Office of the Revisor of Statutes
HF 2651
Introduction - 83rd Legislature (2003 - 2004)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act
1.2 relating to corrections; amending the Interstate
1.3 Compact for Adult Offender Supervision by providing
1.4 procedures for retaking and reincarceration of
1.5 parolees and probationers; delaying the repeal of the
1.6 interstate compact for the supervision of parolees and
1.7 probationers to provide more transition time for
1.8 adoption of rules under the new compact; amending
1.9 Minnesota Statutes 2002, section 243.1605; Laws 2002,
1.10 chapter 268, section 8.
1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2002, section 243.1605, is
1.13 amended to read:
1.14 243.1605 [INTERSTATE COMPACT FOR ADULT OFFENDER
1.15 SUPERVISION.]
1.16 ARTICLE I
1.17 PURPOSE
1.18 The compacting states to this interstate compact recognize
1.19 that each state is responsible for the supervision of adult
1.20 offenders in the community who are authorized pursuant to the
1.21 bylaws and rules of this compact to travel across state lines
1.22 both to and from each compacting state in such a manner as to
1.23 track the location of offenders, transfer supervision authority
1.24 in an orderly and efficient manner, and when necessary return
1.25 offenders to the originating jurisdictions. The compacting
1.26 states also recognize that Congress, by enacting the Crime
1.27 Control Act under United States Code, title 4, section 112
1.28 (1965), has authorized and encouraged compacts for cooperative
2.1 efforts and mutual assistance in the prevention of crime. It is
2.2 the purpose of this compact and the interstate commission
2.3 created hereunder, through means of joint and cooperative action
2.4 among the compacting states:
2.5 (1) to provide the framework for the promotion of public
2.6 safety and protect the rights of victims through the control and
2.7 regulation of the interstate movement of offenders in the
2.8 community;
2.9 (2) to provide for the effective tracking, supervision, and
2.10 rehabilitation of these offenders by the sending and receiving
2.11 states; and
2.12 (3) to equitably distribute the costs, benefits, and
2.13 obligations of the compact among the compacting states.
2.14 In addition, this compact will:
2.15 (1) create an interstate commission which will establish
2.16 uniform procedures to manage the movement between states of
2.17 adults placed under community supervision and released to the
2.18 community under the jurisdiction of courts, paroling
2.19 authorities, corrections, or other criminal justice agencies
2.20 which will promulgate rules to achieve the purpose of this
2.21 compact;
2.22 (2) ensure an opportunity for input and timely notice to
2.23 victims and to jurisdictions where defined offenders are
2.24 authorized to travel or to relocate across state lines;
2.25 (3) establish a system of uniform data collection, access
2.26 to information on active cases by authorized criminal justice
2.27 officials, and regular reporting of compact activities to heads
2.28 of state councils; state executive, judicial, and legislative
2.29 branches; and criminal justice administrators;
2.30 (4) monitor compliance with rules governing interstate
2.31 movement of offenders and initiate interventions to address and
2.32 correct noncompliance; and
2.33 (5) coordinate training and education regarding regulations
2.34 of interstate movement of offenders for officials involved in
2.35 such activity.
2.36 The compacting states recognize that there is no "right" of
3.1 any offender to live in another state and that duly accredited
3.2 officers of a sending state may at all times enter a receiving
3.3 state and there apprehend and retake any offender under
3.4 supervision subject to the provisions of this compact and bylaws
3.5 and rules promulgated hereunder. It is the policy of the
3.6 compacting states that the activities conducted by the
3.7 Interstate Commission created herein are the formation of public
3.8 policies and are therefore public business.
3.9 ARTICLE II
3.10 DEFINITIONS
3.11 As used in this compact, unless the context clearly
3.12 requires a different construction:
3.13 (1) "adult" means both individuals legally classified as
3.14 adults and juveniles treated as adults by court order, statute,
3.15 or operation of law;
3.16 (2) "bylaws" mean those bylaws established by the
3.17 interstate commission for its governance, or for directing or
3.18 controlling the Interstate Commission's actions or conduct;
3.19 (3) "commissioner" means the voting representative of each
3.20 compacting state appointed pursuant to article III of this
3.21 compact;
3.22 (4) "compact administrator" means the individual in each
3.23 compacting state appointed pursuant to the terms of this compact
3.24 responsible for the administration and management of the state's
3.25 supervision and transfer of offenders subject to the terms of
3.26 this compact, the rules adopted by the Interstate Commission,
3.27 and policies adopted by the state council under this compact;
3.28 (5) "compacting state" means any state which has enacted
3.29 the enabling legislation for this compact, the rules adopted by
3.30 the Interstate Commission, and policies adopted by the state
3.31 council under this compact;
3.32 (6) "Interstate Commission" means the Interstate Commission
3.33 for adult offender supervision established by this compact;
3.34 (7) "member" means the commissioner of a compacting state
3.35 or a designee, who shall be a person officially connected with
3.36 the commissioner;
4.1 (8) "noncompacting state" means any state which has not
4.2 enacted the enabling legislation for this compact;
4.3 (9) "offender" means an adult placed under, or subject to
4.4 supervision as the result of, the commission of a criminal
4.5 offense and released to the community under the jurisdiction of
4.6 courts, paroling authorities, corrections, or other criminal
4.7 justice agencies;
4.8 (10) "person" means any individual, corporation, business
4.9 enterprise, or other legal entity, either public or private;
4.10 (11) "rules" mean acts of the Interstate Commission, duly
4.11 promulgated pursuant to article VIII of this compact,
4.12 substantially affecting interested parties in addition to the
4.13 Interstate Commission, which shall have the force and effect of
4.14 law in the compacting states;
4.15 (12) "state" means a state of the United States, the
4.16 District of Columbia, and any other territorial possessions of
4.17 the United States; and
4.18 (13) "state council" means the resident members of the
4.19 state council for interstate adult offender supervision created
4.20 by each state under article IV of this compact.
