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                                                       PRINTER'S NO. 404

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 391 Session of 2001


        INTRODUCED BY GREENLEAF, COSTA, LEMMOND, EARLL, GERLACH, O'PAKE,
           HOLL, KITCHEN, SCHWARTZ, STACK, TARTAGLIONE AND THOMPSON,
           FEBRUARY 8, 2001

        REFERRED TO JUDICIARY, FEBRUARY 8, 2001

                                     AN ACT

     1  Authorizing the Commonwealth of Pennsylvania to join the
     2     Interstate Compact for the Supervision of Adult Offenders;
     3     providing for the form of the compact; imposing additional
     4     powers and duties on the Governor, the Secretary of the
     5     Commonwealth and the Compact Administrator; and making a
     6     repeal.

     7     Whereas, The Interstate Compact for the Supervision of
     8  Parolees and Probationers was established in 1937 and is the
     9  earliest corrections "compact" established among the states and
    10  has not been amended since its adoption over 62 years ago; and
    11     Whereas, This compact is the only vehicle for the controlled
    12  movement of adult parolees and probationers across state lines
    13  and it currently has jurisdiction over more than a quarter of a
    14  million offenders; and
    15     Whereas, The complexities of the compact have become more
    16  difficult to administer and many jurisdictions have expanded
    17  supervision expectations to include currently unregulated
    18  practices such as victim input, victim notification requirements
    19  and sex offender registration; and


     1     Whereas, After hearings, national surveys and a detailed
     2  study by a task force appointed by the National Institute of
     3  Corrections, the overwhelming recommendation has been to amend
     4  the document to bring about an effective management capacity
     5  that addresses public safety concerns and offender
     6  accountability; and
     7     Whereas, Upon the adoption of this Interstate Compact for
     8  Adult Offender Supervision, it is the intention of the
     9  legislature to repeal the previous Interstate Compact for the
    10  Supervision of Parolees and Probationers on the effective date
    11  of this Compact.
    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14  Section 1.  Short title.
    15     This act shall be known and may be cited as the Interstate
    16  Compact for the Supervision of Adult Offenders Act.
    17  Section 2.  Authority to execute compact.
    18     The Governor of Pennsylvania, on behalf of this State, is
    19  hereby authorized to execute a compact in substantially the
    20  following form with any one or more of the states of the United
    21  States and the General Assembly hereby signifies in advance its
    22  approval and ratification of such compact:
    23                             ARTICLE I
    24                              PURPOSE
    25  The compacting states to this Interstate Compact recognize that
    26  each state is responsible for the supervision of adult offenders
    27  in the community who are authorized pursuant to the Bylaws and
    28  Rules of this compact to travel across state lines both to and
    29  from each compacting state in such a manner as to track the
    30  location of offenders, transfer supervision authority in an
    20010S0391B0404                  - 2 -

     1  orderly and efficient manner, and when necessary return
     2  offenders to the originating jurisdictions. The compacting
     3  states also recognize that Congress, by enacting the Crime
     4  Control Act, 4 U.S.C. Section 112, has authorized and encouraged
     5  compacts for cooperative efforts and mutual assistance in the
     6  prevention of crime. It is the purpose of this compact and the
     7  Interstate Commission created hereunder, through means of joint
     8  and cooperative action among the compacting states: to provide
     9  the framework for the promotion of public safety and protect the
    10  rights of victims through the control and regulation of the
    11  interstate movement of offenders in the community; to provide
    12  for the effective tracking, supervision, and rehabilitation of
    13  these offenders by the sending and receiving states; and to
    14  equitably distribute the costs, benefits and obligations of the
    15  compact among the compacting states. In addition, this compact
    16  will: create an Interstate Commission which will establish
    17  uniform procedures to manage the movement between states of
    18  adults placed under community supervision and released to the
    19  community under the jurisdiction of courts, paroling
    20  authorities, corrections or other criminal justice agencies
    21  which will promulgate rules to achieve the purpose of this
    22  compact; ensure an opportunity for input and timely notice to
    23  victims and to jurisdictions where defined offenders are
    24  authorized to travel or to relocate across state lines;
    25  establish a system of uniform data collection, access to
    26  information on active cases by authorized criminal justice
    27  officials, and regular reporting of Compact activities to heads
    28  of state councils, state executive, judicial, and legislative
    29  branches and criminal justice administrators; monitor compliance
    30  with rules governing interstate movement of offenders and
    20010S0391B0404                  - 3 -

