PRIOR PRINTER'S NOS. 334, 600 PRINTER'S NO. 718
No. 319 Session of 2003
INTRODUCED BY GREENLEAF, ERICKSON, SCHWARTZ, KITCHEN, LEMMOND,
RHOADES, BOSCOLA, PILEGGI, TARTAGLIONE, RAFFERTY AND
THOMPSON, FEBRUARY 13, 2003
AS AMENDED ON THIRD CONSIDERATION, APRIL 21, 2003
AN ACT
1 Authorizing the Commonwealth of Pennsylvania to join the
2 Interstate Compact for Juveniles; providing for the form of
3 the compact; imposing additional powers and duties on the
4 Governor, the Secretary of the Commonwealth and the Compact;
5 establishing the State Council for Interstate Juvenile
6 Supervision; and making a repeal.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Interstate
11 Compact for Juveniles Act.
12 Section 2. Authority to execute compact.
13 The Governor of Pennsylvania, on behalf of this State, is
14 hereby authorized to execute a compact in substantially the
15 following form with any one or more of the states of the United
16 States and the General Assembly hereby signifies in advance its
17 approval and ratification of such compact:
18 THE INTERSTATE COMPACT FOR JUVENILES
19 ARTICLE I
1 PURPOSE
2 The compacting states to this Interstate Compact recognize
3 that each state is responsible for the proper supervision or
4 return of juveniles, delinquents and status offenders who are on
5 probation or parole and who have absconded, escaped or run away
6 from supervision and control and in so doing have endangered
7 their own safety and the safety of others. The compacting states
8 also recognize that each state is responsible for the safe
9 return of juveniles who have run away from home and in doing so
10 have left their state of residence. The compacting states also
11 recognize that Congress, by enacting the Crime Control Act, 4
12 U.S.C. § 112 (1965), has authorized and encouraged compacts for
13 cooperative efforts and mutual assistance in the prevention of
14 crime.
15 It is the purpose of this compact, through means of joint and
16 cooperative action among the compacting states to: (A) ensure
17 that the adjudicated juveniles and status offenders subject to
18 this compact are provided adequate supervision and services in
19 the receiving state as ordered by the adjudicating judge or
20 parole authority in the sending state; (B) ensure that the
21 public safety interests of the citizens, including the victims
22 of juvenile offenders, in both the sending and receiving states
23 are adequately protected; (C) return juveniles who have run
24 away, absconded or escaped from supervision or control or have
25 been accused of an offense to the state requesting their return;
26 (D) make contracts for the cooperative institutionalization in
27 public facilities in member states for delinquent youth needing
28 special services; (E) provide for the effective tracking and
29 supervision of juveniles; (F) equitably allocate the costs,
30 benefits and obligations of the compacting states; (G) establish
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1 procedures to manage the movement between states of juvenile
2 offenders released to the community under the jurisdiction of
3 courts, juvenile departments, or any other criminal or juvenile
4 justice agency which has jurisdiction over juvenile offenders;
5 (H) insure immediate notice to jurisdictions where defined
6 offenders are authorized to travel or to relocate across state
7 lines; (I) establish procedures to resolve pending charges
8 (detainers) against juvenile offenders prior to transfer or
9 release to the community under the terms of this compact; (J)
10 establish a system of uniform data collection on information
11 pertaining to juveniles subject to this compact that allows
12 access by authorized juvenile justice and criminal justice
13 officials, and regular reporting of Compact activities to heads
14 of state executive, judicial, and legislative branches and
15 juvenile and criminal justice administrators; (K) monitor
16 compliance with rules governing interstate movement of juveniles
17 and initiate interventions to address and correct noncompliance;
18 (L) coordinate training and education regarding the regulation
19 of interstate movement of juveniles for officials involved in
20 such activity; and (M) coordinate the implementation and
21 operation of the compact with the Interstate Compact for the
22 Placement of Children, the Interstate Compact for Adult Offender
23 Supervision and other compacts affecting juveniles particularly
24 in those cases where concurrent or overlapping supervision
25 issues arise. It is the policy of the compacting states that the
26 activities conducted by the Interstate Commission created herein
27 are the formation of public policies and therefore are public
28 business. Furthermore, the compacting states shall cooperate and
29 observe their individual and collective duties and
30 responsibilities for the prompt return and acceptance of
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1 juveniles subject to the provisions of this compact. The
2 provisions of this compact shall be reasonably and liberally
3 construed to accomplish the purposes and policies of the
4 compact.
5 ARTICLE II
6 DEFINITIONS
7 As used in this compact, unless the context clearly requires
8 a different construction:
9 A. "By-laws" means: those by-laws established by the
10 Interstate Commission for its governance, or for directing or
11 controlling its actions or conduct.