4.21 ARTICLE III
4.22 THE COMPACT COMMISSION
4.23 The compacting states hereby create the Interstate
4.24 Commission for adult offender supervision. The Interstate
4.25 Commission shall be a body corporate and joint agency of the
4.26 compacting states. The Interstate Commission shall have all the
4.27 responsibilities, powers, and duties set forth herein, including
4.28 the power to sue and be sued, and such additional powers as may
4.29 be conferred upon it by subsequent action of the respective
4.30 legislatures of the compacting states in accordance with the
4.31 terms of this compact.
4.32 The Interstate Commission shall consist of commissioners
4.33 selected and appointed by resident members of a state council
4.34 for interstate adult offender supervision for each state.
4.35 In addition to the commissioners who are the voting
4.36 representatives of each state, the Interstate Commission shall
5.1 include individuals who are not commissioners but who are
5.2 members of interested organizations; such noncommissioner
5.3 members must include a member of the national organizations of
5.4 governors, legislators, state chief justices, attorneys general,
5.5 and crime victims. All noncommissioner members of the
5.6 Interstate Commission shall be ex officio (nonvoting) members.
5.7 The Interstate Commission may provide in its bylaws for such
5.8 additional, ex officio, nonvoting members as it deems necessary.
5.9 Each compacting state represented at any meeting of the
5.10 Interstate Commission is entitled to one vote. A majority of
5.11 the compacting states shall constitute a quorum for the
5.12 transaction of business, unless a larger quorum is required by
5.13 the bylaws of the Interstate Commission. The Interstate
5.14 Commission shall meet at least once each calendar year. The
5.15 chairperson may call additional meetings and, upon the request
5.16 of 27 or more compacting states, shall call additional
5.17 meetings. Public notice shall be given of all meetings and
5.18 meetings shall be open to the public.
5.19 The Interstate Commission shall establish an executive
5.20 committee which shall include commission officers, members, and
5.21 others as shall be determined by the bylaws. The executive
5.22 committee shall have the power to act on behalf of the
5.23 interstate commission during periods when the Interstate
5.24 Commission is not in session, with the exception of rulemaking
5.25 and/or amendment to the compact. The executive committee
5.26 oversees the day-to-day activities managed by the executive
5.27 director and Interstate Commission staff; administers
5.28 enforcement and compliance with the provisions of the compact,
5.29 its bylaws, and as directed by the Interstate Commission; and
5.30 performs other duties as directed by the Interstate Commission
5.31 or set forth in the bylaws.
5.32 ARTICLE IV
5.33 THE STATE COUNCIL
5.34 Each member state shall create a state council for
5.35 interstate adult offender supervision which shall be responsible
5.36 for the appointment of the commissioner who shall serve on the
6.1 Interstate Commission from that state. Each state council shall
6.2 appoint as its commissioner the compact administrator from that
6.3 state to serve on the Interstate Commission in such capacity
6.4 under or pursuant to applicable law of the member state. While
6.5 each member state may determine the membership of its own state
6.6 council, its membership must include at least one representative
6.7 from the legislative, judicial, and executive branches of
6.8 government; victims groups; and compact administrators. Each
6.9 compacting state retains the right to determine the
6.10 qualifications of the compact administrator, who shall be
6.11 appointed by the state council or by the governor in
6.12 consultation with the legislature and the judiciary. In
6.13 addition to appointment of its commissioner to the national
6.14 Interstate Commission, each state council shall exercise
6.15 oversight and advocacy concerning its participation in
6.16 Interstate Commission activities and other duties as may be
6.17 determined by each member state, including, but not limited to,
6.18 development of policy concerning operations and procedures of
6.19 the compact within that state.