     1  initiate interventions to address and correct non-compliance;
     2  and coordinate training and education regarding regulations of
     3  interstate movement of offenders for officials involved in such
     4  activity. The compacting states recognize that there is no
     5  "right" of any offender to live in another state and that duly
     6  accredited officers of a sending state may at all times enter a
     7  receiving state and there apprehend and retake any offender
     8  under supervision subject to the provisions of this compact and
     9  Bylaws and Rules promulgated hereunder. It is the policy of the
    10  compacting states that the activities conducted by the
    11  Interstate Commission created herein are the formation of public
    12  policies and are therefore public business.
    13                             ARTICLE II
    14                            DEFINITIONS
    15  As used in this compact, unless the context clearly requires a
    16  different construction:
    17     "Adult" means both individuals legally classified as adults
    18  and juveniles treated as adults by court order, statute, or
    19  operation of law.
    20     "By-laws" means those by-laws established by the Interstate
    21  Commission for its governance, or for directing or controlling
    22  the Interstate Commission's actions or conduct.
    23     "Compact Administrator" means the individual in each
    24  compacting state appointed pursuant to the terms of this compact
    25  responsible for the administration and management of the state's
    26  supervision and transfer of offenders subject to the terms of
    27  this compact, the rules adopted by the Interstate Commission and
    28  policies adopted by the State Council under this compact.
    29     "Compacting state" means any state which has enacted the
    30  enabling legislation for this compact.
    20010S0391B0404                  - 4 -

     1     "Commissioner" means the voting representative of each
     2  compacting state appointed pursuant to Article III of this
     3  compact.
     4     "Interstate Commission" means the Interstate Commission for
     5  Adult Offender Supervision established by this compact.
     6     "Member" means the commissioner of a compacting state or
     7  designee, who shall be a person officially connected with the
     8  commissioner.
     9     "Non Compacting state" means any state which has not enacted
    10  the enabling legislation for this compact.
    11     "Offender" means an adult placed under, or subject, to
    12  supervision as the result of the commission of a criminal
    13  offense and released to the community under the jurisdiction of
    14  courts, paroling authorities, corrections, or other criminal
    15  justice agencies.
    16     "Person" means any individual, corporation, business
    17  enterprise, or other legal entity, either public or private.
    18     "Rules" means acts of the Interstate Commission, duly
    19  promulgated pursuant to Article VIII of this compact,
    20  substantially affecting interested parties in addition to the
    21  Interstate Commission, which shall have the force and effect of
    22  law in the compacting states.
    23     "State" means a state of the United States, the District of
    24  Columbia and any other territorial possessions of the United
    25  States.
    26     "State Council" means the resident members of the State
    27  Council for Interstate Adult Offender Supervision created by
    28  each state under Article III of this compact.
    29                            ARTICLE III
    30                       THE COMPACT COMMISSION
    20010S0391B0404                  - 5 -

     1  The compacting states hereby create the "Interstate Commission
     2  for Adult Offender Supervision." The Interstate Commission shall
     3  be a body corporate and joint agency of the compacting states.
     4  The Interstate Commission shall have all the responsibilities,
     5  powers and duties set forth herein, including the power to sue
     6  and be sued, and such additional powers as may be conferred upon
     7  it by subsequent action of the respective legislatures of the
     8  compacting states in accordance with the terms of this compact.
     9  The Interstate Commission shall consist of Commissioners
    10  selected and appointed by resident members of a State Council
    11  for Interstate Adult Offender Supervision for each state.
    12  In addition to the Commissioners who are the voting
    13  representatives of each state, the Interstate Commission shall
    14  include individuals who are not commissioners but who are
    15  members of interested organizations; such non-commissioner
    16  members must include a member of the national organizations of
    17  governors, legislators, state chief justices, attorneys general
    18  and crime victims. All non-commissioner members of the
    19  Interstate Commission shall be ex-officio (nonvoting) members.
    20  The Interstate Commission may provide in its by-laws for such
    21  additional, ex-officio, non-voting members as it deems
    22  necessary.
    23  Each compacting state represented at any meeting of the
    24  Interstate Commission is entitled to one vote. A majority of the
    25  compacting states shall constitute a quorum for the transaction
    26  of business, unless a larger quorum is required by the by-laws
    27  of the Interstate Commission.
    28  The Interstate Commission shall meet at least once each calendar
    29  year. The chairperson may call additional meetings and, upon the
    30  request of 27 or more compacting states, shall call additional
    20010S0391B0404                  - 6 -

     1  meetings. Public notice shall be given of all meetings and
     2  meetings shall be open to the public.
     3  The Interstate Commission shall establish an Executive Committee
     4  which shall include commission officers, members and others as
     5  shall be determined by the By-laws. The Executive Committee
     6  shall have the power to act on behalf of the Interstate
     7  Commission during periods when the Interstate Commission is not
     8  in session, with the exception of rulemaking and/or amendment to
     9  the Compact. The Executive Committee oversees the day-to-day
    10  activities managed by the Executive Director and Interstate
    11  Commission staff; administers enforcement and compliance with
    12  the provisions of the compact, its by-laws and as directed by
    13  the Interstate Commission and performs other duties as directed
    14  by Commission or set forth in the By-laws.
    15                             ARTICLE IV
    16                         THE STATE COUNCIL
    17  Each member state shall create a State Council for Interstate
    18  Adult Offender Supervision which shall be responsible for the
    19  appointment of the commissioner who shall serve on the
    20  Interstate Commission from that state. Each state council shall
    21  appoint as its commissioner the Compact Administrator from that
    22  state to serve on the Interstate Commission in such capacity
    23  under or pursuant to applicable law of the member state. While
    24  each member state may determine the membership of its own state
    25  council, its membership must include at least one representative
    26  from the legislative, judicial, and executive branches of
    27  government, victims groups and compact administrators. Each
    28  compacting state retains the right to determine the
    29  qualifications of the Compact Administrator who shall be
    30  appointed by the state council or by the Governor in
    20010S0391B0404                  - 7 -

