SENATORS Oelslager, White, Spada

To amend sections 5120.10 and 5149.18, to enact

1

sections 5149.21, 5149.22, and 5149.24, and to

2

repeal section 5149.17 of the Revised Code to

3

withdraw from the Interstate Compact for the

4

Supervision of Parolees and Probationers, to join

5

the Interstate Compact for Adult Offender

6

Supervision, to enact related regulations, and to

7

provide for the approval of plans for jails,

8

workhouses, and lockups by the Division of Parole

9

and Community Services.

10

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

Section 1. That sections 5120.10 and 5149.18 be amended and	11
sections 5149.21, 5149.22, and 5149.24 of the Revised Code be	12
enacted to read as follows:	13

Sec. 5120.10.  (A)(1) The director of rehabilitation and	14
correction, by rule, shall promulgate minimum standards for jails	15
in Ohio, including minimum security jails dedicated under section	16
341.34 or 753.21 of the Revised Code. Whenever the director files	17
a rule or an amendment to a rule in final form with both the	18
secretary of state and the director of the legislative service	19
commission pursuant to section 111.15 of the Revised Code, the	20
director of rehabilitation and correction promptly shall send a	21
copy of the rule or amendment, if the rule or amendment pertains	22
to minimum jail standards, by ordinary mail to the political	23
subdivisions or affiliations of political subdivisions that	24
operate jails to which the standards apply.	25

(2) The rules promulgated in accordance with division (A)(1)	26
of this section shall serve as criteria for the investigative and	27
supervisory powers and duties vested by division (D) of this	28
section in the division of parole and community services of the	29
department of rehabilitation and correction or in another division	30
of the department to which those powers and duties are assigned.	31

(B) The director may initiate an action in the court of	32
common pleas of the county in which a facility that is subject to	33
the rules promulgated under division (A)(1) of this section is	34
situated to enjoin compliance with the minimum standards for jails	35
or with the minimum standards and minimum renovation,	36
modification, and construction criteria for minimum security	37
jails.	38

(C) Upon the request of an administrator of a jail facility,	39
the chief executive of a municipal corporation, or a board of	40
county commissioners, the director of rehabilitation and	41
correction or the director's designee shall grant a variance from	42
the minimum standards for jails in Ohio for a facility that is	43
subject to one of those minimum standards when the director	44
determines that strict compliance with the minimum standards would	45
cause unusual, practical difficulties or financial hardship, that	46
existing or alternative practices meet the intent of the minimum	47
standards, and that granting a variance would not seriously affect	48
the security of the facility, the supervision of the inmates, or	49
the safe, healthful operation of the facility. If the director or	50
the director's designee denies a variance, the applicant may	51
appeal the denial pursuant to section 119.12 of the Revised Code.	52

(D) The following powers and duties shall be exercised by	53
the division of parole and community services unless assigned to	54
another division by the director:	55

(1) The investigation and supervision of county and	56
municipal jails, workhouses, minimum security jails, and other	57
correctional institutions and agencies;	58

(2) The review and approval of plans submitted to the	59
department of rehabilitation and correction pursuant to division	60
(E) of this section;	61

(3) The management and supervision of the adult parole	62
authority created by section 5149.02 of the Revised Code;	63

(3)(4) The review and approval of proposals for	64
community-based correctional facilities and programs and district	65
community-based correctional facilities and programs that are	66
submitted pursuant to division (B) of section 2301.51 of the	67
Revised Code;	68

(4)(5) The distribution of funds made available to the	69
division for purposes of assisting in the renovation, maintenance,	70
and operation of community-based correctional facilities and	71
programs and district community-based correctional facilities and	72
programs in accordance with section 5120.112 of the Revised Code;	73

(5)(6) The performance of the duty imposed upon the	74
department of rehabilitation and correction in section 5149.31 of	75
the Revised Code to establish and administer a program of	76
subsidies to eligible municipal corporations, counties, and groups	77
of contiguous counties for the development, implementation, and	78
operation of community-based corrections programs;	79

(6)(7) Licensing halfway houses and community residential	80
centers for the care and treatment of adult offenders in	81
accordance with section 2967.14 of the Revised Code;	82

(7)(8) Contracting with a public or private agency or a	83
department or political subdivision of the state that operates a	84
licensed halfway house or community residential center for the	85
provision of housing, supervision, and other services to parolees	86
and probationers in accordance with section 2967.14 of the Revised	87
Code.	88

Other powers and duties may be assigned by the director of	89
rehabilitation and correction to the division of parole and	90
community services. This section does not apply to the department	91
of youth services or its institutions or employees.	92

(E) No plan for any new jail, workhouse, or lockup, and no	93
plan for a substantial addition or alteration to an existing jail,	94
workhouse, or lockup, shall be adopted unless the officials	95
responsible for adopting the plan have submitted the plan to the	96
department of rehabilitation and correction for approval, and the	97
department has approved the plan as provided in division (D)(2) of	98
this section.	99

Sec. 5149.18.  For the purposes of Chapter 5149. of the	100
Revised Code, all of the following apply:	101

