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| AN ACT concerning juveniles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Interstate Compact for Juveniles Act of 2008. |
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| Section 5. Purposes. |
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| (a) The interstate compact on juveniles was established in |
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| 1955 and is the compact addressing the needs of juveniles |
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| within the juvenile justice system who move between states and |
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| has not been sufficiently updated in its more than 50-year |
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| existence. |
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| (b) This compact is the only vehicle for the interstate |
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| supervision of juvenile offenders, the return of absconders and |
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| escapees, and runaways. |
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| (c) The complexities of the compact have become more |
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| difficult to administer, and many jurisdictions have expanded |
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| supervision expectations to include currently unregulated |
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| practices such as victim input, victim notification |
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| requirements, and sex offender registration, and age-related |
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| issues. |
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| (d) After the successful adoption 4 years ago of a new |
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| interstate compact for adult offenders, the need for an updated |
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| compact for juveniles became apparent. |
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| (e) After exhaustive research and a detailed study, the |
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| Office of Juvenile Justice and Delinquency Prevention and the |
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| Council of State Governments has recommended that the following |
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| compact be adopted by each state and territory in the United |
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| States, to better address public safety, enforcement, |
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| accountability, and communications among the states. |
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| (f) The National District Attorneys Association, the |
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| National Center for Missing and Exploited Children, the |
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| National Juvenile Detention Association all join with the |
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| Office of Juvenile Justice and Delinquency Prevention and the |
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| Council of State Governments to recommend the adoption of this |
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| interstate compact.
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| Section 10. Interstate Compact for Juveniles. The Governor |
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| is hereby authorized to enter into a compact on behalf of this |
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| State with any of the United States legally joining therein in |
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| the form substantially as follows: |
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| THE INTERSTATE COMPACT FOR JUVENILES |
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| ARTICLE I |
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| PURPOSE |
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| The compacting states to this Interstate Compact recognize |
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| that each state is responsible for the proper supervision or |
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| return of juveniles, delinquents and status offenders who are |
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| on probation or parole and who have absconded, escaped or run |
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| away from supervision and control and in so doing have |
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| endangered their own safety and the safety of others. The |
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LRB095 19866 RLC 46265 b |
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| compacting states also recognize that each state is responsible |
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| for the safe return of juveniles who have run away from home |
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| and in doing so have left their state of residence. The |
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| compacting states also recognize that Congress, by enacting the |
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| Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized |
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| and encouraged compacts for cooperative efforts and mutual |
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| assistance in the prevention of crime. |
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| It is the purpose of this compact, through means of joint |
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| and cooperative action among the compacting states to: (A) |
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| ensure that the adjudicated juveniles and status offenders |
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| subject to this compact are provided adequate supervision and |
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| services in the receiving state as ordered by the adjudicating |
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| judge or parole authority in the sending state; (B) ensure that |
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| the public safety interests of the citizens, including the |
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| victims of juvenile offenders, in both the sending and |
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| receiving states are adequately protected; (C) return |
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| juveniles who have run away, absconded or escaped from |
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| supervision or control or have been accused of an offense to |
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| the state requesting their return; (D) make contracts for the |
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| cooperative institutionalization in public facilities in |
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| member states for delinquent youth needing special services; |
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| (E) provide for the effective tracking and supervision of |
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| juveniles; (F) equitably allocate the costs, benefits and |
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| obligations of the compacting states; (G) establish procedures |
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| to manage the movement between states of juvenile offenders |
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| released to the community under the jurisdiction of courts, |
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| juvenile departments, or any other criminal or juvenile justice |
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| agency which has jurisdiction over juvenile offenders; (H) |
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| insure immediate notice to jurisdictions where defined |
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| offenders are authorized to travel or to relocate across state |
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| lines; (I) establish procedures to resolve pending charges |
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| (detainers) against juvenile offenders prior to transfer or |
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| release to the community under the terms of this compact; (J) |
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| establish a system of uniform data collection on information |
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| pertaining to juveniles subject to this compact that allows |
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| access by authorized juvenile justice and criminal justice |
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| officials, and regular reporting of Compact activities to heads |
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| of state executive, judicial, and legislative branches and |
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| juvenile and criminal justice administrators; (K) monitor |
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| compliance with rules governing interstate movement of |
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| juveniles and initiate interventions to address and correct |
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| non-compliance; (L) coordinate training and education |
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| regarding the regulation of interstate movement of juveniles |
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| for officials involved in such activity; and (M) coordinate the |
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| implementation and operation of the compact with the Interstate |
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| Compact for the Placement of Children, the Interstate Compact |
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| for Adult Offender Supervision and other compacts affecting |
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| juveniles particularly in those cases where concurrent or |
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| overlapping supervision issues arise. It is the policy of the |
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| compacting states that the activities conducted by the |
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| Interstate Commission created herein are the formation of |
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| public policies and therefore are public business. |
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| Furthermore, the compacting states shall cooperate and observe |
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| their individual and collective duties and responsibilities |
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| for the prompt return and acceptance of juveniles subject to |
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| the provisions of this compact. The provisions of this compact |
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| shall be reasonably and liberally construed to accomplish the |
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| purposes and policies of the compact. |
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| ARTICLE II |
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| DEFINITIONS |
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| As used in this compact, unless the context clearly |
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| requires a different construction: |