     1  consultation with the Legislature and the Judiciary. In addition
     2  to appointment of its commissioner to the National Interstate
     3  Commission, each state council shall exercise oversight and
     4  advocacy concerning its participation in Interstate Commission
     5  activities and other duties as may be determined by each member
     6  state including but not limited to, development of policy
     7  concerning operations and procedures of the compact within that
     8  state.
     9                             ARTICLE V
    10           POWERS AND DUTIES OF THE INTERSTATE COMMISSION
    11  The Interstate Commission shall have the following powers:
    12     To adopt a seal and suitable by-laws governing the management
    13     and operation of the Interstate Commission.
    14     To promulgate rules which shall have the force and effect of
    15     statutory law and shall be binding in the compacting states to
    16     the extent and in the manner provided in this compact.
    17     To oversee, supervise and coordinate the interstate movement
    18     of offenders subject to the terms of this compact and any
    19     by-laws adopted and rules promulgated by the compact
    20     commission.
    21     To enforce compliance with compact provisions, Interstate
    22     Commission rules, and by-laws, using all necessary and proper
    23     means, including but not limited to, the use of judicial
    24     process.
    25     To establish and maintain offices.
    26     To purchase and maintain insurance and bonds.
    27     To borrow, accept, or contract for services of personnel,
    28     including, but not limited to, members and their staffs.
    29     To establish and appoint committees and hire staff which
    30     it deems necessary for the carrying out of its functions
    20010S0391B0404                  - 8 -

     1     including, but not limited to, an executive committee as
     2     required by Article III which shall have the power to act on
     3     behalf of the Interstate Commission in carrying out its
     4     powers and duties hereunder.
     5     To elect or appoint such officers, attorneys, employees,
     6     agents, or consultants, and to fix their compensation, define
     7     their duties and determine their qualifications; and to
     8     establish the Interstate Commission's personnel policies
     9     and programs relating to, among other things,
    10     conflicts of interest, rates of compensation, and
    11     qualifications of personnel.
    12     To accept any and all donations and grants of money,
    13     equipment, supplies, materials, and services, and to
    14     receive, utilize, and dispose of same.
    15     To lease, purchase, accept contributions or donations of, or
    16     otherwise to own, hold, improve or use any property, real,
    17     personal, or mixed.
    18     To sell, convey, mortgage, pledge, lease, exchange, abandon,
    19     or otherwise dispose of any property, real, personal
    20     or mixed.
    21     To establish a budget and make expenditures and levy dues as
    22     provided in Article X of this compact.
    23     To sue and be sued.
    24     To provide for dispute resolution among Compacting States.
    25     To perform such functions as may be necessary or
    26     appropriate to achieve the purposes of this compact.
    27     To report annually to the legislatures, governors, judiciary,
    28     and state councils of the compacting states concerning the
    29     activities of the Interstate Commission during the preceding
    30     year.
    20010S0391B0404                  - 9 -

     1     Such reports shall also include any recommendations that may
     2     have been adopted by the Interstate Commission.
     3     To coordinate education, training and public awareness
     4     regarding the interstate movement of offenders for officials
     5     involved in such activity.
     6     To establish uniform standards for the reporting, collecting,
     7     and exchanging of data.
     8                             ARTICLE VI
     9      ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
    10  Section A.  By-laws
    11  The Interstate Commission shall, by a majority of the Members,
    12  within twelve months of the first Interstate Commission meeting,
    13  adopt By-laws to govern its conduct as may be necessary or
    14  appropriate to carry out the purposes of the Compact, including,
    15  but not limited to:
    16  establishing the fiscal year of the Interstate Commission;
    17  establishing an executive committee and such other committees as
    18  may be necessary
    19  providing reasonable standards and procedures:
    20  (i) for the establishment of committees, and
    21  (ii) governing any general or specific delegation of any
    22  authority or function of the Interstate Commission;
    23  providing reasonable procedures for calling and conducting
    24  meetings of the Interstate Commission, and ensuring reasonable
    25  notice of each such meeting;
    26  establishing the titles and responsibilities of the officers of
    27  the Interstate Commission;
    28  providing reasonable standards and procedures for the
    29  establishment of the personnel policies and programs of the
    30  Interstate Commission. Notwithstanding any civil service or
    20010S0391B0404                 - 10 -