(A) "State, states, or States" means one or several of the	102
fifty states of the United States, Puerto Rico, the Virgin	103
Islands, and the District of Columbia.	104

(B) The term "parole" includes post-release control under	105
section 2967.28 of the Revised Code.	106

(C) The term "probation" includes non-prison sanctions	107
imposed under sections 2929.16, 2929.17, and 2929.18 of the	108
Revised Code.	109

Pursuant to the consent and authorization contained in	110
Section 111 (b) of title 4 of the United States Code as cited in	111
section 5149.17 of the Revised Code, this state shall be a party	112
to "Interstate Compact for the Supervision of Parolees and	113
Probationers" with any additional jurisdiction legally joining	114
therein when such jurisdiction has entered in said compact in	115
accordance with its terms.	116

Sec. 5149.21. The "interstate compact for adult offender	117
supervision" is hereby enacted into law and entered into with all	118
other jurisdictions legally joining in that compact in the form	119
substantially as follows:	120

"INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

121

ARTICLE I

122

PURPOSE

123

The compacting states to this interstate compact recognize	124
that each state is responsible for the supervision of adult	125
offenders in the community who are authorized pursuant to the	126
bylaws and rules of this compact to travel across state lines both	127
to and from each compacting state in such a manner as to track the	128
location of offenders, transfer supervision authority in an	129
orderly and efficient manner, and when necessary return offenders	130
to the originating jurisdictions. The compacting states also	131
recognize that Congress, by enacting the "Crime Control Act," 4	132
U.S.C. Section 112 (1965), has authorized and encouraged compacts	133
for cooperative efforts and mutual assistance in the prevention of	134
crime.	135

It is the purpose of this compact and the interstate	136
commission created under this compact, through means of joint and	137
cooperative action among the compacting states: to provide the	138
framework for the promotion of public safety and protect the	139
rights of victims through the control and regulation of the	140
interstate movement of offenders in the community; to provide for	141
the effective tracking, supervision, and rehabilitation of these	142
offenders by the sending and receiving states; and to equitably	143
distribute the costs, benefits, and obligations of the compact	144
among the compacting states.	145

In addition, this compact will: create an interstate	146
commission that will establish uniform procedures to manage the	147
movement between states of adults placed under community	148
supervision and released to the community under the jurisdiction	149
of courts, paroling authorities, corrections, or other criminal	150
justice agencies that will promulgate rules to achieve the purpose	151
of this compact; ensure an opportunity for input and timely notice	152
to victims and to jurisdictions where defined offenders are	153
authorized to travel or to relocate across state lines; establish	154
a system of uniform data collection, access to information on	155
active cases by authorized criminal justice officials, and regular	156
reporting of compact activities to heads of state councils, state	157
executive, judicial, and legislative branches and criminal justice	158
administrators; monitor compliance with rules governing interstate	159
movement of offenders and initiate interventions to address and	160
correct noncompliance; and coordinate training and education	161
regarding regulations of interstate movement of offenders for	162
officials involved in such activity.	163

The compacting states recognize that there is no "right" of	164
any offender to live in another state and that duly accredited	165
officers of a sending state may at all times enter a receiving	166
state and in that state apprehend and retake any offender under	167
supervision subject to the provisions of this compact and bylaws	168
and rules promulgated under this compact. It is the policy of the	169
compacting states that the activities conducted by the interstate	170
commission created in this compact are the formation of public	171
policies and are therefore public business.	172

ARTICLE II

173

DEFINITIONS

174

As used in this compact, unless the context clearly requires	175
a different construction:	176

(A) "Adult" means both individuals legally classified as	177
adults and juveniles treated as adults by court order, statute, or	178
operation of law.	179

(B) "Bylaws" means those bylaws established by the	180
interstate commission for its governance, or for directing or	181
controlling the interstate commission's actions or conduct.	182

(C) "Compact administrator" means the individual in each	183
compacting state who is appointed pursuant to the terms of this	184
compact and who is responsible for the administration and	185
management of the state's supervision and transfer of offenders	186
subject to the terms of this compact, the rules adopted by the	187
interstate commission, and policies adopted by the state council	188
under this compact.	189

(D) "Compacting state" means any state that has enacted the	190
enabling legislation for this compact.	191

(E) "Commissioner" means the voting representative of each	192
compacting state appointed pursuant to Article III of this	193
compact.	194

(F) "Interstate commission" means the interstate commission	195
for adult offender supervision established by this compact.	196

(G) "Member" means the commissioner of a compacting state or	197
designee, who is a person officially connected with the	198
commissioner.	199

(H) "Noncompacting state" means any state that has not	200
enacted the enabling legislation for this compact.	201

(I) "Offender" means an adult placed under, or subject, to	202
supervision as the result of the commission of a criminal offense	203
and released to the community under the jurisdiction of courts,	204
paroling authorities, corrections, or other criminal justice	205
agencies.	206

(J) "Person" means any individual, corporation, business	207
enterprise, or other legal entity, either public or private.	208

