HOUSE AMENDED PRIOR PRINTER'S NOS. 404, 1720 PRINTER'S NO. 1903
No. 391 Session of 2001
INTRODUCED BY GREENLEAF, COSTA, LEMMOND, EARLL, GERLACH, O'PAKE, HOLL, KITCHEN, SCHWARTZ, STACK, TARTAGLIONE AND THOMPSON, FEBRUARY 8, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 16, 2002
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
1 and sex offender registration; and 2 Whereas, After hearings, national surveys and a detailed 3 study by a task force appointed by the National Institute of 4 Corrections, the overwhelming recommendation has been to amend 5 the document to bring about an effective management capacity 6 that addresses public safety concerns and offender 7 accountability; and 8 Whereas, Upon the adoption of this Interstate Compact for 9 Adult Offender Supervision, it is the intention of the 10 legislature to repeal the previous Interstate Compact for the 11 Supervision of Parolees and Probationers on the effective date 12 of this Compact. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Short title. 16 This act shall be known and may be cited as the Interstate 17 Compact for the Supervision of Adult Offenders Act. 18 Section 2. Authority to execute compact. 19 The Governor of Pennsylvania, on behalf of this State, is 20 hereby authorized to execute a compact in substantially the 21 following form with any one or more of the states of the United 22 States and the General Assembly hereby signifies in advance its 23 approval and ratification of such compact: 24 ARTICLE I 25 PURPOSE 26 The compacting states to this Interstate Compact recognize that 27 each state is responsible for the supervision of adult offenders 28 in the community who are authorized pursuant to the Bylaws and 29 Rules of this compact to travel across state lines both to and 30 from each compacting state in such a manner as to track the 20010S0391B1903 - 2 -
1 location of offenders, transfer supervision authority in an 2 orderly and efficient manner, and when necessary return 3 offenders to the originating jurisdictions. The compacting 4 states also recognize that Congress, by enacting the Crime 5 Control Act, 4 U.S.C. Section 112, has authorized and encouraged 6 compacts for cooperative efforts and mutual assistance in the 7 prevention of crime. It is the purpose of this compact and the 8 Interstate Commission created hereunder, through means of joint 9 and cooperative action among the compacting states: to provide 10 the framework for the promotion of public safety and protect the 11 rights of victims through the control and regulation of the 12 interstate movement of offenders in the community; to provide 13 for the effective tracking, supervision, and rehabilitation of 14 these offenders by the sending and receiving states; and to 15 equitably distribute the costs, benefits and obligations of the 16 compact among the compacting states. In addition, this compact 17 will: create an Interstate Commission which will establish 18 uniform procedures to manage the movement between states of 19 adults placed under community supervision and released to the 20 community under the jurisdiction of courts, paroling 21 authorities, corrections or other criminal justice agencies 22 which will promulgate rules to achieve the purpose of this 23 compact; ensure an opportunity for input and timely notice to 24 victims and to jurisdictions where defined offenders are 25 authorized to travel or to relocate across state lines; 26 establish a system of uniform data collection, access to 27 information on active cases by authorized criminal justice 28 officials, and regular reporting of Compact activities to heads 29 of state councils, state executive, judicial, and legislative 30 branches and criminal justice administrators; monitor compliance 20010S0391B1903 - 3 -
1 with rules governing interstate movement of offenders and 2 initiate interventions to address and correct non-compliance; 3 and coordinate training and education regarding regulations of 4 interstate movement of offenders for officials involved in such 5 activity. The compacting states recognize that there is no 6 "right" of any offender to live in another state and that duly 7 accredited officers of a sending state may at all times enter a 8 receiving state and there apprehend and retake any offender 9 under supervision subject to the provisions of this compact and 10 Bylaws and Rules promulgated hereunder. It is the policy of the 11 compacting states that the activities conducted by the 12 Interstate Commission created herein are the formation of public 13 policies and are therefore public business. 14 ARTICLE II 15 DEFINITIONS 16 As used in this compact, unless the context clearly requires a 17 different construction: 18 "Adult" means both individuals legally classified as adults 19 and juveniles treated as adults by court order, statute, or 20 operation of law. 21 "By-laws" means those by-laws established by the Interstate 22 Commission for its governance, or for directing or controlling 23 the Interstate Commission's actions or conduct. 24 "Compact Administrator" means the individual in each 25 compacting state appointed pursuant to the terms of this compact 26 responsible for the administration and management of the state's 27 supervision and transfer of offenders subject to the terms of 28 this compact, the rules adopted by the Interstate Commission and 29 policies adopted by the State Council under this compact. 30 "Compacting state" means any state which has enacted the 20010S0391B1903 - 4 -
