry out the purposes of the compact, including, but not\nlimited to:\n 1. establishing the fiscal year of the interstate commission;\n 2. establishing an executive committee and such other committees as\nmay be necessary;\n 3. providing reasonable standards and procedures:\n a. for the establishment of committees, and\n b. governing any general or specific delegation of any authority or\nfunction of the interstate commission;\n 4. providing reasonable procedures for calling and conducting meetings\nof the interstate commission, and ensuring reasonable notice of each\nsuch meeting;\n 5. establishing the titles and responsibilities of the officers of the\ninterstate commission;\n 6. providing reasonable standards and procedures for the establishment\nof the personnel policies and programs of the interstate commission.\nNotwithstanding any civil service or other similar laws of any\ncompacting state, the by-laws shall exclusively govern the personnel\npolicies and programs of the interstate commission;\n 7. providing a mechanism for winding up the operations of the\ninterstate commission and the equitable return of any surplus funds that\nmay exist upon the termination of the compact after the payment and/or\nreserving of all of its debts and obligations;\n 8. providing transition rules for "start up" administration of the\ncompact; and\n 9. establishing standards and procedures for compliance and technical\nassistance in carrying out the compact.\n (b) Officers and staff. The interstate commission shall, by a majority\nof the members, elect from among its members a chairperson and a vice\nchairperson, each of whom shall have such authorities and duties as may\nbe specified in the by-laws. The chairperson or, in his or her absence\nor disability, the vice chairperson, shall preside at all meetings of\nthe interstate commission. The officers so elected shall serve without\ncompensation or remuneration from the interstate commission; provided\nthat, subject to the availability of budgeted funds, the officers shall\nbe reimbursed for any actual and necessary costs and expenses incurred\nby them in the performance of their duties and responsibilities as\nofficers of the interstate commission.\n The interstate commission shall, through its executive committee,\nappoint or retain an executive director for such period, upon such terms\nand conditions and for such compensation as the interstate commission\nmay deem appropriate. The executive director shall serve as secretary to\nthe interstate commission, and hire and supervise such other staff as\nmay be authorized by the interstate commission, but shall not be a\nmember.\n (c) Corporate records of the interstate commission. The interstate\ncommission shall maintain its corporate books and records in accordance\nwith the by-laws.\n (d) Qualified immunity, defense and indemnification. The members,\nofficers, executive director and employees of the interstate commission\nshall be immune from suit and liability, either personally or in their\nofficial capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability cause or arising out of any\nactual or alleged act, error or omission that occurred within the scope\nof interstate commission employment, duties or responsibilities;\nprovided, that nothing in this subdivision shall be construed to protect\nany such person from suit and/or liability for any damage, loss, injury\nor liability caused by the intentional or willful and wanton misconduct\nof any such person. The interstate commission shall defend the\ncommissioner of a compacting state, or his or her representatives or\nemployees, or the interstate commission's representatives or employees,\nin any civil action seeking to impose liability, arising out of any\nactual or alleged act, error or omission that occurred within the scope\nof interstate commission employment, duties or responsibilities, or that\nthe defendant had a reasonable basis for believing occurred within the\nscope of interstate commission employment, duties or responsibilities;\nprovided, that the actual or alleged act, error or omission did not\nresult from intentional wrongdoing on the part of such person.\n The interstate commission shall indemnify and hold the commissioner of\na compacting state, the appointed designee or employees, or the\ninterstate commission's representatives or employees, harmless in the\namount of any settlement or judgment obtained against such persons\narising out of any actual or alleged act, error or omission that\noccurred within the scope of interstate commission employment, duties or\nresponsibilities, or that such persons had a reasonable basis for\nbelieving occurred within the scope of interstate commission employment,\nduties or responsibilities, provided, that the actual or alleged act,\nerror or omission did not result from gross negligence or intentional\nwrongdoing on the part of such person.