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| A. "By-laws" means: those by-laws established by the |
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| Interstate Commission for its governance, or for directing or |
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| controlling its actions or conduct. |
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| B. "Compact Administrator" means: the individual in each |
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| compacting state appointed pursuant to the terms of this |
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| compact, responsible for the administration and management of |
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| the state's supervision and transfer of juveniles subject to |
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| the terms of this compact, the rules adopted by the Interstate |
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| Commission and policies adopted by the State Council under this |
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| compact. |
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| C. "Compacting State" means: any state which has enacted |
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| the enabling legislation for this compact. |
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| D. "Commissioner" means: the voting representative of each |
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| compacting state appointed pursuant to Article III of this |
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| compact. |
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| E. "Court" means: any court having jurisdiction over |
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| delinquent, neglected, or dependent children. |
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| F. "Deputy Compact Administrator" means: the individual, |
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| if any, in each compacting state appointed to act on behalf of |
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| a Compact Administrator pursuant to the terms of this compact |
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| responsible for the administration and management of the |
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| state's supervision and transfer of juveniles subject to the |
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| terms of this compact, the rules adopted by the Interstate |
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| Commission and policies adopted by the State Council under this |
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| compact. |
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| G. "Interstate Commission" means: the Interstate |
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| Commission for Juveniles created by Article III of this |
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| compact. |
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| H. "Juvenile" means: any person defined as a juvenile in |
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| any member state or by the rules of the Interstate Commission, |
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| including: |
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| (1) Accused Delinquent - a person charged with an |
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| offense that, if committed by an adult, would be a criminal |
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| offense; |
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| (2) Adjudicated Delinquent - a person found to have |
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| committed an offense that, if committed by an adult, would |
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| be a criminal offense; |
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| (3) Accused Status Offender - a person charged with an |
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| offense that would not be a criminal offense if committed |
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| by an adult; |
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| (4) Adjudicated Status Offender - a person found to |
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| have committed an offense that would not be a criminal |
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| offense if committed by an adult; and |
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| (5) Non-Offender - a person in need of supervision who |
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| has not been accused or adjudicated a status offender or |
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| delinquent. |
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| I. "Non-Compacting state" means: any state which has not |
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| enacted the enabling legislation for this compact. |
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| J. "Probation or Parole" means: any kind of supervision or |
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| conditional release of juveniles authorized under the laws of |
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| the compacting states. |
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| K. "Rule" means: a written statement by the Interstate |
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| Commission promulgated pursuant to Article VI of this compact |
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| that is of general applicability, implements, interprets or |
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| prescribes a policy or provision of the Compact, or an |
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| organizational, procedural, or practice requirement of the |
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| Commission, and has the force and effect of statutory law in a |
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| compacting state, and includes the amendment, repeal, or |
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| suspension of an existing rule. |
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| L. "State" means: a state of the United States, the |
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| District of Columbia (or its designee), the Commonwealth of |
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| Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and |
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| the Northern Marianas Islands. |
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| ARTICLE III |
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| INTERSTATE COMMISSION FOR JUVENILES |
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| A. The compacting states hereby create the "Interstate |
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| Commission for Juveniles." The commission shall be a body |
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| corporate and joint agency of the compacting states. The |
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| commission shall have all the responsibilities, powers and |
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| duties set forth herein, and such additional powers as may be |
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| conferred upon it by subsequent action of the respective |
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| legislatures of the compacting states in accordance with the |
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| terms of this compact. |
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| B. The Interstate Commission shall consist of |
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| commissioners appointed by the appropriate appointing |
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| authority in each state pursuant to the rules and requirements |
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| of each compacting state and in consultation with the State |
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| Council for Interstate Juvenile Supervision created hereunder. |
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| The commissioner shall be the compact administrator, deputy |
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| compact administrator or designee from that state who shall |
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| serve on the Interstate Commission in such capacity under or |
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| pursuant to the applicable law of the compacting state. |
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| C. In addition to the commissioners who are the voting |
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| representatives of each state, the Interstate Commission shall |
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| include individuals who are not commissioners, but who are |
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| members of interested organizations. Such non-commissioner |
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| members must include a member of the national organizations of |
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| governors, legislators, state chief justices, attorneys |
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| general, Interstate Compact for Adult Offender Supervision, |
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| Interstate Compact for the Placement of Children, juvenile |
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| justice and juvenile corrections officials, and crime victims. |
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| All non-commissioner members of the Interstate Commission |
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| shall be ex-officio (non-voting) members. The Interstate |
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| Commission may provide in its by-laws for such additional |
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| ex-officio (non-voting) members, including members of other |
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| national organizations, in such numbers as shall be determined |
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| by the commission. |
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| D. Each compacting state represented at any meeting of the |
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| commission is entitled to one vote. A majority of the |
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| compacting states shall constitute a quorum for the transaction |
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| of business, unless a larger quorum is required by the by-laws |
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| of the Interstate Commission. |
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| E. The commission shall meet at least once each calendar |
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| year. The chairperson may call additional meetings and, upon |
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| the request of a simple majority of the compacting states, |
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| shall call additional meetings. Public notice shall be given of |
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| all meetings and meetings shall be open to the public. |
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| F. The Interstate Commission shall establish an executive |
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| committee, which shall include commission officers, members, |
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| and others as determined by the by-laws. The executive |
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| committee shall have the power to act on behalf of the |
