REPRESENTATIVES Latta, Seitz, Willamowski, Lendrum, Cirelli, Gilb, Aslanides

To amend section 5149.18, to enact section 5149.21,

1

and to repeal section 5149.17 of the Revised Code

2

to withdraw from the Interstate Compact for the

3

Supervision of Parolees and Probationers and to

4

join the Interstate Compact for Adult Offender

5

Supervision.

6

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

Section 1. That section 5149.18 be amended and section	7
5149.21 of the Revised Code be enacted to read as follows:	8

Sec. 5149.18.  For the purposes of Chapter 5149. of the	9
Revised Code, all of the following apply:	10

(A) "State, states, or States" means one or several of the	11
fifty states of the United States, Puerto Rico, the Virgin	12
Islands, and the District of Columbia.	13

(B) The term "parole" includes post-release control under	14
section 2967.28 of the Revised Code.	15

(C) The term "probation" includes non-prison sanctions	16
imposed under sections 2929.16, 2929.17, and 2929.18 of the	17
Revised Code.	18

Pursuant to the consent and authorization contained in	19
Section 111 (b) of title 4 of the United States Code as cited in	20
section 5149.17 of the Revised Code, this state shall be a party	21
to "Interstate Compact for the Supervision of Parolees and	22
Probationers" with any additional jurisdiction legally joining	23
therein when such jurisdiction has entered in said compact in	24
accordance with its terms.	25

Sec. 5149.21. The "interstate compact for adult offender	26
supervision" is hereby enacted into law and entered into with all	27
other jurisdictions legally joining in that compact in the form	28
substantially as follows:	29

"INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

30

ARTICLE I

31

PURPOSE

32

The compacting states to this interstate compact recognize	33
that each state is responsible for the supervision of adult	34
offenders in the community who are authorized pursuant to the	35
bylaws and rules of this compact to travel across state lines both	36
to and from each compacting state in such a manner as to track the	37
location of offenders, transfer supervision authority in an	38
orderly and efficient manner, and when necessary return offenders	39
to the originating jurisdictions. The compacting states also	40
recognize that Congress, by enacting the "Crime Control Act," 4	41
U.S.C. Section 112 (1965), has authorized and encouraged compacts	42
for cooperative efforts and mutual assistance in the prevention of	43
crime.	44

It is the purpose of this compact and the interstate	45
commission created under this compact, through means of joint and	46
cooperative action among the compacting states: to provide the	47
framework for the promotion of public safety and protect the	48
rights of victims through the control and regulation of the	49
interstate movement of offenders in the community; to provide for	50
the effective tracking, supervision, and rehabilitation of these	51
offenders by the sending and receiving states; and to equitably	52
distribute the costs, benefits, and obligations of the compact	53
among the compacting states.	54

In addition, this compact will: create an interstate	55
commission that will establish uniform procedures to manage the	56
movement between states of adults placed under community	57
supervision and released to the community under the jurisdiction	58
of courts, paroling authorities, corrections, or other criminal	59
justice agencies that will promulgate rules to achieve the purpose	60
of this compact; ensure an opportunity for input and timely notice	61
to victims and to jurisdictions where defined offenders are	62
authorized to travel or to relocate across state lines; establish	63
a system of uniform data collection, access to information on	64
active cases by authorized criminal justice officials, and regular	65
reporting of compact activities to heads of state councils, state	66
executive, judicial, and legislative branches and criminal justice	67
administrators; monitor compliance with rules governing interstate	68
movement of offenders and initiate interventions to address and	69
correct noncompliance; and coordinate training and education	70
regarding regulations of interstate movement of offenders for	71
officials involved in such activity.	72

The compacting states recognize that there is no "right" of	73
any offender to live in another state and that duly accredited	74
officers of a sending state may at all times enter a receiving	75
state and in that state apprehend and retake any offender under	76
supervision subject to the provisions of this compact and bylaws	77
and rules promulgated under this compact. It is the policy of the	78
compacting states that the activities conducted by the interstate	79
commission created in this compact are the formation of public	80
policies and are therefore public business.	81

ARTICLE II

82

DEFINITIONS

83

As used in this compact, unless the context clearly requires	84
a different construction:	85

(A) "Adult" means both individuals legally classified as	86
adults and juveniles treated as adults by court order, statute, or	87
operation of law.	88

