SF 2688

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to crime prevention and public safety; 
  1.3             adopting a new compact for juveniles and repealing the 
  1.4             existing compact; creating an Advisory Council on 
  1.5             Interstate Juvenile Supervision; requiring the 
  1.6             appointment of a compact administrator; appropriating 
  1.7             money; amending Minnesota Statutes 2002, sections 
  1.8             260.52; 260.53; 260.54; 260.55; proposing coding for 
  1.9             new law in Minnesota Statutes, chapter 260; repealing 
  1.10            Minnesota Statutes 2002, sections 260.51; 260.52; 
  1.11            260.53; 260.54; 260.55.  
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13                             ARTICLE 1
  1.14      NEW INTERSTATE COMPACT FOR JUVENILES; ADVISORY COUNCIL; 
  1.15                COMPACT ADMINISTRATOR; APPROPRIATION 
  1.16     Section 1.  [260.551] [INTERSTATE COMPACT FOR JUVENILES.] 
  1.17                            ARTICLE I 
  1.18                             PURPOSE 
  1.19     The compacting states to this interstate compact recognize 
  1.20  that each state is responsible for the proper supervision or 
  1.21  return of juveniles, delinquents, and status offenders who are 
  1.22  on probation or parole and who have absconded, escaped, or run 
  1.23  away from supervision and control and in so doing have 
  1.24  endangered their own safety and the safety of others.  The 
  1.25  compacting states also recognize that each state is responsible 
  1.26  for the safe return of juveniles who have run away from home and 
  1.27  in doing so have left their state of residence.  The compacting 
  1.28  states also recognize that Congress, by enacting the Crime 
  2.1   Control Act, United States Code, title 4, section 112 (1965), 
  2.2   has authorized and encouraged compacts for cooperative efforts 
  2.3   and mutual assistance in the prevention of crime.  
  2.4      It is the purpose of this compact, through means of joint 
  2.5   and cooperative action among the compacting states to: 
  2.6      (1) ensure that the adjudicated juveniles and status 
  2.7   offenders subject to this compact are provided adequate 
  2.8   supervision and services in the receiving state as ordered by 
  2.9   the adjudicating judge or parole authority in the sending state; 
  2.10     (2) ensure that the public safety interests of the 
  2.11  citizens, including the victims of juvenile offenders, in both 
  2.12  the sending and receiving states are adequately protected; 
  2.13     (3) return juveniles who have run away, absconded, or 
  2.14  escaped from supervision or control or have been accused of an 
  2.15  offense to the state requesting their return; 
  2.16     (4) make contracts for the cooperative institutionalization 
  2.17  in public facilities in member states for delinquent youth 
  2.18  needing special services; 
  2.19     (5) provide for the effective tracking and supervision of 
  2.20  juveniles; 
  2.21     (6) equitably allocate the costs, benefits, and obligations 
  2.22  of the compacting states; 
  2.23     (7) establish procedures to manage the movement between 
  2.24  states of juvenile offenders released to the community under the 
  2.25  jurisdiction of courts, juvenile departments, or any other 
  2.26  criminal or juvenile justice agency which has jurisdiction over 
  2.27  juvenile offenders; 
  2.28     (8) ensure immediate notice to jurisdictions where defined 
  2.29  offenders are authorized to travel or to relocate across state 
  2.30  lines; 
  2.31     (9) establish procedures to resolve pending charges 
  2.32  (detainers) against juvenile offenders prior to transfer or 
  2.33  release to the community under the terms of this compact; 
  2.34     (10) establish a system of uniform data collection on 
  2.35  information pertaining to juveniles subject to this compact that 
  2.36  allows access by authorized juvenile justice and criminal 
  3.1   justice officials, and regular reporting of compact activities 
  3.2   to heads of state executive, judicial, and legislative branches 
  3.3   and juvenile and criminal justice administrators; 
  3.4      (11) monitor compliance with rules governing interstate 
  3.5   movement of juveniles and initiate interventions to address and 
  3.6   correct noncompliance; 
  3.7      (12) coordinate training and education regarding the 
  3.8   regulation of interstate movement of juveniles for officials 
  3.9   involved in such activity; and 
  3.10     (13) coordinate the implementation and operation of the 
  3.11  compact with the Interstate Compact for the Placement of 
  3.12  Children, the Interstate Compact for Adult Offender Supervision, 
  3.13  and other compacts affecting juveniles particularly in those 
  3.14  cases where concurrent or overlapping supervision issues arise.  
  3.15  It is the policy of the compacting states that the activities 
  3.16  conducted by the interstate commission created herein are the 
  3.17  formation of public policies and therefore are public business.  
  3.18  Furthermore, the compacting states shall cooperate and observe 
  3.19  their individual and collective duties and responsibilities for 
  3.20  the prompt return and acceptance of juveniles subject to the 
  3.21  provisions of this compact.  The provisions of this compact 
  3.22  shall be reasonably and liberally construed to accomplish the 
  3.23  purposes and policies of the compact.  