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| Interstate Commission during periods when the Interstate |
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| Commission is not in session, with the exception of rulemaking |
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| and/or amendment to the compact. The executive committee shall |
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| oversee the day-to-day activities of the administration of the |
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| compact managed by an executive director and Interstate |
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| Commission staff; administers enforcement and compliance with |
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| the provisions of the compact, its by-laws and rules, and |
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| performs such other duties as directed by the Interstate |
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| Commission or set forth in the by-laws. |
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| G. Each member of the Interstate Commission shall have the |
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| right and power to cast a vote to which that compacting state |
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| is entitled and to participate in the business and affairs of |
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| the Interstate Commission. A member shall vote in person and |
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| shall not delegate a vote to another compacting state. However, |
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| a commissioner, in consultation with the state council, shall |
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| appoint another authorized representative, in the absence of |
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| the commissioner from that state, to cast a vote on behalf of |
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| the compacting state at a specified meeting. The by-laws may |
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| provide for members' participation in meetings by telephone or |
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| other means of telecommunication or electronic communication. |
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| H. The Interstate Commission's by-laws shall establish |
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| conditions and procedures under which the Interstate |
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| Commission shall make its information and official records |
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| available to the public for inspection or copying. The |
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| Interstate Commission may exempt from disclosure any |
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| information or official records to the extent they would |
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| adversely affect personal privacy rights or proprietary |
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| interests. |
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| I. Public notice shall be given of all meetings and all |
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| meetings shall be open to the public, except as set forth in |
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| the Rules or as otherwise provided in the Compact. The |
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| Interstate Commission and any of its committees may close a |
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| meeting to the public where it determines by two-thirds vote |
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| that an open meeting would be likely to: |
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| 1. Relate solely to the Interstate Commission's |
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| internal personnel practices and procedures; |
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| 2. Disclose matters specifically exempted from |
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| disclosure by statute; |
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| 3. Disclose trade secrets or commercial or financial |
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| information which is privileged or confidential; |
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| 4. Involve accusing any person of a crime, or formally |
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| censuring any person; |
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| 5. Disclose information of a personal nature where |
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| disclosure would constitute a clearly unwarranted invasion |
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| of personal privacy; |
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| 6. Disclose investigative records compiled for law |
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| enforcement purposes; |
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| 7. Disclose information contained in or related to |
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| examination, operating or condition reports prepared by, |
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| or on behalf of or for the use of, the Interstate |
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| Commission with respect to a regulated person or entity for |
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| the purpose of regulation or supervision of such person or |
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| entity; |
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| 8. Disclose information, the premature disclosure of |
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| which would significantly endanger the stability of a |
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| regulated person or entity; or |
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| 9. Specifically relate to the Interstate Commission's |
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| issuance of a subpoena, or its participation in a civil |
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| action or other legal proceeding. |
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| J. For every meeting closed pursuant to this provision, the |
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| Interstate Commission's legal counsel shall publicly certify |
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| that, in the legal counsel's opinion, the meeting may be closed |
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| to the public, and shall reference each relevant exemptive |
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| provision. The Interstate Commission shall keep minutes which |
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| shall fully and clearly describe all matters discussed in any |
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| meeting and shall provide a full and accurate summary of any |
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| actions taken, and the reasons therefore, including a |
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| description of each of the views expressed on any item and the |
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| record of any roll call vote (reflected in the vote of each |
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| member on the question). All documents considered in connection |
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| with any action shall be identified in such minutes. |
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| K. The Interstate Commission shall collect standardized |
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| data concerning the interstate movement of juveniles as |
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| directed through its rules which shall specify the data to be |
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| collected, the means of collection and data exchange and |
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| reporting requirements. Such methods of data collection, |
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| exchange and reporting shall insofar as is reasonably possible |
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| conform to up-to-date technology and coordinate its |
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| information functions with the appropriate repository of |
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| records. |
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| ARTICLE IV |
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| POWERS AND DUTIES OF THE INTERSTATE COMMISSION |
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| The commission shall have the following powers and duties: |
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| 1. To provide for dispute resolution among compacting |
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| states. |
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| 2. To promulgate rules to effect the purposes and |
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| obligations as enumerated in this compact, which shall have the |
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| force and effect of statutory law and shall be binding in the |
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| compacting states to the extent and in the manner provided in |
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| this compact. |
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| 3. To oversee, supervise and coordinate the interstate |
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| movement of juveniles subject to the terms of this compact and |
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| any by-laws adopted and rules promulgated by the Interstate |
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| Commission. |
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| 4. To enforce compliance with the compact provisions, the |
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| rules promulgated by the Interstate Commission, and the |
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| by-laws, using all necessary and proper means, including but |
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| not limited to the use of judicial process. |
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| 5. To establish and maintain offices which shall be located |
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| within one or more of the compacting states. |
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| 6. To purchase and maintain insurance and bonds. |
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| 7. To borrow, accept, hire or contract for services of |
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| personnel. |
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| 8. To establish and appoint committees and hire staff which |
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| it deems necessary for the carrying out of its functions |
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| including, but not limited to, an executive committee as |
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| required by Article III which shall have the power to act on |
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| behalf of the Interstate Commission in carrying out its powers |
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| and duties hereunder. |
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| 9. To elect or appoint such officers, attorneys, employees, |