6.20 ARTICLE V
6.21 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
6.22 The Interstate Commission shall have the following powers:
6.23 (1) to adopt a seal and suitable bylaws governing the
6.24 management and operation of the Interstate Commission;
6.25 (2) to promulgate rules which shall have the force and
6.26 effect of statutory law and shall be binding in the compacting
6.27 states to the extent and in the manner provided in this compact;
6.28 (3) to oversee, supervise, and coordinate the interstate
6.29 movement of offenders subject to the terms of this compact and
6.30 any bylaws adopted and rules promulgated by the compact
6.31 commission;
6.32 (4) to enforce compliance with compact provisions,
6.33 Interstate Commission rules, and bylaws, using all necessary and
6.34 proper means, including, but not limited to, the use of judicial
6.35 process;
6.36 (5) to establish and maintain offices;
7.1 (6) to purchase and maintain insurance and bonds;
7.2 (7) to borrow, accept, or contract for services of
7.3 personnel, including, but not limited to, members and their
7.4 staffs;
7.5 (8) to establish and appoint committees and hire staff
7.6 which it deems necessary for the carrying out of its functions,
7.7 including, but not limited to, an executive committee as
7.8 required by article III, which shall have the power to act on
7.9 behalf of the Interstate Commission in carrying out its powers
7.10 and duties hereunder;
7.11 (9) to elect or appoint such officers, attorneys,
7.12 employees, agents, or consultants, and to fix their
7.13 compensation, define their duties, and determine their
7.14 qualifications; and to establish the Interstate Commission's
7.15 personnel policies and programs relating to, among other things,
7.16 conflicts of interest, rates of compensation, and qualifications
7.17 of personnel;
7.18 (10) to accept any and all donations and grants of money,
7.19 equipment, supplies, materials, and services, and to receive,
7.20 utilize, and dispose of same;
7.21 (11) to lease, purchase, accept contributions or donations
7.22 of, or otherwise to own, hold, improve, or use any property,
7.23 real, personal, or mixed;
7.24 (12) to sell, convey, mortgage, pledge, lease, exchange,
7.25 abandon, or otherwise dispose of any property, real, personal,
7.26 or mixed;
7.27 (13) to establish a budget and make expenditures and levy
7.28 dues as provided in article X of this compact;
7.29 (14) to sue and be sued;
7.30 (15) to provide for dispute resolution among compacting
7.31 states;
7.32 (16) to perform such functions as may be necessary or
7.33 appropriate to achieve the purposes of this compact;
7.34 (17) to report annually to the legislatures, governors,
7.35 judiciaries, and state councils of the compacting states
7.36 concerning the activities of the Interstate Commission during
8.1 the preceding year. Such reports shall also include any
8.2 recommendations that may have been adopted by the Interstate
8.3 Commission;
8.4 (18) to coordinate education, training, and public
8.5 awareness regarding the interstate movement of offenders for
8.6 officials involved in such activity; and
8.7 (19) to establish uniform standards for the reporting,
8.8 collecting, and exchanging of data.
8.9 ARTICLE VI
8.10 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
8.11 Section A. [BYLAWS.]
8.12 The Interstate Commission shall, by a majority of the
8.13 members, within 12 months of the first Interstate Commission
8.14 meeting, adopt bylaws to govern its conduct as may be necessary
8.15 or appropriate to carry out the purposes of the compact,
8.16 including, but not limited to:
8.17 (1) establishing the fiscal year of the Interstate
8.18 Commission;
8.19 (2) establishing an executive committee and such other
8.20 committees as may be necessary;
8.21 (3) providing reasonable standards and procedures:
8.22 (i) for the establishment of committees; and
8.23 (ii) governing any general or specific delegation of any
8.24 authority or function of the Interstate Commission;
8.25 (4) providing reasonable procedures for calling and
8.26 conducting meetings of the Interstate Commission, and ensuring
8.27 reasonable notice of each such meeting;
8.28 (5) establishing the titles and responsibilities of the
8.29 officers of the Interstate Commission;
8.30 (6) providing reasonable standards and procedures for the
8.31 establishment of the personnel policies and programs of the
8.32 Interstate Commission. Notwithstanding any civil service or
8.33 other similar laws of any compacting state, the bylaws shall
8.34 exclusively govern the personnel policies and programs of the
8.35 Interstate Commission;
8.36 (7) providing a mechanism for winding up the operations of
9.1 the Interstate Commission and the equitable return of any
9.2 surplus funds that may exist upon the termination of the compact
9.3 after the payment and/or reserving of all of its debts and
9.4 obligations;
9.5 (8) providing transition rules for "start up"
9.6 administration of the compact; and
9.7 (9) establishing standards and procedures for compliance
9.8 and technical assistance in carrying out the compact.
9.9 Section B. [OFFICERS AND STAFF.]
9.10 The Interstate Commission shall, by a majority of the
9.11 members, elect from among its members a chairperson and a vice
9.12 chairperson, each of whom shall have such authorities and duties
9.13 as may be specified in the bylaws. The chairperson or, in the
9.14 chairperson's absence or disability, the vice chairperson shall
9.15 preside at all meetings of the Interstate Commission. The
9.16 officers so elected shall serve without compensation or
9.17 remuneration from the Interstate Commission, provided that
9.18 subject to the availability of budgeted funds, the officers
9.19 shall be reimbursed for any actual and necessary costs and
9.20 expenses incurred by them in the performance of their duties and
9.21 responsibilities as officers of the Interstate Commission.
9.22 The Interstate Commission shall, through its executive
9.23 committee, appoint or retain an executive director for such
9.24 period, upon such terms and conditions, and for such
9.25 compensation as the Interstate Commission may deem appropriate.
9.26 The executive director shall serve as secretary to the
9.27 Interstate Commission, and hire and supervise such other staff
9.28 as may be authorized by the Interstate Commission, but shall not
9.29 be a member.
9.30 Section C. [CORPORATE RECORDS OF THE INTERSTATE
9.31 COMMISSION.]
9.32 The Interstate Commission shall maintain its corporate
9.33 books and records in accordance with the bylaws.