  3.24                            ARTICLE II 
  3.25                           DEFINITIONS 
  3.26     As used in this compact, unless the context clearly 
  3.27  requires a different construction:  
  3.28     (1) "bylaws" means those bylaws established by the 
  3.29  interstate commission for its governance, or for directing or 
  3.30  controlling its actions or conduct; 
  3.31     (2) "compact administrator" means the individual in each 
  3.32  compacting state appointed pursuant to the terms of this 
  3.33  compact, responsible for the administration and management of 
  3.34  the state's supervision and transfer of juveniles subject to the 
  3.35  terms of this compact, the rules adopted by the interstate 
  3.36  commission, and policies adopted by the state council under this 
  4.1   compact; 
  4.2      (3) "compacting state" means any state which has enacted 
  4.3   the enabling legislation for this compact; 
  4.4      (4) "commissioner" means the voting representative of each 
  4.5   compacting state appointed pursuant to article III of this 
  4.6   compact; 
  4.7      (5) "court" means any court having jurisdiction over 
  4.8   delinquent, neglected, or dependent children; 
  4.9      (6) "deputy compact administrator" means the individual, if 
  4.10  any, in each compacting state appointed to act on behalf of a 
  4.11  compact administrator pursuant to the terms of this compact 
  4.12  responsible for the administration and management of the state's 
  4.13  supervision and transfer of juveniles subject to the terms of 
  4.14  this compact, the rules adopted by the interstate commission, 
  4.15  and policies adopted by the state council under this compact; 
  4.16     (7) "interstate commission" means the Interstate Commission 
  4.17  for Juveniles created by article III of this compact; 
  4.18     (8) "juvenile" means any person defined as a juvenile in 
  4.19  any member state or by the rules of the interstate commission, 
  4.20  including: 
  4.21     (i) "accused delinquent" means a person charged with an 
  4.22  offense that, if committed by an adult, would be a criminal 
  4.23  offense; 
  4.24     (ii) "adjudicated delinquent" means a person found to have 
  4.25  committed an offense that, if committed by an adult, would be a 
  4.26  criminal offense; 
  4.27     (iii) "accused status offender" means a person charged with 
  4.28  an offense that would not be a criminal offense if committed by 
  4.29  an adult; 
  4.30     (iv) "adjudicated status offender" means a person found to 
  4.31  have committed an offense that would not be a criminal offense 
  4.32  if committed by an adult; and 
  4.33     (v) "nonoffender" means a person in need of supervision who 
  4.34  has not been accused or adjudicated a status offender or 
  4.35  delinquent; 
  4.36     (9) "noncompacting state" means any state which has not 
  5.1   enacted the enabling legislation for this compact; 
  5.2      (10) "probation or parole" means any kind of supervision or 
  5.3   conditional release of juveniles authorized under the laws of 
  5.4   the compacting states; 
  5.5      (11) "rule" means a written statement by the interstate 
  5.6   commission promulgated pursuant to article VI of this compact 
  5.7   that is of general applicability, implements, interprets, or 
  5.8   prescribes a policy or provision of the compact, or an 
  5.9   organizational, procedural, or practice requirement of the 
  5.10  commission, and has the force and effect of statutory law in a 
  5.11  compacting state, and includes the amendment, repeal, or 
  5.12  suspension of an existing rule; and 
  5.13     (12) "state" means a state of the United States, the 
  5.14  District of Columbia (or its designee), the Commonwealth of 
  5.15  Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and 
  5.16  the Northern Marianas Islands.  
  5.17                           ARTICLE III
  5.18               INTERSTATE COMMISSION FOR JUVENILES
  5.19     (a) The compacting states hereby create the Interstate 
  5.20  Commission for Juveniles.  The commission shall be a body 
  5.21  corporate and joint agency of the compacting states.  The 
  5.22  commission shall have all the responsibilities, powers, and 
  5.23  duties set forth herein, and such additional powers as may be 
  5.24  conferred upon it by subsequent action of the respective 
  5.25  legislatures of the compacting states in accordance with the 
  5.26  terms of this compact.  
  5.27     (b) The interstate commission shall consist of 
  5.28  commissioners appointed by the appropriate appointing authority 
  5.29  in each state pursuant to the rules and requirements of each 
  5.30  compacting state and in consultation with the State Council for 
  5.31  Interstate Juvenile Supervision created hereunder.  The 
  5.32  commissioner shall be the compact administrator, deputy compact 
  5.33  administrator, or designee from that state who shall serve on 
  5.34  the interstate commission in such capacity under or pursuant to 
  5.35  the applicable law of the compacting state.  