12 B. "Compact Administrator" means: the individual in each
13 compacting state appointed pursuant to the terms of this
14 compact, responsible for the administration and management of
15 the state's supervision and transfer of juveniles subject to the
16 terms of this compact, the rules adopted by the Interstate
17 Commission and policies adopted by the State Council under this
18 compact.
19 C. "Compacting State" means: any state which has enacted the
20 enabling legislation for this compact.
21 D. "Commissioner" means: the voting representative of each
22 compacting state appointed pursuant to Article III of this
23 compact.
24 E. "Court" means: any court having jurisdiction over
25 delinquent, neglected, or dependent children.
26 F. "Deputy Compact Administrator" means: the individual, if
27 any, in each compacting state appointed to act on behalf of a
28 Compact Administrator pursuant to the terms of this compact
29 responsible for the administration and management of the state's
30 supervision and transfer of juveniles subject to the terms of
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1 this compact, the rules adopted by the Interstate Commission and
2 policies adopted by the State Council under this compact.
3 G. "Interstate Commission" means: the Interstate Commission
4 for Juveniles created by Article III of this compact.
5 H. "Juvenile" means: any person defined as a juvenile in any
6 member state or by the rules of the Interstate Commission,
7 including:
8 (1) Accused Delinquent - a person charged with an
9 offense that, if committed by an adult, would be a criminal
10 offense;
11 (2) Adjudicated Delinquent - a person found to have
12 committed an offense that, if committed by an adult, would be
13 a criminal offense;
14 (3) Accused Status Offender - a person charged with an
15 offense that would not be a criminal offense if committed by
16 an adult;
17 (4) Adjudicated Status Offender - a person found to have
18 committed an offense that would not be a criminal offense if
19 committed by an adult; and
20 (5) Non-Offender - a person in need of supervision who
21 has not been accused or adjudicated a status offender or
22 delinquent.
23 I. "Non-Compacting state" means: any state which has not
24 enacted the enabling legislation for this compact.
25 J. "Probation or Parole" means: any kind of supervision or
26 conditional release of juveniles authorized under the laws of
27 the compacting states.
28 K. "Rule" means: a written statement by the Interstate
29 Commission promulgated pursuant to Article VI of this compact
30 that is of general applicability, implements, interprets or
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1 prescribes a policy or provision of the Compact, or an
2 organizational, procedural, or practice requirement of the
3 Commission, and has the force and effect of statutory law in a
4 compacting state, and includes the amendment, repeal, or
5 suspension of an existing rule.
6 L. "State" means: a state of the United States, the District
7 of Columbia (or its designee), the Commonwealth of Puerto Rico,
8 the U.S. Virgin Islands, Guam, American Samoa, and the Northern
9 Marianas Islands.
10 ARTICLE III
11 INTERSTATE COMMISSION FOR JUVENILES
12 A. The compacting states hereby create the "Interstate
13 Commission for Juveniles." The commission shall be a body
14 corporate and joint agency of the compacting states. The
15 commission shall have all the responsibilities, powers and
16 duties set forth herein, and such additional powers as may be
17 conferred upon it by subsequent action of the respective
18 legislatures of the compacting states in accordance with the
19 terms of this compact.
20 B. The Interstate Commission shall consist of commissioners
21 appointed by the appropriate appointing authority in each state
22 pursuant to the rules and requirements of each compacting state
23 and in consultation with the State Council for Interstate
24 Juvenile Supervision created hereunder. The commissioner shall
25 be the compact administrator, deputy compact administrator or
26 designee from that state who shall serve on the Interstate
27 Commission in such capacity under or pursuant to the applicable
28 law of the compacting state.
29 C. In addition to the commissioners who are the voting
30 representatives of each state, the Interstate Commission shall
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1 include individuals who are not commissioners, but who are
2 members of interested organizations. Such non-commissioner
3 members must include a member of the national organizations of
4 governors, legislators, state chief justices, attorneys general,
5 Interstate Compact for Adult Offender Supervision, Interstate
6 Compact for the Placement of Children, juvenile justice and
7 juvenile corrections officials, and crime victims. All non-
8 commissioner members of the Interstate Commission shall be ex-
9 officio (non-voting) members. The Interstate Commission may
10 provide in its by-laws for such additional ex-officio (non-
11 voting) members, including members of other national
12 organizations, in such numbers as shall be determined by the
13 commission.
14 D. Each compacting state represented at any meeting of the
15 commission is entitled to one vote. A majority of the compacting
16 states shall constitute a quorum for the transaction of
17 business, unless a larger quorum is required by the by-laws of
18 the Interstate Commission.
19 E. The commission shall meet at least once each calendar
20 year. The chairperson may call additional meetings and, upon the
21 request of a simple majority of the compacting states, shall
22 call additional meetings. Public notice shall be given of all
23 meetings and meetings shall be open to the public.
