The compacting states to this interstate compact recognize | 33 |
that each state is responsible for the supervision of adult | 34 |
offenders in the community who are authorized pursuant to the | 35 |
bylaws and rules of this compact to travel across state lines both | 36 |
to and from each compacting state in such a manner as to track the | 37 |
location of offenders, transfer supervision authority in an | 38 |
orderly and efficient manner, and when necessary return offenders | 39 |
to the originating jurisdictions. The compacting states also | 40 |
recognize that Congress, by enacting the "Crime Control Act," 4 | 41 |
U.S.C. Section 112 (1965), has authorized and encouraged compacts | 42 |
for cooperative efforts and mutual assistance in the prevention of | 43 |
crime. | 44 |
It is the purpose of this compact and the interstate | 45 |
commission created under this compact, through means of joint and | 46 |
cooperative action among the compacting states: to provide the | 47 |
framework for the promotion of public safety and protect the | 48 |
rights of victims through the control and regulation of the | 49 |
interstate movement of offenders in the community; to provide for | 50 |
the effective tracking, supervision, and rehabilitation of these | 51 |
offenders by the sending and receiving states; and to equitably | 52 |
distribute the costs, benefits, and obligations of the compact | 53 |
among the compacting states. | 54 |
In addition, this compact will: create an interstate | 55 |
commission that will establish uniform procedures to manage the | 56 |
movement between states of adults placed under community | 57 |
supervision and released to the community under the jurisdiction | 58 |
of courts, paroling authorities, corrections, or other criminal | 59 |
justice agencies that will promulgate rules to achieve the purpose | 60 |
of this compact; ensure an opportunity for input and timely notice | 61 |
to victims and to jurisdictions where defined offenders are | 62 |
authorized to travel or to relocate across state lines; establish | 63 |
a system of uniform data collection, access to information on | 64 |
active cases by authorized criminal justice officials, and regular | 65 |
reporting of compact activities to heads of state councils, state | 66 |
executive, judicial, and legislative branches and criminal justice | 67 |
administrators; monitor compliance with rules governing interstate | 68 |
movement of offenders and initiate interventions to address and | 69 |
correct noncompliance; and coordinate training and education | 70 |
regarding regulations of interstate movement of offenders for | 71 |
officials involved in such activity. | 72 |
The compacting states recognize that there is no "right" of | 73 |
any offender to live in another state and that duly accredited | 74 |
officers of a sending state may at all times enter a receiving | 75 |
state and in that state apprehend and retake any offender under | 76 |
supervision subject to the provisions of this compact and bylaws | 77 |
and rules promulgated under this compact. It is the policy of the | 78 |
compacting states that the activities conducted by the interstate | 79 |
commission created in this compact are the formation of public | 80 |
policies and are therefore public business. | 81 |
The compacting states hereby create the "interstate | 132 |
commission for adult offender supervision." The interstate | 133 |
commission shall be a body corporate and joint agency of the | 134 |
compacting states. The interstate commission shall have all the | 135 |
responsibilities, powers, and duties set forth in this compact, | 136 |
including the power to sue and be sued, and any additional powers | 137 |
that may be conferred upon it by subsequent action of the | 138 |
respective legislatures of the compacting states in accordance | 139 |
with the terms of this compact. | 140 |
In addition to the commissioners who are the voting | 144 |
representatives of each state, the interstate commission shall | 145 |
include individuals who are not commissioners but who are members | 146 |
of interested organizations. The non-commissioner members must | 147 |
include a member of the national organizations of governors, | 148 |
legislators, state chief justices, attorneys general, and crime | 149 |
victims. All non-commissioner members of the interstate | 150 |
commission shall be ex-officio (nonvoting) members. The | 151 |
interstate commission may provide in its bylaws for any | 152 |
additional, ex-officio, nonvoting members that it deems
necessary. | 153 |
Each compacting state represented at any meeting of the | 154 |
