REPRESENTATIVES Latta, Seitz, Willamowski, Lendrum, Cirelli, Gilb, Aslanides, Womer Benjamin, Hughes, DePiero, Faber, Fessler, Flowers, Carmichael, Schmidt, G. Smith, Perry, Coates, Barrett, Latell, Salerno, Hollister, Clancy, Roman, Callender

To amend section 5149.18, to enact sections 5149.21,

1

5149.22, and 5149.24, and to repeal section 5149.17

2

of the Revised Code to withdraw from the Interstate

3

Compact for the Supervision of Parolees and

4

Probationers, to join the Interstate Compact for

5

Adult Offender Supervision, and to enact related

6

regulations.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5149.18 be amended and sections	8
5149.21, 5149.22, and 5149.24 of the Revised Code be enacted to	9
read as follows:	10

Sec. 5149.18.  For the purposes of Chapter 5149. of the	11
Revised Code, all of the following apply:	12

(A) "State, states, or States" means one or several of the	13
fifty states of the United States, Puerto Rico, the Virgin	14
Islands, and the District of Columbia.	15

(B) The term "parole" includes post-release control under	16
section 2967.28 of the Revised Code.	17

(C) The term "probation" includes non-prison sanctions	18
imposed under sections 2929.16, 2929.17, and 2929.18 of the	19
Revised Code.	20

Pursuant to the consent and authorization contained in	21
Section 111 (b) of title 4 of the United States Code as cited in	22
section 5149.17 of the Revised Code, this state shall be a party	23
to "Interstate Compact for the Supervision of Parolees and	24
Probationers" with any additional jurisdiction legally joining	25
therein when such jurisdiction has entered in said compact in	26
accordance with its terms.	27

Sec. 5149.21. The "interstate compact for adult offender	28
supervision" is hereby enacted into law and entered into with all	29
other jurisdictions legally joining in that compact in the form	30
substantially as follows:	31

"INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

32

ARTICLE I

33

PURPOSE

34

The compacting states to this interstate compact recognize	35
that each state is responsible for the supervision of adult	36
offenders in the community who are authorized pursuant to the	37
bylaws and rules of this compact to travel across state lines both	38
to and from each compacting state in such a manner as to track the	39
location of offenders, transfer supervision authority in an	40
orderly and efficient manner, and when necessary return offenders	41
to the originating jurisdictions. The compacting states also	42
recognize that Congress, by enacting the "Crime Control Act," 4	43
U.S.C. Section 112 (1965), has authorized and encouraged compacts	44
for cooperative efforts and mutual assistance in the prevention of	45
crime.	46

It is the purpose of this compact and the interstate	47
commission created under this compact, through means of joint and	48
cooperative action among the compacting states: to provide the	49
framework for the promotion of public safety and protect the	50
rights of victims through the control and regulation of the	51
interstate movement of offenders in the community; to provide for	52
the effective tracking, supervision, and rehabilitation of these	53
offenders by the sending and receiving states; and to equitably	54
distribute the costs, benefits, and obligations of the compact	55
among the compacting states.	56

In addition, this compact will: create an interstate	57
commission that will establish uniform procedures to manage the	58
movement between states of adults placed under community	59
supervision and released to the community under the jurisdiction	60
of courts, paroling authorities, corrections, or other criminal	61
justice agencies that will promulgate rules to achieve the purpose	62
of this compact; ensure an opportunity for input and timely notice	63
to victims and to jurisdictions where defined offenders are	64
authorized to travel or to relocate across state lines; establish	65
a system of uniform data collection, access to information on	66
active cases by authorized criminal justice officials, and regular	67
reporting of compact activities to heads of state councils, state	68
executive, judicial, and legislative branches and criminal justice	69
administrators; monitor compliance with rules governing interstate	70
movement of offenders and initiate interventions to address and	71
correct noncompliance; and coordinate training and education	72
regarding regulations of interstate movement of offenders for	73
officials involved in such activity.	74

The compacting states recognize that there is no "right" of	75
any offender to live in another state and that duly accredited	76
officers of a sending state may at all times enter a receiving	77
state and in that state apprehend and retake any offender under	78
supervision subject to the provisions of this compact and bylaws	79
and rules promulgated under this compact. It is the policy of the	80
compacting states that the activities conducted by the interstate	81
commission created in this compact are the formation of public	82
policies and are therefore public business.	83

ARTICLE II

84

DEFINITIONS

85

As used in this compact, unless the context clearly requires	86
a different construction:	87

(A) "Adult" means both individuals legally classified as	88
adults and juveniles treated as adults by court order, statute, or	89
operation of law.	90