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| agents, or consultants, and to fix their compensation, define |
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| their duties and determine their qualifications; and to |
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| establish the Interstate Commission's personnel policies and |
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| programs relating to, inter alia, conflicts of interest, rates |
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| of compensation, and qualifications of personnel. |
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| 10. To accept any and all donations and grants of money, |
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| equipment, supplies, materials, and services, and to receive, |
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| utilize, and dispose of it. |
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| 11. To lease, purchase, accept contributions or donations |
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| of, or otherwise to own, hold, improve or use any property, |
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| real, personal, or mixed. |
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| 12. To sell, convey, mortgage, pledge, lease, exchange, |
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| abandon, or otherwise dispose of any property, real, personal |
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| or mixed. |
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| 13. To establish a budget and make expenditures and levy |
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| dues as provided in Article VIII of this compact. |
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| 14. To sue and be sued. |
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| 15. To adopt a seal and by-laws governing the management |
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| and operation of the Interstate Commission. |
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| 16. To perform such functions as may be necessary or |
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| appropriate to achieve the purposes of this compact. |
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| 17. To report annually to the legislatures, governors, |
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| judiciary, and state councils of the compacting states |
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| concerning the activities of the Interstate Commission during |
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| the preceding year. Such reports shall also include any |
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| recommendations that may have been adopted by the Interstate |
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| Commission. |
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| 18. To coordinate education, training and public awareness |
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| regarding the interstate movement of juveniles for officials |
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| involved in such activity. |
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| 19. To establish uniform standards of the reporting, |
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| collecting and exchanging of data. |
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| 20. The Interstate Commission shall maintain its corporate |
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| books and records in accordance with the By-laws. |
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| ARTICLE V |
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| ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION |
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| Section A. By-laws |
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| 1. The Interstate Commission shall, by a majority of the |
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| members present and voting, within twelve months after the |
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| first Interstate Commission meeting, adopt by-laws to govern |
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| its conduct as may be necessary or appropriate to carry out the |
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| purposes of the compact, including, but not limited to: |
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| a. Establishing the fiscal year of the Interstate |
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| Commission; |
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| b. Establishing an executive committee and such other |
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| committees as may be necessary; |
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| c. Provide for the establishment of committees |
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| governing any general or specific delegation of any |
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| authority or function of the Interstate Commission; |
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| d. Providing reasonable procedures for calling and |
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| conducting meetings of the Interstate Commission, and |
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| ensuring reasonable notice of each such meeting; |
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| e. Establishing the titles and responsibilities of the |
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| officers of the Interstate Commission; |
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| f. Providing a mechanism for concluding the operations |
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| of the Interstate Commission and the return of any surplus |
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| funds that may exist upon the termination of the Compact |
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| after the payment and/or reserving of all of its debts and |
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| obligations. |
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| g. Providing "start-up" rules for initial |
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| administration of the compact; and |
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| h. Establishing standards and procedures for |
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| compliance and technical assistance in carrying out the |
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| compact. |
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| Section B. Officers and Staff |
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| 1. The Interstate Commission shall, by a majority of the |
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| members, elect annually from among its members a chairperson |
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| and a vice chairperson, each of whom shall have such authority |
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| and duties as may be specified in the by-laws. The chairperson |
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| or, in the chairperson's absence or disability, the |
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| vice-chairperson shall preside at all meetings of the |
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| Interstate Commission. The officers so elected shall serve |
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| without compensation or remuneration from the Interstate |
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| Commission; provided that, subject to the availability of |
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| budgeted funds, the officers shall be reimbursed for any |
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| ordinary and necessary costs and expenses incurred by them in |
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| the performance of their duties and responsibilities as |
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| officers of the Interstate Commission. |
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| 2. The Interstate Commission shall, through its executive |
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| committee, appoint or retain an executive director for such |
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| period, upon such terms and conditions and for such |
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| compensation as the Interstate Commission may deem |
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| appropriate. The executive director shall serve as secretary to |
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| the Interstate Commission, but shall not be a Member and shall |
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| hire and supervise such other staff as may be authorized by the |
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| Interstate Commission. |
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| Section C. Qualified Immunity, Defense and Indemnification |
7 |
| 1. The Commission's executive director and employees shall |
8 |
| be immune from suit and liability, either personally or in |
9 |
| their official capacity, for any claim for damage to or loss of |
10 |
| property or personal injury or other civil liability caused or |
11 |
| arising out of or relating to any actual or alleged act, error, |
12 |
| or omission that occurred, or that such person had a reasonable |
13 |
| basis for believing occurred within the scope of Commission |
14 |
| employment, duties, or responsibilities; provided, that any |
15 |
| such person shall not be protected from suit or liability for |
16 |
| any damage, loss, injury, or liability caused by the |
17 |
| intentional or willful and wanton misconduct of any such |
18 |
| person. |
19 |
| 2. The liability of any commissioner, or the employee or |
20 |
| agent of a commissioner, acting within the scope of such |
21 |
| person's employment or duties for acts, errors, or omissions |
22 |
| occurring within such person's state may not exceed the limits |
23 |
| of liability set forth under the Constitution and laws of that |
24 |
| state for state officials, employees, and agents. Nothing in |
25 |
| this subsection shall be construed to protect any such person |
26 |
| from suit or liability for any damage, loss, injury, or |
|
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SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| liability caused by the intentional or willful and wanton |
2 |
| misconduct of any such person. |
3 |
| 3. The Interstate Commission shall defend the executive |
4 |
| director or the employees or representatives of the Interstate |
5 |
| Commission and, subject to the approval of the Attorney General |
6 |
| of the state represented by any commissioner of a compacting |
7 |
| state, shall defend such commissioner or the commissioner's |
8 |
| representatives or employees in any civil action seeking to |
9 |
| impose liability arising out of any actual or alleged act, |
10 |
| error or omission that occurred within the scope of Interstate |
11 |
| Commission employment, duties or responsibilities, or that the |
12 |
| defendant had a reasonable basis for believing occurred within |
13 |
| the scope of Interstate Commission employment, duties, or |
14 |
| responsibilities, provided that the actual or alleged act, |
15 |
| error, or omission did not result from intentional or willful |
16 |
| and wanton misconduct on the part of such person. |
17 |
| 4. The Interstate Commission shall indemnify and hold the |
18 |
| commissioner of a compacting state, or the commissioner's |
19 |
| representatives or employees, or the Interstate Commission's |