9.34 Section D. [QUALIFIED IMMUNITY; DEFENSE AND
9.35 INDEMNIFICATION.]
9.36 The members, officers, executive director, and employees of
10.1 the Interstate Commission shall be immune from suit and
10.2 liability, either personally or in their official capacity, for
10.3 any claim for damage to or loss of property or personal injury
10.4 or other civil liability caused or arising out of any actual or
10.5 alleged act, error, or omission that occurred within the scope
10.6 of Interstate Commission employment, duties, or
10.7 responsibilities, provided that nothing in this paragraph shall
10.8 be construed to protect any such person from suit and/or
10.9 liability for any damage, loss, injury, or liability caused by
10.10 the intentional or willful and wanton misconduct of any such
10.11 person.
10.12 The Interstate Commission shall defend the commissioner of
10.13 a compacting state, a commissioner's representatives or
10.14 employees, or the Interstate Commission's representatives or
10.15 employees in any civil action seeking to impose liability,
10.16 arising out of any actual or alleged act, error, or omission
10.17 that occurred within the scope of Interstate Commission
10.18 employment, duties, or responsibilities, or that the defendant
10.19 had a reasonable basis for believing occurred within the scope
10.20 of Interstate Commission employment, duties, or
10.21 responsibilities, provided that the actual or alleged act,
10.22 error, or omission did not result from intentional wrongdoing on
10.23 the part of such person.
10.24 The Interstate Commission shall indemnify and hold the
10.25 commissioner of a compacting state, the appointed designee or
10.26 employees, or the Interstate Commission's representatives or
10.27 employees harmless in the amount of any settlement or judgment
10.28 obtained against such persons arising out of any actual or
10.29 alleged act, error, or omission that occurred within the scope
10.30 of Interstate Commission employment, duties, or
10.31 responsibilities, or that such persons had a reasonable basis
10.32 for believing had occurred within the scope of Interstate
10.33 Commission employment, duties, or responsibilities, provided
10.34 that the actual or alleged act, error, or omission did not
10.35 result from gross negligence or intentional wrongdoing on the
10.36 part of such person.
11.1 ARTICLE VII
11.2 ACTIVITIES OF THE INTERSTATE COMMISSION
11.3 The Interstate Commission shall meet and take such actions
11.4 as are consistent with the provisions of this compact.
11.5 Except as otherwise provided in this compact and unless a
11.6 greater percentage is required by the bylaws, in order to
11.7 constitute an act of the Interstate Commission, such act shall
11.8 have been taken at a meeting of the Interstate Commission and
11.9 shall have received an affirmative vote of a majority of the
11.10 members present.
11.11 Each member of the Interstate Commission shall have the
11.12 right and power to cast a vote to which that compacting state is
11.13 entitled and to participate in the business and affairs of the
11.14 Interstate Commission. A member shall vote in person on behalf
11.15 of the state and shall not delegate a vote to another member
11.16 state. However, a state council shall appoint another
11.17 authorized representative, in the absence of the commissioner
11.18 from that state, to cast a vote on behalf of the member state at
11.19 a specified meeting. The bylaws may provide for members'
11.20 participation in meetings by telephone or other means of
11.21 telecommunication or electronic communication. Any voting
11.22 conducted by telephone, or other means of telecommunication or
11.23 electronic communication, shall be subject to the same quorum
11.24 requirements of meetings where members are present in person.
11.25 The Interstate Commission shall meet at least once during
11.26 each calendar year. The chairperson of the Interstate
11.27 Commission may call additional meetings at any time and, upon
11.28 the request of a majority of the members, shall call additional
11.29 meetings.
11.30 The Interstate Commission's bylaws shall establish
11.31 conditions and procedures under which the Interstate Commission
11.32 shall make its information and official records available to the
11.33 public for inspection or copying. The Interstate Commission may
11.34 exempt from disclosure any information or official records to
11.35 the extent they would adversely affect personal privacy rights
11.36 or proprietary interests. In promulgating such rules, the
12.1 Interstate Commission may make available to law enforcement
12.2 agencies records and information otherwise exempt from
12.3 disclosure, and may enter into agreements with law enforcement
12.4 agencies to receive or exchange information or records subject
12.5 to nondisclosure and confidentiality provisions.
12.6 Public notice shall be given of all meetings and all
12.7 meetings shall be open to the public, except as set forth in the
12.8 rules or as otherwise provided in the compact. The Interstate
12.9 Commission shall promulgate rules consistent with the principles
12.10 contained in the "Government in Sunshine Act," United States
12.11 Code, title 5, section 552(b), as may be amended. The
12.12 Interstate Commission and any of its committees may close a
12.13 meeting to the public where it determines by two-thirds vote
12.14 that an open meeting would be likely to:
12.15 (1) relate solely to the Interstate Commission's internal
12.16 personnel practices and procedures;
12.17 (2) disclose matters specifically exempted from disclosure
12.18 by statute;
12.19 (3) disclose trade secrets or commercial or financial
12.20 information which is privileged or confidential;
12.21 (4) involve accusing any person of a crime, or formally
12.22 censuring any person;
12.23 (5) disclose information of a personal nature where
12.24 disclosure would constitute a clearly unwarranted invasion of
12.25 personal privacy;
12.26 (6) disclose investigatory records compiled for law
12.27 enforcement purposes;
12.28 (7) disclose information contained in or related to
12.29 examination, operating, or condition reports prepared by, or on
12.30 behalf of or for the use of, the Interstate Commission with
12.31 respect to a regulated entity for the purpose of regulation or
12.32 supervision of such entity;
12.33 (8) disclose information, the premature disclosure of which
12.34 would significantly endanger the life of a person or the
12.35 stability of a regulated entity; or
12.36 (9) specifically relate to the Interstate Commission's
13.1 issuance of a subpoena, or its participation in a civil action
13.2 or proceeding.