\n ARTICLE VII\n ACTIVITIES OF THE INTERSTATE COMMISSION\n The interstate commission shall meet and take such actions as are\nconsistent with the provisions of this compact.\n Except as otherwise provided in this compact and unless a greater\npercentage is required by the by-laws, in order to constitute an act of\nthe interstate commission, such act shall have been taken at a meeting\nof the interstate commission and shall have received an affirmative vote\nof a majority of the members present.\n Each member of the interstate commission shall have the right and\npower to cast a vote to which that compacting state is entitled and to\nparticipate in the business and affairs of the interstate commission. A\nmember shall vote in person on behalf of the state and shall not\ndelegate a vote to another member state. However, a state council shall\nappoint another authorized representative, in the absence of the\ncommissioner from that state, to cast a vote on behalf of the member\nstate at a specified meeting. The by-laws may provide for members'\nparticipation in meetings by telephone or other means of\ntelecommunication or electronic communication. Any voting conducted by\ntelephone, or other means of telecommunication or electronic\ncommunication shall be subject to the same quorum requirements of\nmeetings where members are present in person.\n The interstate commission shall meet at least once during each\ncalendar year. The chairperson of the interstate commission may call\nadditional meetings at any time and, upon the request of a majority of\nthe members, shall call additional meetings.\n The interstate commission's by-laws shall establish conditions and\nprocedures under which the interstate commission shall make its\ninformation and official records available to the public for inspection\nor copying. The interstate commission may exempt from disclosure any\ninformation or official records to the extent they would adversely\naffect personal privacy rights or proprietary interests. In promulgating\nsuch rules, the interstate commission may make available to law\nenforcement agencies records and information otherwise exempt from\ndisclosure, and may enter into agreements with law enforcement agencies\nto receive or exchange information or records subject to nondisclosure\nand confidentiality provisions.\n Public notice shall be given of all meetings and all meetings shall be\nopen to the public, except as set forth in the rules or as otherwise\nprovided in the compact. The interstate commission shall promulgate\nrules consistent with the principles contained in the "Government in\nSunshine Act," 5 U.S.C. Section 552(b), as may be amended. The\ninterstate commission and any of its committees may close a meeting to\nthe public where it determines by a two-thirds vote that an open meeting\nwould be likely to:\n (a) relate solely to the interstate commission's internal personnel\npractices and procedures;\n (b) disclose matters specifically exempted from disclosure by statute;\n (c) disclose trade secrets or commercial or financial information\nwhich is privileged or confidential;\n (d) involve accusing any person of a crime, or formally censuring any\nperson;\n (e) disclose information of a personal nature where disclosure would\nconstitute a clearly unwarranted invasion of personal privacy;\n (f) disclose investigatory records compiled for law enforcement\npurposes;\n (g) disclose information contained in or related to examination,\noperating or condition reports prepared by, or on behalf of or for the\nuse of, the interstate commission with respect to a regulated entity for\nthe purpose of regulation or supervision of such entity;\n (h) disclose information, the premature disclosure of which would\nsignificantly endanger the life of a person or the stability of a\nregulated entity; or\n (i) specifically relate to the interstate commission's issuance of a\nsubpoena, or its participation in a civil action or proceeding.\n For every meeting closed pursuant to this article, the interstate\ncommission's chief legal officer shall publicly certify that, in his or\nher opinion, the meeting may be closed to the public, and shall\nreference each relevant exemptive provision. The interstate commission\nshall keep minutes which shall fully and clearly describe all matters\ndiscussed in any meeting and shall provide a full and accurate summary\nof any actions taken, and the reasons therefor, including a description\nof each of the views expressed on any item and the record of any\nrollcall vote (reflected in the vote of each member on the question).\nAll documents considered in connection with any action shall be\nidentified in such minutes.\n The interstate commission shall collect standardized data concerning\nthe interstate movement of offenders as directed through its by-laws and\nrules which shall specify the data to be collected, the means of\ncollection and data exchange and reporting requirements.