  5.36     (c) In addition to the commissioners who are the voting 
  6.1   representatives of each state, the interstate commission shall 
  6.2   include individuals who are not commissioners, but who are 
  6.3   members of interested organizations.  Such noncommissioner 
  6.4   members must include a member of the national organizations of 
  6.5   governors, legislators, state chief justices, attorneys general, 
  6.6   Interstate Compact for Adult Offender Supervision, Interstate 
  6.7   Compact for the Placement of Children, juvenile justice and 
  6.8   juvenile corrections officials, and crime victims.  All 
  6.9   noncommissioner members of the interstate commission shall be ex 
  6.10  officio (nonvoting) members.  The interstate commission may 
  6.11  provide in its bylaws for such additional ex officio (nonvoting) 
  6.12  members, including members of other national organizations, in 
  6.13  such numbers as shall be determined by the commission.  
  6.14     (d) Each compacting state represented at any meeting of the 
  6.15  commission is entitled to one vote.  A majority of the 
  6.16  compacting states shall constitute a quorum for the transaction 
  6.17  of business, unless a larger quorum is required by the bylaws of 
  6.18  the interstate commission.  
  6.19     (e) The commission shall meet at least once each calendar 
  6.20  year.  The chairperson may call additional meetings and, upon 
  6.21  the request of a simple majority of the compacting states, shall 
  6.22  call additional meetings.  Public notice shall be given of all 
  6.23  meetings and meetings shall be open to the public.  
  6.24     (f) The interstate commission shall establish an executive 
  6.25  committee, which shall include commission officers, members, and 
  6.26  others as determined by the bylaws.  The executive committee 
  6.27  shall have the power to act on behalf of the interstate 
  6.28  commission during periods when the interstate commission is not 
  6.29  in session, with the exception of rulemaking and/or amendment to 
  6.30  the compact.  The executive committee shall oversee the 
  6.31  day-to-day activities of the administration of the compact 
  6.32  managed by an executive director and interstate commission 
  6.33  staff; administers enforcement and compliance with the 
  6.34  provisions of the compact, its bylaws and rules; and performs 
  6.35  such other duties as directed by the interstate commission or 
  6.36  set forth in the bylaws.  
  7.1      (g) Each member of the interstate commission shall have the 
  7.2   right and power to cast a vote to which that compacting state is 
  7.3   entitled and to participate in the business and affairs of the 
  7.4   interstate commission.  A member shall vote in person and shall 
  7.5   not delegate a vote to another compacting state.  However, a 
  7.6   commissioner, in consultation with the state council, shall 
  7.7   appoint another authorized representative, in the absence of the 
  7.8   commissioner from that state, to cast a vote on behalf of the 
  7.9   compacting state at a specified meeting.  The bylaws may provide 
  7.10  for members' participation in meetings by telephone or other 
  7.11  means of telecommunication or electronic communication.  
  7.12     (h) The interstate commission's bylaws shall establish 
  7.13  conditions and procedures under which the interstate commission 
  7.14  shall make its information and official records available to the 
  7.15  public for inspection or copying.  The interstate commission may 
  7.16  exempt from disclosure any information or official records to 
  7.17  the extent they would adversely affect personal privacy rights 
  7.18  or proprietary interests.  
  7.19     (i) Public notice shall be given of all meetings and all 
  7.20  meetings shall be open to the public, except as set forth in the 
  7.21  rules or as otherwise provided in the compact.  The interstate 
  7.22  commission and any of its committees may close a meeting to the 
  7.23  public where it determines by two-thirds vote that an open 
  7.24  meeting would be likely to:  
  7.25     (1) relate solely to the interstate commission's internal 
  7.26  personnel practices and procedures; 
  7.27     (2) disclose matters specifically exempted from disclosure 
  7.28  by statute; 
  7.29     (3) disclose trade secrets or commercial or financial 
  7.30  information, which is privileged or confidential; 
  7.31     (4) involve accusing any person of a crime, or formally 
  7.32  censuring any person; 
  7.33     (5) disclose information of a personal nature where 
  7.34  disclosure would constitute a clearly unwarranted invasion of 
  7.35  personal privacy; 
  7.36     (6) disclose investigative records compiled for law 
  8.1   enforcement purposes; 
  8.2      (7) disclose information contained in or related to 
  8.3   examination, operating or condition reports prepared by, or on 
  8.4   behalf of or for the use of, the interstate commission with 
  8.5   respect to a regulated person or entity for the purpose of 
  8.6   regulation or supervision of such person or entity; 
  8.7      (8) disclose information, the premature disclosure of which 
  8.8   would significantly endanger the stability of a regulated person 
  8.9   or entity; or 
  8.10     (9) specifically relate to the interstate commission's 
  8.11  issuance of a subpoena, or its participation in a civil action 
  8.12  or other legal proceeding.  