20 |
| representatives or employees, harmless in the amount of any |
21 |
| settlement or judgment obtained against such persons arising |
22 |
| out of any actual or alleged act, error, or omission that |
23 |
| occurred within the scope of Interstate Commission employment, |
24 |
| duties, or responsibilities, or that such persons had a |
25 |
| reasonable basis for believing occurred within the scope of |
26 |
| Interstate Commission employment, duties, or responsibilities, |
|
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|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| provided that the actual or alleged act, error, or omission did |
2 |
| not result from intentional or willful and wanton misconduct on |
3 |
| the part of such persons. |
4 |
| ARTICLE VI |
5 |
| RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION |
6 |
| A. The Interstate Commission shall promulgate and publish |
7 |
| rules in order to effectively and efficiently achieve the |
8 |
| purposes of the compact. |
9 |
| B. Rulemaking shall occur pursuant to the criteria set |
10 |
| forth in this article and the by-laws and rules adopted |
11 |
| pursuant thereto. Such rulemaking shall substantially conform |
12 |
| to the principles of the "Model State Administrative Procedures |
13 |
| Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or |
14 |
| such other administrative procedures act, as the Interstate |
15 |
| Commission deems appropriate consistent with due process |
16 |
| requirements under the U.S. Constitution as now or hereafter |
17 |
| interpreted by the U. S. Supreme Court. All rules and |
18 |
| amendments shall become binding as of the date specified, as |
19 |
| published with the final version of the rule as approved by the |
20 |
| Commission. |
21 |
| C. When promulgating a rule, the Interstate Commission |
22 |
| shall, at a minimum: |
23 |
| 1. publish the proposed rule's entire text stating the |
24 |
| reason(s) for that proposed rule; |
25 |
| 2. allow and invite any and all persons to submit |
26 |
| written data, facts, opinions and arguments, which |
|
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SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| information shall be added to the record, and be made |
2 |
| publicly available; |
3 |
| 3. provide an opportunity for an informal hearing if |
4 |
| petitioned by ten (10) or more persons; and |
5 |
| 4. promulgate a final rule and its effective date, if |
6 |
| appropriate, based on input from state or local officials, |
7 |
| or interested parties. |
8 |
| D. Allow, not later than sixty days after a rule is |
9 |
| promulgated, any interested person to file a petition in the |
10 |
| United States District Court for the District of Columbia or in |
11 |
| the Federal District Court where the Interstate Commission's |
12 |
| principal office is located for judicial review of such rule. |
13 |
| If the court finds that the Interstate Commission's action is |
14 |
| not supported by substantial evidence in the rulemaking record, |
15 |
| the court shall hold the rule unlawful and set it aside. For |
16 |
| purposes of this subsection, evidence is substantial if it |
17 |
| would be considered substantial evidence under the Model State |
18 |
| Administrative Procedures Act. |
19 |
| E. If a majority of the legislatures of the compacting |
20 |
| states rejects a rule, those states may, by enactment of a |
21 |
| statute or resolution in the same manner used to adopt the |
22 |
| compact, cause that such rule shall have no further force and |
23 |
| effect in any compacting state. |
24 |
| F. The existing rules governing the operation of the |
25 |
| Interstate Compact on Juveniles superceded by this act shall be |
26 |
| null and void twelve (12) months after the first meeting of the |
|
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SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| Interstate Commission created hereunder. |
2 |
| G. Upon determination by the Interstate Commission that a |
3 |
| state-of-emergency exists, it may promulgate an emergency rule |
4 |
| which shall become effective immediately upon adoption, |
5 |
| provided that the usual rulemaking procedures provided |
6 |
| hereunder shall be retroactively applied to said rule as soon |
7 |
| as reasonably possible, but no later than ninety (90) days |
8 |
| after the effective date of the emergency rule. |
9 |
| ARTICLE VII |
10 |
| OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE |
11 |
| INTERSTATE COMMISSION |
12 |
| Section A. Oversight |
13 |
| 1. The Interstate Commission shall oversee the |
14 |
| administration and operations of the interstate movement of |
15 |
| juveniles subject to this compact in the compacting states and |
16 |
| shall monitor such activities being administered in |
17 |
| non-compacting states which may significantly affect |
18 |
| compacting states. |
19 |
| 2. The courts and executive agencies in each compacting |
20 |
| state shall enforce this compact and shall take all actions |
21 |
| necessary and appropriate to effectuate the compact's purposes |
22 |
| and intent. The provisions of this compact and the rules |
23 |
| promulgated hereunder shall be received by all the judges, |
24 |
| public officers, commissions, and departments of the state |
25 |
| government as evidence of the authorized statute and |
26 |
| administrative rules. All courts shall take judicial notice of |
|
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SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| the compact and the rules. In any judicial or administrative |
2 |
| proceeding in a compacting state pertaining to the subject |
3 |
| matter of this compact which may affect the powers, |
4 |
| responsibilities or actions of the Interstate Commission, it |
5 |
| shall be entitled to receive all service of process in any such |
6 |
| proceeding, and shall have standing to intervene in the |
7 |
| proceeding for all purposes. |
8 |
| Section B. Dispute Resolution |
9 |
| 1. The compacting states shall report to the Interstate |
10 |
| Commission on all issues and activities necessary for the |
11 |
| administration of the compact as well as issues and activities |
12 |
| pertaining to compliance with the provisions of the compact and |
13 |
| its bylaws and rules. |
14 |
| 2. The Interstate Commission shall attempt, upon the |
15 |
| request of a compacting state, to resolve any disputes or other |
16 |
| issues which are subject to the compact and which may arise |
17 |
| among compacting states and between compacting and |
18 |
| non-compacting states. The commission shall promulgate a rule |
19 |
| providing for both mediation and binding dispute resolution for |
20 |
| disputes among the compacting states. |
21 |
| 3. The Interstate Commission, in the reasonable exercise of |
22 |
| its discretion, shall enforce the provisions and rules of this |
23 |
| compact using any or all means set forth in Article XI of this |
24 |
| compact. |
25 |
| ARTICLE VIII |
26 |
| FINANCE |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| A. The Interstate Commission shall pay or provide for the |
2 |
| payment of the reasonable expenses of its establishment, |
3 |
| organization and ongoing activities. |
4 |
| B. The Interstate Commission shall levy on and collect an |
5 |
| annual assessment from each compacting state to cover the cost |
6 |
| of the internal operations and activities of the Interstate |
7 |
| Commission and its staff which must be in a total amount |
8 |
| sufficient to cover the Interstate Commission's annual budget |
9 |
| as approved each year. The aggregate annual assessment amount |
10 |
| shall be allocated based upon a formula to be determined by the |
11 |
| Interstate Commission, taking into consideration the |
12 |
| population of each compacting state and the volume of |
13 |
| interstate movement of juveniles in each compacting state and |
14 |
| shall promulgate a rule binding upon all compacting states |
15 |
| which governs said assessment. |
16 |
| C. The Interstate Commission shall not incur any |
17 |
| obligations of any kind prior to securing the funds adequate to |
18 |
| meet the same; nor shall the Interstate Commission pledge the |
19 |
| credit of any of the compacting states, except by and with the |
20 |
| authority of the compacting state. |
21 |
| D. The Interstate Commission shall keep accurate accounts |
22 |
| of all receipts and disbursements. The receipts and |
23 |
| disbursements of the Interstate Commission shall be subject to |
24 |
| the audit and accounting procedures established under its |
25 |
| by-laws. However, all receipts and disbursements of funds |
26 |
| handled by the Interstate Commission shall be audited yearly by |
|
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|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| a certified or licensed public accountant and the report of the |
2 |
| audit shall be included in and become part of the annual report |
3 |
| of the Interstate Commission. |
4 |
| ARTICLE IX |
5 |
| THE STATE COUNCIL |
6 |
| Each member state shall create a State Council for |
7 |
| Interstate Juvenile Supervision. While each state may |
8 |
| determine the membership of its own state council, its |
9 |
| membership must include at least one representative from the |
10 |
| legislative, judicial, and executive branches of government, |
11 |
| victims groups, and the compact administrator, deputy compact |
12 |
| administrator or designee. Each compacting state retains the |
13 |
| right to determine the qualifications of the compact |
14 |
| administrator or deputy compact administrator. Each state |
15 |
| council will advise and may exercise oversight and advocacy |
16 |
| concerning that state's participation in Interstate Commission |
17 |
| activities and other duties as may be determined by that state, |
18 |
| including but not limited to, development of policy concerning |
19 |
| operations and procedures of the compact within that state. |
20 |
| ARTICLE X |
21 |
| COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT |
22 |
| A. Any state, the District of Columbia (or its designee), |
23 |
| the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, |
24 |
| American Samoa, and the Northern Marianas Islands as defined in |
25 |
| Article II of this compact is eligible to become a compacting |
26 |
| state. |
|
|
|
SB2821 Enrolled |
- 25 - |
LRB095 19866 RLC 46265 b |
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|
1 |
| B. The compact shall become effective and binding upon |
2 |
| legislative enactment of the compact into law by no less than |
3 |
| 35 of the states. The initial effective date shall be the later |
4 |
| of July 1, 2004 or upon enactment into law by the 35th |
5 |
| jurisdiction. Thereafter it shall become effective and binding |
6 |
| as to any other compacting state upon enactment of the compact |
7 |
| into law by that state. The governors of non-member states or |
8 |
| their designees shall be invited to participate in the |
9 |
| activities of the Interstate Commission on a non-voting basis |
10 |
| prior to adoption of the compact by all states and territories |
11 |
| of the United States. |
12 |
| C. The Interstate Commission may propose amendments to the |
13 |
| compact for enactment by the compacting states. No amendment |
14 |
| shall become effective and binding upon the Interstate |
15 |
| Commission and the compacting states unless and until it is |
16 |
| enacted into law by unanimous consent of the compacting states. |
17 |
| ARTICLE XI |
18 |
| WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT |
19 |
| Section A. Withdrawal |
20 |
| 1. Once effective, the compact shall continue in force and |
21 |
| remain binding upon each and every compacting state; provided |
22 |