interstate commission is entitled to one vote. A majority of the | 155 |
compacting states shall constitute a quorum for the transaction of | 156 |
business, unless a larger quorum is required by the bylaws of the | 157 |
interstate commission. The interstate commission shall meet at | 158 |
least once each calendar year. The chairperson may call | 159 |
additional meetings and, upon the request of twenty-seven or more | 160 |
compacting states, shall call additional meetings. Public notice | 161 |
shall be given of all meetings, and meetings shall be open to the | 162 |
public. | 163 |
The interstate commission shall establish an executive | 164 |
committee, which shall include commission officers, members, and | 165 |
others as shall be determined by the bylaws. The executive | 166 |
committee shall have the power to act on behalf of the interstate | 167 |
commission during periods when the interstate commission is not in | 168 |
session, with the exception of rulemaking or amendment to the | 169 |
compact. The executive committee oversees the day-to-day | 170 |
activities managed by the executive director and interstate | 171 |
commission staff; administers enforcement and compliance with the | 172 |
provisions of the compact, its bylaws, and as directed by the | 173 |
interstate commission; and performs other duties as directed by | 174 |
commission or set forth in the bylaws. | 175 |
Each member state shall create a state council for | 178 |
interstate adult offender supervision. The state council shall be | 179 |
responsible for the appointment of the commissioner who shall | 180 |
serve on the interstate commission from that state. Each state | 181 |
council shall appoint as its commissioner the compact | 182 |
administrator from that state to serve on the interstate | 183 |
commission in that capacity under or pursuant to applicable law of | 184 |
the member state. While each member state may determine the | 185 |
membership of its own state council, its membership must include | 186 |
at least one representative from the legislative, judicial, and | 187 |
executive branches of government, victims groups, and compact | 188 |
administrators. Each compacting state retains the right to | 189 |
determine the qualifications of the compact administrator who | 190 |
shall be appointed by the state council or by the governor in | 191 |
consultation with the legislature and the judiciary. In addition | 192 |
to appointment of its commissioner to the national interstate | 193 |
commission, each state council shall exercise oversight and | 194 |
advocacy concerning its participation in interstate commission | 195 |
activities and other duties as may be determined by each member | 196 |
state, including, but not limited to, development of policy | 197 |
concerning operations and procedures of the compact within that | 198 |
state. | 199 |
(I) To elect or appoint any officers, attorneys, employees, | 226 |
agents, or consultants, and to fix their compensation, define | 227 |
their duties, and determine their qualifications; and to establish | 228 |
the interstate commission's personnel policies and programs | 229 |
relating to, among other things, conflicts of interest, rates of | 230 |
compensation, and qualifications of personnel; | 231 |
The interstate commission shall, by a majority of the | 294 |
members, elect from among its members a chairperson and a vice | 295 |
chairperson, each of whom shall have the authorities and duties as | 296 |
may be specified in the bylaws. The chairperson or, in his or her | 297 |
absence or disability, the vice chairperson, shall preside at all | 298 |
meetings of the interstate commission. The officers so elected | 299 |
shall serve without compensation or remuneration from the | 300 |
interstate commission; provided that, subject to the availability | 301 |
of budgeted funds, the officers shall be reimbursed for any actual | 302 |
and necessary costs and expenses incurred by them in the | 303 |
performance of their duties and responsibilities as officers of | 304 |
the interstate commission. | 305 |
The interstate commission shall, through its executive | 306 |
committee, appoint or retain an executive director for the period, | 307 |
upon the terms and conditions, and for the compensation that the | 308 |
interstate commission considers appropriate. The executive | 309 |
director shall serve as secretary to the interstate commission, | 310 |
and hire and supervise the other staff that may be authorized by | 311 |
the
interstate commission, but shall not be a member. | 312 |
The members, officers, executive director, and employees of | 317 |