  8.13     (j) For every meeting closed pursuant to this provision, 
  8.14  the interstate commission's legal counsel shall publicly certify 
  8.15  that, in the legal counsel's opinion, the meeting may be closed 
  8.16  to the public, and shall reference each relevant exemptive 
  8.17  provision.  The interstate commission shall keep minutes, which 
  8.18  shall fully and clearly describe all matters discussed in any 
  8.19  meeting, and shall provide a full and accurate summary of any 
  8.20  actions taken, and the reasons therefore, including a 
  8.21  description of each of the views expressed on any item and the 
  8.22  record of any roll call vote (reflected in the vote of each 
  8.23  member on the question).  All documents considered in connection 
  8.24  with any action shall be identified in such minutes. 
  8.25     (k) The interstate commission shall collect standardized 
  8.26  data concerning the interstate movement of juveniles as directed 
  8.27  through its rules which shall specify the data to be collected, 
  8.28  the means of collection and data exchange, and reporting 
  8.29  requirements.  Such methods of data collection, exchange, and 
  8.30  reporting shall insofar as is reasonably possible conform to 
  8.31  up-to-date technology and coordinate its information functions 
  8.32  with the appropriate repository of records.  
  8.33                            ARTICLE IV 
  8.34          POWERS AND DUTIES OF THE INTERSTATE COMMISSION 
  8.35     The commission shall have the following powers and duties: 
  8.36     (1) to provide for dispute resolution among compacting 
  9.1   states; 
  9.2      (2) to promulgate rules to effect the purposes and 
  9.3   obligations as enumerated in this compact, which shall have the 
  9.4   force and effect of statutory law and shall be binding in the 
  9.5   compacting states to the extent and in the manner provided in 
  9.6   this compact; 
  9.7      (3) to oversee, supervise, and coordinate the interstate 
  9.8   movement of juveniles subject to the terms of this compact and 
  9.9   any bylaws adopted and rules promulgated by the interstate 
  9.10  commission; 
  9.11     (4) to enforce compliance with the compact provisions, the 
  9.12  rules promulgated by the interstate commission, and the bylaws, 
  9.13  using all necessary and proper means, including, but not limited 
  9.14  to, the use of judicial process; 
  9.15     (5) to establish and maintain offices which shall be 
  9.16  located within one or more of the compacting states; 
  9.17     (6) to purchase and maintain insurance and bonds; 
  9.18     (7) to borrow, accept, hire, or contract for services of 
  9.19  personnel; 
  9.20     (8) to establish and appoint committees and hire staff 
  9.21  which it deems necessary for the carrying out of its functions, 
  9.22  including, but not limited to, an executive committee as 
  9.23  required by article III which shall have the power to act on 
  9.24  behalf of the interstate commission in carrying out its powers 
  9.25  and duties hereunder; 
  9.26     (9) to elect or appoint such officers, attorneys, 
  9.27  employees, agents, or consultants, and to fix their 
  9.28  compensation, define their duties, and determine their 
  9.29  qualifications; and to establish the interstate commission's 
  9.30  personnel policies and programs relating to, inter alia, 
  9.31  conflicts of interest, rates of compensation, and qualifications 
  9.32  of personnel; 
  9.33     (10) to accept any and all donations and grants of money, 
  9.34  equipment, supplies, materials, and services, and to receive, 
  9.35  utilize, and dispose of it; 
  9.36     (11) to lease, purchase, accept contributions or donations 
 10.1   of, or otherwise to own, hold, improve, or use any property, 
 10.2   real, personal, or mixed; 
 10.3      (12) to sell, convey, mortgage, pledge, lease, exchange, 
 10.4   abandon, or otherwise dispose of any property, real, personal, 
 10.5   or mixed; 
 10.6      (13) to establish a budget and make expenditures and levy 
 10.7   dues as provided in article VIII of this compact; 
 10.8      (14) to sue and be sued; 
 10.9      (15) to adopt a seal and bylaws governing the management 
 10.10  and operation of the interstate commission; 
 10.11     (16) to perform such functions as may be necessary or 
 10.12  appropriate to achieve the purposes of this compact; 
 10.13     (17) to report annually to the legislatures, governors, 
 10.14  judiciary, and state councils of the compacting states 
 10.15  concerning the activities of the interstate commission during 
 10.16  the preceding year.  Such reports shall also include any 
 10.17  recommendations that may have been adopted by the interstate 
 10.18  commission; 
 10.19     (18) to coordinate education, training, and public 
 10.20  awareness regarding the interstate movement of juveniles for 
 10.21  officials involved in such activity; 
 10.22     (19) to establish uniform standards of the reporting, 
 10.23  collecting, and exchanging of data; and 
 10.24     (20) to maintain its corporate books and records in 
 10.25  accordance with the bylaws.  