| that a compacting state may withdraw from the compact by |
23 |
| specifically repealing the statute which enacted the compact |
24 |
| into law. |
25 |
| 2. The effective date of withdrawal is the effective date |
26 |
| of the repeal. |
|
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|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| 3. The withdrawing state shall immediately notify the |
2 |
| chairperson of the Interstate Commission in writing upon the |
3 |
| introduction of legislation repealing this compact in the |
4 |
| withdrawing state. The Interstate Commission shall notify the |
5 |
| other compacting states of the withdrawing state's intent to |
6 |
| withdraw within sixty days of its receipt thereof. |
7 |
| 4. The withdrawing state is responsible for all |
8 |
| assessments, obligations and liabilities incurred through the |
9 |
| effective date of withdrawal, including any obligations, the |
10 |
| performance of which extend beyond the effective date of |
11 |
| withdrawal. |
12 |
| 5. Reinstatement following withdrawal of any compacting |
13 |
| state shall occur upon the withdrawing state reenacting the |
14 |
| compact or upon such later date as determined by the Interstate |
15 |
| Commission. |
16 |
| Section B. Technical Assistance, Fines, Suspension, |
17 |
| Termination and Default |
18 |
| 1. If the Interstate Commission determines that any |
19 |
| compacting state has at any time defaulted in the performance |
20 |
| of any of its obligations or responsibilities under this |
21 |
| compact, or the by-laws or duly promulgated rules, the |
22 |
| Interstate Commission may impose any or all of the following |
23 |
| penalties: |
24 |
| a. Remedial training and technical assistance as |
25 |
| directed by the Interstate Commission; |
26 |
| b. Alternative Dispute Resolution; |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| c. Fines, fees, and costs in such amounts as are deemed |
2 |
| to be reasonable as fixed by the Interstate Commission; and |
3 |
| d. Suspension or termination of membership in the |
4 |
| compact, which shall be imposed only after all other |
5 |
| reasonable means of securing compliance under the by-laws |
6 |
| and rules have been exhausted and the Interstate Commission |
7 |
| has therefore determined that the offending state is in |
8 |
| default. Immediate notice of suspension shall be given by |
9 |
| the Interstate Commission to the Governor, the Chief |
10 |
| Justice or the Chief Judicial Officer of the state, the |
11 |
| majority and minority leaders of the defaulting state's |
12 |
| legislature, and the state council. The grounds for default |
13 |
| include, but are not limited to, failure of a compacting |
14 |
| state to perform such obligations or responsibilities |
15 |
| imposed upon it by this compact, the by-laws, or duly |
16 |
| promulgated rules and any other grounds designated in |
17 |
| commission by-laws and rules. The Interstate Commission |
18 |
| shall immediately notify the defaulting state in writing of |
19 |
| the penalty imposed by the Interstate Commission and of the |
20 |
| default pending a cure of the default. The commission shall |
21 |
| stipulate the conditions and the time period within which |
22 |
| the defaulting state must cure its default. If the |
23 |
| defaulting state fails to cure the default within the time |
24 |
| period specified by the commission, the defaulting state |
25 |
| shall be terminated from the compact upon an affirmative |
26 |
| vote of a majority of the compacting states and all rights, |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| privileges and benefits conferred by this compact shall be |
2 |
| terminated from the effective date of termination. |
3 |
| 2. Within sixty days of the effective date of termination |
4 |
| of a defaulting state, the Commission shall notify the |
5 |
| Governor, the Chief Justice or Chief Judicial Officer, the |
6 |
| Majority and Minority Leaders of the defaulting state's |
7 |
| legislature, and the state council of such termination. |
8 |
| 3. The defaulting state is responsible for all assessments, |
9 |
| obligations and liabilities incurred through the effective |
10 |
| date of termination including any obligations, the performance |
11 |
| of which extends beyond the effective date of termination. |
12 |
| 4. The Interstate Commission shall not bear any costs |
13 |
| relating to the defaulting state unless otherwise mutually |
14 |
| agreed upon in writing between the Interstate Commission and |
15 |
| the defaulting state. |
16 |
| 5. Reinstatement following termination of any compacting |
17 |
| state requires both a reenactment of the compact by the |
18 |
| defaulting state and the approval of the Interstate Commission |
19 |
| pursuant to the rules. |
20 |
| Section C. Judicial Enforcement |
21 |
| The Interstate Commission may, by majority vote of the |
22 |
| members, initiate legal action in the United States District |
23 |
| Court for the District of Columbia or, at the discretion of the |
24 |
| Interstate Commission, in the federal district where the |
25 |
| Interstate Commission has its offices, to enforce compliance |
26 |
| with the provisions of the compact, its duly promulgated rules |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| and by-laws, against any compacting state in default. In the |
2 |
| event judicial enforcement is necessary the prevailing party |
3 |
| shall be awarded all costs of such litigation including |
4 |
| reasonable attorneys fees. |
5 |
| Section D. Dissolution of Compact |
6 |
| 1. The compact dissolves effective upon the date of the |
7 |
| withdrawal or default of the compacting state, which reduces |
8 |
| membership in the compact to one compacting state. |
9 |
| 2. Upon the dissolution of this compact, the compact |
10 |
| becomes null and void and shall be of no further force or |
11 |
| effect, and the business and affairs of the Interstate |
12 |
| Commission shall be concluded and any surplus funds shall be |
13 |
| distributed in accordance with the by-laws. |
14 |
| ARTICLE XII |
15 |
| SEVERABILITY AND CONSTRUCTION |
16 |
| A. The provisions of this compact shall be severable, and |
17 |
| if any phrase, clause, sentence or provision is deemed |
18 |
| unenforceable, the remaining provisions of the compact shall be |
19 |
| enforceable. |
20 |
| B. The provisions of this compact shall be liberally |
21 |
| construed to effectuate its purposes. |
22 |
| ARTICLE XIII |
23 |
| BINDING EFFECT OF COMPACT AND OTHER LAWS |
24 |
| Section A. Other Laws |
25 |
| 1. Nothing herein prevents the enforcement of any other law |
26 |
| of a compacting state that is not inconsistent with this |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| compact. |
2 |
| 2. All compacting states' laws other than state |
3 |
| Constitutions and other interstate compacts conflicting with |
4 |
| this compact are superseded to the extent of the conflict. |
5 |
| Section B. Binding Effect of the Compact |
6 |
| 1. All lawful actions of the Interstate Commission, |
7 |
| including all rules and by-laws promulgated by the Interstate |
8 |
| Commission, are binding upon the compacting states. |
9 |
| 2. All agreements between the Interstate Commission and the |
10 |
| compacting states are binding in accordance with their terms. |
11 |
| 3. Upon the request of a party to a conflict over meaning |
12 |
| or interpretation of Interstate Commission actions, and upon a |
13 |
| majority vote of the compacting states, the Interstate |
14 |
| Commission may issue advisory opinions regarding such meaning |
15 |
| or interpretation. |
16 |
| 4. In the event any provision of this compact exceeds the |
17 |
| constitutional limits imposed on the legislature of any |
18 |
| compacting state, the obligations, duties, powers or |
19 |
| jurisdiction sought to be conferred by such provision upon the |
20 |
| Interstate Commission shall be ineffective and such |
21 |
| obligations, duties, powers or jurisdiction shall remain in the |
22 |
| compacting state and shall be exercised by the agency thereof |
23 |
| to which such obligations, duties, powers or jurisdiction are |
24 |
| delegated by law in effect at the time this compact becomes |
25 |
| effective. |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| Section 75. The Illinois Administrative Procedure Act is |
2 |
| amended by changing Section 1-5 as follows:
|
3 |
| (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
|
4 |
| Sec. 1-5. Applicability.
|
5 |
| (a) This Act applies to every agency as defined in this |
6 |
| Act.
Beginning January 1, 1978, in case of conflict between the |
7 |
| provisions of
this Act and the Act creating or conferring power |
8 |
| on an agency, this Act
shall control. If, however, an agency |
9 |
| (or its predecessor in the case of
an agency that has been |
10 |
| consolidated or reorganized) has existing procedures
on July 1, |
11 |
| 1977, specifically for contested cases or licensing, those |
12 |
| existing
provisions control, except that this exception |
13 |
| respecting contested
cases and licensing does not apply if the |
14 |
| Act creating or conferring
power on the agency adopts by |
15 |
| express reference the provisions of this
Act. Where the Act |
16 |
| creating or conferring power on an agency
establishes |
17 |
| administrative procedures not covered by this Act, those
|
18 |
| procedures shall remain in effect.
|
19 |
| (b) The provisions of this Act do not apply to (i) |
20 |
| preliminary
hearings, investigations, or practices where no |
21 |
| final determinations
affecting State funding are made by the |
22 |
| State Board of Education, (ii) legal
opinions issued under |
23 |
| Section 2-3.7 of the School Code, (iii) as to State
colleges |
24 |
| and universities, their disciplinary and grievance |
25 |
| proceedings,
academic irregularity and capricious grading |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| proceedings, and admission
standards and procedures, and (iv) |
2 |
| the class specifications for positions
and individual position |
3 |
| descriptions prepared and maintained under the
Personnel Code. |
4 |
| Those class specifications shall, however, be made
reasonably |
5 |
| available to the public for inspection and copying. The
|
6 |
| provisions of this Act do not apply to hearings under Section |
7 |
| 20 of the
Uniform Disposition of Unclaimed Property Act.
|
8 |
| (c) Section 5-35 of this Act relating to procedures for |
9 |
| rulemaking
does not apply to the following:
|
10 |
| (1) Rules adopted by the Pollution Control Board that, |
11 |
| in accordance
with Section 7.2 of the Environmental |
12 |
| Protection Act, are identical in
substance to federal |
13 |
| regulations or amendments to those regulations
|
14 |
| implementing the following: Sections 3001, 3002, 3003, |
15 |
| 3004, 3005, and 9003
of the Solid Waste Disposal Act; |
16 |
| Section 105 of the Comprehensive Environmental
Response, |
17 |
| Compensation, and Liability Act of 1980; Sections 307(b), |
18 |
| 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal |
19 |
| Water Pollution Control
Act; and Sections 1412(b), |
20 |
| 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking |
21 |
| Water Act.
|
22 |
| (2) Rules adopted by the Pollution Control Board that |
23 |
| establish or
amend standards for the emission of |
24 |
| hydrocarbons and carbon monoxide from
gasoline powered |
25 |
| motor vehicles subject to inspection under Section 13A-105
|
26 |
| of the Vehicle Emissions Inspection Law and rules adopted |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| under Section 13B-20
of the Vehicle Emissions Inspection |
2 |
| Law of 2005 or its predecessor laws
1995 .
|
3 |
| (3) Procedural rules adopted by the Pollution Control |
4 |
| Board governing
requests for exceptions under Section 14.2 |
5 |
| of the Environmental Protection Act.