(B) "Bylaws" means those bylaws established by the	89
interstate commission for its governance, or for directing or	90
controlling the interstate commission's actions or conduct.	91

(C) "Compact administrator" means the individual in each	92
compacting state who is appointed pursuant to the terms of this	93
compact and who is responsible for the administration and	94
management of the state's supervision and transfer of offenders	95
subject to the terms of this compact, the rules adopted by the	96
interstate commission, and policies adopted by the state council	97
under this compact.	98

(D) "Compacting state" means any state that has enacted the	99
enabling legislation for this compact.	100

(E) "Commissioner" means the voting representative of each	101
compacting state appointed pursuant to Article III of this	102
compact.	103

(F) "Interstate commission" means the interstate commission	104
for adult offender supervision established by this compact.	105

(G) "Member" means the commissioner of a compacting state or	106
designee, who is a person officially connected with the	107
commissioner.	108

(H) "Noncompacting state" means any state that has not	109
enacted the enabling legislation for this compact.	110

(I) "Offender" means an adult placed under, or subject, to	111
supervision as the result of the commission of a criminal offense	112
and released to the community under the jurisdiction of courts,	113
paroling authorities, corrections, or other criminal justice	114
agencies.	115

(J) "Person" means any individual, corporation, business	116
enterprise, or other legal entity, either public or private.	117

(K) "Rules" means acts of the interstate commission, duly	118
promulgated pursuant to Article VIII of this compact,	119
substantially affecting interested parties in addition to the	120
interstate commission.	121

The rules shall have the force and effect of law in the	122
compacting states.	123

(L) "State" means a state of the United States, the District	124
of Columbia, and any other territorial possessions of the United	125
States.	126

(M) "State council" means the resident members of the state	127
council for interstate adult offender supervision created by each	128
state under Article III of this compact.	129

ARTICLE III

130

THE COMPACT COMMISSION

131

The compacting states hereby create the "interstate	132
commission for adult offender supervision." The interstate	133
commission shall be a body corporate and joint agency of the	134
compacting states. The interstate commission shall have all the	135
responsibilities, powers, and duties set forth in this compact,	136
including the power to sue and be sued, and any additional powers	137
that may be conferred upon it by subsequent action of the	138
respective legislatures of the compacting states in accordance	139
with the terms of this compact.	140

The interstate commission shall consist of commissioners	141
selected and appointed by resident members of a state council for	142
interstate adult offender supervision for each state.	143

In addition to the commissioners who are the voting	144
representatives of each state, the interstate commission shall	145
include individuals who are not commissioners but who are members	146
of interested organizations. The non-commissioner members must	147
include a member of the national organizations of governors,	148
legislators, state chief justices, attorneys general, and crime	149
victims. All non-commissioner members of the interstate	150
commission shall be ex-officio (nonvoting) members. The	151
interstate commission may provide in its bylaws for any	152
additional, ex-officio, nonvoting members that it deems necessary.	153

Each compacting state represented at any meeting of the	154
interstate commission is entitled to one vote. A majority of the	155
compacting states shall constitute a quorum for the transaction of	156
business, unless a larger quorum is required by the bylaws of the	157
interstate commission. The interstate commission shall meet at	158
least once each calendar year. The chairperson may call	159
additional meetings and, upon the request of twenty-seven or more	160
compacting states, shall call additional meetings. Public notice	161
shall be given of all meetings, and meetings shall be open to the	162
public.	163

The interstate commission shall establish an executive	164
committee, which shall include commission officers, members, and	165
others as shall be determined by the bylaws. The executive	166
committee shall have the power to act on behalf of the interstate	167
commission during periods when the interstate commission is not in	168
session, with the exception of rulemaking or amendment to the	169
compact. The executive committee oversees the day-to-day	170
activities managed by the executive director and interstate	171
commission staff; administers enforcement and compliance with the	172
provisions of the compact, its bylaws, and as directed by the	173
interstate commission; and performs other duties as directed by	174
commission or set forth in the bylaws.	175