(B) "Bylaws" means those bylaws established by the	91
interstate commission for its governance, or for directing or	92
controlling the interstate commission's actions or conduct.	93

(C) "Compact administrator" means the individual in each	94
compacting state who is appointed pursuant to the terms of this	95
compact and who is responsible for the administration and	96
management of the state's supervision and transfer of offenders	97
subject to the terms of this compact, the rules adopted by the	98
interstate commission, and policies adopted by the state council	99
under this compact.	100

(D) "Compacting state" means any state that has enacted the	101
enabling legislation for this compact.	102

(E) "Commissioner" means the voting representative of each	103
compacting state appointed pursuant to Article III of this	104
compact.	105

(F) "Interstate commission" means the interstate commission	106
for adult offender supervision established by this compact.	107

(G) "Member" means the commissioner of a compacting state or	108
designee, who is a person officially connected with the	109
commissioner.	110

(H) "Noncompacting state" means any state that has not	111
enacted the enabling legislation for this compact.	112

(I) "Offender" means an adult placed under, or subject, to	113
supervision as the result of the commission of a criminal offense	114
and released to the community under the jurisdiction of courts,	115
paroling authorities, corrections, or other criminal justice	116
agencies.	117

(J) "Person" means any individual, corporation, business	118
enterprise, or other legal entity, either public or private.	119

(K) "Rules" means acts of the interstate commission, duly	120
promulgated pursuant to Article VIII of this compact,	121
substantially affecting interested parties in addition to the	122
interstate commission.	123

The rules shall have the force and effect of law in the	124
compacting states.	125

(L) "State" means a state of the United States, the District	126
of Columbia, and any other territorial possessions of the United	127
States.	128

(M) "State council" means the resident members of the state	129
council for interstate adult offender supervision created by each	130
state under Article III of this compact.	131

ARTICLE III

132

THE COMPACT COMMISSION

133

The compacting states hereby create the "interstate	134
commission for adult offender supervision." The interstate	135
commission shall be a body corporate and joint agency of the	136
compacting states. The interstate commission shall have all the	137
responsibilities, powers, and duties set forth in this compact,	138
including the power to sue and be sued, and any additional powers	139
that may be conferred upon it by subsequent action of the	140
respective legislatures of the compacting states in accordance	141
with the terms of this compact.	142

The interstate commission shall consist of commissioners	143
selected and appointed by resident members of a state council for	144
interstate adult offender supervision for each state.	145

In addition to the commissioners who are the voting	146
representatives of each state, the interstate commission shall	147
include individuals who are not commissioners but who are members	148
of interested organizations. The non-commissioner members must	149
include a member of the national organizations of governors,	150
legislators, state chief justices, attorneys general, and crime	151
victims. All non-commissioner members of the interstate	152
commission shall be ex-officio (nonvoting) members. The	153
interstate commission may provide in its bylaws for any	154
additional, ex-officio, nonvoting members that it deems necessary.	155

Each compacting state represented at any meeting of the	156
interstate commission is entitled to one vote. A majority of the	157
compacting states shall constitute a quorum for the transaction of	158
business, unless a larger quorum is required by the bylaws of the	159
interstate commission. The interstate commission shall meet at	160
least once each calendar year. The chairperson may call	161
additional meetings and, upon the request of twenty-seven or more	162
compacting states, shall call additional meetings. Public notice	163
shall be given of all meetings, and meetings shall be open to the	164
public.	165

The interstate commission shall establish an executive	166
committee, which shall include commission officers, members, and	167
others as shall be determined by the bylaws. The executive	168
committee shall have the power to act on behalf of the interstate	169
commission during periods when the interstate commission is not in	170
session, with the exception of rulemaking or amendment to the	171
compact. The executive committee oversees the day-to-day	172
activities managed by the executive director and interstate	173
commission staff; administers enforcement and compliance with the	174
provisions of the compact, its bylaws, and as directed by the	175
interstate commission; and performs other duties as directed by	176
commission or set forth in the bylaws.	177

ARTICLE IV

178

THE STATE COUNCIL

179

Each member state shall create a state council for	180
interstate adult offender supervision. The compact administrator	181
or the administrator's designee shall be the commissioner of the	182
state council to serve on the interstate commission. While each	183
member state may determine the membership of its own state	184
council, its membership must include at least one representative	185
from the legislative, judicial, and executive branches of	186
government, victims groups, and compact administrators. Each	187
compacting state retains the right to determine the qualifications	188
of the compact administrator who shall be appointed by the	189
governor. In addition to appointment of its commissioner to the	190
national interstate commission, each state council shall exercise	191
oversight and advocacy concerning its participation in interstate	192
commission activities and other duties as may be determined by	193
each member state, including, but not limited to, development of	194
policy concerning operations and procedures of the compact within	195
that state.	196