 10.26                            ARTICLE V 
 10.27     ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 
 10.28     Section A.  [BYLAWS.] 
 10.29     The interstate commission shall, by a majority of the 
 10.30  members present and voting, within 12 months after the first 
 10.31  interstate commission meeting, adopt bylaws to govern its 
 10.32  conduct as may be necessary or appropriate to carry out the 
 10.33  purposes of the compact, including, but not limited to:  
 10.34     (1) establishing the fiscal year of the interstate 
 10.35  commission; 
 10.36     (2) establishing an executive committee and such other 
 11.1   committees as may be necessary; 
 11.2      (3) providing for the establishment of committees governing 
 11.3   any general or specific delegation of any authority or function 
 11.4   of the interstate commission; 
 11.5      (4) providing reasonable procedures for calling and 
 11.6   conducting meetings of the interstate commission, and ensuring 
 11.7   reasonable notice of each such meeting; 
 11.8      (5) establishing the titles and responsibilities of the 
 11.9   officers of the interstate commission; 
 11.10     (6) providing a mechanism for concluding the operations of 
 11.11  the interstate commission and the return of any surplus funds 
 11.12  that may exist upon the termination of the compact after the 
 11.13  payment and/or reserving of all of its debts and obligations; 
 11.14     (7) providing "start up" rules for initial administration 
 11.15  of the compact; and 
 11.16     (8) establishing standards and procedures for compliance 
 11.17  and technical assistance in carrying out the compact.  
 11.18     Section B.  [OFFICERS AND STAFF.] 
 11.19     The interstate commission shall, by a majority of the 
 11.20  members, elect annually from among its members a chairperson and 
 11.21  a vice chairperson, each of whom shall have such authority and 
 11.22  duties as may be specified in the bylaws.  The chairperson or, 
 11.23  in the chairperson's absence or disability, the vice chairperson 
 11.24  shall preside at all meetings of the interstate commission.  The 
 11.25  officers so elected shall serve without compensation or 
 11.26  remuneration from the interstate commission; provided that, 
 11.27  subject to the availability of budgeted funds, the officers 
 11.28  shall be reimbursed for any ordinary and necessary costs and 
 11.29  expenses incurred by them in the performance of their duties and 
 11.30  responsibilities as officers of the interstate commission.  
 11.31     The interstate commission shall, through its executive 
 11.32  committee, appoint or retain an executive director for such 
 11.33  period, upon such terms and conditions and for such compensation 
 11.34  as the interstate commission may deem appropriate.  The 
 11.35  executive director shall serve as secretary to the interstate 
 11.36  commission, but shall not be a member and shall hire and 
 12.1   supervise such other staff as may be authorized by the 
 12.2   interstate commission.  
 12.3      Section C.  [QUALIFIED IMMUNITY, DEFENSE AND 
 12.4   INDEMNIFICATION.] 
 12.5      The commission's executive director and employees shall be 
 12.6   immune from suit and liability, either personally or in their 
 12.7   official capacity, for any claim for damage to or loss of 
 12.8   property or personal injury or other civil liability caused or 
 12.9   arising out of or relating to any actual or alleged act, error, 
 12.10  or omission that occurred, or that such person had a reasonable 
 12.11  basis for believing occurred within the scope of commission 
 12.12  employment, duties, or responsibilities; provided, that any such 
 12.13  person shall not be protected from suit or liability for any 
 12.14  damage, loss, injury, or liability caused by the intentional or 
 12.15  willful and wanton misconduct of any such person.  
 12.16     The liability of any commissioner, or the employee or agent 
 12.17  of a commissioner, acting within the scope of such person's 
 12.18  employment or duties for acts, errors, or omissions occurring 
 12.19  within such person's state may not exceed the limits of 
 12.20  liability set forth under the Constitution and laws of that 
 12.21  state for state officials, employees, and agents.  Nothing in 
 12.22  this paragraph shall be construed to protect any such person 
 12.23  from suit or liability for any damage, loss, injury, or 
 12.24  liability caused by the intentional or willful and wanton 
 12.25  misconduct of any such person.  
 12.26     The interstate commission shall defend the executive 
 12.27  director or the employees or representatives of the interstate 
 12.28  commission and, subject to the approval of the attorney general 
 12.29  of the state represented by any commissioner of a compacting 
 12.30  state, shall defend such commissioner or the commissioner's 
 12.31  representatives or employees in any civil action seeking to 
 12.32  impose liability arising out of any actual or alleged act, 
 12.33  error, or omission that occurred within the scope of interstate 
 12.34  commission employment, duties, or responsibilities, or that the 
 12.35  defendant had a reasonable basis for believing occurred within 
 12.36  the scope of interstate commission employment, duties, or 
 13.1   responsibilities, provided that the actual or alleged act, 
 13.2   error, or omission did not result from intentional or willful 
 13.3   and wanton misconduct on the part of such person.  
 13.4      The interstate commission shall indemnify and hold the 
 13.5   commissioner of a compacting state, or the commissioner's 
 13.6   representatives or employees, or the interstate commission's 
 13.7   representative or employees, harmless in the amount of any 
 13.8   settlement or judgment obtained against such persons arising out 
 13.9   of any actual or alleged act, error, or omission that occurred 
 13.10  within the scope of interstate commission employment, duties, or 
 13.11  responsibilities, or that such persons had a reasonable basis 
 13.12  for believing occurred within the scope of interstate commission 
 13.13  employment, duties, or responsibilities, provided that the 
 13.14  actual or alleged act, error, or omission did not result from 
 13.15  intentional or willful and wanton misconduct on the part of such 
 13.16  persons.  