13.3 For every meeting closed pursuant to this provision, the
13.4 Interstate Commission's chief legal officer shall publicly
13.5 certify that, in the officer's opinion, the meeting may be
13.6 closed to the public, and shall reference each relevant
13.7 exemptive provision. The Interstate Commission shall keep
13.8 minutes, which shall fully and clearly describe all matters
13.9 discussed in any meeting and shall provide a full and accurate
13.10 summary of any actions taken, and the reasons therefor,
13.11 including a description of each of the views expressed on any
13.12 item and the record of any roll call vote (reflected in the vote
13.13 of each member on the question). All documents considered in
13.14 connection with any action shall be identified in such minutes.
13.15 The Interstate Commission shall collect standardized data
13.16 concerning the interstate movement of offenders as directed
13.17 through its bylaws and rules which shall specify the data to be
13.18 collected, the means of collection, and data exchange and
13.19 reporting requirements.
13.20 ARTICLE VIII
13.21 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
13.22 The Interstate Commission shall promulgate rules in order
13.23 to effectively and efficiently achieve the purposes of the
13.24 compact, including transition rules governing administration of
13.25 the compact during the period in which it is being considered
13.26 and enacted by the states.
13.27 Rulemaking shall occur pursuant to the criteria set forth
13.28 in this article and the bylaws and rules adopted pursuant
13.29 thereto. Such rulemaking shall substantially conform to the
13.30 principles of the federal Administrative Procedure Act, United
13.31 States Code, title 5, section 551 et seq., and the federal
13.32 Advisory Committee Act, United States Code, title 5, appendix 2,
13.33 section 1 et seq., as may be amended (hereinafter "APA"). All
13.34 rules and amendments shall become binding as of the date
13.35 specified in each rule or amendment.
13.36 If a majority of the legislatures of the compacting states
14.1 rejects a rule, by enactment of a statute or resolution in the
14.2 same manner used to adopt the compact, then such rule shall have
14.3 no further force and effect in any compacting state.
14.4 When promulgating a rule, the Interstate Commission shall:
14.5 (1) publish the proposed rule stating with particularity
14.6 the text of the rule which is proposed and the reason for the
14.7 proposed rule;
14.8 (2) allow persons to submit written data, facts, opinions,
14.9 and arguments, which information shall be publicly available;
14.10 (3) provide an opportunity for an informal hearing; and
14.11 (4) promulgate a final rule and its effective date, if
14.12 appropriate, based on the rulemaking record.
14.13 Not later than 60 days after a rule is promulgated, any
14.14 interested person may file a petition in the United States
14.15 District Court for the District of Columbia or in the federal
14.16 district court where the Interstate Commission's principal
14.17 office is located for judicial review of such rule. If the
14.18 court finds that the Interstate Commission's action is not
14.19 supported by substantial evidence (as defined in the APA), in
14.20 the rulemaking record, the court shall hold the rule unlawful
14.21 and set it aside. Subjects to be addressed within 12 months
14.22 after the first meeting must, at a minimum, include:
14.23 (1) notice to victims and opportunity to be heard;
14.24 (2) offender registration and compliance;
14.25 (3) violations/returns;
14.26 (4) transfer procedures and forms;
14.27 (5) eligibility for transfer;
14.28 (6) collection of restitution and fees from offenders;
14.29 (7) data collection and reporting;
14.30 (8) the level of supervision to be provided by the
14.31 receiving state;
14.32 (9) transition rules governing the operation of the compact
14.33 and the Interstate Commission during all or part of the period
14.34 between the effective date of the compact and the date on which
14.35 the last eligible state adopts the compact; and
14.36 (10) mediation, arbitration, and dispute resolution.
15.1 The existing rules governing the operation of the previous
15.2 compact superseded by this act shall be null and void 12 months
15.3 after the first meeting of the interstate commission created
15.4 hereunder.
15.5 Upon determination by the Interstate Commission that an
15.6 emergency exists, it may promulgate an emergency rule which
15.7 shall become effective immediately upon adoption, provided that
15.8 the usual rulemaking procedures provided hereunder shall be
15.9 retroactively applied to said rule as soon as reasonably
15.10 possible, in no event later than 90 days after the effective
15.11 date of the rule.
15.12 ARTICLE IX
15.13 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
15.14 BY THE INTERSTATE COMMISSION
15.15 Section A. [OVERSIGHT.]
15.16 The Interstate Commission shall oversee the interstate
15.17 movement of adult offenders in the compacting states and shall
15.18 monitor such activities being administered in noncompacting
15.19 states which may significantly affect compacting states.