ARTICLE V

197

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

198

The interstate commission shall have the following powers:

199

(A) To adopt a seal and suitable bylaws governing the	200
management and operation of the interstate commission;	201

(B) To promulgate rules that have the force and effect of	202
statutory law and are binding in the compacting states to the	203
extent and in the manner provided in this compact;	204

(C) To oversee, supervise, and coordinate the interstate	205
movement of offenders subject to the terms of this compact and any	206
bylaws adopted and rules promulgated by the compact commission;	207

(D) To enforce compliance with compact provisions,	208
interstate commission rules, and bylaws, using all necessary and	209
proper means, including, but not limited to, the use of judicial	210
process;	211

(E) To establish and maintain offices;

212

(F) To purchase and maintain insurance and bonds;

213

(G) To borrow, accept, or contract for services of	214
personnel, including, but not limited to, members and their	215
staffs;	216

(H) To establish and appoint committees and hire staff that	217
it considers necessary for the carrying out of its functions,	218
including, but not limited to, an executive committee as required	219
by Article III of this compact. The committees shall have the	220
power to act on behalf of the interstate commission in carrying	221
out its powers and duties under this compact.	222

(I) To elect or appoint any officers, attorneys, employees,	223
agents, or consultants, and to fix their compensation, define	224
their duties, and determine their qualifications; and to establish	225
the interstate commission's personnel policies and programs	226
relating to, among other things, conflicts of interest, rates of	227
compensation, and qualifications of personnel;	228

(J) To accept any and all donations and grants of money,	229
equipment, supplies, materials, and services, and to receive,	230
utilize, and dispose of those donations and grants;	231

(K) To lease, purchase, accept contributions or donations	232
of, or otherwise to own, hold, improve, or use any property, real,	233
personal, or mixed;	234

(L) To sell, convey, mortgage, pledge, lease, exchange,	235
abandon, or otherwise dispose of any property, real, personal, or	236
mixed;	237

(M) To establish a budget and make expenditures and levy	238
dues as provided in Article X of this compact;	239

(N) To sue and be sued;

240

(O) To provide for dispute resolution among compacting	241
states;	242

(P) To perform any functions that may be necessary or	243
appropriate to achieve the purposes of this compact;	244

(Q) To report annually to the legislatures, governors,	245
judiciary, and state councils of the compacting states concerning	246
the activities of the interstate commission during the preceding	247
year. The reports shall also include any recommendations that may	248
have been adopted by the interstate commission.	249

(R) To coordinate education, training, and public awareness	250
regarding the interstate movement of offenders for officials	251
involved in such activity;	252

(S) To establish uniform standards for the reporting,	253
collecting, and exchanging of data.	254

ARTICLE VI

255

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

256

(A) Bylaws

257

The interstate commission shall, by a majority of the	258
members, within twelve months of the first interstate commission	259
meeting, adopt bylaws to govern its conduct as may be necessary or	260
appropriate to carry out the purposes of the compact, including,	261
but, not limited to all of the following:	262

(1) Establishing the fiscal year of the interstate	263
commission;	264

(2) Establishing an executive committee and any other	265
committees that may be necessary;	266

(3) Providing reasonable standards and procedures:

267

(a) For the establishment of committees;

268

(b) Governing any general or specific delegation of any	269
authority or function of the interstate commission.	270

(4) Providing reasonable procedures for calling and	271
conducting meetings of the interstate commission, and ensuring	272
reasonable notice of each meeting;	273

(5) Establishing the titles and responsibilities of the	274
officers of the interstate commission;	275

(6) Providing reasonable standards and procedures for the	276
establishment of the personnel policies and programs of the	277
interstate commission. Notwithstanding any civil service or other	278
similar laws of any compacting state, the bylaws shall exclusively	279
govern the personnel policies and programs of the interstate	280
commission.	281

(7) Providing a mechanism for winding up the operations of	282
the interstate commission and the equitable return of any surplus	283
funds that may exist upon the termination of the compact after the	284
payment or reserving of all of its debts and obligations;	285

(8) Providing transition rules for "start up"	286
administration of the compact;	287

(9) Establishing standards and procedures for compliance and	288
technical assistance in carrying out the compact.	289