     1  other similar laws of any Compacting State, the By-laws shall
     2  exclusively govern the personnel policies and programs of the
     3  Interstate Commission; and
     4  providing a mechanism for winding up the operations of the
     5  Interstate Commission and the equitable return of any surplus
     6  funds that may exist upon the termination of the Compact after
     7  the payment and/or reserving of all of its debts and
     8  obligations;
     9  providing transition rules for "start up" administration of the
    10  compact;
    11  establishing standards and procedures for compliance and
    12  technical assistance in carrying out the compact.
    13  Section B.  Officers and Staff
    14  The Interstate Commission shall, by a majority of the Members,
    15  elect from among its Members a chairperson and a vice
    16  chairperson, each of whom shall have such authorities and duties
    17  as may be specified in the By-laws. The chairperson or, in his
    18  or her absence or disability, the vice chairperson, shall
    19  preside at all meetings of the Interstate Commission. The
    20  Officers so elected shall serve without compensation or
    21  remuneration from the Interstate Commission; PROVIDED THAT,
    22  subject to the availability of budgeted funds, the officers
    23  shall be reimbursed for any actual and necessary costs and
    24  expenses incurred by them in the performance of their duties and
    25  responsibilities as officers of the Interstate Commission.
    26  The Interstate Commission shall, through its executive
    27  committee, appoint or retain an executive director for such
    28  period, upon such terms and conditions and for such compensation
    29  as the Interstate Commission may deem appropriate. The executive
    30  director shall serve as secretary to the Interstate Commission,
    20010S0391B0404                 - 11 -

     1  and hire and supervise such other staff as may be authorized by
     2  the Interstate Commission, but shall not be a member.
     3  Section C.  Corporate Records of the Interstate Commission
     4  The Interstate Commission shall maintain its corporate books and
     5  records in accordance with the By-laws.
     6  Section D.  Qualified Immunity, Defense and Indemnification
     7  The Members, officers, executive director and employees of the
     8  Interstate Commission shall be immune from suit and liability,
     9  either personally or in their official capacity, for any claim
    10  for damage to or loss of property or personal injury or other
    11  civil liability caused or arising out of any actual or alleged
    12  act, error or omission that occurred within the scope of
    13  Interstate Commission employment, duties or responsibilities;
    14  PROVIDED, that nothing in this paragraph shall be construed to
    15  protect any such person from suit and/or liability for any
    16  damage, loss injury or liability caused by the intentional or
    17  willful and wanton misconduct of any such person.
    18  The Interstate Commission shall defend the Commissioner of a
    19  Compacting State, or his or her representatives or employees, or
    20  the Interstate Commission's representatives or employees, in any
    21  civil action seeking to impose liability, arising out of any
    22  actual or alleged act, error or omission that occurred within
    23  the scope of Interstate Commission employment, duties or
    24  responsibilities, or that the defendant had a reasonable basis
    25  for believing occurred within the scope of Interstate Commission
    26  employment, duties or responsibilities; PROVIDED, that the
    27  actual or alleged act, error or omission did not result from
    28  intentional wrongdoing on the part of such person.
    29  The Interstate Commission shall indemnify and hold the
    30  Commissioner of a Compacting State, the appointed designee or
    20010S0391B0404                 - 12 -

     1  employees, or the Interstate Commission's representatives or
     2  employees, harmless in the amount of any settlement or judgment
     3  obtained against such persons arising out of any actual or
     4  alleged act, error or omission that occurred within the scope of
     5  Interstate Commission employment, duties or responsibilities, or
     6  that such persons had a reasonable basis for believing occurred
     7  within the scope of Interstate Commission employment, duties or
     8  responsibilities, PROVIDED, that the actual or alleged act,
     9  error or omission did not result from gross negligence or
    10  intentional wrongdoing on the part of such person.
    11                            ARTICLE VII
    12              ACTIVITIES OF THE INTERSTATE COMMISSION
    13  The Interstate Commission shall meet and take such actions as
    14  are consistent with the provisions of this Compact.
    15  Except as otherwise provided in this Compact and unless a
    16  greater percentage is required by the By-laws, in order to
    17  constitute an act of the Interstate Commission, such act shall
    18  have been taken at a meeting of the Interstate Commission and
    19  shall have received an affirmative vote of a majority of the
    20  members present.
    21  Each Member of the Interstate Commission shall have the right
    22  and power to cast a vote to which that Compacting State is
    23  entitled and to participate in the business and affairs of the
    24  Interstate Commission. A Member shall vote in person on behalf
    25  of the state and shall not delegate a vote to another member
    26  state. However, a State Council shall appoint another authorized
    27  representative, in the absence of the commissioner from that
    28  state, to cast a vote on behalf of the member state at a
    29  specified meeting. The By-laws may provide for Members'
    30  participation in meetings by telephone or other means of
    20010S0391B0404                 - 13 -