1 enabling legislation for this compact. 2 "Commissioner" means the voting representative of each 3 compacting state appointed pursuant to Article III of this 4 compact. 5 "Interstate Commission" means the Interstate Commission for 6 Adult Offender Supervision established by this compact. 7 "Member" means the commissioner of a compacting state or 8 designee, who shall be a person officially connected with the 9 commissioner. 10 "Non Compacting state" means any state which has not enacted 11 the enabling legislation for this compact. 12 "Offender" means an adult placed under, or subject, to 13 supervision as the result of the commission of a criminal 14 offense and released to the community under the jurisdiction of 15 courts, paroling authorities, corrections, or other criminal 16 justice agencies. 17 "Person" means any individual, corporation, business 18 enterprise, or other legal entity, either public or private. 19 "Rules" means acts of the Interstate Commission, duly 20 promulgated pursuant to Article VIII of this compact, 21 substantially affecting interested parties in addition to the 22 Interstate Commission, which shall have the force and effect of 23 law in the compacting states. 24 "State" means a state of the United States, the District of 25 Columbia and any other territorial possessions of the United 26 States. 27 "State Council" means the resident members of the State 28 Council for Interstate Adult Offender Supervision created by 29 each state under Article III of this compact. 30 ARTICLE III 20010S0391B1903 - 5 -
1 THE COMPACT COMMISSION 2 The compacting states hereby create the "Interstate Commission 3 for Adult Offender Supervision." The Interstate Commission shall 4 be a body corporate and joint agency of the compacting states. 5 The Interstate Commission shall have all the responsibilities, 6 powers and duties set forth herein, including the power to sue 7 and be sued, and such additional powers as may be conferred upon 8 it by subsequent action of the respective legislatures of the 9 compacting states in accordance with the terms of this compact. 10 The Interstate Commission shall consist of Commissioners 11 selected and appointed by resident members of a State Council 12 for Interstate Adult Offender Supervision for each state. 13 In addition to the Commissioners who are the voting 14 representatives of each state, the Interstate Commission shall 15 include individuals who are not commissioners but who are 16 members of interested organizations; such non-commissioner 17 members must include a member of the national organizations of 18 governors, legislators, state chief justices, attorneys general 19 and crime victims. All non-commissioner members of the 20 Interstate Commission shall be ex-officio (nonvoting) members. 21 The Interstate Commission may provide in its by-laws for such 22 additional, ex-officio, non-voting members as it deems 23 necessary. 24 Each compacting state represented at any meeting of the 25 Interstate Commission is entitled to one vote. A majority of the 26 compacting states shall constitute a quorum for the transaction 27 of business, unless a larger quorum is required by the by-laws 28 of the Interstate Commission. 29 The Interstate Commission shall meet at least once each calendar 30 year. The chairperson may call additional meetings and, upon the 20010S0391B1903 - 6 -
1 request of 27 or more compacting states, shall call additional 2 meetings. Public notice shall be given of all meetings and 3 meetings shall be open to the public. 4 The Interstate Commission shall establish an Executive Committee 5 which shall include commission officers, members and others as 6 shall be determined by the By-laws. The Executive Committee 7 shall have the power to act on behalf of the Interstate 8 Commission during periods when the Interstate Commission is not 9 in session, with the exception of rulemaking and/or amendment to 10 the Compact. The Executive Committee oversees the day-to-day 11 activities managed by the Executive Director and Interstate 12 Commission staff; administers enforcement and compliance with 13 the provisions of the compact, its by-laws and as directed by 14 the Interstate Commission and performs other duties as directed 15 by Commission or set forth in the By-laws. 16 ARTICLE IV 17 THE STATE COUNCIL 18 Each member state shall create a State Council for Interstate 19 Adult Offender Supervision which shall be responsible for the 20 appointment of the commissioner who shall serve on the 21 Interstate Commission from that state. Each state council shall 22 appoint as its commissioner the Compact Administrator from that 23 state to serve on the Interstate Commission in such capacity 24 under or pursuant to applicable law of the member state. While 25 each member state may determine the membership of its own state 26 council, its membership must include at least one representative 27 from the legislative, judicial, and executive branches of 28 government, victims groups and compact administrators. Each 29 compacting state retains the right to determine the 30 qualifications of the Compact Administrator who shall be 20010S0391B1903 - 7 -
1 appointed by the state council or by the Governor in 2 consultation with the Legislature and the Judiciary. In addition 3 to appointment of its commissioner to the National Interstate 4 Commission, each state council shall exercise oversight and 5 advocacy concerning its participation in Interstate Commission 6 activities and other duties as may be determined by each member 7 state including but not limited to, development of policy 8 concerning operations and procedures of the compact within that 9 state. 10 ARTICLE V 11 POWERS AND DUTIES OF THE INTERSTATE COMMISSION 12 The Interstate Commission shall have the following powers: 13 To adopt a seal and suitable by-laws governing the management 14 and operation of the Interstate Commission. 15 To promulgate rules which shall have the force and effect of 16 statutory law and shall be binding in the compacting states to 17 the extent and in the manner provided in this compact. 18 To oversee, supervise and coordinate the interstate movement 19 of offenders subject to the terms of this compact and any 20 by-laws adopted and rules promulgated by the compact 21 commission. 22 To enforce compliance with compact provisions, Interstate 23 Commission rules, and by-laws, using all necessary and proper 24 means, including but not limited to, the use of judicial 25 process. 26 To establish and maintain offices. 27 To purchase and maintain insurance and bonds. 28 To borrow, accept, or contract for services of personnel, 29 including, but not limited to, members and their staffs. 30 To establish and appoint committees and hire staff which 20010S0391B1903 - 8 -