24 F. The Interstate Commission shall establish an executive
25 committee, which shall include commission officers, members, and
26 others as determined by the by-laws. The executive committee
27 shall have the power to act on behalf of the Interstate
28 Commission during periods when the Interstate Commission is not
29 in session, with the exception of rulemaking and/or amendment to
30 the compact. The executive committee shall oversee the day-to-
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1 day activities of the administration of the compact managed by
2 an executive director and Interstate Commission staff;
3 administers enforcement and compliance with the provisions of
4 the compact, its by-laws and rules, and performs such other
5 duties as directed by the Interstate Commission or set forth in
6 the by-laws.
7 G. Each member of the Interstate Commission shall have the
8 right and power to cast a vote to which that compacting state is
9 entitled and to participate in the business and affairs of the
10 Interstate Commission. A member shall vote in person and shall
11 not delegate a vote to another compacting state. However, a
12 commissioner, in consultation with the state council, shall
13 appoint another authorized representative, in the absence of the
14 commissioner from that state, to cast a vote on behalf of the
15 compacting state at a specified meeting. The by-laws may provide
16 for members' participation in meetings by telephone or other
17 means of telecommunication or electronic communication.
18 H. The Interstate Commission's by-laws shall establish
19 conditions and procedures under which the Interstate Commission
20 shall make its information and official records available to the
21 public for inspection or copying. The Interstate Commission may
22 exempt from disclosure any information or official records to
23 the extent they would adversely affect personal privacy rights
24 or proprietary interests.
25 I. Public notice shall be given of all meetings and all
26 meetings shall be open to the public, except as set forth in the
27 Rules or as otherwise provided in the Compact. The Interstate
28 Commission and any of its committees may close a meeting to the
29 public where it determines by two-thirds vote that an open
30 meeting would be likely to:
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1 1. Relate solely to the Interstate Commission's internal
2 personnel practices and procedures;
3 2. Disclose matters specifically exempted from
4 disclosure by statute;
5 3. Disclose trade secrets or commercial or financial
6 information which is privileged or confidential;
7 4. Involve accusing any person of a crime, or formally
8 censuring any person;
9 5. Disclose information of a personal nature where
10 disclosure would constitute a clearly unwarranted invasion of
11 personal privacy;
12 6. Disclose investigative records compiled for law
13 enforcement purposes;
14 7. Disclose information contained in or related to
15 examination, operating or condition reports prepared by, or
16 on behalf of or for the use of, the Interstate Commission
17 with respect to a regulated person or entity for the purpose
18 of regulation or supervision of such person or entity;
19 8. Disclose information, the premature disclosure of
20 which would significantly endanger the stability of a
21 regulated person or entity; or
22 9. Specifically relate to the Interstate Commission's
23 issuance of a subpoena, or its participation in a civil
24 action or other legal proceeding.
25 J. For every meeting closed pursuant to this provision, the
26 Interstate Commission's legal counsel shall publicly certify
27 that, in the legal counsel's opinion, the meeting may be closed
28 to the public, and shall reference each relevant exemptive
29 provision. The Interstate Commission shall keep minutes which
30 shall fully and clearly describe all matters discussed in any
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1 meeting and shall provide a full and accurate summary of any
2 actions taken, and the reasons therefore, including a
3 description of each of the views expressed on any item and the
4 record of any roll call vote (reflected in the vote of each
5 member on the question). All documents considered in connection
6 with any action shall be identified in such minutes.
7 K. The Interstate Commission shall collect standardized data
8 concerning the interstate movement of juveniles as directed
9 through its rules which shall specify the data to be collected,
10 the means of collection and data exchange and reporting
11 requirements. Such methods of data collection, exchange and
12 reporting shall insofar as is reasonably possible conform to up-
13 to-date technology and coordinate its information functions with
14 the appropriate repository of records.
15 ARTICLE IV
16 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
17 The commission shall have the following powers and duties:
18 1. To provide for dispute resolution among compacting
19 states.
20 2. To promulgate rules to effect the purposes and
21 obligations as enumerated in this compact, which shall have the
22 force and effect of statutory law and shall be binding in the
23 compacting states to the extent and in the manner provided in
24 this compact.
25 3. To oversee, supervise and coordinate the interstate
26 movement of juveniles subject to the terms of this compact and
27 any by-laws adopted and rules promulgated by the Interstate
28 Commission.
29 4. To enforce compliance with the compact provisions, the
30 rules promulgated by the Interstate Commission, and the by-laws,
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1 using all necessary and proper means, including but not limited
2 to the use of judicial process.
3 5. To establish and maintain offices which shall be located
4 within one or more of the compacting states.
5 6. To purchase and maintain insurance and bonds.
6 7. To borrow, accept, hire or contract for services of
7 personnel.
