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 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

&nbs