(K) "Rules" means acts of the interstate commission, duly	209
promulgated pursuant to Article VIII of this compact,	210
substantially affecting interested parties in addition to the	211
interstate commission.	212

The rules shall have the force and effect of law in the	213
compacting states.	214

(L) "State" means a state of the United States, the District	215
of Columbia, and any other territorial possessions of the United	216
States.	217

(M) "State council" means the resident members of the state	218
council for interstate adult offender supervision created by each	219
state under Article III of this compact.	220

ARTICLE III

221

THE COMPACT COMMISSION

222

The compacting states hereby create the "interstate	223
commission for adult offender supervision." The interstate	224
commission shall be a body corporate and joint agency of the	225
compacting states. The interstate commission shall have all the	226
responsibilities, powers, and duties set forth in this compact,	227
including the power to sue and be sued, and any additional powers	228
that may be conferred upon it by subsequent action of the	229
respective legislatures of the compacting states in accordance	230
with the terms of this compact.	231

The interstate commission shall consist of commissioners	232
selected and appointed by resident members of a state council for	233
interstate adult offender supervision for each state.	234

In addition to the commissioners who are the voting	235
representatives of each state, the interstate commission shall	236
include individuals who are not commissioners but who are members	237
of interested organizations. The non-commissioner members must	238
include a member of the national organizations of governors,	239
legislators, state chief justices, attorneys general, and crime	240
victims. All non-commissioner members of the interstate	241
commission shall be ex-officio (nonvoting) members. The	242
interstate commission may provide in its bylaws for any	243
additional, ex-officio, nonvoting members that it deems necessary.	244

Each compacting state represented at any meeting of the	245
interstate commission is entitled to one vote. A majority of the	246
compacting states shall constitute a quorum for the transaction of	247
business, unless a larger quorum is required by the bylaws of the	248
interstate commission. The interstate commission shall meet at	249
least once each calendar year. The chairperson may call	250
additional meetings and, upon the request of twenty-seven or more	251
compacting states, shall call additional meetings. Public notice	252
shall be given of all meetings, and meetings shall be open to the	253
public.	254

The interstate commission shall establish an executive	255
committee, which shall include commission officers, members, and	256
others as shall be determined by the bylaws. The executive	257
committee shall have the power to act on behalf of the interstate	258
commission during periods when the interstate commission is not in	259
session, with the exception of rulemaking or amendment to the	260
compact. The executive committee oversees the day-to-day	261
activities managed by the executive director and interstate	262
commission staff; administers enforcement and compliance with the	263
provisions of the compact, its bylaws, and as directed by the	264
interstate commission; and performs other duties as directed by	265
commission or set forth in the bylaws.	266

ARTICLE IV

267

THE STATE COUNCIL

268

Each member state shall create a state council for	269
interstate adult offender supervision. The compact administrator	270
or the administrator's designee shall be the commissioner of the	271
state council to serve on the interstate commission. While each	272
member state may determine the membership of its own state	273
council, its membership must include at least one representative	274
from the legislative, judicial, and executive branches of	275
government, victims groups, and compact administrators. Each	276
compacting state retains the right to determine the qualifications	277
of the compact administrator who shall be appointed by the	278
governor. In addition to appointment of its commissioner to the	279
national interstate commission, each state council shall exercise	280
oversight and advocacy concerning its participation in interstate	281
commission activities and other duties as may be determined by	282
each member state, including, but not limited to, development of	283
policy concerning operations and procedures of the compact within	284
that state.	285

ARTICLE V

286

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

287

The interstate commission shall have the following powers:

288

(A) To adopt a seal and suitable bylaws governing the	289
management and operation of the interstate commission;	290

(B) To promulgate rules that have the force and effect of	291
statutory law and are binding in the compacting states to the	292
extent and in the manner provided in this compact;	293

(C) To oversee, supervise, and coordinate the interstate	294
movement of offenders subject to the terms of this compact and any	295
bylaws adopted and rules promulgated by the compact commission;	296

(D) To enforce compliance with compact provisions,	297
interstate commission rules, and bylaws, using all necessary and	298
proper means, including, but not limited to, the use of judicial	299
process;	300

(E) To establish and maintain offices;

301

(F) To purchase and maintain insurance and bonds;

302

(G) To borrow, accept, or contract for services of	303
personnel, including, but not limited to, members and their	304
staffs;	305

(H) To establish and appoint committees and hire staff that	306
it considers necessary for the carrying out of its functions,	307
including, but not limited to, an executive committee as required	308
by Article III of this compact. The committees shall have the	309
power to act on behalf of the interstate commission in carrying	310
out its powers and duties under this compact.	311

(I) To elect or appoint any officers, attorneys, employees,	312
agents, or consultants, and to fix their compensation, define	313
their duties, and determine their qualifications; and to establish	314
the interstate commission's personnel policies and programs	315
relating to, among other things, conflicts of interest, rates of	316
compensation, and qualifications of personnel;	317

(J) To accept any and all donations and grants of money,	318
equipment, supplies, materials, and services, and to receive,	319
utilize, and dispose of those donations and grants;	320