ARTICLE IV

176

THE STATE COUNCIL

177

Each member state shall create a state council for	178
interstate adult offender supervision. The state council shall be	179
responsible for the appointment of the commissioner who shall	180
serve on the interstate commission from that state. Each state	181
council shall appoint as its commissioner the compact	182
administrator from that state to serve on the interstate	183
commission in that capacity under or pursuant to applicable law of	184
the member state. While each member state may determine the	185
membership of its own state council, its membership must include	186
at least one representative from the legislative, judicial, and	187
executive branches of government, victims groups, and compact	188
administrators. Each compacting state retains the right to	189
determine the qualifications of the compact administrator who	190
shall be appointed by the state council or by the governor in	191
consultation with the legislature and the judiciary. In addition	192
to appointment of its commissioner to the national interstate	193
commission, each state council shall exercise oversight and	194
advocacy concerning its participation in interstate commission	195
activities and other duties as may be determined by each member	196
state, including, but not limited to, development of policy	197
concerning operations and procedures of the compact within that	198
state.	199

ARTICLE V

200

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

201

The interstate commission shall have the following powers:

202

(A) To adopt a seal and suitable bylaws governing the	203
management and operation of the interstate commission;	204

(B) To promulgate rules that have the force and effect of	205
statutory law and are binding in the compacting states to the	206
extent and in the manner provided in this compact;	207

(C) To oversee, supervise, and coordinate the interstate	208
movement of offenders subject to the terms of this compact and any	209
bylaws adopted and rules promulgated by the compact commission;	210

(D) To enforce compliance with compact provisions,	211
interstate commission rules, and bylaws, using all necessary and	212
proper means, including, but not limited to, the use of judicial	213
process;	214

(E) To establish and maintain offices;

215

(F) To purchase and maintain insurance and bonds;

216

(G) To borrow, accept, or contract for services of	217
personnel, including, but not limited to, members and their	218
staffs;	219

(H) To establish and appoint committees and hire staff that	220
it considers necessary for the carrying out of its functions,	221
including, but not limited to, an executive committee as required	222
by Article III of this compact. The committees shall have the	223
power to act on behalf of the interstate commission in carrying	224
out its powers and duties under this compact.	225

(I) To elect or appoint any officers, attorneys, employees,	226
agents, or consultants, and to fix their compensation, define	227
their duties, and determine their qualifications; and to establish	228
the interstate commission's personnel policies and programs	229
relating to, among other things, conflicts of interest, rates of	230
compensation, and qualifications of personnel;	231

(J) To accept any and all donations and grants of money,	232
equipment, supplies, materials, and services, and to receive,	233
utilize, and dispose of those donations and grants;	234

(K) To lease, purchase, accept contributions or donations	235
of, or otherwise to own, hold, improve, or use any property, real,	236
personal, or mixed;	237

(L) To sell, convey, mortgage, pledge, lease, exchange,	238
abandon, or otherwise dispose of any property, real, personal, or	239
mixed;	240

(M) To establish a budget and make expenditures and levy	241
dues as provided in Article X of this compact;	242

(N) To sue and be sued;

243

(O) To provide for dispute resolution among compacting	244
states;	245

(P) To perform any functions that may be necessary or	246
appropriate to achieve the purposes of this compact;	247

(Q) To report annually to the legislatures, governors,	248
judiciary, and state councils of the compacting states concerning	249
the activities of the interstate commission during the preceding	250
year. The reports shall also include any recommendations that may	251
have been adopted by the interstate commission.	252

(R) To coordinate education, training, and public awareness	253
regarding the interstate movement of offenders for officials	254
involved in such activity;	255

(S) To establish uniform standards for the reporting,	256
collecting, and exchanging of data.	257

ARTICLE VI

258

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

259

(A) Bylaws

260

The interstate commission shall, by a majority of the	261
members, within twelve months of the first interstate commission	262
meeting, adopt bylaws to govern its conduct as may be necessary or	263
appropriate to carry out the purposes of the compact, including,	264
but, not limited to all of the following:	265

(1) Establishing the fiscal year of the interstate	266
commission;	267

(2) Establishing an executive committee and any other	268
committees that may be necessary;	269

(3) Providing reasonable standards and procedures:

270

(a) For the establishment of committees;

271

(b) Governing any general or specific delegation of any	272
authority or function of the interstate commission.	273

(4) Providing reasonable procedures for calling and	274
conducting meetings of the interstate commission, and ensuring	275
reasonable notice of each meeting;	276

(5) Establishing the titles and responsibilities of the	277
officers of the interstate commission;	278