|
6 |
| (4) The Pollution Control Board's grant, pursuant to an
|
7 |
| adjudicatory determination, of an adjusted standard for |
8 |
| persons who can
justify an adjustment consistent with |
9 |
| subsection (a) of Section 27 of
the Environmental |
10 |
| Protection Act.
|
11 |
| (5) Rules adopted by the Pollution Control Board that |
12 |
| are identical in
substance to the regulations adopted by |
13 |
| the Office of the State Fire
Marshal under clause (ii) of |
14 |
| paragraph (b) of subsection (3) of Section 2
of the |
15 |
| Gasoline Storage Act.
|
16 |
| (d) Pay rates established under Section 8a of the Personnel |
17 |
| Code
shall be amended or repealed pursuant to the process set |
18 |
| forth in Section
5-50 within 30 days after it becomes necessary |
19 |
| to do so due to a conflict
between the rates and the terms of a |
20 |
| collective bargaining agreement
covering the compensation of |
21 |
| an employee subject to that Code.
|
22 |
| (e) Section 10-45 of this Act shall not apply to any |
23 |
| hearing, proceeding,
or investigation conducted under Section |
24 |
| 13-515 of the Public Utilities Act.
|
25 |
| (f) Article 10 of this Act does not apply to any hearing, |
26 |
| proceeding, or
investigation conducted by the State Council for |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| the State of Illinois created
under Section 3-3-11.05 of the |
2 |
| Unified Code of Corrections or by the Interstate
Commission for |
3 |
| Adult Offender Supervision created under the
Interstate |
4 |
| Compact for Adult Offender Supervision or by the Interstate |
5 |
| Commission for Juveniles created under the Interstate Compact |
6 |
| for Juveniles .
|
7 |
| (g) This Act is subject to the provisions of Article XXI of
|
8 |
| the Public Utilities Act. To the extent that any provision of
|
9 |
| this Act conflicts with the provisions of that Article XXI, the
|
10 |
| provisions of that Article XXI control.
|
11 |
| (Source: P.A. 95-9, eff. 6-30-07; 95-331, eff. 8-21-07; revised |
12 |
| 1-30-08.)
|
13 |
| Section 80. The Unified Code of Corrections is amended by |
14 |
| changing Sections 3-2.5-20, 3-3-11.05, 3-3-11.1, and 3-3-11.2 |
15 |
| and by adding Section 3-2.5-110 as follows: |
16 |
| (730 ILCS 5/3-2.5-20)
|
17 |
| Sec. 3-2.5-20. General powers and duties. |
18 |
| (a) In addition to the powers, duties, and responsibilities |
19 |
| which are otherwise provided by law or transferred to the |
20 |
| Department as a result of this Article, the Department, as |
21 |
| determined by the Director, shall have, but are not limited to, |
22 |
| the following rights, powers, functions and duties: |
23 |
| (1) To accept juveniles committed to it by the courts |
24 |
| of this State for care, custody, treatment, and |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| rehabilitation. |
2 |
| (2) To maintain and administer all State juvenile |
3 |
| correctional institutions previously under the control of |
4 |
| the Juvenile and Women's & Children Divisions of the |
5 |
| Department of Corrections, and to establish and maintain |
6 |
| institutions as needed to meet the needs of the youth |
7 |
| committed to its care. |
8 |
| (3) To identify the need for and recommend the funding |
9 |
| and implementation of an appropriate mix of programs and |
10 |
| services within the juvenile justice continuum, including |
11 |
| but not limited to prevention, nonresidential and |
12 |
| residential commitment programs, day treatment, and |
13 |
| conditional release programs and services, with the |
14 |
| support of educational, vocational, alcohol, drug abuse, |
15 |
| and mental health services where appropriate. |
16 |
| (4) To establish and provide transitional and |
17 |
| post-release treatment programs for juveniles committed to |
18 |
| the Department. Services shall include but are not limited |
19 |
| to: |
20 |
| (i) family and individual counseling and treatment |
21 |
| placement; |
22 |
| (ii) referral services to any other State or local |
23 |
| agencies; |
24 |
| (iii) mental health services; |
25 |
| (iv) educational services; |
26 |
| (v) family counseling services; and |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| (vi) substance abuse services. |
2 |
| (5) To access vital records of juveniles for the |
3 |
| purposes of providing necessary documentation for |
4 |
| transitional services such as obtaining identification, |
5 |
| educational enrollment, employment, and housing. |
6 |
| (6) To develop staffing and workload standards and |
7 |
| coordinate staff development and training appropriate for |
8 |
| juvenile populations. |
9 |
| (7) To develop, with the approval of the Office of the |
10 |
| Governor and the Governor's Office of Management and |
11 |
| Budget, annual budget requests.
|
12 |
| (8) To administer the Interstate Compact for |
13 |
| Juveniles, with respect to all juveniles under its |
14 |
| jurisdiction, and to cooperate with the Department of Human |
15 |
| Services with regard to all non-offender juveniles subject |
16 |
| to the Interstate Compact for Juveniles.
|
17 |
| (b) The Department may employ personnel in accordance with |
18 |
| the Personnel Code and Section 3-2.5-15 of this Code, provide |
19 |
| facilities, contract for goods and services, and adopt rules as |
20 |
| necessary to carry out its functions and purposes, all in |
21 |
| accordance with applicable State and federal law.
|
22 |
| (Source: P.A. 94-696, eff. 6-1-06 .) |
23 |
| (730 ILCS 5/3-2.5-110 new) |
24 |
| Sec. 3-2.5-110. State Compact Administrator. A State |
25 |
| Compact Administrator for the Interstate Compact for Juveniles |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| shall be appointed by the Governor. The Juvenile State Compact |
2 |
| Administrator shall be a representative of the Illinois |
3 |
| Department of Juvenile Justice and shall act as the day-to-day |
4 |
| administrator for the Interstate Compact for Juveniles. The |
5 |
| State Compact Administrator shall serve as the State's |
6 |
| Commissioner to the Interstate Commission for Juveniles, as |
7 |
| provided in Article III of the Compact. One Deputy State |
8 |
| Compact Administrator from probation shall be appointed by the |
9 |
| Supreme Court. A second Deputy State Compact Administrator |
10 |
| shall be appointed by the Department of Human Services.
|
11 |
| (730 ILCS 5/3-3-11.05)
|
12 |
| Sec. 3-3-11.05. State Council for Interstate Compacts for |
13 |
| the State of Illinois.
|
14 |
| (a) Membership and appointing authority.
|
15 |
| (1) A State Compact Administrator for the Interstate |
16 |
| Compact for Adult Offender Supervision shall be appointed |
17 |
| by the
Governor. The Adult Offender Supervision Compact |
18 |
| Administrator shall be a representative of the
Illinois |
19 |
| Department of Corrections and shall serve as Chairperson of |
20 |
| the
State Council, as well as act as the day-to-day |
21 |
| administrator for the
Interstate Compact for Adult |
22 |
| Offender Supervision. The State Compact Administrator |
23 |
| shall serve as the State's Commissioner to the Interstate |
24 |
| Commission for Adult Offenders, as provided in Article IV |
25 |
| of the Compact. The Adult Offender Supervision Compact |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| Administrator shall serve as Chairperson of the State |
2 |
| Council for Interstate Compacts, except that the State |
3 |
| Compact Administrator for the Interstate Compact for |
4 |
| Juveniles may be designated by the State Council to serve |
5 |
| as Chairperson for the State Council when juvenile issues |
6 |
| come before the council.