(B) Officers and staff

290

The interstate commission shall, by a majority of the	291
members, elect from among its members a chairperson and a vice	292
chairperson, each of whom shall have the authorities and duties as	293
may be specified in the bylaws. The chairperson or, in his or her	294
absence or disability, the vice chairperson, shall preside at all	295
meetings of the interstate commission. The officers so elected	296
shall serve without compensation or remuneration from the	297
interstate commission; provided that, subject to the availability	298
of budgeted funds, the officers shall be reimbursed for any actual	299
and necessary costs and expenses incurred by them in the	300
performance of their duties and responsibilities as officers of	301
the interstate commission.	302

The interstate commission shall, through its executive	303
committee, appoint or retain an executive director for the period,	304
upon the terms and conditions, and for the compensation that the	305
interstate commission considers appropriate. The executive	306
director shall serve as secretary to the interstate commission,	307
and hire and supervise the other staff that may be authorized by	308
the interstate commission, but shall not be a member.	309

(C) Corporate records of the interstate commission

310

The interstate commission shall maintain its corporate books	311
and records in accordance with the bylaws.	312

(D) Qualified immunity, defense and indemnification

313

The members, officers, executive director, and employees of	314
the interstate commission shall be immune from suit and liability,	315
either personally or in their official capacity, for any claim for	316
damage to or loss of property or personal injury or other civil	317
liability caused or arising out of any actual or alleged act,	318
error or omission that occurred within the scope of interstate	319
commission employment, duties, or responsibilities; provided that	320
nothing in this paragraph shall be construed to protect any such	321
person from suit or liability for any damage, loss, injury, or	322
liability caused by the intentional or willful and wanton	323
misconduct of any such person.	324

Upon the request of the attorney general, the interstate	325
commission shall assist in the defense of the commissioner of a	326
compacting state, or the commissioner's representatives or	327
employees, or the interstate commission's representatives or	328
employees, in any civil action seeking to impose liability,	329
arising out of any actual or alleged act, error, or omission that	330
occurred within the scope of interstate commission employment,	331
duties, or responsibilities, or that the defendant had a	332
reasonable basis for believing occurred within the scope of	333
interstate commission employment, duties, or responsibilities;	334
provided, that the actual or alleged act, error, or omission did	335
not result from intentional wrongdoing on the part of the person.	336

The interstate commission shall indemnify and hold the	337
commissioner of a compacting state, the appointed designee, or	338
employees, or the interstate commission's representatives or	339
employees, harmless in the amount of any settlement or judgment	340
obtained against such persons arising out of any actual or alleged	341
act, error, or omission that occurred within the scope of	342
interstate commission employment, duties, or responsibilities, or	343
that such persons had a reasonable basis for believing occurred	344
within the scope of interstate commission employment, duties, or	345
responsibilities, provided that the actual or alleged act, error,	346
or omission did not result from gross negligence or intentional	347
wrongdoing on the part of the person.	348

ARTICLE VII

349

ACTIVITIES OF THE INTERSTATE COMMISSION

350

(A) The interstate commission shall meet and take any	351
actions that are consistent with the provisions of this compact.	352

Except as otherwise provided in this compact and unless a	353
greater percentage is required by the bylaws, in order to	354
constitute an act of the interstate commission, the act shall have	355
been taken at a meeting of the interstate commission and shall	356
have received an affirmative vote of a majority of the members	357
present.	358

Each member of the interstate commission shall have the	359
right and power to cast a vote to which that compacting state is	360
entitled and to participate in the business and affairs of the	361
interstate commission. A member shall vote in person on behalf of	362
the state and shall not delegate a vote to another member state.	363
However, a state council shall appoint another authorized	364
representative, in the absence of the commissioner from that	365
state, to cast a vote on behalf of the member state at a specified	366
meeting. The bylaws may provide for members' participation in	367
meetings by telephone or other means of telecommunication or	368
electronic communication. Any voting conducted by telephone or	369
other means of telecommunication or electronic communication shall	370
be subject to the same quorum requirements of meetings where	371
members are present in person.	372

The interstate commission shall meet at least once during	373
each calendar year. The chairperson of the interstate commission	374
may call additional meetings at any time and, upon the request of	375
a majority of the members, shall call additional meetings.	376

The interstate commission's bylaws shall establish	377
conditions and procedures under which the interstate commission	378
shall make its information and official records available to the	379
public for inspection or copying. The interstate commission may	380
exempt from disclosure any information or official records to the	381
extent they would adversely affect personal privacy rights or	382
proprietary interests. In promulgating those rules, the	383
interstate commission may make available to law enforcement	384
agencies records and information otherwise exempt from disclosure	385
and may enter into agreements with law enforcement agencies to	386
receive or exchange information or records subject to	387
nondisclosure and confidentiality provisions.	388