1 it deems necessary for the carrying out of its functions 2 including, but not limited to, an executive committee as 3 required by Article III which shall have the power to act on 4 behalf of the Interstate Commission in carrying out its 5 powers and duties hereunder. 6 To elect or appoint such officers, attorneys, employees, 7 agents, or consultants, and to fix their compensation, define 8 their duties and determine their qualifications; and to 9 establish the Interstate Commission's personnel policies 10 and programs relating to, among other things, 11 conflicts of interest, rates of compensation, and 12 qualifications of personnel. 13 To accept any and all donations and grants of money, 14 equipment, supplies, materials, and services, and to 15 receive, utilize, and dispose of same. 16 To lease, purchase, accept contributions or donations of, or 17 otherwise to own, hold, improve or use any property, real, 18 personal, or mixed. 19 To sell, convey, mortgage, pledge, lease, exchange, abandon, 20 or otherwise dispose of any property, real, personal 21 or mixed. 22 To establish a budget and make expenditures and levy dues as 23 provided in Article X of this compact. 24 To sue and be sued. 25 To provide for dispute resolution among Compacting States. 26 To perform such functions as may be necessary or 27 appropriate to achieve the purposes of this compact. 28 To report annually to the legislatures, governors, judiciary, 29 and state councils of the compacting states concerning the 30 activities of the Interstate Commission during the preceding 20010S0391B1903 - 9 -
1 year. 2 Such reports shall also include any recommendations that may 3 have been adopted by the Interstate Commission. 4 To coordinate education, training and public awareness 5 regarding the interstate movement of offenders for officials 6 involved in such activity. 7 To establish uniform standards for the reporting, collecting, 8 and exchanging of data. 9 ARTICLE VI 10 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 11 Section A. By-laws 12 The Interstate Commission shall, by a majority of the Members, 13 within twelve months of the first Interstate Commission meeting, 14 adopt By-laws to govern its conduct as may be necessary or 15 appropriate to carry out the purposes of the Compact, including, 16 but not limited to: 17 establishing the fiscal year of the Interstate Commission; 18 establishing an executive committee and such other committees as 19 may be necessary 20 providing reasonable standards and procedures: 21 (i) for the establishment of committees, and 22 (ii) governing any general or specific delegation of any 23 authority or function of the Interstate Commission; 24 providing reasonable procedures for calling and conducting 25 meetings of the Interstate Commission, and ensuring reasonable 26 notice of each such meeting; 27 establishing the titles and responsibilities of the officers of 28 the Interstate Commission; 29 providing reasonable standards and procedures for the 30 establishment of the personnel policies and programs of the 20010S0391B1903 - 10 -
1 Interstate Commission. Notwithstanding any civil service or 2 other similar laws of any Compacting State, the By-laws shall 3 exclusively govern the personnel policies and programs of the 4 Interstate Commission; and 5 providing a mechanism for winding up the operations of the 6 Interstate Commission and the equitable return of any surplus 7 funds that may exist upon the termination of the Compact after 8 the payment and/or reserving of all of its debts and 9 obligations; 10 providing transition rules for "start up" administration of the 11 compact; 12 establishing standards and procedures for compliance and 13 technical assistance in carrying out the compact. 14 Section B. Officers and Staff 15 The Interstate Commission shall, by a majority of the Members, 16 elect from among its Members a chairperson and a vice 17 chairperson, each of whom shall have such authorities and duties 18 as may be specified in the By-laws. The chairperson or, in his 19 or her absence or disability, the vice chairperson, shall 20 preside at all meetings of the Interstate Commission. The 21 Officers so elected shall serve without compensation or 22 remuneration from the Interstate Commission; PROVIDED THAT, 23 subject to the availability of budgeted funds, the officers 24 shall be reimbursed for any actual and necessary costs and 25 expenses incurred by them in the performance of their duties and 26 responsibilities as officers of the Interstate Commission. 27 The Interstate Commission shall, through its executive 28 committee, appoint or retain an executive director for such 29 period, upon such terms and conditions and for such compensation 30 as the Interstate Commission may deem appropriate. The executive 20010S0391B1903 - 11 -