     1  telecommunication or electronic communication. Any voting
     2  conducted by telephone, or other means of telecommunication or
     3  electronic communication shall be subject to the same quorum
     4  requirements of meetings where members are present in person.
     5  The Interstate Commission shall meet at least once during each
     6  calendar year. The chairperson of the Interstate Commission may
     7  call additional meetings at any time and, upon the request of a
     8  majority of the Members, shall call additional meetings.
     9  The Interstate Commission's By-laws shall establish conditions
    10  and procedures under which the Interstate Commission shall make
    11  its information and official records available to the public for
    12  inspection or copying. The Interstate Commission may exempt from
    13  disclosure any information or official records to the extent
    14  they would adversely affect personal privacy rights or
    15  proprietary interests. In promulgating such Rules, the
    16  Interstate Commission may make available to law enforcement
    17  agencies records and information otherwise exempt from
    18  disclosure, and may enter into agreements with law enforcement
    19  agencies to receive or exchange information or records subject
    20  to nondisclosure and confidentiality provisions.
    21  Public notice shall be given of all meetings and all meetings
    22  shall be open to the public, except as set forth in the Rules or
    23  as otherwise provided in the Compact. The Interstate Commission
    24  shall promulgate Rules consistent with the principles contained
    25  in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as
    26  may be amended. The Interstate Commission and any of its
    27  committees may close a meeting to the public where it determines
    28  by two-thirds vote that an open meeting would be likely to:
    29     relate solely to the Interstate Commission's internal
    30     personnel practices and procedures;
    20010S0391B0404                 - 14 -

     1     disclose matters specifically exempted from disclosure
     2     by statute;
     3     disclose trade secrets or commercial or financial
     4     information which is privileged or confidential;
     5     involve accusing any person of a crime, or formally censuring
     6     any person;
     7     disclose information of a personal nature where disclosure
     8     would constitute a clearly unwarranted invasion of personal
     9     privacy;
    10     disclose investigatory records compiled for law enforcement
    11     purposes;
    12     disclose information contained in or related to examination,
    13     operating or condition reports prepared by, or on behalf of
    14     or for the use of, the Interstate Commission with respect to
    15     a regulated entity for the purpose of regulation or
    16     supervision of such entity;
    17     disclose information, the premature disclosure of which would
    18     significantly endanger the life of a person or the stability
    19     of a regulated entity;
    20     specifically relate to the Interstate Commission's issuance
    21     of a subpoena, or its participation in a civil action or
    22     proceeding.
    23  For every meeting closed pursuant to this provision, the
    24  Interstate Commission's chief legal officer shall publicly
    25  certify that, in his or her opinion, the meeting may be closed
    26  to the public, and shall reference each relevant exemptive
    27  provision. The Interstate Commission shall keep minutes which
    28  shall fully and clearly describe all matters discussed in any
    29  meeting and shall provide a full and accurate summary of any
    30  actions taken, and the reasons therefor, including a description
    20010S0391B0404                 - 15 -

     1  of each of the views expressed on any item and the record of any
     2  rollcall vote (reflected in the vote of each Member on the
     3  question). All documents considered in connection with any
     4  action shall be identified in such minutes.
     5  The Interstate Commission shall collect standardized data
     6  concerning the interstate movement of offenders as directed
     7  through its By-laws and Rules which shall specify the data to be
     8  collected and the means of collection and data exchange and
     9  reporting requirements.
    10                            ARTICLE VIII
    11         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
    12  The Interstate Commission shall promulgate Rules in order to
    13  effectively and efficiently achieve the purposes of the Compact
    14  including transition rules governing administration of the
    15  compact during the period in which it is being considered and
    16  enacted by the states;
    17  Rulemaking shall occur pursuant to the criteria set forth in
    18  this Article and the By-laws and Rules adopted pursuant thereto.
    19  Such rulemaking shall substantially conform to the principles of
    20  the "Federal Administrative Procedure Act," 5 U.S.C.S. section
    21  551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S.
    22  app. 2, section 1 et seq., as may be amended (hereinafter
    23  "APA").
    24  All Rules and amendments shall become binding as of the date
    25  specified in each Rule or amendment.
    26  If a majority of the legislatures of the Compacting States
    27  rejects a Rule, by enactment of a statute or resolution in the
    28  same manner used to adopt the compact, then such Rule shall have
    29  no further force and effect in any Compacting State.
    30  When promulgating a Rule, the Interstate Commission shall:
    20010S0391B0404                 - 16 -