the interstate commission shall be immune from suit and liability, | 318 |
either personally or in their official capacity, for any claim for | 319 |
damage to or loss of property or personal injury or other civil | 320 |
liability caused or arising out of any actual or alleged act, | 321 |
error or omission that occurred within the scope of interstate | 322 |
commission employment, duties, or responsibilities; provided that | 323 |
nothing in this paragraph shall be construed to protect any such | 324 |
person from suit or liability for any damage, loss, injury, or | 325 |
liability caused by the intentional or willful and wanton | 326 |
misconduct of any such person. | 327 |
The interstate commission shall defend the commissioner of | 328 |
a compacting state, or the commissioner's representatives or | 329 |
employees, or the interstate commission's representatives or | 330 |
employees, in any civil action seeking to impose liability, | 331 |
arising out of any actual or alleged act, error, or omission that | 332 |
occurred within the scope of interstate commission employment, | 333 |
duties, or responsibilities, or that the defendant had a | 334 |
reasonable basis for believing occurred within the scope of | 335 |
interstate commission employment, duties, or responsibilities; | 336 |
provided, that the actual or alleged act, error, or omission did | 337 |
not result from intentional wrongdoing on the part of the person. | 338 |
The interstate commission shall indemnify and hold the | 339 |
commissioner of a compacting state, the appointed designee, or | 340 |
employees, or the interstate commission's representatives or | 341 |
employees, harmless in the amount of any settlement or judgment | 342 |
obtained against such persons arising out of any actual or alleged | 343 |
act, error, or omission that occurred within the scope of | 344 |
interstate commission employment, duties, or responsibilities, or | 345 |
that such persons had a reasonable basis for believing occurred | 346 |
within the scope of interstate commission employment, duties, or | 347 |
responsibilities, provided that the actual or alleged act, error, | 348 |
or omission did not result from gross negligence or intentional | 349 |
wrongdoing on the part of the person. | 350 |
Each member of the interstate commission shall have the | 361 |
right and power to cast a vote to which that compacting state is | 362 |
entitled and to participate in the business and affairs of the | 363 |
interstate commission. A member shall vote in person on behalf of | 364 |
the state and shall not delegate a vote to another member state. | 365 |
However, a state council shall appoint another authorized | 366 |
representative, in the absence of the commissioner from that | 367 |
state, to cast a vote on behalf of the member state at a specified | 368 |
meeting. The bylaws may provide for members' participation in | 369 |
meetings by telephone or other means of telecommunication or | 370 |
electronic communication. Any voting conducted by telephone or | 371 |
other means of telecommunication or electronic communication shall | 372 |
be subject to the same quorum requirements of meetings where | 373 |
members are present in person. | 374 |
The interstate commission's bylaws shall establish | 379 |
conditions and procedures under which the interstate commission | 380 |
shall make its information and official records available to the | 381 |
public for inspection or copying. The interstate commission may | 382 |
exempt from disclosure any information or official records to the | 383 |
extent they would adversely affect personal privacy rights or | 384 |
proprietary interests. In promulgating those rules, the | 385 |
interstate commission may make available to law enforcement | 386 |
agencies records and information otherwise exempt from disclosure | 387 |
and may enter into agreements with law enforcement agencies to | 388 |
receive or exchange information or records subject to | 389 |
nondisclosure and confidentiality provisions. | 390 |
Public notice shall be given of all meetings, and all | 391 |
meetings shall be open to the public, except as set forth in the | 392 |
rules or as otherwise provided in the compact. The interstate | 393 |
commission shall promulgate rules consistent with the principles | 394 |
contained in the "Government in Sunshine Act," 5 U.S.C. Section | 395 |
552(b), as amended. The interstate commission and any of its | 396 |
committees may close a meeting to the public if it determines by | 397 |
two-thirds vote that an open meeting would be likely to do any of | 398 |
the following: | 399 |