1 director shall serve as secretary to the Interstate Commission, 2 and hire and supervise such other staff as may be authorized by 3 the Interstate Commission, but shall not be a member. 4 Section C. Corporate Records of the Interstate Commission 5 The Interstate Commission shall maintain its corporate books and 6 records in accordance with the By-laws. 7 Section D. Qualified Immunity, Defense and Indemnification 8 The Members, officers, executive director and employees of the 9 Interstate Commission shall be immune from suit and liability, 10 either personally or in their official capacity, for any claim 11 for damage to or loss of property or personal injury or other 12 civil liability caused or arising out of any actual or alleged 13 act, error or omission that occurred within the scope of 14 Interstate Commission employment, duties or responsibilities; 15 PROVIDED, that nothing in this paragraph shall be construed to 16 protect any such person from suit and/or liability for any 17 damage, loss injury or liability caused by the intentional or 18 willful and wanton misconduct of any such person. 19 The Interstate Commission shall defend the Commissioner of a 20 Compacting State, or his or her representatives or employees, or 21 the Interstate Commission's representatives or employees, in any 22 civil action seeking to impose liability, arising out of any 23 actual or alleged act, error or omission that occurred within 24 the scope of Interstate Commission employment, duties or 25 responsibilities, or that the defendant had a reasonable basis 26 for believing occurred within the scope of Interstate Commission 27 employment, duties or responsibilities; PROVIDED, that the 28 actual or alleged act, error or omission did not result from 29 intentional wrongdoing on the part of such person. 30 The Interstate Commission shall indemnify and hold the 20010S0391B1903 - 12 -
1 Commissioner of a Compacting State, the appointed designee or 2 employees, or the Interstate Commission's representatives or 3 employees, harmless in the amount of any settlement or judgment 4 obtained against such persons arising out of any actual or 5 alleged act, error or omission that occurred within the scope of 6 Interstate Commission employment, duties or responsibilities, or 7 that such persons had a reasonable basis for believing occurred 8 within the scope of Interstate Commission employment, duties or 9 responsibilities, PROVIDED, that the actual or alleged act, 10 error or omission did not result from gross negligence or 11 intentional wrongdoing on the part of such person. 12 ARTICLE VII 13 ACTIVITIES OF THE INTERSTATE COMMISSION 14 The Interstate Commission shall meet and take such actions as 15 are consistent with the provisions of this Compact. 16 Except as otherwise provided in this Compact and unless a 17 greater percentage is required by the By-laws, in order to 18 constitute an act of the Interstate Commission, such act shall 19 have been taken at a meeting of the Interstate Commission and 20 shall have received an affirmative vote of a majority of the 21 members present. 22 Each Member of the Interstate Commission shall have the right 23 and power to cast a vote to which that Compacting State is 24 entitled and to participate in the business and affairs of the 25 Interstate Commission. A Member shall vote in person on behalf 26 of the state and shall not delegate a vote to another member 27 state. However, a State Council shall appoint another authorized 28 representative, in the absence of the commissioner from that 29 state, to cast a vote on behalf of the member state at a 30 specified meeting. The By-laws may provide for Members' 20010S0391B1903 - 13 -
1 participation in meetings by telephone or other means of 2 telecommunication or electronic communication. Any voting 3 conducted by telephone, or other means of telecommunication or 4 electronic communication shall be subject to the same quorum 5 requirements of meetings where members are present in person. 6 The Interstate Commission shall meet at least once during each 7 calendar year. The chairperson of the Interstate Commission may 8 call additional meetings at any time and, upon the request of a 9 majority of the Members, shall call additional meetings. 10 The Interstate Commission's By-laws shall establish conditions 11 and procedures under which the Interstate Commission shall make 12 its information and official records available to the public for 13 inspection or copying. The Interstate Commission may exempt from 14 disclosure any information or official records to the extent 15 they would adversely affect personal privacy rights or 16 proprietary interests. In promulgating such Rules, the 17 Interstate Commission may make available to law enforcement 18 agencies records and information otherwise exempt from 19 disclosure, and may enter into agreements with law enforcement 20 agencies to receive or exchange information or records subject 21 to nondisclosure and confidentiality provisions. 22 Public notice shall be given of all meetings and all meetings 23 shall be open to the public, except as set forth in the Rules or 24 as otherwise provided in the Compact. The Interstate Commission 25 shall promulgate Rules consistent with the principles contained 26 in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as 27 may be amended. The Interstate Commission and any of its 28 committees may close a meeting to the public where it determines 29 by two-thirds vote that an open meeting would be likely to: 30 relate solely to the Interstate Commission's internal 20010S0391B1903 - 14 -