8 8. To establish and appoint committees and hire staff which
9 it deems necessary for the carrying out of its functions
10 including, but not limited to, an executive committee as
11 required by Article III which shall have the power to act on
12 behalf of the Interstate Commission in carrying out its powers
13 and duties hereunder.
14 9. To elect or appoint such officers, attorneys, employees,
15 agents, or consultants, and to fix their compensation, define
16 their duties and determine their qualifications; and to
17 establish the Interstate Commissions personnel policies and
18 programs relating to, inter alia, conflicts of interest, rates
19 of compensation, and qualifications of personnel.
20 10. To accept any and all donations and grants of money,
21 equipment, supplies, materials, and services, and to receive,
22 utilize, and dispose of it.
23 11. To lease, purchase, accept contributions or donations
24 of, or otherwise to own, hold, improve or use any property,
25 real, personal, or mixed.
26 12. To sell, convey, mortgage, pledge, lease, exchange,
27 abandon, or otherwise dispose of any property, real, personal or
28 mixed.
29 13. To establish a budget and make expenditures and levy
30 dues as provided in Article VIII of this compact.
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1 14. To sue and be sued.
2 15. To adopt a seal and by-laws governing the management and
3 operation of the Interstate Commission.
4 16. To perform such functions as may be necessary or
5 appropriate to achieve the purposes of this compact.
6 17. To report annually to the legislatures, governors,
7 judiciary, and state councils of the compacting states
8 concerning the activities of the Interstate Commission during
9 the preceding year. Such reports shall also include any
10 recommendations that may have been adopted by the Interstate
11 Commission.
12 18. To coordinate education, training and public awareness
13 regarding the interstate movement of juveniles for officials
14 involved in such activity.
15 19. To establish uniform standards of the reporting,
16 collecting and exchanging of data.
17 20. The Interstate Commission shall maintain its corporate
18 books and records in accordance with the By-laws.
19 ARTICLE V
20 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
21 Section A. By-laws
22 1. The Interstate Commission shall, by a majority of the
23 members present and voting, within twelve months after the first
24 Interstate Commission meeting, adopt by-laws to govern its
25 conduct as may be necessary or appropriate to carry out the
26 purposes of the compact, including, but not limited to:
27 a. Establishing the fiscal year of the Interstate
28 Commission;
29 b. Establishing an executive committee and such other
30 committees as may be necessary;
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1 c. Provide for the establishment of committees governing
2 any general or specific delegation of any authority or
3 function of the Interstate Commission;
4 d. Providing reasonable procedures for calling and
5 conducting meetings of the Interstate Commission, and
6 ensuring reasonable notice of each such meeting;
7 e. Establishing the titles and responsibilities of the
8 officers of the Interstate Commission;
9 f. Providing a mechanism for concluding the operations
10 of the Interstate Commission and the return of any surplus
11 funds that may exist upon the termination of the Compact
12 after the payment and/or reserving of all of its debts and
13 obligations.
14 g. Providing "start-up" rules for initial administration
15 of the compact; and
16 h. Establishing standards and procedures for compliance
17 and technical assistance in carrying out the compact.
18 Section B. Officers and Staff
19 1. The Interstate Commission shall, by a majority of the
20 members, elect annually from among its members a chairperson and
21 a vice chairperson, each of whom shall have such authority and
22 duties as may be specified in the by-laws. The chairperson or,
23 in the chairpersons absence or disability, the vice-chairperson
24 shall preside at all meetings of the Interstate Commission. The
25 officers so elected shall serve without compensation or
26 remuneration from the Interstate Commission; provided that,
27 subject to the availability of budgeted funds, the officers
28 shall be reimbursed for any ordinary and necessary costs and
29 expenses incurred by them in the performance of their duties and
30 responsibilities as officers of the Interstate Commission.
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1 2. The Interstate Commission shall, through its executive
2 committee, appoint or retain an executive director for such
3 period, upon such terms and conditions and for such compensation
4 as the Interstate Commission may deem appropriate. The executive
5 director shall serve as secretary to the Interstate Commission,
6 but shall not be a Member and shall hire and supervise such
7 other staff as may be authorized by the Interstate Commission.
8 Section C. Qualified Immunity, Defense and Indemnification
9 1. The Commission's executive director and employees shall
10 be immune from suit and liability, either personally or in their
11 official capacity, for any claim for damage to or loss of
12 property or personal injury or other civil liability caused or
13 arising out of or relating to any actual or alleged act, error,
14 or omission that occurred, or that such person had a reasonable
15 basis for believing occurred within the scope of Commission
16 employment, duties, or responsibilities; provided, that any such
17 person shall not be protected from suit or liability for any
18 damage, loss, injury, or liability caused by the intentional or
19 willful and wanton misconduct of any such person.