15.20 The courts and executive agencies in each compacting state
15.21 shall enforce this compact and shall take all actions necessary
15.22 and appropriate to effectuate the compact's purposes and
15.23 intent. In any judicial or administrative proceeding in a
15.24 compacting state pertaining to the subject matter of this
15.25 compact which may affect the powers, responsibilities, or
15.26 actions of the Interstate Commission, the Interstate Commission
15.27 shall be entitled to receive all service of process in any such
15.28 proceeding, and shall have standing to intervene in the
15.29 proceeding for all purposes.
15.30 Section B. [DISPUTE RESOLUTION.]
15.31 The compacting states shall report to the Interstate
15.32 Commission on issues or activities of concern to them, and
15.33 cooperate with and support the Interstate Commission in the
15.34 discharge of its duties and responsibilities.
15.35 The Interstate Commission shall attempt to resolve any
15.36 disputes or other issues which are subject to the compact and
16.1 which may arise among compacting states and noncompacting states.
16.2 The Interstate Commission shall enact a bylaw or promulgate
16.3 a rule providing for both mediation and binding dispute
16.4 resolution for disputes among the compacting states.
16.5 Section C. [ENFORCEMENT.]
16.6 The Interstate Commission, in the reasonable exercise of
16.7 its discretion, shall enforce the provisions of this compact
16.8 using any or all means set forth in article XII, section B, of
16.9 this compact.
16.10 ARTICLE X
16.11 FINANCE
16.12 The Interstate Commission shall pay or provide for the
16.13 payment of the reasonable expenses of its establishment,
16.14 organization, and ongoing activities.
16.15 The Interstate Commission shall levy on and collect an
16.16 annual assessment from each compacting state to cover the cost
16.17 of the internal operations and activities of the Interstate
16.18 Commission and its staff, which must be in a total amount
16.19 sufficient to cover the Interstate Commission's annual budget as
16.20 approved each year. The aggregate annual assessment amount
16.21 shall be allocated based upon a formula to be determined by the
16.22 Interstate Commission, taking into consideration the population
16.23 of the state and the volume of interstate movement of offenders
16.24 in each compacting state and shall promulgate a rule binding
16.25 upon all compacting states, which governs said assessment.
16.26 The Interstate Commission shall not incur any obligations
16.27 of any kind prior to securing the funds adequate to meet the
16.28 same; nor shall the Interstate Commission pledge the credit of
16.29 any of the compacting states, except by and with the authority
16.30 of the compacting state.
16.31 The Interstate Commission shall keep accurate accounts of
16.32 all receipts and disbursements. The receipts and disbursements
16.33 of the Interstate Commission shall be subject to the audit and
16.34 accounting procedures established under its bylaws. However,
16.35 all receipts and disbursements of funds handled by the
16.36 Interstate Commission shall be audited yearly by a certified or
17.1 licensed public accountant and the report of the audit shall be
17.2 included in and become part of the annual report of the
17.3 Interstate Commission.
17.4 Minnesota's annual assessment shall not exceed $50,000.
17.5 The interstate compact for adult offender supervision fund is
17.6 established as a special fund in the Department of Corrections.
17.7 The fund consists of money appropriated for the purpose of
17.8 meeting financial obligations imposed on the state as a result
17.9 of Minnesota's participation in this compact. An assessment
17.10 levied or any other financial obligation imposed under this
17.11 compact is effective against the state only to the extent that
17.12 money to pay the assessment or meet the financial obligation has
17.13 been appropriated and deposited in the fund established in this
17.14 paragraph.
17.15 ARTICLE XI
17.16 COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
17.17 Any state, as defined in article II of this compact, is
17.18 eligible to become a compacting state. The compact shall become
17.19 effective and binding upon legislative enactment of the compact
17.20 into law by no less than 35 of the states. The initial
17.21 effective date shall be the latter of July 1, 2001, or upon
17.22 enactment into law by the 35th jurisdiction. Thereafter, it
17.23 shall become effective and binding, as to any other compacting
17.24 state, upon enactment of the compact into law by that state.
17.25 The governors of nonmember states or their designees will be
17.26 invited to participate in Interstate Commission activities on a
17.27 nonvoting basis prior to adoption of the compact by all states
17.28 and territories of the United States.
17.29 Amendments to the compact may be proposed by the Interstate
17.30 Commission for enactment by the compacting states. No amendment
17.31 shall become effective and binding upon the Interstate
17.32 Commission and the compacting states unless and until it is
17.33 enacted into law by unanimous consent of the compacting states.
17.34 ARTICLE XII
17.35 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
17.36 Section A. [WITHDRAWAL.]
18.1 Once effective, the compact shall continue in force and
18.2 remain binding upon each and every compacting state, provided
18.3 that a compacting state may withdraw from the compact
18.4 ("withdrawing state") by enacting a statute specifically
18.5 repealing the statute which enacted the compact into law.
18.6 The effective date of withdrawal is the effective date of
18.7 the repeal.
18.8 The withdrawing state shall immediately notify the
18.9 chairperson of the Interstate Commission in writing upon the
18.10 introduction of legislation repealing this compact in the
18.11 withdrawing state.