1 personnel practices and procedures; 2 disclose matters specifically exempted from disclosure 3 by statute; 4 disclose trade secrets or commercial or financial 5 information which is privileged or confidential; 6 involve accusing any person of a crime, or formally censuring 7 any person; 8 disclose information of a personal nature where disclosure 9 would constitute a clearly unwarranted invasion of personal 10 privacy; 11 disclose investigatory records compiled for law enforcement 12 purposes; 13 disclose information contained in or related to examination, 14 operating or condition reports prepared by, or on behalf of 15 or for the use of, the Interstate Commission with respect to 16 a regulated entity for the purpose of regulation or 17 supervision of such entity; 18 disclose information, the premature disclosure of which would 19 significantly endanger the life of a person or the stability 20 of a regulated entity; 21 specifically relate to the Interstate Commission's issuance 22 of a subpoena, or its participation in a civil action or 23 proceeding. 24 For every meeting closed pursuant to this provision, the 25 Interstate Commission's chief legal officer shall publicly 26 certify that, in his or her opinion, the meeting may be closed 27 to the public, and shall reference each relevant exemptive 28 provision. The Interstate Commission shall keep minutes which 29 shall fully and clearly describe all matters discussed in any 30 meeting and shall provide a full and accurate summary of any 20010S0391B1903 - 15 -
1 actions taken, and the reasons therefor, including a description 2 of each of the views expressed on any item and the record of any 3 rollcall vote (reflected in the vote of each Member on the 4 question). All documents considered in connection with any 5 action shall be identified in such minutes. 6 The Interstate Commission shall collect standardized data 7 concerning the interstate movement of offenders as directed 8 through its By-laws and Rules which shall specify the data to be 9 collected and the means of collection and data exchange and 10 reporting requirements. 11 ARTICLE VIII 12 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 13 The Interstate Commission shall promulgate Rules in order to 14 effectively and efficiently achieve the purposes of the Compact 15 including transition rules governing administration of the 16 compact during the period in which it is being considered and 17 enacted by the states; 18 Rulemaking shall occur pursuant to the criteria set forth in 19 this Article and the By-laws and Rules adopted pursuant thereto. 20 Such rulemaking shall substantially conform to the principles of 21 the "Federal Administrative Procedure Act," 5 U.S.C.S. section 22 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. 23 app. 2, section 1 et seq., as may be amended (hereinafter 24 "APA"). 25 All Rules and amendments shall become binding as of the date 26 specified in each Rule or amendment. 27 If a majority of the legislatures of the Compacting States 28 rejects a Rule, by enactment of a statute or resolution in the 29 same manner used to adopt the compact, then such Rule shall have 30 no further force and effect in any Compacting State. 20010S0391B1903 - 16 -
1 When promulgating a Rule, the Interstate Commission shall: 2 publish the proposed Rule stating with particularity the text 3 of the Rule which is proposed and the reason for the proposed 4 Rule; 5 allow persons to submit written data, facts, opinions and 6 arguments, which information shall be publicly available; 7 provide an opportunity for an informal hearing; and 8 promulgate a final Rule and its effective date, if 9 appropriate, based on the rulemaking record. 10 Not later than sixty days after a Rule is promulgated, any 11 interested person may file a petition in the United States 12 District Court for the District of Columbia or in the Federal 13 District Court where the Interstate Commission's principal 14 office is located for judicial review of such Rule. If the court 15 finds that the Interstate Commission's action is not supported 16 by substantial evidence, (as defined in the APA), in the 17 rulemaking record, the court shall hold the Rule unlawful and 18 set it aside. 19 Subjects to be addressed within 12 months after the first 20 meeting must at a minimum include: 21 notice to victims and opportunity to be heard; 22 offender registration and compliance; 23 violations/returns; 24 transfer procedures and forms; 25 eligibility for transfer; 26 collection of restitution and fees from offenders; 27 data collection and reporting; 28 the level of supervision to be provided by the receiving 29 state; 30 transition rules governing the operation of the compact and 20010S0391B1903 - 17 -
1 the Interstate Commission during all or part of the period 2 between the effective date of the compact and the date 3 on which the last eligible state adopts the compact; 4 mediation, arbitration and dispute resolution. 5 The existing rules governing the operation of the previous 6 compact superceded by this Act shall be null and void twelve 7 (12) months after the first meeting of the Interstate Commission 8 created hereunder. 9 Upon determination by the Interstate Commission that an 10 emergency exists, it may promulgate an emergency rule which 11 shall become effective immediately upon adoption, provided that 12 the usual rulemaking procedures provided hereunder shall be 13 retroactively applied to said rule as soon as reasonably 14 possible, in no event later than 90 days after the effective 15 date of the rule. 16 ARTICLE IX 17 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE 18 COMMISSION 19 Section A. Oversight 20 The Interstate Commission shall oversee the interstate movement 21 of adult offenders in the compacting states and shall monitor 22 such activities being administered in Non-compacting States 23 which may significantly affect Compacting States. 24 The courts and executive agencies in each Compacting State shall 25 enforce this Compact and shall take all actions necessary and 26 appropriate to effectuate the Compact's purposes and intent. In 27 any judicial or administrative proceeding in a Compacting State 28 pertaining to the subject matter of this Compact which may 29 affect the powers, responsibilities or actions of the Interstate 30 Commission, the Interstate Commission shall be entitled to 20010S0391B1903 - 18 -