     1     publish the proposed Rule stating with particularity the text
     2     of the Rule which is proposed and the reason for the proposed
     3     Rule;
     4     allow persons to submit written data, facts, opinions and
     5     arguments, which information shall be publicly available;
     6     provide an opportunity for an informal hearing; and
     7     promulgate a final Rule and its effective date, if
     8     appropriate, based on the rulemaking record.
     9  Not later than sixty days after a Rule is promulgated, any
    10  interested person may file a petition in the United States
    11  District Court for the District of Columbia or in the Federal
    12  District Court where the Interstate Commission's principal
    13  office is located for judicial review of such Rule. If the court
    14  finds that the Interstate Commission's action is not supported
    15  by substantial evidence, (as defined in the APA), in the
    16  rulemaking record, the court shall hold the Rule unlawful and
    17  set it aside.
    18  Subjects to be addressed within 12 months after the first
    19  meeting must at a minimum include:
    20     notice to victims and opportunity to be heard;
    21     offender registration and compliance;
    22     violations/returns;
    23     transfer procedures and forms;
    24     eligibility for transfer;
    25     collection of restitution and fees from offenders;
    26     data collection and reporting;
    27     the level of supervision to be provided by the receiving
    28     state;
    29     transition rules governing the operation of the compact and
    30     the Interstate Commission during all or part of the period
    20010S0391B0404                 - 17 -

     1     between the effective date of the compact and the date
     2     on which the last eligible state adopts the compact;
     3     mediation, arbitration and dispute resolution.
     4  The existing rules governing the operation of the previous
     5  compact superceded by this Act shall be null and void twelve
     6  (12) months after the first meeting of the Interstate Commission
     7  created hereunder.
     8  Upon determination by the Interstate Commission that an
     9  emergency exists, it may promulgate an emergency rule which
    10  shall become effective immediately upon adoption, provided that
    11  the usual rulemaking procedures provided hereunder shall be
    12  retroactively applied to said rule as soon as reasonably
    13  possible, in no event later than 90 days after the effective
    14  date of the rule.
    15                             ARTICLE IX
    16  OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE
    17                             COMMISSION
    18  Section A.  Oversight
    19  The Interstate Commission shall oversee the interstate movement
    20  of adult offenders in the compacting states and shall monitor
    21  such activities being administered in Non-compacting States
    22  which may significantly affect Compacting States.
    23  The courts and executive agencies in each Compacting State shall
    24  enforce this Compact and shall take all actions necessary and
    25  appropriate to effectuate the Compact's purposes and intent. In
    26  any judicial or administrative proceeding in a Compacting State
    27  pertaining to the subject matter of this Compact which may
    28  affect the powers, responsibilities or actions of the Interstate
    29  Commission, the Interstate Commission shall be entitled to
    30  receive all service of process in any such proceeding, and shall
    20010S0391B0404                 - 18 -

     1  have standing to intervene in the proceeding for all purposes.
     2  Section B.  Dispute Resolution
     3  The Compacting States shall report to the Interstate Commission
     4  on issues or activities of concern to them, and cooperate with
     5  and support the Interstate Commission in the discharge of its
     6  duties and responsibilities.
     7  The Interstate Commission shall attempt to resolve any disputes
     8  or other issues which are subject to the compact and which may
     9  arise among Compacting States and Non-compacting States.
    10  The Interstate Commission shall enact a By-law or promulgate a
    11  Rule providing for both mediation and binding dispute resolution
    12  for disputes among the Compacting States.
    13  Section C.  Enforcement
    14  The Interstate Commission, in the reasonable exercise of its
    15  discretion, shall enforce the provisions of this compact using
    16  any or all means set forth in Article XII, Section B, of this
    17  compact.
    18                             ARTICLE X
    19                              FINANCE
    20  The Interstate Commission shall pay or provide for the payment
    21  of the reasonable expenses of its establishment, organization
    22  and ongoing activities.
    23  The Interstate Commission shall levy on and collect an annual
    24  assessment from each Compacting State to cover the cost of the
    25  internal operations and activities of the Interstate Commission
    26  and its staff which must be in a total amount sufficient to
    27  cover the Interstate Commission's annual budget as approved each
    28  year. The aggregate annual assessment amount shall be allocated
    29  based upon a formula to be determined by the Interstate
    30  Commission, taking into consideration the population of the
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     1  state and the volume of interstate movement of offenders in each
     2  Compacting State and shall promulgate a Rule binding upon all
     3  Compacting States which governs said assessment.
     4  The Interstate Commission shall not incur any obligations of any
     5  kind prior to securing the funds adequate to meet the same; nor
     6  shall the Interstate Commission pledge the credit of any of the
     7  compacting states, except by and with the authority of the
     8  compacting state.
     9  The Interstate Commission shall keep accurate accounts of all
    10  receipts and disbursements. The receipts and disbursements of
    11  the Interstate Commission shall be subject to the audit and
    12  accounting procedures established under its By-laws. However,
    13  all receipts and disbursements of funds handled by the
    14  Interstate Commission shall be audited yearly by a certified or
    15  licensed public accountant and the report of the audit shall be
    16  included in and become part of the annual report of the
    17  Interstate Commission.
    18                             ARTICLE XI
    19          COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
    20  Any state, as defined in Article II of this compact, is eligible
    21  to become a Compacting State. The Compact shall become effective
    22  and binding upon legislative enactment of the Compact into law
    23  by no less than 35 of the States. The initial effective date
    24  shall be the later of July 1, 2001, or upon enactment into law
    25  by the 35th jurisdiction. Thereafter it shall become effective
    26  and binding, as to any other Compacting State, upon enactment of
    27  the Compact into law by that State. The governors of Non-member
    28  states or their designees will be invited to participate in
    29  Interstate Commission activities on a non-voting basis prior to
    30  adoption of the compact by all states and territories of the
    20010S0391B0404                 - 20 -