(K) To lease, purchase, accept contributions or donations	321
of, or otherwise to own, hold, improve, or use any property, real,	322
personal, or mixed;	323

(L) To sell, convey, mortgage, pledge, lease, exchange,	324
abandon, or otherwise dispose of any property, real, personal, or	325
mixed;	326

(M) To establish a budget and make expenditures and levy	327
dues as provided in Article X of this compact;	328

(N) To sue and be sued;

329

(O) To provide for dispute resolution among compacting	330
states;	331

(P) To perform any functions that may be necessary or	332
appropriate to achieve the purposes of this compact;	333

(Q) To report annually to the legislatures, governors,	334
judiciary, and state councils of the compacting states concerning	335
the activities of the interstate commission during the preceding	336
year. The reports shall also include any recommendations that may	337
have been adopted by the interstate commission.	338

(R) To coordinate education, training, and public awareness	339
regarding the interstate movement of offenders for officials	340
involved in such activity;	341

(S) To establish uniform standards for the reporting,	342
collecting, and exchanging of data.	343

ARTICLE VI

344

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

345

(A) Bylaws

346

The interstate commission shall, by a majority of the	347
members, within twelve months of the first interstate commission	348
meeting, adopt bylaws to govern its conduct as may be necessary or	349
appropriate to carry out the purposes of the compact, including,	350
but, not limited to all of the following:	351

(1) Establishing the fiscal year of the interstate	352
commission;	353

(2) Establishing an executive committee and any other	354
committees that may be necessary;	355

(3) Providing reasonable standards and procedures:

356

(a) For the establishment of committees;

357

(b) Governing any general or specific delegation of any	358
authority or function of the interstate commission.	359

(4) Providing reasonable procedures for calling and	360
conducting meetings of the interstate commission, and ensuring	361
reasonable notice of each meeting;	362

(5) Establishing the titles and responsibilities of the	363
officers of the interstate commission;	364

(6) Providing reasonable standards and procedures for the	365
establishment of the personnel policies and programs of the	366
interstate commission. Notwithstanding any civil service or other	367
similar laws of any compacting state, the bylaws shall exclusively	368
govern the personnel policies and programs of the interstate	369
commission.	370

(7) Providing a mechanism for winding up the operations of	371
the interstate commission and the equitable return of any surplus	372
funds that may exist upon the termination of the compact after the	373
payment or reserving of all of its debts and obligations;	374

(8) Providing transition rules for "start up"	375
administration of the compact;	376

(9) Establishing standards and procedures for compliance and	377
technical assistance in carrying out the compact.	378

(B) Officers and staff

379

The interstate commission shall, by a majority of the	380
members, elect from among its members a chairperson and a vice	381
chairperson, each of whom shall have the authorities and duties as	382
may be specified in the bylaws. The chairperson or, in his or her	383
absence or disability, the vice chairperson, shall preside at all	384
meetings of the interstate commission. The officers so elected	385
shall serve without compensation or remuneration from the	386
interstate commission; provided that, subject to the availability	387
of budgeted funds, the officers shall be reimbursed for any actual	388
and necessary costs and expenses incurred by them in the	389
performance of their duties and responsibilities as officers of	390
the interstate commission.	391

The interstate commission shall, through its executive	392
committee, appoint or retain an executive director for the period,	393
upon the terms and conditions, and for the compensation that the	394
interstate commission considers appropriate. The executive	395
director shall serve as secretary to the interstate commission,	396
and hire and supervise the other staff that may be authorized by	397
the interstate commission, but shall not be a member.	398

(C) Corporate records of the interstate commission

399

The interstate commission shall maintain its corporate books	400
and records in accordance with the bylaws.	401

(D) Qualified immunity, defense and indemnification

402

The members, officers, executive director, and employees of	403
the interstate commission shall be immune from suit and liability,	404
either personally or in their official capacity, for any claim for	405
damage to or loss of property or personal injury or other civil	406
liability caused or arising out of any actual or alleged act,	407
error or omission that occurred within the scope of interstate	408
commission employment, duties, or responsibilities; provided that	409
nothing in this paragraph shall be construed to protect any such	410
person from suit or liability for any damage, loss, injury, or	411
liability caused by the intentional or willful and wanton	412
misconduct of any such person.	413

Upon the request of the attorney general, the interstate	414
commission shall assist in the defense of the commissioner of a	415
compacting state, or the commissioner's representatives or	416
employees, or the interstate commission's representatives or	417
employees, in any civil action seeking to impose liability,	418
arising out of any actual or alleged act, error, or omission that	419
occurred within the scope of interstate commission employment,	420
duties, or responsibilities, or that the defendant had a	421
reasonable basis for believing occurred within the scope of	422
interstate commission employment, duties, or responsibilities;	423
provided, that the actual or alleged act, error, or omission did	424
not result from intentional wrongdoing on the part of the person.	425