1 receive all service of process in any such proceeding, and shall 2 have standing to intervene in the proceeding for all purposes. 3 Section B. Dispute Resolution 4 The Compacting States shall report to the Interstate Commission 5 on issues or activities of concern to them, and cooperate with 6 and support the Interstate Commission in the discharge of its 7 duties and responsibilities. 8 The Interstate Commission shall attempt to resolve any disputes 9 or other issues which are subject to the compact and which may 10 arise among Compacting States and Non-compacting States. 11 The Interstate Commission shall enact a By-law or promulgate a 12 Rule providing for both mediation and binding dispute resolution 13 for disputes among the Compacting States. 14 Section C. Enforcement 15 The Interstate Commission, in the reasonable exercise of its 16 discretion, shall enforce the provisions of this compact using 17 any or all means set forth in Article XII, Section B, of this 18 compact. 19 Section D. Extradition 20 The duly accredited officers of a sending state may at all times 21 enter a receiving state, and there apprehend and retake any 22 person on probation or parole. For that purpose, no formalities 23 will be required other than establishing the authority of the 24 officer and the identity of the person to be retaken. All legal 25 requirements to OBTAIN extradition of fugitives from justice are <-- 26 hereby expressly waived on the part of states party hereto as to 27 such persons. THE DECISION OF THE SENDING STATE TO RETAKE A <-- 28 PERSON ON PROBATION OR PAROLE SHALL BE CONCLUSIVE UPON AND NOT 29 REVIEWABLE WITHIN THE RECEIVING STATE. If at the time when a 30 state seeks to retake a probationer or parolee, there should be 20010S0391B1903 - 19 -
1 pending against him within the receiving state any criminal 2 charge, or he is suspected of having committed within such state 3 a criminal offense, he shall not be retaken without the consent 4 of the receiving state until discharged from prosecution or from 5 imprisonment for such offense. The duly accredited officers of 6 the sending state will be permitted to transport prisoners being 7 retaken through any and all states parties to this compact 8 without interference. 9 ARTICLE X 10 FINANCE 11 The Interstate Commission shall pay or provide for the payment 12 of the reasonable expenses of its establishment, organization 13 and ongoing activities. 14 The Interstate Commission shall levy on and collect an annual 15 assessment from each Compacting State to cover the cost of the 16 internal operations and activities of the Interstate Commission 17 and its staff which must be in a total amount sufficient to 18 cover the Interstate Commission's annual budget as approved each 19 year. The aggregate annual assessment amount shall be allocated 20 based upon a formula to be determined by the Interstate 21 Commission, taking into consideration the population of the 22 state and the volume of interstate movement of offenders in each 23 Compacting State and shall promulgate a Rule binding upon all 24 Compacting States which governs said assessment. 25 The Interstate Commission shall not incur any obligations of any 26 kind prior to securing the funds adequate to meet the same; nor 27 shall the Interstate Commission pledge the credit of any of the 28 compacting states, except by and with the authority of the 29 compacting state. 30 The Interstate Commission shall keep accurate accounts of all 20010S0391B1903 - 20 -
1 receipts and disbursements. The receipts and disbursements of 2 the Interstate Commission shall be subject to the audit and 3 accounting procedures established under its By-laws. However, 4 all receipts and disbursements of funds handled by the 5 Interstate Commission shall be audited yearly by a certified or 6 licensed public accountant and the report of the audit shall be 7 included in and become part of the annual report of the 8 Interstate Commission. 9 ARTICLE XI 10 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT 11 Any state, as defined in Article II of this compact, is eligible 12 to become a Compacting State. The Compact shall become effective 13 and binding upon legislative enactment of the Compact into law 14 by no less than 35 of the States. The initial effective date 15 shall be the later of July 1, 2001, or upon enactment into law 16 by the 35th jurisdiction. Thereafter it shall become effective 17 and binding, as to any other Compacting State, upon enactment of 18 the Compact into law by that State. The governors of Non-member 19 states or their designees will be invited to participate in 20 Interstate Commission activities on a non-voting basis prior to 21 adoption of the compact by all states and territories of the 22 United States. 23 Amendments to the Compact may be proposed by the Interstate 24 Commission for enactment by the Compacting States. No amendment 25 shall become effective and binding upon the Interstate 26 Commission and the Compacting States unless and until it is 27 enacted into law by unanimous consent of the Compacting States. 28 ARTICLE XII 29 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT 30 Section A. Withdrawal 20010S0391B1903 - 21 -