     1  United States.
     2  Amendments to the Compact may be proposed by the Interstate
     3  Commission for enactment by the Compacting States. No amendment
     4  shall become effective and binding upon the Interstate
     5  Commission and the Compacting States unless and until it is
     6  enacted into law by unanimous consent of the Compacting States.
     7                            ARTICLE XII
     8     WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
     9  Section A.  Withdrawal
    10  Once effective, the Compact shall continue in force and remain
    11  binding upon each and every Compacting State; PROVIDED, that a
    12  Compacting State may withdraw from the Compact ("Withdrawing
    13  State") by enacting a statute specifically repealing the statute
    14  which enacted the Compact into law.
    15  The effective date of withdrawal is the effective date of the
    16  repeal.
    17  The Withdrawing State shall immediately notify the chairperson
    18  of the Interstate Commission in writing upon the introduction of
    19  legislation repealing this Compact in the Withdrawing State.
    20  The Interstate Commission shall notify the other Compacting
    21  States of the Withdrawing State's intent to withdraw within
    22  sixty days of its receipt thereof.
    23  The Withdrawing State is responsible for all assessments,
    24  obligations and liabilities incurred through the effective date
    25  of withdrawal, including any obligations, the performance of
    26  which extend beyond the effective date of withdrawal.
    27  Reinstatement following withdrawal of any Compacting State shall
    28  occur upon the Withdrawing State reenacting the Compact or upon
    29  such later date as determined by the Interstate Commission.
    30  Section B.  Default
    20010S0391B0404                 - 21 -

     1  If the Interstate Commission determines that any Compacting
     2  State has at any time defaulted ("Defaulting State") in the
     3  performance of any of its obligations or responsibilities under
     4  this Compact, the By-laws or any duly promulgated Rules the
     5  Interstate Commission may impose any or all of the following
     6  penalties:
     7  Fines, fees and costs in such amounts as are deemed to be
     8  reasonable as fixed by the Interstate Commission;
     9  Remedial training and technical assistance as directed by the
    10  Interstate Commission;
    11  Suspension and termination of membership in the compact.
    12  Suspension shall be imposed only after all other reasonable
    13  means of securing compliance under the By-laws and Rules have
    14  been exhausted. Immediate notice of suspension shall be given by
    15  the Interstate Commission to the Governor, the Chief Justice or
    16  Chief Judicial Officer of the state; the majority and minority
    17  leaders of the defaulting state's legislature, and the State
    18  Council.
    19  The grounds for default include, but are not limited to, failure
    20  of a Compacting State to perform such obligations or
    21  responsibilities imposed upon it by this compact, Interstate
    22  Commission By-laws, or duly promulgated Rules. The Interstate
    23  Commission shall immediately notify the Defaulting State in
    24  writing of the penalty imposed by the Interstate Commission on
    25  the Defaulting State pending a cure of the default. The
    26  Interstate Commission shall stipulate the conditions and the
    27  time period within which the Defaulting State must cure its
    28  default. If the Defaulting State fails to cure the default
    29  within the time period specified by the Interstate Commission,
    30  in addition to any other penalties imposed herein, the
    20010S0391B0404                 - 22 -

     1  Defaulting State may be terminated from the Compact upon an
     2  affirmative vote of a majority of the Compacting States and all
     3  rights, privileges and benefits conferred by this Compact shall
     4  be terminated from the effective date of suspension. Within
     5  sixty days of the effective date of termination of a Defaulting
     6  State, the Interstate Commission shall notify the Governor, the
     7  Chief Justice or Chief Judicial Officer and the Majority and
     8  Minority Leaders of the Defaulting State's legislature and the
     9  state council of such termination.
    10  The Defaulting State is responsible for all assessments,
    11  obligations and liabilities incurred through the effective date
    12  of termination including any obligations, the performance of
    13  which extends beyond the effective date of termination.
    14  The Interstate Commission shall not bear any costs relating to
    15  the Defaulting State unless otherwise mutually agreed upon
    16  between the Interstate Commission and the Defaulting State.
    17  Reinstatement following termination of any Compacting State
    18  requires both a reenactment of the Compact by the Defaulting
    19  State and the approval of the Interstate Commission pursuant to
    20  the Rules.
    21  Section C.  Judicial Enforcement
    22  The Interstate Commission may, by majority vote of the Members,
    23  initiate legal action in the United States District Court for
    24  the District of Columbia or, at the discretion of the Interstate
    25  Commission, in the Federal District where the Interstate
    26  Commission has its offices to enforce compliance with the
    27  provisions of the Compact, its duly promulgated Rules and By-
    28  laws, against any Compacting State in default. In the event
    29  judicial enforcement is necessary the prevailing party shall be
    30  awarded all costs of such litigation including reasonable
    20010S0391B0404                 - 23 -