The interstate commission shall indemnify and hold the	426
commissioner of a compacting state, the appointed designee, or	427
employees, or the interstate commission's representatives or	428
employees, harmless in the amount of any settlement or judgment	429
obtained against such persons arising out of any actual or alleged	430
act, error, or omission that occurred within the scope of	431
interstate commission employment, duties, or responsibilities, or	432
that such persons had a reasonable basis for believing occurred	433
within the scope of interstate commission employment, duties, or	434
responsibilities, provided that the actual or alleged act, error,	435
or omission did not result from gross negligence or intentional	436
wrongdoing on the part of the person.	437

ARTICLE VII

438

ACTIVITIES OF THE INTERSTATE COMMISSION

439

(A) The interstate commission shall meet and take any	440
actions that are consistent with the provisions of this compact.	441

Except as otherwise provided in this compact and unless a	442
greater percentage is required by the bylaws, in order to	443
constitute an act of the interstate commission, the act shall have	444
been taken at a meeting of the interstate commission and shall	445
have received an affirmative vote of a majority of the members	446
present.	447

Each member of the interstate commission shall have the	448
right and power to cast a vote to which that compacting state is	449
entitled and to participate in the business and affairs of the	450
interstate commission. A member shall vote in person on behalf of	451
the state and shall not delegate a vote to another member state.	452
However, a state council shall appoint another authorized	453
representative, in the absence of the commissioner from that	454
state, to cast a vote on behalf of the member state at a specified	455
meeting. The bylaws may provide for members' participation in	456
meetings by telephone or other means of telecommunication or	457
electronic communication. Any voting conducted by telephone or	458
other means of telecommunication or electronic communication shall	459
be subject to the same quorum requirements of meetings where	460
members are present in person.	461

The interstate commission shall meet at least once during	462
each calendar year. The chairperson of the interstate commission	463
may call additional meetings at any time and, upon the request of	464
a majority of the members, shall call additional meetings.	465

The interstate commission's bylaws shall establish	466
conditions and procedures under which the interstate commission	467
shall make its information and official records available to the	468
public for inspection or copying. The interstate commission may	469
exempt from disclosure any information or official records to the	470
extent they would adversely affect personal privacy rights or	471
proprietary interests. In promulgating those rules, the	472
interstate commission may make available to law enforcement	473
agencies records and information otherwise exempt from disclosure	474
and may enter into agreements with law enforcement agencies to	475
receive or exchange information or records subject to	476
nondisclosure and confidentiality provisions.	477

Public notice shall be given of all meetings, and all	478
meetings shall be open to the public, except as set forth in the	479
rules or as otherwise provided in the compact. The interstate	480
commission shall promulgate rules consistent with the principles	481
contained in the "Government in Sunshine Act," 5 U.S.C. Section	482
552(b), as amended. The interstate commission and any of its	483
committees may close a meeting to the public if it determines by	484
two-thirds vote that an open meeting would be likely to do any of	485
the following:	486

(1) Relate solely to the interstate commission's internal	487
personnel practices and procedures;	488

(2) Disclose matters specifically exempted from disclosure	489
by statute;	490

(3) Disclose trade secrets or commercial or financial	491
information that is privileged or confidential;	492

(4) Involve accusing any person of a crime or formally	493
censuring any person;	494

(5) Disclose information of a personal nature if disclosure	495
would constitute a clearly unwarranted invasion of personal	496
privacy;	497

(6) Disclose investigatory records compiled for law	498
enforcement purposes;	499

(7) Disclose information contained in or related to	500
examination, operating, or condition reports prepared by, on	501
behalf of, or for the use of the interstate commission with	502
respect to a regulated entity for the purpose of regulation or	503
supervision of the regulated entity;	504

(8) Disclose information, the premature disclosure of which	505
would significantly endanger the life of a person or the stability	506
of a regulated entity;	507

(9) Specifically relate to the interstate commission's	508
issuance of a subpoena or its participation in a civil action or	509
proceeding.	510

(B) For every meeting closed pursuant to this provision, the	511
interstate commission's chief legal officer shall publicly certify	512
that, in the legal officer's opinion, the meeting may be closed to	513
the public, and shall reference each relevant exemptive provision.	514
The interstate commission shall keep minutes, and the minutes	515
shall fully and clearly describe all matters discussed in any	516
meeting and shall provide a full and accurate summary of any	517
actions taken, and the reasons for the actions, including a	518
description of each of the views expressed on any item and the	519
record of any roll call vote (reflected in the vote of each member	520
on the question). All documents considered in connection with any	521
action shall be identified in the minutes.	522

The interstate commission shall collect standardized data	523
concerning the interstate movement of offenders as directed	524
through its bylaws and rules. The bylaws and rules shall specify	525
the data to be collected, the means of collection and data	526
exchange, and reporting requirements.	527

ARTICLE VIII

528

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

529

(A) The interstate commission shall promulgate rules in	530
order to effectively and efficiently achieve the purposes of the	531
compact including transition rules governing administration of the	532
compact during the period in which it is being considered and	533
enacted by the states.	534

Rulemaking shall occur pursuant to the criteria set forth in	535
this article and the bylaws and rules adopted pursuant to this	536
article. The rulemaking shall substantially conform to the	537
principles of the "Federal Administrative Procedure Act," 5	538
U.S.C.S. section 551 et seq., and the "Federal Advisory Committee	539
Act," 5 U.S.C.S. app. 2, section 1 et seq., as amended	540
(hereinafter "APA"). All rules and amendments shall become	541
binding as of the date specified in each rule or amendment.	542