(6) Providing reasonable standards and procedures for the	279
establishment of the personnel policies and programs of the	280
interstate commission. Notwithstanding any civil service or other	281
similar laws of any compacting state, the bylaws shall exclusively	282
govern the personnel policies and programs of the interstate	283
commission.	284

(7) Providing a mechanism for winding up the operations of	285
the interstate commission and the equitable return of any surplus	286
funds that may exist upon the termination of the compact after the	287
payment or reserving of all of its debts and obligations;	288

(8) Providing transition rules for "start up"	289
administration of the compact;	290

(9) Establishing standards and procedures for compliance and	291
technical assistance in carrying out the compact.	292

(B) Officers and staff

293

The interstate commission shall, by a majority of the	294
members, elect from among its members a chairperson and a vice	295
chairperson, each of whom shall have the authorities and duties as	296
may be specified in the bylaws. The chairperson or, in his or her	297
absence or disability, the vice chairperson, shall preside at all	298
meetings of the interstate commission. The officers so elected	299
shall serve without compensation or remuneration from the	300
interstate commission; provided that, subject to the availability	301
of budgeted funds, the officers shall be reimbursed for any actual	302
and necessary costs and expenses incurred by them in the	303
performance of their duties and responsibilities as officers of	304
the interstate commission.	305

The interstate commission shall, through its executive	306
committee, appoint or retain an executive director for the period,	307
upon the terms and conditions, and for the compensation that the	308
interstate commission considers appropriate. The executive	309
director shall serve as secretary to the interstate commission,	310
and hire and supervise the other staff that may be authorized by	311
the interstate commission, but shall not be a member.	312

(C) Corporate records of the interstate commission

313

The interstate commission shall maintain its corporate books	314
and records in accordance with the bylaws.	315

(D) Qualified immunity, defense and indemnification

316

The members, officers, executive director, and employees of	317
the interstate commission shall be immune from suit and liability,	318
either personally or in their official capacity, for any claim for	319
damage to or loss of property or personal injury or other civil	320
liability caused or arising out of any actual or alleged act,	321
error or omission that occurred within the scope of interstate	322
commission employment, duties, or responsibilities; provided that	323
nothing in this paragraph shall be construed to protect any such	324
person from suit or liability for any damage, loss, injury, or	325
liability caused by the intentional or willful and wanton	326
misconduct of any such person.	327

The interstate commission shall defend the commissioner of	328
a compacting state, or the commissioner's representatives or	329
employees, or the interstate commission's representatives or	330
employees, in any civil action seeking to impose liability,	331
arising out of any actual or alleged act, error, or omission that	332
occurred within the scope of interstate commission employment,	333
duties, or responsibilities, or that the defendant had a	334
reasonable basis for believing occurred within the scope of	335
interstate commission employment, duties, or responsibilities;	336
provided, that the actual or alleged act, error, or omission did	337
not result from intentional wrongdoing on the part of the person.	338

The interstate commission shall indemnify and hold the	339
commissioner of a compacting state, the appointed designee, or	340
employees, or the interstate commission's representatives or	341
employees, harmless in the amount of any settlement or judgment	342
obtained against such persons arising out of any actual or alleged	343
act, error, or omission that occurred within the scope of	344
interstate commission employment, duties, or responsibilities, or	345
that such persons had a reasonable basis for believing occurred	346
within the scope of interstate commission employment, duties, or	347
responsibilities, provided that the actual or alleged act, error,	348
or omission did not result from gross negligence or intentional	349
wrongdoing on the part of the person.	350

ARTICLE VII

351

ACTIVITIES OF THE INTERSTATE COMMISSION

352

(A) The interstate commission shall meet and take any	353
actions that are consistent with the provisions of this compact.	354

Except as otherwise provided in this compact and unless a	355
greater percentage is required by the bylaws, in order to	356
constitute an act of the interstate commission, the act shall have	357
been taken at a meeting of the interstate commission and shall	358
have received an affirmative vote of a majority of the members	359
present.	360

Each member of the interstate commission shall have the	361
right and power to cast a vote to which that compacting state is	362
entitled and to participate in the business and affairs of the	363
interstate commission. A member shall vote in person on behalf of	364
the state and shall not delegate a vote to another member state.	365
However, a state council shall appoint another authorized	366
representative, in the absence of the commissioner from that	367
state, to cast a vote on behalf of the member state at a specified	368
meeting. The bylaws may provide for members' participation in	369
meetings by telephone or other means of telecommunication or	370
electronic communication. Any voting conducted by telephone or	371
other means of telecommunication or electronic communication shall	372
be subject to the same quorum requirements of meetings where	373
members are present in person.	374