18.12 The Interstate Commission shall notify the other compacting
18.13 states of the withdrawing state's intent to withdraw within 60
18.14 days of its receipt thereof.
18.15 The withdrawing state is responsible for all assessments,
18.16 obligations, and liabilities incurred through the effective date
18.17 of withdrawal, including any obligations, the performance of
18.18 which extend beyond the effective date of withdrawal.
18.19 Reinstatement following withdrawal of any compacting state
18.20 shall occur upon the withdrawing state reenacting the compact or
18.21 upon such later date as determined by the Interstate Commission.
18.22 Section B. [DEFAULT.]
18.23 If the Interstate Commission determines that any compacting
18.24 state has at any time defaulted ("defaulting state") in the
18.25 performance of any of its obligations or responsibilities under
18.26 this compact, the bylaws, or any duly promulgated rules, the
18.27 Interstate Commission may impose any or all of the following
18.28 penalties:
18.29 (1) fines, fees, and costs in such amounts as are deemed to
18.30 be reasonable as fixed by the Interstate Commission;
18.31 (2) remedial training and technical assistance as directed
18.32 by the Interstate Commission; and/or
18.33 (3) suspension and termination of membership in the compact.
18.34 Suspension shall be imposed only after all other reasonable
18.35 means of securing compliance under the bylaws and rules have
18.36 been exhausted. Immediate notice of suspension shall be given
19.1 by the Interstate Commission to the governor, the chief justice
19.2 or chief judicial officer of the state, the majority and
19.3 minority leaders of the defaulting state's legislature, and the
19.4 state council.
19.5 The grounds for default include, but are not limited to,
19.6 failure of a compacting state to perform such obligations or
19.7 responsibilities imposed upon it by this compact, Interstate
19.8 Commission bylaws, or duly promulgated rules. The Interstate
19.9 Commission shall immediately notify the defaulting state in
19.10 writing of the penalty imposed by the Interstate Commission on
19.11 the defaulting state pending a cure of the default. The
19.12 Interstate Commission shall stipulate the conditions and the
19.13 time period within which the defaulting state must cure its
19.14 default. If the defaulting state fails to cure the default
19.15 within the time period specified by the Interstate Commission,
19.16 in addition to any other penalties imposed herein, the
19.17 defaulting state may be terminated from the compact upon an
19.18 affirmative vote of a majority of the compacting states and all
19.19 rights, privileges, and benefits conferred by this compact shall
19.20 be terminated from the effective date of suspension. Within 60
19.21 days of the effective date of termination of a defaulting state,
19.22 the Interstate Commission shall notify the governor, the chief
19.23 justice or chief judicial officer, the majority and minority
19.24 leaders of the defaulting state's legislature, and the state
19.25 council of such termination.
19.26 The defaulting state is responsible for all assessments,
19.27 obligations, and liabilities incurred through the effective date
19.28 of termination, including any obligations, the performance of
19.29 which extends beyond the effective date of termination.
19.30 The Interstate Commission shall not bear any costs relating
19.31 to the defaulting state unless otherwise mutually agreed upon
19.32 between the Interstate Commission and the defaulting state.
19.33 Reinstatement following termination of any compacting state
19.34 requires both a reenactment of the compact by the defaulting
19.35 state and the approval of the Interstate Commission pursuant to
19.36 the rules.
20.1 Section C. [JUDICIAL ENFORCEMENT.]
20.2 The Interstate Commission may, by majority vote of the
20.3 members, initiate legal action in the United States District
20.4 Court for the District of Columbia or, at the discretion of the
20.5 Interstate Commission, in the federal district where the
20.6 Interstate Commission has its offices to enforce compliance with
20.7 the provisions of the compact, or its duly promulgated rules and
20.8 bylaws, against any compacting state in default. In the event
20.9 judicial enforcement is necessary, the prevailing party shall be
20.10 awarded all costs of such litigation, including reasonable
20.11 attorney fees.
20.12 Section D. [DISSOLUTION OF COMPACT.]
20.13 The compact dissolves effective upon the date of the
20.14 withdrawal or default of the compacting state which reduces
20.15 membership in the compact to one compacting state.
20.16 Upon the dissolution of this compact, the compact becomes
20.17 null and void and shall be of no further force or effect, and
20.18 the business and affairs of the Interstate Commission shall be
20.19 wound up and any surplus funds shall be distributed in
20.20 accordance with the bylaws.
20.21 ARTICLE XIII
20.22 SEVERABILITY AND CONSTRUCTION
20.23 The provisions of this compact shall be severable, and if
20.24 any phrase, clause, sentence, or provision is deemed
20.25 unenforceable, the remaining provisions of the compact shall be
20.26 enforceable.
20.27 The provisions of this compact shall be liberally
20.28 constructed to effectuate its purposes.
20.29 ARTICLE XIV
20.30 BINDING EFFECT OF COMPACT AND OTHER LAWS
20.31 Section A. [OTHER LAWS.]
20.32 Nothing herein prevents the enforcement of any other law of
20.33 a compacting state that is not inconsistent with this compact.
20.34 All compacting states' laws conflicting with this compact
20.35 are superseded to the extent of the conflict.