If a majority of the legislatures of the compacting states	543
rejects a rule, by enactment of a statute or resolution in the	544
same manner used to adopt the compact, then the rule shall have no	545
further force and effect in any compacting state.	546

When promulgating a rule, the interstate commission shall do	547
all of the following:	548

(1) Publish the proposed rule stating with particularity	549
the text of the rule that is proposed and the reason for the	550
proposed rule;	551

(2) Allow persons to submit written data, facts, opinions	552
and arguments, which information shall be publicly available;	553

(3) Provide an opportunity for an informal hearing;

554

(4) Promulgate a final rule and its effective date, if	555
appropriate, based on the rulemaking record.	556

(B) Not later than sixty days after a rule is promulgated,	557
any interested person may file a petition in the United States	558
district court for the District of Columbia or in the federal	559
district court where the interstate commission's principal office	560
is located for judicial review of the rule. If the court finds	561
that the interstate commission's action is not supported by	562
substantial evidence, as defined in the APA, in the rulemaking	563
record, the court shall hold the rule unlawful and set it aside.	564

Subjects to be addressed within twelve months after the	565
first meeting shall at a minimum include all of the following:	566

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

567

(2) Offender registration and compliance;

568

(3) Violations and returns;

569

(4) Transfer procedures and forms;

570

(5) Eligibility for transfer;

571

(6) Collection of restitution and fees from offenders;

572

(7) Data collection and reporting;

573

(8) The level of supervision to be provided by the	574
receiving state;	575

(9) Transition rules governing the operation of the compact	576
and the interstate commission during all or part of the period	577
between the effective date of the compact and the date on which	578
the last eligible state adopts the compact;	579

(10) Mediation, arbitration, and dispute resolution.

580

(C) The existing rules governing the operation of the	581
previous compact superseded by this act shall be null and void	582
twelve months after the first meeting of the interstate commission	583
created under this compact.	584

Upon determination by the interstate commission that an	585
emergency exists, it may promulgate an emergency rule, and the	586
emergency rule shall become effective immediately upon adoption,	587
provided that the usual rulemaking procedures provided under this	588
compact shall be retroactively applied to the rule as soon as	589
reasonably possible, in no event later than ninety days after the	590
effective date of the rule.	591

ARTICLE IX

592

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE	593
COMMISSION	594

(A) Oversight

595

The interstate commission shall oversee the interstate	596
movement of adult offenders in the compacting states and shall	597
monitor such activities being administered in noncompacting states	598
that may significantly affect compacting states.	599

The courts and executive agencies in each compacting state	600
shall enforce this compact and shall take all actions necessary	601
and appropriate to effectuate the compact's purposes and intent.	602
In any judicial or administrative proceeding in a compacting state	603
pertaining to the subject matter of this compact that may affect	604
the powers, responsibilities, or actions of the interstate	605
commission, the interstate commission shall be entitled to receive	606
all service of process in any such proceeding and shall have	607
standing to intervene in the proceeding for all purposes.	608

(B) Dispute Resolution

609

The compacting states shall report to the interstate	610
commission on issues or activities of concern to them and	611
cooperate with and support the interstate commission in the	612
discharge of its duties and responsibilities.	613

The interstate commission shall attempt to resolve any	614
disputes or other issues that are subject to the compact and that	615
may arise among compacting states and noncompacting states.	616

The interstate commission shall enact a bylaw or promulgate	617
a rule providing for both mediation and binding dispute resolution	618
for disputes among the compacting states.	619

(C) Enforcement

620

The interstate commission, in the reasonable exercise of its	621
discretion, shall enforce the provisions of this compact using any	622
or all means set forth in Article XII, division B, of this	623
compact.	624

ARTICLE X

625

FINANCE

626

The interstate commission shall pay or provide for the	627
payment of the reasonable expenses of its establishment,	628
organization, and ongoing activities.	629

The interstate commission shall levy on and collect an	630
annual assessment from each compacting state to cover the cost of	631
the internal operations and activities of the interstate	632
commission and its staff. The annual assessment shall be in a	633
total amount sufficient to cover the interstate commission's	634
annual budget as approved each year. The aggregate annual	635
assessment amount shall be allocated based upon a formula to be	636
determined by the interstate commission, taking into consideration	637
the population of the state and the volume of interstate movement	638
of offenders in each compacting state, and shall promulgate a rule	639
that is binding upon all compacting states and governs the	640
assessment.	641

The interstate commission shall not incur any obligations of	642
any kind prior to securing the funds adequate to meet the	643
obligation, and the interstate commission shall not pledge the	644
credit of any of the compacting states, except by and with the	645
authority of the compacting state.	646