The interstate commission shall meet at least once during	375
each calendar year. The chairperson of the interstate commission	376
may call additional meetings at any time and, upon the request of	377
a majority of the members, shall call additional meetings.	378

The interstate commission's bylaws shall establish	379
conditions and procedures under which the interstate commission	380
shall make its information and official records available to the	381
public for inspection or copying. The interstate commission may	382
exempt from disclosure any information or official records to the	383
extent they would adversely affect personal privacy rights or	384
proprietary interests. In promulgating those rules, the	385
interstate commission may make available to law enforcement	386
agencies records and information otherwise exempt from disclosure	387
and may enter into agreements with law enforcement agencies to	388
receive or exchange information or records subject to	389
nondisclosure and confidentiality provisions.	390

Public notice shall be given of all meetings, and all	391
meetings shall be open to the public, except as set forth in the	392
rules or as otherwise provided in the compact. The interstate	393
commission shall promulgate rules consistent with the principles	394
contained in the "Government in Sunshine Act," 5 U.S.C. Section	395
552(b), as amended. The interstate commission and any of its	396
committees may close a meeting to the public if it determines by	397
two-thirds vote that an open meeting would be likely to do any of	398
the following:	399

(1) Relate solely to the interstate commission's internal	400
personnel practices and procedures;	401

(2) Disclose matters specifically exempted from disclosure	402
by statute;	403

(3) Disclosure trade secrets or commercial or financial	404
information that is privileged or confidential;	405

(4) Involve accusing any person of a crime or formally	406
censuring any person;	407

(5) Disclose information of a personal nature if disclosure	408
would constitute a clearly unwarranted invasion of personal	409
privacy;	410

(6) Disclose investigatory records compiled for law	411
enforcement purposes;	412

(7) Disclose information contained in or related to	413
examination, operating, or condition reports prepared by, on	414
behalf of, or for the use of the interstate commission with	415
respect to a regulated entity for the purpose of regulation or	416
supervision of the regulated entity;	417

(8) Disclose information, the premature disclosure of which	418
would significantly endanger the life of a person or the stability	419
of a regulated entity;	420

(9) Specifically relate to the interstate commission's	421
issuance of a subpoena or its participation in a civil action or	422
proceeding.	423

(B) For every meeting closed pursuant to this provision, the	424
interstate commission's chief legal officer shall publicly certify	425
that, in the legal officer's opinion, the meeting may be closed to	426
the public, and shall reference each relevant exemptive provision.	427
The interstate commission shall keep minutes, and the minutes	428
shall fully and clearly describe all matters discussed in any	429
meeting and shall provide a full and accurate summary of any	430
actions taken, and the reasons for the actions, including a	431
description of each of the views expressed on any item and the	432
record of any roll call vote (reflected in the vote of each member	433
on the question). All documents considered in connection with any	434
action shall be identified in the minutes.	435

The interstate commission shall collect standardized data	436
concerning the interstate movement of offenders as directed	437
through its bylaws and rules. The bylaws and rules shall specify	438
the data to be collected, the means of collection and data	439
exchange, and reporting requirements.	440

ARTICLE VIII

441

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

442

(A) The interstate commission shall promulgate rules in	443
order to effectively and efficiently achieve the purposes of the	444
compact including transition rules governing administration of the	445
compact during the period in which it is being considered and	446
enacted by the states.	447

Rulemaking shall occur pursuant to the criteria set forth in	448
this article and the bylaws and rules adopted pursuant to this	449
article. The rulemaking shall substantially conform to the	450
principles of the "Federal Administrative Procedure Act," 5	451
U.S.C.S. section 551 et seq., and the "Federal Advisory Committee	452
Act," 5 U.S.C.S. app. 2, section 1 et seq., as amended	453
(hereinafter "APA"). All rules and amendments shall become	454
binding as of the date specified in each rule or amendment.	455

If a majority of the legislatures of the compacting states	456
rejects a rule, by enactment of a statute or resolution in the	457
same manner used to adopt the compact, then the rule shall have no	458
further force and effect in any compacting state.	459