1 Once effective, the Compact shall continue in force and remain 2 binding upon each and every Compacting State; PROVIDED, that a 3 Compacting State may withdraw from the Compact ("Withdrawing 4 State") by enacting a statute specifically repealing the statute 5 which enacted the Compact into law. 6 The effective date of withdrawal is the effective date of the 7 repeal. 8 The Withdrawing State shall immediately notify the chairperson 9 of the Interstate Commission in writing upon the introduction of 10 legislation repealing this Compact in the Withdrawing State. 11 The Interstate Commission shall notify the other Compacting 12 States of the Withdrawing State's intent to withdraw within 13 sixty days of its receipt thereof. 14 The Withdrawing State is responsible for all assessments, 15 obligations and liabilities incurred through the effective date 16 of withdrawal, including any obligations, the performance of 17 which extend beyond the effective date of withdrawal. 18 Reinstatement following withdrawal of any Compacting State shall 19 occur upon the Withdrawing State reenacting the Compact or upon 20 such later date as determined by the Interstate Commission. 21 Section B. Default 22 If the Interstate Commission determines that any Compacting 23 State has at any time defaulted ("Defaulting State") in the 24 performance of any of its obligations or responsibilities under 25 this Compact, the By-laws or any duly promulgated Rules the 26 Interstate Commission may impose any or all of the following 27 penalties: 28 Fines, fees and costs in such amounts as are deemed to be 29 reasonable as fixed by the Interstate Commission; 30 Remedial training and technical assistance as directed by the 20010S0391B1903 - 22 -
1 Interstate Commission; 2 Suspension and termination of membership in the compact. 3 Suspension shall be imposed only after all other reasonable 4 means of securing compliance under the By-laws and Rules have 5 been exhausted. Immediate notice of suspension shall be given by 6 the Interstate Commission to the Governor, the Chief Justice or 7 Chief Judicial Officer of the state; the majority and minority 8 leaders of the defaulting state's legislature, and the State 9 Council. 10 The grounds for default include, but are not limited to, failure 11 of a Compacting State to perform such obligations or 12 responsibilities imposed upon it by this compact, Interstate 13 Commission By-laws, or duly promulgated Rules. The Interstate 14 Commission shall immediately notify the Defaulting State in 15 writing of the penalty imposed by the Interstate Commission on 16 the Defaulting State pending a cure of the default. The 17 Interstate Commission shall stipulate the conditions and the 18 time period within which the Defaulting State must cure its 19 default. If the Defaulting State fails to cure the default 20 within the time period specified by the Interstate Commission, 21 in addition to any other penalties imposed herein, the 22 Defaulting State may be terminated from the Compact upon an 23 affirmative vote of a majority of the Compacting States and all 24 rights, privileges and benefits conferred by this Compact shall 25 be terminated from the effective date of suspension. Within 26 sixty days of the effective date of termination of a Defaulting 27 State, the Interstate Commission shall notify the Governor, the 28 Chief Justice or Chief Judicial Officer and the Majority and 29 Minority Leaders of the Defaulting State's legislature and the 30 state council of such termination. 20010S0391B1903 - 23 -
1 The Defaulting State is responsible for all assessments, 2 obligations and liabilities incurred through the effective date 3 of termination including any obligations, the performance of 4 which extends beyond the effective date of termination. 5 The Interstate Commission shall not bear any costs relating to 6 the Defaulting State unless otherwise mutually agreed upon 7 between the Interstate Commission and the Defaulting State. 8 Reinstatement following termination of any Compacting State 9 requires both a reenactment of the Compact by the Defaulting 10 State and the approval of the Interstate Commission pursuant to 11 the Rules. 12 Section C. Judicial Enforcement 13 The Interstate Commission may, by majority vote of the Members, 14 initiate legal action in the United States District Court for 15 the District of Columbia or, at the discretion of the Interstate 16 Commission, in the Federal District where the Interstate 17 Commission has its offices to enforce compliance with the 18 provisions of the Compact, its duly promulgated Rules and By- 19 laws, against any Compacting State in default. In the event 20 judicial enforcement is necessary the prevailing party shall be 21 awarded all costs of such litigation including reasonable 22 attorneys fees. 23 Section D. Dissolution of Compact 24 The Compact dissolves effective upon the date of the withdrawal 25 or default of the Compacting State which reduces membership in 26 the Compact to one Compacting State. 27 Upon the dissolution of this Compact, the Compact becomes null 28 and void and shall be of no further force or effect, and the 29 business and affairs of the Interstate Commission shall be wound 30 up and any surplus funds shall be distributed in accordance with 20010S0391B1903 - 24 -