\n ARTICLE VIII\n RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION\n The interstate commission shall promulgate rules in order to\neffectively and efficiently achieve the purposes of the compact\nincluding transition rules governing administration of the compact\nduring the period in which it is being considered and enacted by the\nstates.\n Rulemaking shall occur pursuant to the criteria set forth in this\narticle and the by-laws and rules adopted pursuant thereto. Such\nrulemaking shall substantially conform to the principles of the federal\nAdministrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the\nFederal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as\nmay be amended (hereinafter referred to as "APA"). All rules and\namendments shall become binding as of the date specified in each rule or\namendment.\n If a majority of the legislatures of the compacting states rejects a\nrule, by enactment of a statute or resolution in the same manner used to\nadopt the compact, then such rule shall have no further force and effect\nin any compacting state.\n When promulgating a rule, the interstate commission shall:\n (a) publish the proposed rule stating with particularity the text of\nthe rule which is proposed and the reason for the proposed rule;\n (b) allow persons to submit written data, facts, opinions and\narguments, which information shall be publicly available;\n (c) provide an opportunity for an informal hearing; and\n (d) promulgate a final rule and its effective date, if appropriate,\nbased on the rulemaking record.\n Not later than sixty days after a rule is promulgated, any interested\nperson may file a petition in the United States District Court for the\nDistrict of Columbia or in the Federal District Court where the\ninterstate commission principal office is located for judicial review of\nsuch rule. If the court finds that the interstate commission's action is\nnot supported by substantial evidence, (as defined in the APA), in the\nrulemaking record, the court shall hold the rule unlawful and set it\naside. Subjects to be addressed within twelve months after the first\nmeeting must at a minimum include:\n 1. notice to victims and opportunity to be heard;\n 2. offender registration and compliance;\n 3. violations/returns;\n 4. transfer procedures and forms;\n 5. eligibility for transfer;\n 6. collection of restitution and fees from offenders;\n 7. data collection and reporting;\n 8. the level of supervision to be provided by the receiving state;\n 9. transition rules governing the operation of the compact and the\ninterstate commission during all or part of the period between the\neffective date of the compact and the date on which the last eligible\nstate adopts the compact; and\n 10. mediation, arbitration and dispute resolution.\n The existing rules governing the operation of the previous compact\nsuperceded by this compact shall be null and void twelve months after\nthe first meeting of the interstate commission created pursuant to this\ncompact.\n Upon determination by the interstate commission that an emergency\nexists, it may promulgate an emergency rule which shall become effective\nimmediately upon adoption, provided that the usual rulemaking procedures\nprovided hereunder shall be retroactively applied to said rule as soon\nas reasonably possible, in no event later than ninety days after the\neffective date of the rule.\n ARTICLE IX\n OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE\n INTERSTATE COMMISSION\n (a) Oversight. The interstate commission shall oversee the interstate\nmovement of adult offenders in the compacting states and shall monitor\nsuch activities being administered in non-compacting states which may\nsignificantly affect compacting states.\n The courts and executive agencies in each compacting state shall\nenforce this compact and shall take all actions necessary and\nappropriate to effectuate the compact's purposes and intent. In any\njudicial or administrative proceeding in a compacting state pertaining\nto the subject matter of this compact which may affect the powers,\nresponsibilities or actions of the interstate commission, the interstate\ncommission shall be entitled to receive all service of process in any\nsuch proceeding, and shall have standing to intervene in the proceeding\nfor all purposes.\n (b) Dispute resolution. The compacting states shall report to the\ninterstate commission on issues or activities of concern to them, and\ncooperate with and support the interstate commission in the discharge of\nits duties and responsibilities.\n The interstate commission shall attempt to resolve any disputes or\nother issues which are subject to the compact and which may arise among\ncompacting states and non-compacting states.\n The interstate commission shall enact a by-law or promulgate a rule\nproviding for both mediation and binding dispute resolution for disputes\namong the compacting states.