(B) For every meeting closed pursuant to this provision, the | 424 |
interstate commission's chief legal officer shall publicly certify | 425 |
that, in the legal officer's opinion, the meeting may be closed to | 426 |
the public, and shall reference each relevant exemptive provision. | 427 |
The interstate commission shall keep minutes, and the minutes | 428 |
shall fully and clearly describe all matters discussed in any | 429 |
meeting and shall provide a full and accurate summary of any | 430 |
actions taken, and the reasons for the actions, including a | 431 |
description of each of the views expressed on any item and the | 432 |
record of any roll call vote (reflected in the vote of each member | 433 |
on the question). All documents considered in connection with any | 434 |
action shall be identified in the minutes. | 435 |
Rulemaking shall occur pursuant to the criteria set forth in | 448 |
this article and the bylaws and rules adopted pursuant to this | 449 |
article. The rulemaking shall substantially conform to the | 450 |
principles of the "Federal Administrative Procedure Act," 5 | 451 |
U.S.C.S. section 551 et seq., and the "Federal Advisory Committee | 452 |
Act," 5 U.S.C.S. app. 2, section 1 et seq., as amended | 453 |
(hereinafter "APA"). All rules and amendments shall become | 454 |
binding as of the date specified in each rule or amendment. | 455 |
(B) Not later than sixty days after a rule is promulgated, | 470 |
any interested person may file a petition in the United States | 471 |
district court for the District of Columbia or in the federal | 472 |
district court where the interstate commission's principal office | 473 |
is located for judicial review of the rule. If the court finds | 474 |
that the interstate commission's action is not supported by | 475 |
substantial evidence, as defined in the APA, in the rulemaking | 476 |
record, the court shall hold the rule unlawful and set it aside. | 477 |
Upon determination by the interstate commission that an | 498 |
emergency exists, it may promulgate an emergency rule, and the | 499 |
emergency rule shall become effective immediately upon adoption, | 500 |
provided that the usual rulemaking procedures provided under this | 501 |
compact shall be retroactively applied to the rule as soon as | 502 |
reasonably possible, in no event later than ninety days after the | 503 |
effective date of the rule. | 504 |
The courts and executive agencies in each compacting state | 513 |
shall enforce this compact and shall take all actions necessary | 514 |
and appropriate to effectuate the compact's purposes and intent. | 515 |
In any judicial or administrative proceeding in a compacting state | 516 |
pertaining to the subject matter of this compact that may affect | 517 |
the powers, responsibilities, or actions of the interstate | 518 |
commission, the interstate commission shall be entitled to receive | 519 |
all service of process in any such proceeding and shall have | 520 |
standing to intervene in the proceeding for all purposes. | 521 |
The interstate commission shall levy on and collect an | 543 |
annual assessment from each compacting state to cover the cost of | 544 |
the internal operations and activities of the interstate | 545 |
commission and its staff. The annual assessment shall be in a | 546 |
total amount sufficient to cover the interstate commission's | 547 |
annual budget as approved each year. The aggregate annual | 548 |
assessment amount shall be allocated based upon a formula to be | 549 |
determined by the interstate commission, taking into consideration | 550 |
the population of the state and the volume of interstate movement | 551 |
of offenders in each compacting state, and shall promulgate a rule | 552 |
that is binding upon all compacting states and governs the | 553 |
assessment. | 554 |
The interstate commission shall keep accurate accounts of | 560 |
all receipts and disbursements. The receipts and disbursements of | 561 |
the interstate commission shall be subject to the audit and | 562 |
accounting procedures established under its bylaws. However, all | 563 |
receipts and disbursements of funds handled by the interstate | 564 |
commission shall be audited yearly by a certified or licensed | 565 |
public accountant, and the report of the audit shall be included | 566 |
in and become part of the annual report of the interstate | 567 |
commission. | 568 |
Any state, as defined in Article II of this compact, is | 571 |
eligible to become a compacting state. The compact shall become | 572 |
effective and binding upon legislative enactment of the compact | 573 |