 13.17                            ARTICLE VI 
 13.18        RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 
 13.19     The interstate commission shall promulgate and publish 
 13.20  rules in order to effectively and efficiently achieve the 
 13.21  purposes of the compact.  
 13.22     Rulemaking shall occur pursuant to the criteria set forth 
 13.23  in this article and the bylaws and rules adopted pursuant 
 13.24  thereto.  Such rulemaking shall substantially conform to the 
 13.25  principles of the "Model State Administrative Procedures Act," 
 13.26  1981 Act, Uniform Laws Annotated, vol. 15, p.1 (2000), or such 
 13.27  other administrative procedures act, as the interstate 
 13.28  commission deems appropriate consistent with due process 
 13.29  requirements under the U.S. Constitution as now or hereafter 
 13.30  interpreted by the U.S. Supreme Court.  All rules and amendments 
 13.31  shall become binding as of the date specified, as published with 
 13.32  the final version of the rule as approved by the commission.  
 13.33     When promulgating a rule, the interstate commission shall, 
 13.34  at a minimum: 
 13.35     (1) publish the proposed rule's entire text stating the 
 13.36  reason(s) for that proposed rule; 
 14.1      (2) allow and invite any and all persons to submit written 
 14.2   data, facts, opinions, and arguments, which information shall be 
 14.3   added to the record, and be made publicly available; 
 14.4      (3) provide an opportunity for an informal hearing if 
 14.5   petitioned by ten or more persons; and 
 14.6      (4) promulgate a final rule and its effective date, if 
 14.7   appropriate, based on input from state or local officials, or 
 14.8   interested parties.  
 14.9      The commission shall allow, not later than 60 days after a 
 14.10  rule is promulgated, any interested person to file a petition in 
 14.11  the United States District Court for the District of Columbia or 
 14.12  in the federal district court where the interstate commission's 
 14.13  principal office is located for judicial review of such rule.  
 14.14  If the court finds that the interstate commission's action is 
 14.15  not supported by substantial evidence in the rulemaking record, 
 14.16  the court shall hold the rule unlawful and set it aside.  For 
 14.17  purposes of this paragraph, evidence is substantial if it would 
 14.18  be considered substantial evidence under the Model State 
 14.19  Administrative Procedures Act.  
 14.20     If a majority of the legislatures of the compacting states 
 14.21  rejects a rule, those states may, by enactment of a statute or 
 14.22  resolution in the same manner used to adopt the compact, cause 
 14.23  that such rule shall have no further force and effect in any 
 14.24  compacting state.  
 14.25     The existing rules governing the operation of the 
 14.26  Interstate Compact on Juveniles superseded by this act shall be 
 14.27  null and void 12 months after the first meeting of the 
 14.28  interstate commission created hereunder.  
 14.29     Upon determination by the interstate commission that a 
 14.30  state of emergency exists, it may promulgate an emergency rule 
 14.31  which shall become effective immediately upon adoption, provided 
 14.32  that the usual rulemaking procedures provided hereunder shall be 
 14.33  retroactively applied to said rule as soon as reasonably 
 14.34  possible, but no later than 90 days after the effective date of 
 14.35  the emergency rule.  
 14.36                           ARTICLE VII 
 15.1           OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION 
 15.2                    BY THE INTERSTATE COMMISSION 
 15.3      Section A.  [OVERSIGHT.] 
 15.4      The interstate commission shall oversee the administration 
 15.5   and operations of the interstate movement of juveniles subject 
 15.6   to this compact in the compacting states and shall monitor such 
 15.7   activities being administered in noncompacting states which may 
 15.8   significantly affect compacting states.  
 15.9      The courts and executive agencies in each compacting state 
 15.10  shall enforce this compact and shall take all actions necessary 
 15.11  and appropriate to effectuate the compact's purposes and 
 15.12  intent.  The provisions of this compact and the rules 
 15.13  promulgated hereunder shall be received by all the judges, 
 15.14  public officers, commissions, and departments of the state 
 15.15  government as evidence of the authorized statute and 
 15.16  administrative rules.  All courts shall take judicial notice of 
 15.17  the compact and the rules.  In any judicial or administrative 
 15.18  proceeding in a compacting state pertaining to the subject 
 15.19  matter of this compact which may affect the powers, 
 15.20  responsibilities, or actions of the interstate commission, the 
 15.21  commission shall be entitled to receive all service of process 
 15.22  in any such proceeding, and shall have standing to intervene in 
 15.23  the proceeding for all purposes.  
 15.24     Section B.  [DISPUTE RESOLUTION.] 
 15.25     The compacting states shall report to the interstate 
 15.26  commission on all issues and activities necessary for the 
 15.27  administration of the compact as well as issues and activities 
 15.28  pertaining to compliance with the provisions of the compact and 
 15.29  its bylaws and rules.  