20 2. The liability of any commissioner, or the employee or
21 agent of a commissioner, acting within the scope of such
22 person's employment or duties for acts, errors, or omissions
23 occurring within such person's state may not exceed the limits
24 of liability set forth under the Constitution and laws of that
25 state for state officials, employees, and agents. Nothing in
26 this subsection shall be construed to protect any such person
27 from suit or liability for any damage, loss, injury, or
28 liability caused by the intentional or willful and wanton
29 misconduct of any such person.
30 3. The Interstate Commission shall defend the executive
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1 director or the employees or representatives of the Interstate
2 Commission and, subject to the approval of the Attorney General
3 of the state represented by any commissioner of a compacting
4 state, shall defend such commissioner or the commissioner's
5 representatives or employees in any civil action seeking to
6 impose liability arising out of any actual or alleged act, error
7 or omission that occurred within the scope of Interstate
8 Commission employment, duties or responsibilities, or that the
9 defendant had a reasonable basis for believing occurred within
10 the scope of Interstate Commission employment, duties or
11 responsibilities, provided that the actual or alleged act, error
12 or omission did not result from intentional or willful and
13 wanton misconduct on the part of such person.
14 4. The Interstate Commission shall indemnify and hold the
15 commissioner of a compacting state, or the commissioner's
16 representatives or employees, or the Interstate Commission's
17 representatives or employees, harmless in the amount of any
18 settlement or judgment obtained against such persons arising out
19 of any actual or alleged act, error, or omission that occurred
20 within the scope of Interstate Commission employment, duties, or
21 responsibilities, or that such persons had a reasonable basis
22 for believing occurred within the scope of Interstate Commission
23 employment, duties, or responsibilities, provided that the
24 actual or alleged act, error, or omission did not result from
25 intentional or willful and wanton misconduct on the part of such
26 persons.
27 ARTICLE VI
28 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
29 A. The Interstate Commission shall promulgate and publish
30 rules in order to effectively and efficiently achieve the
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1 purposes of the compact.
2 B. Rulemaking shall occur pursuant to the criteria set forth
3 in this article and the by-laws and rules adopted pursuant
4 thereto. Such rulemaking shall substantially conform to the
5 principles of the "Model State Administrative Procedures Act,"
6 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such
7 other administrative procedures act, as the Interstate
8 Commission deems appropriate consistent with due process
9 requirements under the U.S. Constitution as now or hereafter
10 interpreted by the U.S. Supreme Court. All rules and amendments
11 shall become binding as of the date specified, as published with
12 the final version of the rule as approved by the Commission.
13 C. When promulgating a rule, the Interstate Commission
14 shall, at a minimum:
15 1. publish the proposed rule's entire text stating the
16 reason(s) for that proposed rule;
17 2. allow and invite any and all persons to submit
18 written data, facts, opinions and arguments, which
19 information shall be added to the record, and be made
20 publicly available;
21 3. provide an opportunity for an informal hearing if
22 petitioned by ten or more persons; and
23 4. Promulgate a final rule and its effective date, if
24 appropriate, based on input from state or local officials or
25 interested parties.
26 D. Allow, not later than sixty days after a rule is
27 promulgated, any interested person to file a petition in the
28 United States District Court for the District of Columbia or in
29 the Federal District Court where the Interstate Commission's
30 principal office is located for judicial review of such rule. If
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1 the court finds that the Interstate Commission's action is not
2 supported by substantial evidence in the rulemaking record, the
3 court shall hold the rule unlawful and set it aside. For
4 purposes of this subsection, evidence is substantial if it would
5 be considered substantial evidence under the Model State
6 Administrative Procedures Act.
7 E. If a majority of the legislatures of the compacting
8 states rejects a rule, those states may, by enactment of a
9 statute or resolution in the same manner used to adopt the
10 compact, cause that such rule shall have no further force and
11 effect in any compacting state.
12 F. The existing rules governing the operation of the
13 Interstate Compact on Juveniles superceded by this act shall be
14 null and void twelve (12) months after the first meeting of the
15 Interstate Commission created hereunder.
16 G. Upon determination by the Interstate Commission that a
17 state-of-emergency exists, it may promulgate an emergency rule
18 which shall become effective immediately upon adoption, provided
19 that the usual rulemaking procedures provided hereunder shall be
20 retroactively applied to said rule as soon as reasonably
21 possible, but no later than ninety (90) days after the effective
22 date of the emergency rule.
23 ARTICLE VII
24 OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE
25 COMMISSION
26 Section A. Oversight
27 1. The Interstate Commission shall oversee the
28 administration and operations of the interstate movement of
29 juveniles subject to this compact in the compacting states and
30 shall monitor such activities being administered in non-
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1 compacting states which may significantly affect compacting
2 states.