1 the By-laws. 2 ARTICLE XIII 3 SEVERABILITY AND CONSTRUCTION 4 The provisions of this Compact shall be severable, and if any 5 phrase, clause, sentence or provision is deemed unenforceable, 6 the remaining provisions of the Compact shall be enforceable. 7 The provisions of this Compact shall be liberally constructed to 8 effectuate its purposes. 9 ARTICLE XIV 10 BINDING EFFECT OF COMPACT AND OTHER LAWS 11 Section A. Other Laws 12 Nothing herein prevents the enforcement of any other law of a 13 Compacting State that is not inconsistent with this Compact. 14 All Compacting States' laws conflicting with this Compact are 15 superseded to the extent of the conflict. 16 Section B. Binding Effect of the Compact 17 All lawful actions of the Interstate Commission, including all 18 Rules and By-laws promulgated by the Interstate Commission, are 19 binding upon the Compacting States. 20 All agreements between the Interstate Commission and the 21 Compacting States are binding in accordance with their terms. 22 Upon the request of a party to a conflict over meaning or 23 interpretation of Interstate Commission actions, and upon a 24 majority vote of the Compacting States, the Interstate 25 Commission may issue advisory opinions regarding such meaning or 26 interpretation. 27 In the event any provision of this Compact exceeds the 28 constitutional limits imposed on the legislature of any 29 Compacting State, the obligations, duties, powers or 30 jurisdiction sought to be conferred by such provision upon the 20010S0391B1903 - 25 -
1 Interstate Commission shall be ineffective and such obligations, 2 duties, powers or jurisdiction shall remain in the Compacting 3 State and shall be exercised by the agency thereof to which such 4 obligations, duties, powers or jurisdiction are delegated by law 5 in effect at the time this Compact becomes effective. 6 Section 3. When and how compact becomes operative. 7 (a) General rule.--When the Governor executes the Interstate 8 Compact for the Supervision of Adult Offenders on behalf of this 9 State and files a verified copy thereof with the Secretary of 10 the Commonwealth and when the compact is ratified by one or more 11 other states, then the compact shall become operative and 12 effective between this State and such other state or states. The 13 Governor is hereby authorized and directed to take such action 14 as may be necessary to complete the exchange of official 15 documents between this State and any other state ratifying the 16 compact. 17 (b) Notice in Pennsylvania Bulletin.--The Secretary of the 18 Commonwealth shall publish a notice in the Pennsylvania Bulletin 19 when the conditions set forth in subsection (a) are satisfied 20 and shall include in the notice the date on which the compact 21 became effective and operative between this State and any other 22 state or states in accordance with this act. 23 Section 4. State council and compact administrator. 24 (a) State Council.--Consistent with Article IV of the 25 Interstate Compact for the Supervision of Adult Offenders, there 26 is hereby established the State Council for Interstate Adult 27 Offender Supervision. The council shall consist of nine members, 28 seven of whom shall be appointed by the Governor. At least two 29 members shall be judges of courts of record of this Commonwealth 30 and at least one shall be a county chief probation officer, a 20010S0391B1903 - 26 -
1 representative from the executive branch of government, a 2 representative of victims groups and the Compact Administrator. 3 The President pro tempore of the Senate and the Speaker of the 4 House of Representatives shall each appoint a member of the 5 General Assembly to serve as a member of the council. The term 6 of a member of the council hereafter appointed, except to fill a 7 vacancy, shall be for four years and until a successor has been 8 appointed, but in no event more than 90 days beyond the 9 expiration of the appointed term. The term of a member of the 10 council who is appointed by virtue of serving as a member of the 11 General Assembly, as a judge or as a county chief probation 12 officer shall continue only as long as the individual remains in 13 that office. A vacancy occurring in an office of a member of the 14 council by expiration of term or for any other reason shall be 15 filled by the appointing authority for the remainder of the 16 term. 17 (b) Appointment of administrator.--The compact administrator 18 shall be appointed by the Governor and shall serve as a member 19 of the State Council for the Supervision of Adult Offenders and 20 shall serve on the Interstate Commission for Adult Offender 21 Supervision established pursuant to the Interstate Compact for 22 the Supervision of Adult Offenders. 23 (c) Compensation and expenses of administrator.--The compact 24 administrator who represents this State, as provided for in 25 Article IV of the Interstate Compact for the Supervision of 26 Adult Offenders, shall not be entitled to any additional 27 compensation for his duties and responsibilities as compact 28 administrator but shall be entitled to reimbursement for 29 reasonable expenses actually incurred in connection with his 30 duties and responsibilities as compact administrator in the same 20010S0391B1903 - 27 -
1 manner as for expenses incurred in connection with other duties 2 and responsibilities of his office or employment. 3 Section 5. Repeals. 4 The following acts and parts of acts are repealed: 5 The act of June 25, 1937 (P.L.2086, No.415), entitled "An act 6 providing for the making of compacts by the Commonwealth with 7 other states for mutual helpfulness in relation to persons on 8 probation or parole; and imposing certain powers and duties on 9 the Governor and the Board of Pardons." 10 The act of July 20, 1968 (P.L.441, No.207), entitled "An act 11 providing for the incarceration of probationers or parolees in 12 certain other states under certain circumstances." 13 Section 6. Effective date. 14 This act shall take effect as follows: 15 Sections 1, 2, 3, 4 and this section shall take effect 16 immediately. 17 Section 5 shall take effect on the date that the Interstate 18 Compact for the Supervision of Adult Offenders becomes effective 19 and operative between this State and any other state or states 20 in accordance with section 3 of this act. A18L71DMS/20010S0391B1903 - 28 -