The State Compact
Administrator |
7 |
| shall serve as the State's Commissioner to the Interstate
|
8 |
| Commission as provided in Article IV of the Compact.
|
9 |
| (2) A Deputy Compact Administrator from probation |
10 |
| shall be
appointed by the Supreme Court.
|
11 |
| (3) A representative shall be appointed by the Speaker |
12 |
| of the
House of Representatives.
|
13 |
| (4) A representative shall be appointed by the Minority |
14 |
| Leader of
the House of Representatives.
|
15 |
| (5) A representative shall be appointed by the |
16 |
| President of the
Senate.
|
17 |
| (6) A representative shall be appointed by the Minority |
18 |
| Leader of
the Senate.
|
19 |
| (7) A judicial representative shall be appointed by the |
20 |
| Supreme
Court.
|
21 |
| (8) A representative from a crime victims' advocacy |
22 |
| group shall be
appointed by the Governor.
|
23 |
| (9) A parole representative shall be appointed by the |
24 |
| Director of
Corrections.
|
25 |
| (10) A probation representative shall be appointed by |
26 |
| the Director
of the Administrative Office of the Illinois |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| Courts.
|
2 |
| (11) A representative shall be appointed by the |
3 |
| Director of Juvenile Justice. |
4 |
| (12) The Deputy Compact Administrator (Juvenile) |
5 |
| appointed by the Secretary of Human Services. |
6 |
| (13) The State Compact Administrator of the Interstate |
7 |
| Compact for Juveniles.
|
8 |
| (14)
(11) The persons appointed under clauses (1) |
9 |
| through (13)
(10) of this
subsection (a) shall be voting |
10 |
| members of the State Council. With the
approval of the |
11 |
| State Council, persons representing other organizations
|
12 |
| that may have an interest in the Compact may also be |
13 |
| appointed to serve
as non-voting members of the State |
14 |
| Council by those interested
organizations. Those |
15 |
| organizations may include, but are not limited to, the
|
16 |
| Illinois Sheriffs' Association, the Illinois Association |
17 |
| of Chiefs of
Police,
the Illinois State's Attorneys |
18 |
| Association, and the Office of Attorney
General.
|
19 |
| (b) Terms of appointment.
|
20 |
| (1) The Compact Administrators
Administrator and the |
21 |
| Deputy Compact Administrators
Administrator
from Probation
|
22 |
| shall serve at the will of their respective appointing
|
23 |
| authorities.
|
24 |
| (2) The crime victims' advocacy group representative |
25 |
| and the judicial
representative shall each serve an initial |
26 |
| term of 2 years. Thereafter, they
shall each serve
for a |
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
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|
1 |
| term of 4 years.
|
2 |
| (3) The representatives appointed by the Speaker of the |
3 |
| House of
Representatives, the President of the Senate, the |
4 |
| Minority Leader of the House
of
Representatives, and the |
5 |
| Minority Leader of the Senate shall each serve for a
term |
6 |
| of 4
years. If one of these representatives shall not be |
7 |
| able to fulfill the
completion of his or
her term, then |
8 |
| another representative shall be appointed by his or her
|
9 |
| respective
appointing authority for the remainder of his or |
10 |
| her term.
|
11 |
| (4) The probation representative and the parole |
12 |
| representative shall each
serve a term of 2 years.
|
13 |
| (5) The time frame limiting the initial term of |
14 |
| appointments for voting representatives listed in clauses |
15 |
| (2) through (4) of this subsection (b) shall not begin |
16 |
| until more than 50% of the appointments have been made by |
17 |
| the respective appointing authorities.
|
18 |
| (c) Duties and responsibilities.
|
19 |
| (1) The duties and responsibilities of the State |
20 |
| Council shall be:
|
21 |
| (A) To appoint the State Compact Administrator as |
22 |
| Illinois'
Commissioner on the Interstate Commission.
|
23 |
| (B) To develop by-laws for the operation of the |
24 |
| State Council.
|
25 |
| (C) To establish policies and procedures for the |
26 |
| Interstate Compact
operations in Illinois.
|
|
|
|
SB2821 Enrolled |
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LRB095 19866 RLC 46265 b |
|
|
1 |
| (D) To monitor and remediate Compact compliance |
2 |
| issues in
Illinois.
|
3 |
| (E) To promote system training and public |
4 |
| awareness regarding the
Compact's mission and |
5 |
| mandates.
|
6 |
| (F) To meet at least twice a year and otherwise as |
7 |
| called by the
Chairperson.
|
8 |
| (G) To allow for the appointment of non-voting |
9 |
| members as
deemed appropriate.
|
10 |
| (H) To issue rules in accordance with Article 5 of |
11 |
| the Illinois
Administrative Procedure Act.
|
12 |
| (I) To publish Interstate Commission rules.
|
13 |
| (d) Funding. The State shall appropriate funds to the |
14 |
| Department of
Corrections to
support the operations of the |
15 |
| State Council and its membership dues to the
Interstate
|
16 |
| Commission.
|
17 |
| (e) Penalties. Procedures for assessment of penalties |
18 |
| imposed pursuant to
Article
XII of the Compact shall be |
19 |
| established by the State Council.
|
20 |
| (f) Notification of ratification of Compact. The State |
21 |
| Compact
Administrator
shall notify the Governor and Secretary |
22 |
| of State when 35 States have enacted
the Compact.
|
23 |
| (Source: P.A. 92-571, eff. 6-26-02.)
|
24 |
| (730 ILCS 5/3-3-11.1) (from Ch. 38, par. 1003-3-11.1)
|
25 |
| Sec. 3-3-11.1. State defined. As used in Sections 3-3-11.05 |
|
|
|
SB2821 Enrolled |
- 42 - |
LRB095 19866 RLC 46265 b |
|
|
1 |
| through 3-3-11.3, unless the
context clearly
indicates |
2 |
| otherwise, the term "State" means a state of the United States, |
3 |
| the
District of Columbia, the Commonwealth of Puerto Rico, and |
4 |
| any other territorial possessions of the United
States.
|
5 |
| (Source: P.A. 92-571, eff. 6-26-02.)
|
6 |
| (730 ILCS 5/3-3-11.2) (from Ch. 38, par. 1003-3-11.2)
|
7 |
| Sec. 3-3-11.2. Force and effect of compact.
|
8 |
| When the Governor of this State shall sign and seal the |
9 |
| Interstate Compact for Adult Offender Supervision, the |
10 |
| Interstate Compact for Juveniles,
this compact or any
compact |
11 |
| with any other State, pursuant to the provisions of this Act, |
12 |
| such
compact or compacts as between the State of Illinois and |
13 |
| such other State
so signing shall have the force and effect of |
14 |
| law immediately upon the
enactment by such other State of a law |
15 |
| giving it similar effect.
|
16 |
| (Source: P.A. 77-2097.)
|
17 |
| Section 99. Effective date. This Act takes effect upon |
18 |
| becoming law.
|