     1  attorneys fees.
     2  Section D.  Dissolution of Compact
     3  The Compact dissolves effective upon the date of the withdrawal
     4  or default of the Compacting State which reduces membership in
     5  the Compact to one Compacting State.
     6  Upon the dissolution of this Compact, the Compact becomes null
     7  and void and shall be of no further force or effect, and the
     8  business and affairs of the Interstate Commission shall be wound
     9  up and any surplus funds shall be distributed in accordance with
    10  the By-laws.
    11                            ARTICLE XIII
    12                   SEVERABILITY AND CONSTRUCTION
    13  The provisions of this Compact shall be severable, and if any
    14  phrase, clause, sentence or provision is deemed unenforceable,
    15  the remaining provisions of the Compact shall be enforceable.
    16  The provisions of this Compact shall be liberally constructed to
    17  effectuate its purposes.
    18                            ARTICLE XIV
    19              BINDING EFFECT OF COMPACT AND OTHER LAWS
    20  Section A.  Other Laws
    21  Nothing herein prevents the enforcement of any other law of a
    22  Compacting State that is not inconsistent with this Compact.
    23  All Compacting States' laws conflicting with this Compact are
    24  superseded to the extent of the conflict.
    25  Section B.  Binding Effect of the Compact
    26  All lawful actions of the Interstate Commission, including all
    27  Rules and By-laws promulgated by the Interstate Commission, are
    28  binding upon the Compacting States.
    29  All agreements between the Interstate Commission and the
    30  Compacting States are binding in accordance with their terms.
    20010S0391B0404                 - 24 -

     1  Upon the request of a party to a conflict over meaning or
     2  interpretation of Interstate Commission actions, and upon a
     3  majority vote of the Compacting States, the Interstate
     4  Commission may issue advisory opinions regarding such meaning or
     5  interpretation.
     6  In the event any provision of this Compact exceeds the
     7  constitutional limits imposed on the legislature of any
     8  Compacting State, the obligations, duties, powers or
     9  jurisdiction sought to be conferred by such provision upon the
    10  Interstate Commission shall be ineffective and such obligations,
    11  duties, powers or jurisdiction shall remain in the Compacting
    12  State and shall be exercised by the agency thereof to which such
    13  obligations, duties, powers or jurisdiction are delegated by law
    14  in effect at the time this Compact becomes effective.
    15  Section 3.  When and how compact becomes operative.
    16     (a)  General rule.--When the Governor executes the Interstate
    17  Compact for the Supervision of Adult Offenders on behalf of this
    18  State and files a verified copy thereof with the Secretary of
    19  the Commonwealth and when the compact is ratified by one or more
    20  other states, then the compact shall become operative and
    21  effective between this State and such other state or states. The
    22  Governor is hereby authorized and directed to take such action
    23  as may be necessary to complete the exchange of official
    24  documents between this State and any other state ratifying the
    25  compact.
    26     (b)  Notice in Pennsylvania Bulletin.--The Secretary of the
    27  Commonwealth shall publish a notice in the Pennsylvania Bulletin
    28  when the conditions set forth in subsection (a) are satisfied
    29  and shall include in the notice the date on which the compact
    30  became effective and operative between this State and any other
    20010S0391B0404                 - 25 -

     1  state or states in accordance with this act.
     2  Section 4.  Compensation and expenses of compact administrator.
     3     The compact administrator who represents this State, as
     4  provided for in Article IV of the Interstate Compact for the
     5  Supervision of Adult Offenders, shall not be entitled to any
     6  additional compensation for his duties and responsibilities as
     7  compact administrator but shall be entitled to reimbursement for
     8  reasonable expenses actually incurred in connection with his
     9  duties and responsibilities as compact administrator in the same
    10  manner as for expenses incurred in connection with other duties
    11  and responsibilities of his office or employment.
    12  Section 5.  Repeals.
    13     The following acts and parts of acts are repealed:
    14     The act of June 25, 1937 (P.L.2086, No.415), entitled "An act
    15  providing for the making of compacts by the Commonwealth with
    16  other states for mutual helpfulness in relation to persons on
    17  probation or parole; and imposing certain powers and duties on
    18  the Governor and the Board of Pardons."
    19     The act of July 20, 1968 (P.L.441, No.207), entitled "An act
    20  providing for the incarceration of probationers or parolees in
    21  certain other states under certain circumstances."
    22  Section 6.  Effective date.
    23     This act shall take effect as follows:
    24     Sections 1, 2, 3, 4 and this section shall take effect
    25  immediately.
    26     Section 5 shall take effect on the date that the Interstate
    27  Compact for the Supervision of Adult Offenders becomes effective
    28  and operative between this State and any other state or states
    29  in accordance with section 3 of this act.

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