 15.30     The interstate commission shall attempt, upon the request 
 15.31  of a compacting state, to resolve any disputes or other issues 
 15.32  which are subject to the compact and which may arise among 
 15.33  compacting states and between compacting and noncompacting 
 15.34  states.  The commission shall promulgate a rule providing for 
 15.35  both mediation and binding dispute resolution for disputes among 
 15.36  the compacting states.  
 16.1      The interstate commission, in the reasonable exercise of 
 16.2   its discretion, shall enforce the provisions and rules of this 
 16.3   compact using any or all means set forth in article XI of this 
 16.4   compact.  
 16.5                            ARTICLE VIII 
 16.6                              FINANCE 
 16.7      The interstate commission shall pay or provide for the 
 16.8   payment of the reasonable expenses of its establishment, 
 16.9   organization, and ongoing activities.  
 16.10     The interstate commission shall levy on and collect an 
 16.11  annual assessment from each compacting state to cover the cost 
 16.12  of the internal operations and activities of the interstate 
 16.13  commission and its staff which must be in a total amount 
 16.14  sufficient to cover the interstate commission's annual budget as 
 16.15  approved each year.  The aggregate annual assessment amount 
 16.16  shall be allocated based upon a formula to be determined by the 
 16.17  interstate commission, taking into consideration the population 
 16.18  of each compacting state and the volume of interstate movement 
 16.19  of juveniles in each compacting state and shall promulgate a 
 16.20  rule binding upon all compacting states which governs said 
 16.21  assessment.  
 16.22     The interstate commission shall not incur any obligations 
 16.23  of any kind prior to securing the funds adequate to meet the 
 16.24  same; nor shall the interstate commission pledge the credit of 
 16.25  any of the compacting states, except by and with the authority 
 16.26  of the compacting state.  
 16.27     The interstate commission shall keep accurate accounts of 
 16.28  all receipts and disbursements.  The receipts and disbursements 
 16.29  of the interstate commission shall be subject to the audit and 
 16.30  accounting procedures established under its bylaws.  However, 
 16.31  all receipts and disbursements of funds handled by the 
 16.32  interstate commission shall be audited yearly by a certified or 
 16.33  licensed public accountant and the report of the audit shall be 
 16.34  included in and become part of the annual report of the 
 16.35  interstate commission.  
 16.36                            ARTICLE IX 
 17.1                         THE STATE COUNCIL 
 17.2      Each member state shall create a state council for 
 17.3   interstate juvenile supervision.  While each state may determine 
 17.4   the membership of its own state council, its membership must 
 17.5   include at least one representative from the legislative, 
 17.6   judicial, and executive branches of government, victims groups, 
 17.7   and the compact administrator, deputy compact administrator, or 
 17.8   designee.  Each compacting state retains the right to determine 
 17.9   the qualifications of the compact administrator or deputy 
 17.10  compact administrator.  Each state council will advise and may 
 17.11  exercise oversight and advocacy concerning that state's 
 17.12  participation in interstate commission activities and other 
 17.13  duties as may be determined by that state, including, but not 
 17.14  limited to, development of policy concerning operations and 
 17.15  procedures of the compact within that state.  
 17.16                            ARTICLE X 
 17.17         COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT 
 17.18     Any state, the District of Columbia (or its designee), the 
 17.19  Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, 
 17.20  American Samoa, and the Northern Marianas Islands as defined in 
 17.21  article II of this compact is eligible to become a compacting 
 17.22  state.  
 17.23     The compact shall become effective and binding upon 
 17.24  legislative enactment of the compact into law by no less than 35 
 17.25  of the states.  The initial effective date shall be the later of 
 17.26  July 1, 2004, or upon enactment into law by the 35th 
 17.27  jurisdiction.  Thereafter, it shall become effective and binding 
 17.28  as to any other compacting state upon enactment of the compact 
 17.29  into law by that state.  The governors of nonmember states or 
 17.30  their designees shall be invited to participate in the 
 17.31  activities of the interstate commission on a nonvoting basis 
 17.32  prior to adoption of the compact by all states and territories 
 17.33  of the United States.  
 17.34     The interstate commission may propose amendments to the 
 17.35  compact for enactment by the compacting states.  No amendment 
 17.36  shall become effective and binding upon the interstate 
 18.1   commission and the compacting states unless and until it is 
 18.2   enacted into law by unanimous consent of the compacting states.  
 18.3                             ARTICLE XI 
 18.4               WITHDRAWAL, DEFAULT, TERMINATION, AND 
 18.5                        JUDICIAL ENFORCEMENT 
 18.6      Section A.  [WITHDRAWAL.] 
 18.7      Once effective, the compact shall continue in force and 
 18.8   remain binding upon each and every compacting state, provided 
 18.9   that a compacting state may withdraw from the compact by 
 18.10  specifically repealing the statute which enacted the compact 
 18.11  into law.  