into law by no less than thirty-five of the states. The initial | 574 |
effective date shall be the later of July 1, 2001, or upon | 575 |
enactment into law by the thirty-fifth jurisdiction. After the | 576 |
initial effective date, it shall become effective and binding, as | 577 |
to any other compacting state, upon enactment of the compact into | 578 |
law by that state. The governors of nonmember states or their | 579 |
designees shall be invited to participate in interstate commission | 580 |
activities on a nonvoting basis prior to adoption of the compact | 581 |
by all states and territories of the United States. | 582 |
(c) Suspension and termination of membership in the | 623 |
compact. Suspension shall be imposed only after all other | 624 |
reasonable means of securing compliance under the bylaws and rules | 625 |
have been exhausted. Immediate notice of suspension shall be given | 626 |
by the interstate commission to the governor, the chief justice or | 627 |
chief judicial officer of the state, the majority and minority | 628 |
leaders of the defaulting state's legislature, and the state | 629 |
council. | 630 |
(2) The grounds for default include, but are not limited | 631 |
to, failure of a compacting state to perform the obligations or | 632 |
responsibilities imposed upon it by this compact, interstate | 633 |
commission bylaws, or duly promulgated rules. The interstate | 634 |
commission shall immediately notify the defaulting state in | 635 |
writing of the penalty imposed by the interstate commission on the | 636 |
defaulting state pending a cure of the default. The interstate | 637 |
commission shall stipulate the conditions and the time period | 638 |
within which the defaulting state must cure its default. If the | 639 |
defaulting state fails to cure the default within the time period | 640 |
specified by the interstate commission, in addition to any other | 641 |
penalties imposed in this compact, the defaulting state may be | 642 |
terminated from the compact upon an affirmative vote of a majority | 643 |
of the compacting states and all rights, privileges, and benefits | 644 |
conferred by this compact shall be terminated from the effective | 645 |
date of suspension. Within sixty days of the effective date of | 646 |
termination of a defaulting state, the interstate commission shall | 647 |
notify the governor, the chief justice or chief judicial officer, | 648 |
the majority and minority leaders of the defaulting state's | 649 |
legislature, and the state council of the termination. | 650 |
The interstate commission may, by majority vote of the | 663 |
members, initiate legal action in the United States district court | 664 |
for the District of Columbia or, at the discretion of the | 665 |
interstate commission, in the federal district where the | 666 |
interstate commission has its offices to enforce compliance with | 667 |
the provisions of the compact, its duly promulgated rules, and | 668 |
bylaws, against any compacting state in default. In the event | 669 |
judicial enforcement is necessary, the prevailing party shall be | 670 |
awarded all costs of the litigation including reasonable attorneys | 671 |
fees. | 672 |
If any provision of this compact exceeds the constitutional | 709 |
limits imposed on the legislature of any compacting state, the | 710 |
obligations, duties, powers, or jurisdiction sought to be | 711 |
conferred by that provision upon the interstate commission shall | 712 |
be ineffective and the obligations, duties, powers, or | 713 |
jurisdiction shall remain in the compacting state and shall be | 714 |
exercised by the agency of that state to which the obligations, | 715 |
duties, powers, or jurisdiction are delegated by law in effect at | 716 |
the time this compact becomes effective."
| 717 |
Section 4. By amending section 5149.18 and repealing section | 725 |
5149.17 of the Revised Code in this act, Ohio hereby withdraws | 726 |
from the Interstate Compact for the Supervision of Parolees and | 727 |
Probationers. As described in division (G) of section 5149.17 of | 728 |
the Revised Code, Ohio's duties under that compact shall continue | 729 |
as to parolees or probationers residing in Ohio at the time of | 730 |
withdrawal until they are retaken or finally discharged by the | 731 |
sending state. Pursuant to division (G) of section 5149.17 of the | 732 |
Revised Code, the governor shall immediately send notice in | 733 |
writing of Ohio's intention to withdraw from the Interstate | 734 |
Compact for the Supervision of Parolees and Probationers to the | 735 |
other states that are parties to the compact. | 736 |