The interstate commission shall keep accurate accounts of	647
all receipts and disbursements. The receipts and disbursements of	648
the interstate commission shall be subject to the audit and	649
accounting procedures established under its bylaws. However, all	650
receipts and disbursements of funds handled by the interstate	651
commission shall be audited yearly by a certified or licensed	652
public accountant, and the report of the audit shall be included	653
in and become part of the annual report of the interstate	654
commission.	655

ARTICLE XI

656

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

657

Any state, as defined in Article II of this compact, is	658
eligible to become a compacting state. The compact shall become	659
effective and binding upon legislative enactment of the compact	660
into law by no less than thirty-five of the states. The initial	661
effective date shall be the later of July 1, 2001, or upon	662
enactment into law by the thirty-fifth jurisdiction. After the	663
initial effective date, it shall become effective and binding, as	664
to any other compacting state, upon enactment of the compact into	665
law by that state. The governors of nonmember states or their	666
designees shall be invited to participate in interstate commission	667
activities on a nonvoting basis prior to adoption of the compact	668
by all states and territories of the United States.	669

Amendments to the compact may be proposed by the interstate	670
commission for enactment by the compacting states. No amendment	671
shall become effective and binding upon the interstate commission	672
and the compacting states unless and until it is enacted into law	673
by unanimous consent of the compacting states.	674

ARTICLE XII

675

WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

676

(A) Withdrawal

677

Once effective, the compact shall continue in force and	678
remain binding upon each and every compacting state; provided that	679
a compacting state may withdraw from the compact ("withdrawing	680
state") by enacting a statute specifically repealing the statute	681
that enacted the compact into law.	682

The effective date of withdrawal is the effective date of	683
the repeal.	684

The withdrawing state shall immediately notify the	685
chairperson of the interstate commission in writing upon the	686
introduction of legislation repealing this compact in the	687
withdrawing state.	688

The interstate commission shall notify the other compacting	689
states of the withdrawing state's intent to withdraw within sixty	690
days of its receipt of the notice from the withdrawing state.	691

The withdrawing state is responsible for all assessments,	692
obligations, and liabilities incurred through the effective date	693
of withdrawal, including any obligations, the performance of which	694
extend beyond the effective date of withdrawal.	695

Reinstatement following withdrawal of any compacting state	696
shall occur upon the withdrawing state reenacting the compact or	697
upon any later date as determined by the interstate commission.	698

(B) Default

699

(1) If the interstate commission determines that any	700
compacting state has at any time defaulted ("defaulting state") in	701
the performance of any of its obligations or responsibilities	702
under this compact, the bylaws, or any duly promulgated rules, the	703
interstate commission may impose any or all of the following	704
penalties:	705

(a) Fines, fees, and costs in any amounts that are	706
determined to be reasonable as fixed by the interstate commission;	707

(b) Remedial training and technical assistance as directed	708
by the interstate commission;	709

(c) Suspension and termination of membership in the	710
compact. Suspension shall be imposed only after all other	711
reasonable means of securing compliance under the bylaws and rules	712
have been exhausted. Immediate notice of suspension shall be given	713
by the interstate commission to the governor, the chief justice or	714
chief judicial officer of the state, the majority and minority	715
leaders of the defaulting state's legislature, and the state	716
council.	717

(2) The grounds for default include, but are not limited	718
to, failure of a compacting state to perform the obligations or	719
responsibilities imposed upon it by this compact, interstate	720
commission bylaws, or duly promulgated rules. The interstate	721
commission shall immediately notify the defaulting state in	722
writing of the penalty imposed by the interstate commission on the	723
defaulting state pending a cure of the default. The interstate	724
commission shall stipulate the conditions and the time period	725
within which the defaulting state must cure its default. If the	726
defaulting state fails to cure the default within the time period	727
specified by the interstate commission, in addition to any other	728
penalties imposed in this compact, the defaulting state may be	729
terminated from the compact upon an affirmative vote of a majority	730
of the compacting states and all rights, privileges, and benefits	731
conferred by this compact shall be terminated from the effective	732
date of suspension. Within sixty days of the effective date of	733
termination of a defaulting state, the interstate commission shall	734
notify the governor, the chief justice or chief judicial officer,	735
the majority and minority leaders of the defaulting state's	736
legislature, and the state council of the termination.	737

The defaulting state is responsible for all assessments,	738
obligations and liabilities incurred through the effective date of	739
termination including any obligations, the performance of which	740
extends beyond the effective date of termination.	741

The interstate commission shall not bear any costs relating	742
to the defaulting state unless otherwise mutually agreed upon	743
between the interstate commission and the defaulting state.	744
Reinstatement following termination of any compacting state	745
requires both a reenactment of the compact by the defaulting state	746
and the approval of the interstate commission pursuant to the	747
rules.	748

(C) Judicial enforcement

749

The interstate commission may, by majority vote of the	750
members, initiate legal action in the United States district court	751
for the District of Columbia or, at the discretion of the	752
interstate commission, in the federal district where the	753
interstate commission has its offices to enforce compliance with	754
the provisions of the compact, its duly promulgated rules, and	755
bylaws, against any compacting state in default. In the event	756
judicial enforcement is necessary, the prevailing party shall be	757
awarded all costs of the litigation including reasonable attorneys	758
fees.	759