Public notice shall be given of all meetings, and all	389
meetings shall be open to the public, except as set forth in the	390
rules or as otherwise provided in the compact. The interstate	391
commission shall promulgate rules consistent with the principles	392
contained in the "Government in Sunshine Act," 5 U.S.C. Section	393
552(b), as amended. The interstate commission and any of its	394
committees may close a meeting to the public if it determines by	395
two-thirds vote that an open meeting would be likely to do any of	396
the following:	397

(1) Relate solely to the interstate commission's internal	398
personnel practices and procedures;	399

(2) Disclose matters specifically exempted from disclosure	400
by statute;	401

(3) Disclosure trade secrets or commercial or financial	402
information that is privileged or confidential;	403

(4) Involve accusing any person of a crime or formally	404
censuring any person;	405

(5) Disclose information of a personal nature if disclosure	406
would constitute a clearly unwarranted invasion of personal	407
privacy;	408

(6) Disclose investigatory records compiled for law	409
enforcement purposes;	410

(7) Disclose information contained in or related to	411
examination, operating, or condition reports prepared by, on	412
behalf of, or for the use of the interstate commission with	413
respect to a regulated entity for the purpose of regulation or	414
supervision of the regulated entity;	415

(8) Disclose information, the premature disclosure of which	416
would significantly endanger the life of a person or the stability	417
of a regulated entity;	418

(9) Specifically relate to the interstate commission's	419
issuance of a subpoena or its participation in a civil action or	420
proceeding.	421

(B) For every meeting closed pursuant to this provision, the	422
interstate commission's chief legal officer shall publicly certify	423
that, in the legal officer's opinion, the meeting may be closed to	424
the public, and shall reference each relevant exemptive provision.	425
The interstate commission shall keep minutes, and the minutes	426
shall fully and clearly describe all matters discussed in any	427
meeting and shall provide a full and accurate summary of any	428
actions taken, and the reasons for the actions, including a	429
description of each of the views expressed on any item and the	430
record of any roll call vote (reflected in the vote of each member	431
on the question). All documents considered in connection with any	432
action shall be identified in the minutes.	433

The interstate commission shall collect standardized data	434
concerning the interstate movement of offenders as directed	435
through its bylaws and rules. The bylaws and rules shall specify	436
the data to be collected, the means of collection and data	437
exchange, and reporting requirements.	438

ARTICLE VIII

439

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

440

(A) The interstate commission shall promulgate rules in	441
order to effectively and efficiently achieve the purposes of the	442
compact including transition rules governing administration of the	443
compact during the period in which it is being considered and	444
enacted by the states.	445

Rulemaking shall occur pursuant to the criteria set forth in	446
this article and the bylaws and rules adopted pursuant to this	447
article. The rulemaking shall substantially conform to the	448
principles of the "Federal Administrative Procedure Act," 5	449
U.S.C.S. section 551 et seq., and the "Federal Advisory Committee	450
Act," 5 U.S.C.S. app. 2, section 1 et seq., as amended	451
(hereinafter "APA"). All rules and amendments shall become	452
binding as of the date specified in each rule or amendment.	453

If a majority of the legislatures of the compacting states	454
rejects a rule, by enactment of a statute or resolution in the	455
same manner used to adopt the compact, then the rule shall have no	456
further force and effect in any compacting state.	457

When promulgating a rule, the interstate commission shall do	458
all of the following:	459

(1) Publish the proposed rule stating with particularity	460
the text of the rule that is proposed and the reason for the	461
proposed rule;	462

(2) Allow persons to submit written data, facts, opinions	463
and arguments, which information shall be publicly available;	464

(3) Provide an opportunity for an informal hearing;

465

(4) Promulgate a final rule and its effective date, if	466
appropriate, based on the rulemaking record.	467

(B) Not later than sixty days after a rule is promulgated,	468
any interested person may file a petition in the United States	469
district court for the District of Columbia or in the federal	470
district court where the interstate commission's principal office	471
is located for judicial review of the rule. If the court finds	472
that the interstate commission's action is not supported by	473
substantial evidence, as defined in the APA, in the rulemaking	474
record, the court shall hold the rule unlawful and set it aside.	475

Subjects to be addressed within twelve months after the	476
first meeting shall at a minimum include all of the following:	477

(1) Notice to victims and an opportunity to be heard;

478

(2) Offender registration and compliance;

479

(3) Violations and returns;

480

(4) Transfer procedures and forms;

481

(5) Eligibility for transfer;

482

(6) Collection of restitution and fees from offenders;

483

(7) Data collection and reporting;

484

(8) The level of supervision to be provided by the	485
receiving state;	486

(9) Transition rules governing the operation of the compact	487
and the interstate commission during all or part of the period	488
between the effective date of the compact and the date on which	489
the last eligible state adopts the compact;	490

(10) Mediation, arbitration, and dispute resolution.