When promulgating a rule, the interstate commission shall do	460
all of the following:	461

(1) Publish the proposed rule stating with particularity	462
the text of the rule that is proposed and the reason for the	463
proposed rule;	464

(2) Allow persons to submit written data, facts, opinions	465
and arguments, which information shall be publicly available;	466

(3) Provide an opportunity for an informal hearing;

467

(4) Promulgate a final rule and its effective date, if	468
appropriate, based on the rulemaking record.	469

(B) Not later than sixty days after a rule is promulgated,	470
any interested person may file a petition in the United States	471
district court for the District of Columbia or in the federal	472
district court where the interstate commission's principal office	473
is located for judicial review of the rule. If the court finds	474
that the interstate commission's action is not supported by	475
substantial evidence, as defined in the APA, in the rulemaking	476
record, the court shall hold the rule unlawful and set it aside.	477

Subjects to be addressed within twelve months after the	478
first meeting shall at a minimum include all of the following:	479

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

480

(2) Offender registration and compliance;

481

(3) Violations and returns;

482

(4) Transfer procedures and forms;

483

(5) Eligibility for transfer;

484

(6) Collection of restitution and fees from offenders;

485

(7) Data collection and reporting;

486

(8) The level of supervision to be provided by the	487
receiving state;	488

(9) Transition rules governing the operation of the compact	489
and the interstate commission during all or part of the period	490
between the effective date of the compact and the date on which	491
the last eligible state adopts the compact;	492

(10) Mediation, arbitration, and dispute resolution.

493

(C) The existing rules governing the operation of the	494
previous compact superseded by this act shall be null and void	495
twelve months after the first meeting of the interstate commission	496
created under this compact.	497

Upon determination by the interstate commission that an	498
emergency exists, it may promulgate an emergency rule, and the	499
emergency rule shall become effective immediately upon adoption,	500
provided that the usual rulemaking procedures provided under this	501
compact shall be retroactively applied to the rule as soon as	502
reasonably possible, in no event later than ninety days after the	503
effective date of the rule.	504

ARTICLE IX

505

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE	506
COMMISSION	507

(A) Oversight

508

The interstate commission shall oversee the interstate	509
movement of adult offenders in the compacting states and shall	510
monitor such activities being administered in noncompacting states	511
that may significantly affect compacting states.	512

The courts and executive agencies in each compacting state	513
shall enforce this compact and shall take all actions necessary	514
and appropriate to effectuate the compact's purposes and intent.	515
In any judicial or administrative proceeding in a compacting state	516
pertaining to the subject matter of this compact that may affect	517
the powers, responsibilities, or actions of the interstate	518
commission, the interstate commission shall be entitled to receive	519
all service of process in any such proceeding and shall have	520
standing to intervene in the proceeding for all purposes.	521

(B) Dispute Resolution

522

The compacting states shall report to the interstate	523
commission on issues or activities of concern to them and	524
cooperate with and support the interstate commission in the	525
discharge of its duties and responsibilities.	526

The interstate commission shall attempt to resolve any	527
disputes or other issues that are subject to the compact and that	528
may arise among compacting states and noncompacting states.	529

The interstate commission shall enact a bylaw or promulgate	530
a rule providing for both mediation and binding dispute resolution	531
for disputes among the compacting states.	532

(C) Enforcement

533

The interstate commission, in the reasonable exercise of its	534
discretion, shall enforce the provisions of this compact using any	535
or all means set forth in Article XII, division B, of this	536
compact.	537

ARTICLE X

538

FINANCE

539

The interstate commission shall pay or provide for the	540
payment of the reasonable expenses of its establishment,	541
organization, and ongoing activities.	542

The interstate commission shall levy on and collect an	543
annual assessment from each compacting state to cover the cost of	544
the internal operations and activities of the interstate	545
commission and its staff. The annual assessment shall be in a	546
total amount sufficient to cover the interstate commission's	547
annual budget as approved each year. The aggregate annual	548
assessment amount shall be allocated based upon a formula to be	549
determined by the interstate commission, taking into consideration	550
the population of the state and the volume of interstate movement	551
of offenders in each compacting state, and shall promulgate a rule	552
that is binding upon all compacting states and governs the	553
assessment.	554