\n (c) Enforcement. The interstate commission, in the reasonable exercise\nof its discretion, shall enforce the provisions of this compact using\nany or all means set forth in article XII, subdivision (b), of this\ncompact.\n ARTICLE X\n FINANCE\n The interstate commission shall pay or provide for the payment of the\nreasonable expenses of its establishment, organization and ongoing\nactivities.\n The interstate commission shall levy on and collect an annual\nassessment from each compacting state to cover the cost of the internal\noperations and activities of the interstate commission and its staff\nwhich must be in a total amount sufficient to cover the interstate\ncommission's annual budget as approved each year. The aggregate annual\nassessment amount shall be allocated based upon a formula to be\ndetermined by the interstate commission, taking into consideration the\npopulation of the state and the volume of interstate movement of\noffenders in each compacting state and shall promulgate a rule binding\nupon compacting states which governs said assessment.\n The interstate commission shall not incur any obligations of any kind\nprior to securing the funds adequate to meet the same; nor shall the\ninterstate commission pledge the credit of any of the compacting states,\nexcept by and with the authority of the compacting state.\n The interstate commission shall keep accurate accounts of all receipts\nand disbursements. The receipts and disbursements of the interstate\ncommission shall be subject to the audit and accounting procedures\nestablished under its by-laws. However, all receipts and disbursements\nof funds handled by the interstate commission shall be audited yearly by\na certified or licensed public accountant and the report of the audit\nshall be included in and become part of the annual report of the\ninterstate commission.\n ARTICLE XI\n COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT\n Any state, as defined in article II of this compact, is eligible to\nbecome a compacting state. The compact shall become effective and\nbinding upon legislative enactment of the compact into law by no less\nthan thirty-five of the states. The initial effective date shall be the\nlater of July first, two thousand three, or upon enactment into law by\nthe thirty-fifth jurisdiction. Thereafter it shall become effective and\nbinding, as to any other compacting state and in the state of New York,\nupon enactment of the compact into law by that state. The governors of\nnon-member states or their designees will be invited to participate in\ninterstate commission activities on a non-voting basis prior to adoption\nof the compact by all states and territories of the United States.\n Amendments to the compact may be proposed by the interstate commission\nfor enactment by the compacting states. No amendment shall become\neffective and binding upon the interstate commission and the compacting\nstates unless and until it is enacted into law by unanimous consent of\nthe compacting states.\n ARTICLE XII\n WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT\n (a) Withdrawal. Once effective, the compact shall continue in force\nand remain binding upon each and every compacting state; provided, that\na compacting state may withdraw from the compact ("withdrawing state")\nby enacting a statute specifically repealing the statute which enacted\nthe compact into law.\n The effective date of withdrawal is the effective date of the repeal.\n The withdrawing state shall immediately notify the chairperson of the\ninterstate commission in writing upon the introduction of legislation\nrepealing this compact in the withdrawing state. The interstate\ncommission shall notify the other compacting states of the withdrawing\nstate's intent to withdraw within sixty days of its receipt thereof.\n The withdrawing state is responsible for all assessments, obligations\nand liabilities incurred through the effective date of withdrawal,\nincluding any obligations, the performance of which extend beyond the\neffective date of withdrawal. Reinstatement following withdrawal of any\ncompacting state shall occur upon the withdrawing state reenacting the\ncompact or upon such later date as determined by the interstate\ncommission.\n (b) Default. If the interstate commission determines that any\ncompacting state has at any time defaulted ("defaulting state") in the\nperformance of any of its obligations or responsibilities under this\ncompact, the by-laws or any duly promulgated rules the interstate\ncommission may impose any or all of the following penalties:\n 1. Fines, fees and costs in such amounts as are deemed to be\nreasonable as fixed by the interstate commission;\n 2. Remedial training and technical assistance as directed by the\ninterstate commission;\n 3. Suspension and termination of membership in the compact. Suspension\nshall be imposed only after all other reasonable means of securing\ncompliance under the by-laws and rules have been exhausted. Immediate\nnotice of suspension shall be given by the interstate commission to the\ngovernor, the chief justice or chief judicial officer of the state, the\nmajority and minority leaders of the defaulting state's legislature, and\nthe state council.