491

(C) The existing rules governing the operation of the	492
previous compact superseded by this act shall be null and void	493
twelve months after the first meeting of the interstate commission	494
created under this compact.	495

Upon determination by the interstate commission that an	496
emergency exists, it may promulgate an emergency rule, and the	497
emergency rule shall become effective immediately upon adoption,	498
provided that the usual rulemaking procedures provided under this	499
compact shall be retroactively applied to the rule as soon as	500
reasonably possible, in no event later than ninety days after the	501
effective date of the rule.	502

ARTICLE IX

503

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE	504
COMMISSION	505

(A) Oversight

506

The interstate commission shall oversee the interstate	507
movement of adult offenders in the compacting states and shall	508
monitor such activities being administered in noncompacting states	509
that may significantly affect compacting states.	510

The courts and executive agencies in each compacting state	511
shall enforce this compact and shall take all actions necessary	512
and appropriate to effectuate the compact's purposes and intent.	513
In any judicial or administrative proceeding in a compacting state	514
pertaining to the subject matter of this compact that may affect	515
the powers, responsibilities, or actions of the interstate	516
commission, the interstate commission shall be entitled to receive	517
all service of process in any such proceeding and shall have	518
standing to intervene in the proceeding for all purposes.	519

(B) Dispute Resolution

520

The compacting states shall report to the interstate	521
commission on issues or activities of concern to them and	522
cooperate with and support the interstate commission in the	523
discharge of its duties and responsibilities.	524

The interstate commission shall attempt to resolve any	525
disputes or other issues that are subject to the compact and that	526
may arise among compacting states and noncompacting states.	527

The interstate commission shall enact a bylaw or promulgate	528
a rule providing for both mediation and binding dispute resolution	529
for disputes among the compacting states.	530

(C) Enforcement

531

The interstate commission, in the reasonable exercise of its	532
discretion, shall enforce the provisions of this compact using any	533
or all means set forth in Article XII, division B, of this	534
compact.	535

ARTICLE X

536

FINANCE

537

The interstate commission shall pay or provide for the	538
payment of the reasonable expenses of its establishment,	539
organization, and ongoing activities.	540

The interstate commission shall levy on and collect an	541
annual assessment from each compacting state to cover the cost of	542
the internal operations and activities of the interstate	543
commission and its staff. The annual assessment shall be in a	544
total amount sufficient to cover the interstate commission's	545
annual budget as approved each year. The aggregate annual	546
assessment amount shall be allocated based upon a formula to be	547
determined by the interstate commission, taking into consideration	548
the population of the state and the volume of interstate movement	549
of offenders in each compacting state, and shall promulgate a rule	550
that is binding upon all compacting states and governs the	551
assessment.	552

The interstate commission shall not incur any obligations of	553
any kind prior to securing the funds adequate to meet the	554
obligation, and the interstate commission shall not pledge the	555
credit of any of the compacting states, except by and with the	556
authority of the compacting state.	557

The interstate commission shall keep accurate accounts of	558
all receipts and disbursements. The receipts and disbursements of	559
the interstate commission shall be subject to the audit and	560
accounting procedures established under its bylaws. However, all	561
receipts and disbursements of funds handled by the interstate	562
commission shall be audited yearly by a certified or licensed	563
public accountant, and the report of the audit shall be included	564
in and become part of the annual report of the interstate	565
commission.	566

ARTICLE XI

567

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

568

Any state, as defined in Article II of this compact, is	569
eligible to become a compacting state. The compact shall become	570
effective and binding upon legislative enactment of the compact	571
into law by no less than thirty-five of the states. The initial	572
effective date shall be the later of July 1, 2001, or upon	573
enactment into law by the thirty-fifth jurisdiction. After the	574
initial effective date, it shall become effective and binding, as	575
to any other compacting state, upon enactment of the compact into	576
law by that state. The governors of nonmember states or their	577
designees shall be invited to participate in interstate commission	578
activities on a nonvoting basis prior to adoption of the compact	579
by all states and territories of the United States.	580

Amendments to the compact may be proposed by the interstate	581
commission for enactment by the compacting states. No amendment	582
shall become effective and binding upon the interstate commission	583
and the compacting states unless and until it is enacted into law	584
by unanimous consent of the compacting states.	585