3 2. The courts and executive agencies in each compacting
4 state shall enforce this compact and shall take all actions
5 necessary and appropriate to effectuate the compact's purposes
6 and intent. The provisions of this compact and the rules
7 promulgated hereunder shall be received by all the judges,
8 public officers, commissions, and departments of the state
9 government as evidence of the authorized statute and
10 administrative rules. All courts shall take judicial notice of
11 the compact and the rules. In any judicial or administrative
12 proceeding in a compacting state pertaining to the subject
13 matter of this compact which may affect the powers,
14 responsibilities or actions of the Interstate Commission, it
15 shall be entitled to receive all service of process in any such
16 proceeding, and shall have standing to intervene in the
17 proceeding for all purposes.
18 Section B. Dispute Resolution
19 1. The compacting states shall report to the Interstate
20 Commission on all issues and activities necessary for the
21 administration of the compact as well as issues and activities
22 pertaining to compliance with the provisions of the compact and
23 its bylaws and rules.
24 2. The Interstate Commission shall attempt, upon the request
25 of a compacting state, to resolve any disputes or other issues
26 which are subject to the compact and which may arise among
27 compacting states and between compacting and non-compacting
28 states. The commission shall promulgate a rule providing for
29 both mediation and binding dispute resolution for disputes among
30 the compacting states.
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1 3. The Interstate Commission, in the reasonable exercise of
2 its discretion, shall enforce the provisions and rules of this
3 compact using any or all means set forth in Article XI of this
4 compact.
5 ARTICLE VIII
6 FINANCE
7 A. The Interstate Commission shall pay or provide for the
8 payment of the reasonable expenses of its establishment,
9 organization and ongoing activities.
10 B. The Interstate Commission shall levy on and collect an
11 annual assessment from each compacting state to cover the cost
12 of the internal operations and activities of the Interstate
13 Commission and its staff which must be in a total amount
14 sufficient to cover the Interstate Commission's annual budget as
15 approved each year. The aggregate annual assessment amount shall
16 be allocated based upon a formula to be determined by the
17 Interstate Commission, taking into consideration the population
18 of each compacting state and the volume of interstate movement
19 of juveniles in each compacting state and shall promulgate a
20 rule binding upon all compacting states which governs said
21 assessment.
22 C. The Interstate Commission shall not incur any obligations
23 of any kind prior to securing the funds adequate to meet the
24 same; nor shall the Interstate Commission pledge the credit of
25 any of the compacting states, except by and with the authority
26 of the compacting state.
27 D. The Interstate Commission shall keep accurate accounts of
28 all receipts and disbursements. The receipts and disbursements
29 of the Interstate Commission shall be subject to the audit and
30 accounting procedures established under its by-laws. However,
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1 all receipts and disbursements of funds handled by the
2 Interstate Commission shall be audited yearly by a certified or
3 licensed public accountant and the report of the audit shall be
4 included in and become part of the annual report of the
5 Interstate Commission.
6 ARTICLE IX
7 THE STATE COUNCIL
8 Each member state shall create a State Council for Interstate
9 Juvenile Supervision. While each state may determine the
10 membership of its own state council, its membership must include
11 at least one representative from the legislative, judicial, and
12 executive branches of government, victims groups, and the
13 compact administrator, deputy compact administrator or designee.
14 Each compacting state retains the right to determine the
15 qualifications of the compact administrator or deputy compact
16 administrator. Each state council will advise and may exercise
17 oversight and advocacy concerning that state's participation in
18 Interstate Commission activities and other duties as may be
19 determined by that state, including but not limited to,
20 development of policy concerning operations and procedures of
21 the compact within that state.
22 ARTICLE X
23 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
24 A. Any state, the District of Columbia (or its designee),
25 the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
26 American Samoa and the Northern Marianas Islands as defined in
27 Article II of this compact is eligible to become a compacting
28 state.
29 B. The compact shall become effective and binding upon
30 legislative enactment of the compact into law by no less than 35
20030S0319B0718 - 20 -
1 of the states. The initial effective date shall be the later of
2 July 1, 2004 or upon enactment into law by the 35th
3 jurisdiction. Thereafter it shall become effective and binding
4 as to any other compacting state upon enactment of the compact
5 into law by that state. The governors of non-member states or
6 their designees shall be invited to participate in the
7 activities of the Interstate Commission on a non-voting basis
8 prior to adoption of the compact by all states and territories
9 of the United States.
10 C. The Interstate Commission may propose amendments to the
11 compact for enactment by the compacting states. No amendment
12 shall become effective and binding upon the Interstate
13 Commission and the compacting states unless and until it is
14 enacted into law by unanimous consent of the compacting states.
15 ARTICLE XI
16 WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
17 Section A. Withdrawal
18 1. Once effective, the compact shall continue in force and
19 remain binding upon each and every compacting state; provided
20 that a compacting state may withdraw from the compact by
21 specifically repealing the statute which enacted the compact
22 into law.