The interstate commission shall not incur any obligations of	555
any kind prior to securing the funds adequate to meet the	556
obligation, and the interstate commission shall not pledge the	557
credit of any of the compacting states, except by and with the	558
authority of the compacting state.	559

The interstate commission shall keep accurate accounts of	560
all receipts and disbursements. The receipts and disbursements of	561
the interstate commission shall be subject to the audit and	562
accounting procedures established under its bylaws. However, all	563
receipts and disbursements of funds handled by the interstate	564
commission shall be audited yearly by a certified or licensed	565
public accountant, and the report of the audit shall be included	566
in and become part of the annual report of the interstate	567
commission.	568

ARTICLE XI

569

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

570

Any state, as defined in Article II of this compact, is	571
eligible to become a compacting state. The compact shall become	572
effective and binding upon legislative enactment of the compact	573
into law by no less than thirty-five of the states. The initial	574
effective date shall be the later of July 1, 2001, or upon	575
enactment into law by the thirty-fifth jurisdiction. After the	576
initial effective date, it shall become effective and binding, as	577
to any other compacting state, upon enactment of the compact into	578
law by that state. The governors of nonmember states or their	579
designees shall be invited to participate in interstate commission	580
activities on a nonvoting basis prior to adoption of the compact	581
by all states and territories of the United States.	582

Amendments to the compact may be proposed by the interstate	583
commission for enactment by the compacting states. No amendment	584
shall become effective and binding upon the interstate commission	585
and the compacting states unless and until it is enacted into law	586
by unanimous consent of the compacting states.	587

ARTICLE XII

588

WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

589

(A) Withdrawal

590

Once effective, the compact shall continue in force and	591
remain binding upon each and every compacting state; provided that	592
a compacting state may withdraw from the compact ("withdrawing	593
state") by enacting a statute specifically repealing the statute	594
that enacted the compact into law.	595

The effective date of withdrawal is the effective date of	596
the repeal.	597

The withdrawing state shall immediately notify the	598
chairperson of the interstate commission in writing upon the	599
introduction of legislation repealing this compact in the	600
withdrawing state.	601

The interstate commission shall notify the other compacting	602
states of the withdrawing state's intent to withdraw within sixty	603
days of its receipt of the notice from the withdrawing state.	604

The withdrawing state is responsible for all assessments,	605
obligations, and liabilities incurred through the effective date	606
of withdrawal, including any obligations, the performance of which	607
extend beyond the effective date of withdrawal.	608

Reinstatement following withdrawal of any compacting state	609
shall occur upon the withdrawing state reenacting the compact or	610
upon any later date as determined by the interstate commission.	611

(B) Default

612

(1) If the interstate commission determines that any	613
compacting state has at any time defaulted ("defaulting state") in	614
the performance of any of its obligations or responsibilities	615
under this compact, the bylaws, or any duly promulgated rules, the	616
interstate commission may impose any or all of the following	617
penalties:	618

(a) Fines, fees, and costs in any amounts that are	619
determined to be reasonable as fixed by the interstate commission;	620

(b) Remedial training and technical assistance as directed	621
by the interstate commission;	622

(c) Suspension and termination of membership in the	623
compact. Suspension shall be imposed only after all other	624
reasonable means of securing compliance under the bylaws and rules	625
have been exhausted. Immediate notice of suspension shall be given	626
by the interstate commission to the governor, the chief justice or	627
chief judicial officer of the state, the majority and minority	628
leaders of the defaulting state's legislature, and the state	629
council.	630

(2) The grounds for default include, but are not limited	631
to, failure of a compacting state to perform the obligations or	632
responsibilities imposed upon it by this compact, interstate	633
commission bylaws, or duly promulgated rules. The interstate	634
commission shall immediately notify the defaulting state in	635
writing of the penalty imposed by the interstate commission on the	636
defaulting state pending a cure of the default. The interstate	637
commission shall stipulate the conditions and the time period	638
within which the defaulting state must cure its default. If the	639
defaulting state fails to cure the default within the time period	640
specified by the interstate commission, in addition to any other	641
penalties imposed in this compact, the defaulting state may be	642
terminated from the compact upon an affirmative vote of a majority	643
of the compacting states and all rights, privileges, and benefits	644
conferred by this compact shall be terminated from the effective	645
date of suspension. Within sixty days of the effective date of	646
termination of a defaulting state, the interstate commission shall	647
notify the governor, the chief justice or chief judicial officer,	648
the majority and minority leaders of the defaulting state's	649
legislature, and the state council of the termination.	650