ARTICLE XII

586

WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

587

(A) Withdrawal

588

Once effective, the compact shall continue in force and	589
remain binding upon each and every compacting state; provided that	590
a compacting state may withdraw from the compact ("withdrawing	591
state") by enacting a statute specifically repealing the statute	592
that enacted the compact into law.	593

The effective date of withdrawal is the effective date of	594
the repeal.	595

The withdrawing state shall immediately notify the	596
chairperson of the interstate commission in writing upon the	597
introduction of legislation repealing this compact in the	598
withdrawing state.	599

The interstate commission shall notify the other compacting	600
states of the withdrawing state's intent to withdraw within sixty	601
days of its receipt of the notice from the withdrawing state.	602

The withdrawing state is responsible for all assessments,	603
obligations, and liabilities incurred through the effective date	604
of withdrawal, including any obligations, the performance of which	605
extend beyond the effective date of withdrawal.	606

Reinstatement following withdrawal of any compacting state	607
shall occur upon the withdrawing state reenacting the compact or	608
upon any later date as determined by the interstate commission.	609

(B) Default

610

(1) If the interstate commission determines that any	611
compacting state has at any time defaulted ("defaulting state") in	612
the performance of any of its obligations or responsibilities	613
under this compact, the bylaws, or any duly promulgated rules, the	614
interstate commission may impose any or all of the following	615
penalties:	616

(a) Fines, fees, and costs in any amounts that are	617
determined to be reasonable as fixed by the interstate commission;	618

(b) Remedial training and technical assistance as directed	619
by the interstate commission;	620

(c) Suspension and termination of membership in the	621
compact. Suspension shall be imposed only after all other	622
reasonable means of securing compliance under the bylaws and rules	623
have been exhausted. Immediate notice of suspension shall be given	624
by the interstate commission to the governor, the chief justice or	625
chief judicial officer of the state, the majority and minority	626
leaders of the defaulting state's legislature, and the state	627
council.	628

(2) The grounds for default include, but are not limited	629
to, failure of a compacting state to perform the obligations or	630
responsibilities imposed upon it by this compact, interstate	631
commission bylaws, or duly promulgated rules. The interstate	632
commission shall immediately notify the defaulting state in	633
writing of the penalty imposed by the interstate commission on the	634
defaulting state pending a cure of the default. The interstate	635
commission shall stipulate the conditions and the time period	636
within which the defaulting state must cure its default. If the	637
defaulting state fails to cure the default within the time period	638
specified by the interstate commission, in addition to any other	639
penalties imposed in this compact, the defaulting state may be	640
terminated from the compact upon an affirmative vote of a majority	641
of the compacting states and all rights, privileges, and benefits	642
conferred by this compact shall be terminated from the effective	643
date of suspension. Within sixty days of the effective date of	644
termination of a defaulting state, the interstate commission shall	645
notify the governor, the chief justice or chief judicial officer,	646
the majority and minority leaders of the defaulting state's	647
legislature, and the state council of the termination.	648

The defaulting state is responsible for all assessments,	649
obligations and liabilities incurred through the effective date of	650
termination including any obligations, the performance of which	651
extends beyond the effective date of termination.	652

The interstate commission shall not bear any costs relating	653
to the defaulting state unless otherwise mutually agreed upon	654
between the interstate commission and the defaulting state.	655
Reinstatement following termination of any compacting state	656
requires both a reenactment of the compact by the defaulting state	657
and the approval of the interstate commission pursuant to the	658
rules.	659

(C) Judicial enforcement

660

The interstate commission may, by majority vote of the	661
members, initiate legal action in the United States district court	662
for the District of Columbia or, at the discretion of the	663
interstate commission, in the federal district where the	664
interstate commission has its offices to enforce compliance with	665
the provisions of the compact, its duly promulgated rules, and	666
bylaws, against any compacting state in default. In the event	667
judicial enforcement is necessary, the prevailing party shall be	668
awarded all costs of the litigation including reasonable attorneys	669
fees.	670

(D) Dissolution of compact

671

The compact dissolves effective upon the date of the	672
withdrawal or default of the compacting state that reduces	673
membership in the compact to one compacting state.	674

Upon the dissolution of this compact, the compact becomes	675
null and void and shall be of no further force or effect, and the	676
business and affairs of the interstate commission shall be wound	677
up, and any surplus funds shall be distributed in accordance with	678
the bylaws.	679