23 2. The effective date of withdrawal is the effective date of
24 the repeal.
25 3. The withdrawing state shall immediately notify the
26 chairperson of the Interstate Commission in writing upon the
27 introduction of legislation repealing this compact in the
28 withdrawing state. The Interstate Commission shall notify the
29 other compacting states of the withdrawing state's intent to
30 withdraw within sixty days of its receipt thereof.
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1 4. The withdrawing state is responsible for all assessments,
2 obligations and liabilities incurred through the effective date
3 of withdrawal, including any obligations, the performance of
4 which extend beyond the effective date of withdrawal.
5 5. Reinstatement following withdrawal of any compacting
6 state shall occur upon the withdrawing state reenacting the
7 compact or upon such later date as determined by the Interstate
8 Commission.
9 Section B. Technical Assistance, Fines, Suspension, Termination
10 and Default
11 1. If the Interstate Commission determines that any
12 compacting state has at any time defaulted in the performance of
13 any of its obligations or responsibilities under this compact,
14 or the by-laws or duly promulgated rules, the Interstate
15 Commission may impose any or all of the following penalties:
16 a. Remedial training and technical assistance as
17 directed by the Interstate Commission;
18 b. Alternative Dispute Resolution;
19 c. Fines, fees, and costs in such amounts as are deemed
20 to be reasonable as fixed by the Interstate Commission; and
21 d. Suspension or termination of membership in the
22 compact, which shall be imposed only after all other
23 reasonable means of securing compliance under the by-laws and
24 rules have been exhausted and the Interstate Commission has
25 therefore determined that the offending state is in default.
26 Immediate notice of suspension shall be given by the
27 Interstate Commission to the Governor, the Chief Justice or
28 the Chief Judicial Officer of the state, the majority and
29 minority leaders of the defaulting state's legislature, and
30 the state council. The grounds for default include, but are
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1 not limited to, failure of a compacting state to perform such
2 obligations or responsibilities imposed upon it by this
3 compact, the by-laws, or duly promulgated rules and any other
4 grounds designated in commission by-laws and rules. The
5 Interstate Commission shall immediately notify the defaulting
6 state in writing of the penalty imposed by the Interstate
7 Commission and of the default pending a cure of the default.
8 The commission shall stipulate the conditions and the time
9 period within which the defaulting state must cure its
10 default. If the defaulting state fails to cure the default
11 within the time period specified by the commission, the
12 defaulting state shall be terminated from the compact upon an
13 affirmative vote of a majority of the compacting states and
14 all rights, privileges and benefits conferred by this compact
15 shall be terminated from the effective date of termination.
16 2. Within sixty days of the effective date of termination of
17 a defaulting state, the Commission shall notify the Governor,
18 the Chief Justice or Chief Judicial Officer, the Majority and
19 Minority Leaders of the defaulting states legislature, and the
20 state council of such termination.
21 3. The defaulting state is responsible for all assessments,
22 obligations and liabilities incurred through the effective date
23 of termination including any obligations, the performance of
24 which extends beyond the effective date of termination.
25 4. The Interstate Commission shall not bear any costs
26 relating to the defaulting state unless otherwise mutually
27 agreed upon in writing between the Interstate Commission and the
28 defaulting state.
29 5. Reinstatement following termination of any compacting
30 state requires both a reenactment of the compact by the
20030S0319B0718 - 23 -
1 defaulting state and the approval of the Interstate Commission
2 pursuant to the rules.
3 Section C. Judicial Enforcement
4 The Interstate Commission may, by majority vote of the
5 members, initiate legal action in the United States District
6 Court for the District of Columbia or, at the discretion of the
7 Interstate Commission, in the federal district where the
8 Interstate Commission has its offices, to enforce compliance
9 with the provisions of the compact, its duly promulgated rules
10 and by-laws, against any compacting state in default. In the
11 event judicial enforcement is necessary the prevailing party
12 shall be awarded all costs of such litigation including
13 reasonable attorneys fees.
14 Section D. Dissolution of Compact
15 1. The compact dissolves effective upon the date of the
16 withdrawal or default of the compacting state, which reduces
17 membership in the compact to one compacting state.
18 2. Upon the dissolution of this compact, the compact becomes
19 null and void and shall be of no further force or effect, and
20 the business and affairs of the Interstate Commission shall be
21 concluded and any surplus funds shall be distributed in
22 accordance with the by-laws.
23 ARTICLE XII
24 SEVERABILITY AND CONSTRUCTION
25 A. The provisions of this compact shall be severable, and if
26 any phrase, clause, sentence or provision is deemed
27 unenforceable, the remaining provisions of the compact shall be
28 enforceable.
29 B. The provisions of this compact shall be liberally
30 construed to effectuate its purposes.