\n The grounds for default include, but are not limited to, failure of a\ncompacting state to perform such obligations or responsibilities imposed\nupon it by this compact, interstate commission by-laws, or duly\npromulgated rules. The interstate commission shall immediately notify\nthe defaulting state in writing of the penalty imposed by the interstate\ncommission on the defaulting state pending a cure of the default. The\ninterstate commission shall stipulate the conditions and the time period\nwithin which the defaulting state must cure its default. If the\ndefaulting state fails to cure the default within the time period\nspecified by the interstate commission, in addition to any other\npenalties imposed herein, the defaulting state may be terminated from\nthe compact upon an affirmative vote of a majority of the compacting\nstates and all rights, privileges and benefits conferred by this compact\nshall be terminated from the effective date of suspension. Within sixty\ndays of the effective date of termination of a defaulting state, the\ninterstate commission shall notify the governor, the chief justice or\nchief judicial officer, the majority and minority leaders of the\ndefaulting state's legislature, and the state council of such\ntermination.\n The defaulting state is responsible for all assessments, obligations\nand liabilities incurred through the effective date of termination\nincluding any obligations, the performance of which extends beyond the\neffective date of termination.\n The interstate commission shall not bear any costs relating to the\ndefaulting state unless otherwise mutually agreed upon between the\ninterstate commission and the defaulting state.\n Reinstatement following termination of any compacting state requires\nboth a reenactment of the compact by the defaulting state and the\napproval of the interstate commission pursuant to the rules.\n (c) Judicial enforcement. The interstate commission may, by majority\nvote of the members, initiate legal action in the United States District\nCourt for the District of Columbia or, at the discretion of the\ninterstate commission, in the federal district where the interstate\ncommission has its offices to enforce compliance with the provisions of\nthe compact, its duly promulgated rules and by-laws, against any\ncompacting state in default. In the event judicial enforcement is\nnecessary the prevailing party shall be awarded all costs of such\nlitigation including reasonable attorneys' fees.\n (d) Dissolution of compact. The compact dissolves effective upon the\ndate of the withdrawal or default of the compacting state which reduces\nmembership in the compact to one compacting state.\n Upon the dissolution of this compact, the compact becomes null and\nvoid and shall be of no further force or effect, and the business and\naffairs of the interstate commission shall be wound up and any surplus\nfunds shall be distributed in accordance with the by-laws.\n ARTICLE XIII\n SEVERABILITY AND CONSTRUCTION\n The provisions of this compact shall be severable, and if any phrase,\nclause, sentence or provision is deemed unenforceable, the remaining\nprovisions of the compact shall be enforceable.\n The provisions of this compact shall be liberally constructed to\neffectuate its purposes.\n ARTICLE XIV\n BINDING EFFECT OF COMPACT AND OTHER LAWS\n (a) Other laws. Nothing in this compact prevents the enforcement of\nany other law of a compacting state that is not inconsistent with this\ncompact.\n All compacting states' laws conflicting with this compact are\nsuperseded to the extent of the conflict.\n (b) Binding effect of the compact. All lawful actions of the\ninterstate commission, including all rules and by-laws promulgated by\nthe interstate commission, are binding upon the compacting states.\n All agreements between the interstate commission and the compacting\nstates are binding in accordance with their terms.\n Upon the request of a party to a conflict over meaning or\ninterpretation of interstate commission actions, and upon a majority\nvote of the compacting states, the interstate commission may issue\nadvisory opinions regarding such meaning or interpretation.\n In the event any provision of this compact exceeds the constitutional\nlimits imposed on the legislature of any compacting state, the\nobligations, duties, powers or jurisdiction sought to be conferred by\nsuch provision upon the interstate commission shall be ineffective and\nsuch obligations, duties, powers or jurisdiction shall remain in the\ncompacting state and shall be exercised by the agency thereof to which\nsuch obligations, duties, powers or jurisdiction are delegated by law in\neffect at the time this compact becomes effective.\n * NB Repealed September 1, 2027\n