ARTICLE XIII

680

SEVERABILITY AND CONSTRUCTION

681

The provisions of this compact shall be severable, and, if	682
any phrase, clause, sentence, or provision is deemed	683
unenforceable, the remaining provisions of the compact shall be	684
enforceable.	685

The provisions of this compact shall be liberally	686
constructed to effectuate its purposes.	687

ARTICLE XIV

688

BINDING EFFECT OF COMPACT AND OTHER LAWS

689

(A) Other laws

690

Nothing in this compact prevents the enforcement of any	691
other law of a compacting state that is not inconsistent with this	692
compact.	693

All compacting states' laws conflicting with this compact	694
are superseded to the extent of the conflict.	695

(B) Binding effect of the compact

696

All lawful actions of the interstate commission, including	697
all rules and bylaws promulgated by the interstate commission, are	698
binding upon the compacting states.	699

All agreements between the interstate commission and the	700
compacting states are binding in accordance with their terms.	701

Upon the request of a party to a conflict over meaning or	702
interpretation of interstate commission actions, and upon a	703
majority vote of the compacting states, the interstate commission	704
may issue advisory opinions regarding such meaning or	705
interpretation.	706

If any provision of this compact exceeds the constitutional	707
limits imposed on the legislature of any compacting state, the	708
obligations, duties, powers, or jurisdiction sought to be	709
conferred by that provision upon the interstate commission shall	710
be ineffective and the obligations, duties, powers, or	711
jurisdiction shall remain in the compacting state and shall be	712
exercised by the agency of that state to which the obligations,	713
duties, powers, or jurisdiction are delegated by law in effect at	714
the time this compact becomes effective."	715

Sec. 5149.22. There is hereby established the Ohio council	716
for interstate adult offender supervision pursuant to Article IV	717
of the interstate compact for adult offender supervision. The	718
council shall be comprised of seven members. One member shall be	719
the compact administrator for this state for the interstate	720
compact for adult offender supervision, or the administrator's	721
designee. The speaker of the house of representatives shall	722
appoint one member, who shall be a member of the house of	723
representatives. The president of the senate shall appoint one	724
member, who shall be a member of the senate. The chief justice of	725
the supreme court shall appoint one member, who shall be a member	726
of the judiciary. The governor shall appoint three members, one	727
of whom shall be a representative of a crime victim's	728
organization, and one of whom shall be from the executive branch.	729
The Ohio council for interstate adult offender supervision is not	730
subject to section 101.84 of the Revised Code.	731

Each appointee to the state council shall be appointed in	732
consultation with the department of rehabilitation and correction	733
and shall serve at the pleasure of the appointing authority.	734

The compact administrator for this state for the interstate	735
compact for adult offender supervision, or the administrator's	736
designee shall serve as commissioner of the state council and as	737
this state's representative to the interstate commission	738
established under Article III of that compact.	739

Sec. 5149.24. (A) When a sending state places a hold warrant	740
or a detainer warrant on an offender supervised under the	741
interstate compact for adult offender supervision who is in	742
custody in this state and that warrant does not provide that the	743
offender may be released on bond pending return to the sending	744
state, no court of record in this state has authority to release	745
the offender on bond until the sending state withdraws the	746
warrant.	747

(B) A receiving state has no authority to grant a final	748
release from supervision to any offender supervised under the	749
interstate compact for adult offender supervision unless and until	750
the final release has been approved by the supervising authority	751
of the sending state. The sending state shall not unreasonably	752
withhold such a final release and shall promptly communicate the	753
release to the supervising authorities of the receiving state.	754

Section 2. That existing section 5149.18 and section 5149.17	755
of the Revised Code are hereby repealed.	756

Section 3. Sections 1 and 2 of this act shall take effect	757
upon the later of one hundred eighty days after the effective date	758
of this act or the effective date of the Interstate Compact for	759
the Supervision of Adult Offenders as described in Article XI of	760
the compact.	761

Section 4. By amending section 5149.18 and repealing section	762
5149.17 of the Revised Code in this act, Ohio hereby withdraws	763
from the Interstate Compact for the Supervision of Parolees and	764
Probationers. As described in division (G) of section 5149.17 of	765
the Revised Code, Ohio's duties under that compact shall continue	766
as to parolees or probationers residing in Ohio at the time of	767
withdrawal until they are retaken or finally discharged by the	768
sending state. Pursuant to division (G) of section 5149.17 of the	769
Revised Code, the governor shall immediately send notice in	770
writing of Ohio's intention to withdraw from the Interstate	771
Compact for the Supervision of Parolees and Probationers to the	772
other states that are parties to the compact.	773