20030S0319B0718 - 24 -
1 ARTICLE XIII
2 BINDING EFFECT OF COMPACT AND OTHER LAWS
3 Section A. Other Laws
4 1. Nothing herein prevents the enforcement of any other law
5 of a compacting state that is not inconsistent with this
6 compact.
7 2. All compacting states laws other than state Constitutions
8 and other interstate compacts conflicting with this compact are
9 superseded to the extent of the conflict.
10 Section B. Binding Effect of the Compact
11 1. All lawful actions of the Interstate Commission,
12 including all rules and by-laws promulgated by the Interstate
13 Commission, are binding upon the compacting states.
14 2. All agreements between the Interstate Commission and the
15 compacting states are binding in accordance with their terms.
16 3. Upon the request of a party to a conflict over meaning or
17 interpretation of Interstate Commission actions, and upon a
18 majority vote of the compacting states, the Interstate
19 Commission may issue advisory opinions regarding such meaning or
20 interpretation.
21 4. In the event any provision of this compact exceeds the
22 constitutional limits imposed on the legislature of any
23 compacting state, the obligations, duties, powers or
24 jurisdiction sought to be conferred by such provision upon the
25 Interstate Commission shall be ineffective and such obligations,
26 duties, powers or jurisdiction shall remain in the compacting
27 state and shall be exercised by the agency thereof to which such
28 obligations, duties, powers or jurisdiction are delegated by law
29 in effect at the time this compact becomes effective.
30 Section 3. When and how compact becomes operative.
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1 (a) General rule.--When the Governor executes the Interstate
2 Compact for Juveniles on behalf of this State and files a
3 verified copy thereof with the Secretary of the Commonwealth and
4 when the compact is ratified by at least thirty-five other
5 states, then the compact shall become operative and effective
6 between this State and such other states. The Governor is hereby
7 authorized and directed to take such action as may be necessary
8 to complete the exchange of official documents between this
9 State and any other state ratifying the compact.
10 (b) Notice in Pennsylvania Bulletin.--The Secretary of the
11 Commonwealth shall publish a notice in the Pennsylvania Bulletin
12 when the conditions set forth in subsection (a) are satisfied
13 and shall include in the notice the date on which the compact
14 became effective and operative between this State and any other
15 states in accordance with this act.
16 Section 4. State council and compact administrator.
17 (a) State council.--
18 (1) Consistent with Article IX of the Interstate Compact
19 for Juveniles, there is hereby established the State Council
20 for Interstate Juvenile Supervision. The council shall
21 consist of nine ELEVEN members, seven of whom shall be <--
22 appointed by the Governor. At least two members shall be
23 judges of courts of record of this Commonwealth and at least
24 one shall be a county chief juvenile probation officer, a
25 representative from the Executive Branch of Government, a
26 representative of victims groups and the compact
27 administrator. The President pro tempore of the Senate and, <--
28 THE MINORITY LEADER OF THE SENATE, the Speaker of the House
29 of Representatives AND THE MINORITY LEADER OF THE HOUSE OF <--
30 REPRESENTATIVES shall each appoint a member of the General
20030S0319B0718 - 26 -
1 Assembly to serve as a member of the council.
2 (2) The term of a member of the council hereafter
3 appointed, except to fill a vacancy, shall be four years and
4 until a successor has been appointed, but in no event more
5 than 90 days beyond the expiration of the appointed term. The
6 term of a member of the council who is appointed by virtue of
7 serving as a member of the General Assembly, as a judge or as
8 a county chief juvenile probation officer shall continue only
9 as long as the individual remains in that office.
10 (3) A vacancy occurring in an office of a member of the
11 council for any reason shall be filled by the appointing
12 authority for the remainder of the term.
13 (b) Appointment of administrator.--The compact administrator
14 shall be appointed by the Governor and shall serve as a member
15 of the State Council for Interstate Juvenile Supervision and
16 shall serve on the Interstate Commission for Juveniles
17 established pursuant to the Interstate Compact for Juveniles.
18 (c) Compensation and expenses of administrator.--The compact
19 administrator who represents this State under the Interstate
20 Compact for Juveniles shall not be entitled to any additional
21 compensation his duties and responsibilities as compact
22 administrator but shall be entitled to reimbursement for
23 reasonable expenses actually incurred in connection with his
24 duties and responsibilities as compact administrator in the same
25 manner as for expenses incurred in connection with other duties
26 and responsibilities of his office or employment.
27 Section 5. Repeal.
28 Sections 731, 731.1, 732, 733, 734 and 735 of the act of June
29 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, are
30 repealed.
20030S0319B0718 - 27 -
1 Section 6. Effective date.
2 This act shall take effect as follows:
3 (1) Section 5 shall take effect on the date on which the
4 compact becomes effective and operative between this State
5 and any other states; such date to be published in accordance
6 with section 3(b).
7 (2) The remainder of this act shall take effect
8 immediately.
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