20.36 Section B. [BINDING EFFECT OF THE COMPACT.]
21.1 All lawful actions of the Interstate Commission, including
21.2 all rules and bylaws promulgated by the Interstate Commission,
21.3 are binding upon the compacting states.
21.4 All agreements between the Interstate Commission and the
21.5 compacting states are binding in accordance with their terms.
21.6 Upon the request of a party to a conflict over meaning or
21.7 interpretation of Interstate Commission actions, and upon a
21.8 majority vote of the compacting states, the Interstate
21.9 Commission may issue advisory opinions regarding such meaning or
21.10 interpretation.
21.11 In the event any provision of this compact exceeds the
21.12 constitutional limits imposed on the legislature of any
21.13 compacting state, the obligations, duties, powers, or
21.14 jurisdiction sought to be conferred by such provision upon the
21.15 Interstate Commission shall be ineffective and such obligations,
21.16 duties, powers, or jurisdiction shall remain in the compacting
21.17 state and shall be exercised by the agency thereof to which such
21.18 obligations, duties, powers, or jurisdiction are delegated by
21.19 law in effect at the time this compact becomes effective.
21.20 ARTICLE XV
21.21 ADMINISTRATION OF PAROLEE OR PROBATIONER
21.22 Section A. [RETAKING OF PAROLEE OR PROBATIONER.]
21.23 Where supervision of a parolee or probationer is being
21.24 administered pursuant to the Interstate Compact for Adult
21.25 Supervision, the appropriate judicial or administrative
21.26 authorities in this state shall notify the compact administrator
21.27 of the sending state whenever, in their view, consideration
21.28 should be given to retaking or reincarceration for a parole or
21.29 probation violation. Prior to the giving of any such
21.30 notification, a hearing shall be held in accordance with this
21.31 subdivision within a reasonable time, unless the parolee or
21.32 probationer waives such hearing. The appropriate officer or
21.33 officers of this state shall as soon as practicable, following
21.34 termination of any such hearing, report to the sending state,
21.35 furnish a copy of the hearing record, and make recommendations
21.36 regarding the disposition to be made of the parolee or
22.1 probationer by the sending state. Pending any proceeding
22.2 pursuant to this article, the appropriate officers of this state
22.3 may take custody of and detain the parolee or probationer
22.4 involved for a period not to exceed 12 days prior to the hearing
22.5 and, if it appears to the hearing officer or officers that
22.6 retaking or reincarceration is likely to follow, for such
22.7 reasonable period after the hearing or waiver as may be
22.8 necessary to arrange for the retaking or reincarceration.
22.9 Section B. [HEARING.]
22.10 Any hearing pursuant to this article may be before any
22.11 person authorized pursuant to the laws of this state to hear
22.12 cases of alleged parole or probation violations, except that no
22.13 hearing officer shall be the person making the allegation of
22.14 violation.
22.15 Section C. [PAROLEE AND PROBATIONER HEARING RIGHTS.]
22.16 With respect to any hearing pursuant to this article, the
22.17 parolee or probationer:
22.18 (1) shall have reasonable notice in writing of the nature
22.19 and content of the allegations to be made, including notice that
22.20 its purpose is to determine whether there is probable cause to
22.21 believe that the parolee or probationer has committed a
22.22 violation that may lead to revocation of parole or probation;
22.23 (2) shall be permitted to advise with any person whose
22.24 assistance the parolee or probationer reasonably desires, prior
22.25 to the hearing;
22.26 (3) shall have the right to confront and examine any
22.27 persons who have made allegations against the parolee or
22.28 probationer, unless the hearing officer determines that such
22.29 confrontation would present a substantial present or subsequent
22.30 danger of harm to such person or persons; and
22.31 (4) may admit, deny, or explain the violation alleged and
22.32 may present proof, including affidavits and other evidence, in
22.33 support of the parolee's or probationer's contentions.
22.34 Section D. [RECORD.]
22.35 A record of the proceedings shall be made and preserved.
22.36 Section E. [HEARING; APPROPRIATE JUDICIAL OFFICER.]
23.1 In any case of alleged parole or probation violation by a
23.2 person being supervised in another state pursuant to the
23.3 Interstate Compact for Adult Supervision, any appropriate
23.4 judicial or administrative officer or agency in another state is
23.5 authorized to hold a hearing on the alleged violation. Upon
23.6 receipt of the record of a parole or probation violation hearing
23.7 held in another state pursuant to a statute substantially
23.8 similar to this article, such record shall have the same
23.9 standing and effect as though the proceeding of which it is a
23.10 record was had before the appropriate officer or officers in
23.11 this state, and any recommendations contained in or accompanying
23.12 the record shall be fully considered by the appropriate officer
23.13 or officers of this state in making disposition of the matter.
23.14 Sec. 2. Laws 2002, chapter 268, section 8, is amended to
23.15 read:
23.16 Sec. 8. [EFFECTIVE DATE.]
23.17 (a) Sections 1 to 4 and 6 are effective the day following
23.18 final enactment, or when the 35th state enacts the compact
23.19 described in section 1, whichever occurs later.
23.20 (b) Section 5 is effective August 1, 2002, and applies to
23.21 crimes committed on or after that date.
23.22 (c) Section 7 is effective July 1, 2004 2006.