The defaulting state is responsible for all assessments,	651
obligations and liabilities incurred through the effective date of	652
termination including any obligations, the performance of which	653
extends beyond the effective date of termination.	654

The interstate commission shall not bear any costs relating	655
to the defaulting state unless otherwise mutually agreed upon	656
between the interstate commission and the defaulting state.	657
Reinstatement following termination of any compacting state	658
requires both a reenactment of the compact by the defaulting state	659
and the approval of the interstate commission pursuant to the	660
rules.	661

(C) Judicial enforcement

662

The interstate commission may, by majority vote of the	663
members, initiate legal action in the United States district court	664
for the District of Columbia or, at the discretion of the	665
interstate commission, in the federal district where the	666
interstate commission has its offices to enforce compliance with	667
the provisions of the compact, its duly promulgated rules, and	668
bylaws, against any compacting state in default. In the event	669
judicial enforcement is necessary, the prevailing party shall be	670
awarded all costs of the litigation including reasonable attorneys	671
fees.	672

(D) Dissolution of compact

673

The compact dissolves effective upon the date of the	674
withdrawal or default of the compacting state that reduces	675
membership in the compact to one compacting state.	676

Upon the dissolution of this compact, the compact becomes	677
null and void and shall be of no further force or effect, and the	678
business and affairs of the interstate commission shall be wound	679
up, and any surplus funds shall be distributed in accordance with	680
the bylaws.	681

ARTICLE XIII

682

SEVERABILITY AND CONSTRUCTION

683

The provisions of this compact shall be severable, and, if	684
any phrase, clause, sentence, or provision is deemed	685
unenforceable, the remaining provisions of the compact shall be	686
enforceable.	687

The provisions of this compact shall be liberally	688
constructed to effectuate its purposes.	689

ARTICLE XIV

690

BINDING EFFECT OF COMPACT AND OTHER LAWS

691

(A) Other laws

692

Nothing in this compact prevents the enforcement of any	693
other law of a compacting state that is not inconsistent with this	694
compact.	695

All compacting states' laws conflicting with this compact	696
are superseded to the extent of the conflict.	697

(B) Binding effect of the compact

698

All lawful actions of the interstate commission, including	699
all rules and bylaws promulgated by the interstate commission, are	700
binding upon the compacting states.	701

All agreements between the interstate commission and the	702
compacting states are binding in accordance with their terms.	703

Upon the request of a party to a conflict over meaning or	704
interpretation of interstate commission actions, and upon a	705
majority vote of the compacting states, the interstate commission	706
may issue advisory opinions regarding such meaning or	707
interpretation.	708

If any provision of this compact exceeds the constitutional	709
limits imposed on the legislature of any compacting state, the	710
obligations, duties, powers, or jurisdiction sought to be	711
conferred by that provision upon the interstate commission shall	712
be ineffective and the obligations, duties, powers, or	713
jurisdiction shall remain in the compacting state and shall be	714
exercised by the agency of that state to which the obligations,	715
duties, powers, or jurisdiction are delegated by law in effect at	716
the time this compact becomes effective."	717

Section 2. That existing section 5149.18 and section 5149.17	718
of the Revised Code are hereby repealed.	719

Section 3. Sections 1 and 2 of this act shall take effect	720
upon the later of one hundred eighty days after the effective date	721
of this act or the effective date of the Interstate Compact for	722
the Supervision of Adult Offenders as described in Article XI of	723
the compact.	724

Section 4. By amending section 5149.18 and repealing section	725
5149.17 of the Revised Code in this act, Ohio hereby withdraws	726
from the Interstate Compact for the Supervision of Parolees and	727
Probationers. As described in division (G) of section 5149.17 of	728
the Revised Code, Ohio's duties under that compact shall continue	729
as to parolees or probationers residing in Ohio at the time of	730
withdrawal until they are retaken or finally discharged by the	731
sending state. Pursuant to division (G) of section 5149.17 of the	732
Revised Code, the governor shall immediately send notice in	733
writing of Ohio's intention to withdraw from the Interstate	734
Compact for the Supervision of Parolees and Probationers to the	735
other states that are parties to the compact.	736