(D) Dissolution of compact

760

The compact dissolves effective upon the date of the	761
withdrawal or default of the compacting state that reduces	762
membership in the compact to one compacting state.	763

Upon the dissolution of this compact, the compact becomes	764
null and void and shall be of no further force or effect, and the	765
business and affairs of the interstate commission shall be wound	766
up, and any surplus funds shall be distributed in accordance with	767
the bylaws.	768

ARTICLE XIII

769

SEVERABILITY AND CONSTRUCTION

770

The provisions of this compact shall be severable, and, if	771
any phrase, clause, sentence, or provision is deemed	772
unenforceable, the remaining provisions of the compact shall be	773
enforceable.	774

The provisions of this compact shall be liberally	775
constructed to effectuate its purposes.	776

ARTICLE XIV

777

BINDING EFFECT OF COMPACT AND OTHER LAWS

778

(A) Other laws

779

Nothing in this compact prevents the enforcement of any	780
other law of a compacting state that is not inconsistent with this	781
compact.	782

All compacting states' laws conflicting with this compact	783
are superseded to the extent of the conflict.	784

(B) Binding effect of the compact

785

All lawful actions of the interstate commission, including	786
all rules and bylaws promulgated by the interstate commission, are	787
binding upon the compacting states.	788

All agreements between the interstate commission and the	789
compacting states are binding in accordance with their terms.	790

Upon the request of a party to a conflict over meaning or	791
interpretation of interstate commission actions, and upon a	792
majority vote of the compacting states, the interstate commission	793
may issue advisory opinions regarding such meaning or	794
interpretation.	795

If any provision of this compact exceeds the constitutional	796
limits imposed on the legislature of any compacting state, the	797
obligations, duties, powers, or jurisdiction sought to be	798
conferred by that provision upon the interstate commission shall	799
be ineffective and the obligations, duties, powers, or	800
jurisdiction shall remain in the compacting state and shall be	801
exercised by the agency of that state to which the obligations,	802
duties, powers, or jurisdiction are delegated by law in effect at	803
the time this compact becomes effective."	804

Sec. 5149.22. There is hereby established the Ohio council	805
for interstate adult offender supervision pursuant to Article IV	806
of the interstate compact for adult offender supervision. The	807
council shall be comprised of seven members. One member shall be	808
the compact administrator for this state for the interstate	809
compact for adult offender supervision, or the administrator's	810
designee. The speaker of the house of representatives shall	811
appoint one member, who shall be a member of the house of	812
representatives. The president of the senate shall appoint one	813
member, who shall be a member of the senate. The chief justice of	814
the supreme court shall appoint one member, who shall be a member	815
of the judiciary. The governor shall appoint three members, one	816
of whom shall be a representative of a crime victim's	817
organization, and one of whom shall be from the executive branch.	818
The Ohio council for interstate adult offender supervision is not	819
subject to section 101.84 of the Revised Code.	820

Each appointee to the state council shall be appointed in	821
consultation with the department of rehabilitation and correction	822
and shall serve at the pleasure of the appointing authority.	823

The compact administrator for this state for the interstate	824
compact for adult offender supervision, or the administrator's	825
designee shall serve as commissioner of the state council and as	826
this state's representative to the interstate commission	827
established under Article III of that compact.	828

Sec. 5149.24. (A) When a sending state places a hold warrant	829
or a detainer warrant on an offender supervised under the	830
interstate compact for adult offender supervision who is in	831
custody in this state and that warrant does not provide that the	832
offender may be released on bond pending return to the sending	833
state, no court of record in this state has authority to release	834
the offender on bond until the sending state withdraws the	835
warrant.	836

(B) A receiving state has no authority to grant a final	837
release from supervision to any offender supervised under the	838
interstate compact for adult offender supervision unless and until	839
the final release has been approved by the supervising authority	840
of the sending state. The sending state shall not unreasonably	841
withhold such a final release and shall promptly communicate the	842
release to the supervising authorities of the receiving state.	843

Section 2. That existing sections 5120.10 and 5149.18 and	844
section 5149.17 of the Revised Code are hereby repealed.	845

Section 3. Sections 1 and 2 of this act shall take effect	846
upon the later of one hundred eighty days after the effective date	847
of this act or the effective date of the Interstate Compact for	848
the Supervision of Adult Offenders as described in Article XI of	849
the compact.	850

Section 4. By amending section 5149.18 and repealing section	851
5149.17 of the Revised Code in this act, Ohio hereby withdraws	852
from the Interstate Compact for the Supervision of Parolees and	853
Probationers. As described in division (G) of section 5149.17 of	854
the Revised Code, Ohio's duties under that compact shall continue	855
as to parolees or probationers residing in Ohio at the time of	856
withdrawal until they are retaken or finally discharged by the	857
sending state. Pursuant to division (G) of section 5149.17 of the	858
Revised Code, the governor shall immediately send notice in	859
writing of Ohio's intention to withdraw from the Interstate	860
Compact for the Supervision of Parolees and Probationers to the	861
other states that are parties to the compact.	862