 18.12     The effective date of withdrawal is the effective date of 
 18.13  the repeal.  
 18.14     The withdrawing state shall immediately notify the 
 18.15  chairperson of the interstate commission in writing upon the 
 18.16  introduction of legislation repealing this compact in the 
 18.17  withdrawing state.  The interstate commission shall notify the 
 18.18  other compacting states of the withdrawing state's intent to 
 18.19  withdraw within 60 days of its receipt thereof.  
 18.20     The withdrawing state is responsible for all assessments, 
 18.21  obligations, and liabilities incurred through the effective date 
 18.22  of withdrawal, including any obligations, the performance of 
 18.23  which extend beyond the effective date of withdrawal.  
 18.24     Reinstatement following withdrawal of any compacting state 
 18.25  shall occur upon the withdrawing state reenacting the compact or 
 18.26  upon such later date as determined by the interstate commission. 
 18.27     Section B.  [TECHNICAL ASSISTANCE, FINES, SUSPENSION, 
 18.28  TERMINATION, AND DEFAULT.] 
 18.29     If the interstate commission determines that any compacting 
 18.30  state has at any time defaulted in the performance of any of its 
 18.31  obligations or responsibilities under this compact, or the 
 18.32  bylaws or duly promulgated rules, the interstate commission may 
 18.33  impose any or all of the following penalties:  
 18.34     (1) remedial training and technical assistance as directed 
 18.35  by the interstate commission; 
 18.36     (2) alternative dispute resolution; 
 19.1      (3) fines, fees, and costs in such amounts as are deemed to 
 19.2   be reasonable as fixed by the interstate commission; and 
 19.3      (4) suspension or termination of membership in the compact, 
 19.4   which shall be imposed only after all other reasonable means of 
 19.5   securing compliance under the bylaws and rules have been 
 19.6   exhausted and the interstate commission has therefore determined 
 19.7   that the offending state is in default.  Immediate notice of 
 19.8   suspension shall be given by the interstate commission to the 
 19.9   governor, the chief justice or the chief judicial officer of the 
 19.10  state, the majority and minority leaders of the defaulting 
 19.11  state's legislature, and the state council.  The grounds for 
 19.12  default include, but are not limited to, failure of a compacting 
 19.13  state to perform such obligations or responsibilities imposed 
 19.14  upon it by this compact, the bylaws, or duly promulgated rules 
 19.15  and any other grounds designated in commission bylaws and 
 19.16  rules.  The interstate commission shall immediately notify the 
 19.17  defaulting state in writing of the penalty imposed by the 
 19.18  interstate commission and of the default pending a cure of the 
 19.19  default.  The commission shall stipulate the conditions and the 
 19.20  time period within which the defaulting state must cure its 
 19.21  default.  If the defaulting state fails to cure the default 
 19.22  within the time period specified by the commission, the 
 19.23  defaulting state shall be terminated from the compact upon an 
 19.24  affirmative vote of a majority of the compacting states and all 
 19.25  rights, privileges, and benefits conferred by this compact shall 
 19.26  be terminated from the effective date of termination.  
 19.27     Within 60 days of the effective date of termination of a 
 19.28  defaulting state, the commission shall notify the governor, the 
 19.29  chief justice or chief judicial officer, the majority and 
 19.30  minority leaders of the defaulting state's legislature, and the 
 19.31  state council of such termination.  
 19.32     The defaulting state is responsible for all assessments, 
 19.33  obligations, and liabilities incurred through the effective date 
 19.34  of termination, including any obligations, the performance of 
 19.35  which extends beyond the effective date of termination.  
 19.36     The interstate commission shall not bear any costs relating 
 20.1   to the defaulting state unless otherwise mutually agreed upon in 
 20.2   writing between the interstate commission and the defaulting 
 20.3   state.  
 20.4      Reinstatement following termination of any compacting state 
 20.5   requires both a reenactment of the compact by the defaulting 
 20.6   state and the approval of the interstate commission pursuant to 
 20.7   the rules.  
 20.8      Section C.  [JUDICIAL ENFORCEMENT.] 
 20.9      The interstate commission may, by majority vote of the 
 20.10  members, initiate legal action in the United States District 
 20.11  Court for the District of Columbia or, at the discretion of the 
 20.12  interstate commission, in the federal district where the 
 20.13  interstate commission has its offices, to enforce compliance 
 20.14  with the provisions of the compact, its duly promulgated rules 
 20.15  and bylaws, against any compacting state in default.  In the 
 20.16  event judicial enforcement is necessary, the prevailing party 
 20.17  shall be awarded all costs of such litigation, including 
 20.18  reasonable attorney fees.  
 20.19     Section D.  [DISSOLUTION OF COMPACT.] 
 20.20     The compact dissolves effective upon the date of the 
 20.21  withdrawal or default of the compacting state, which reduces 
 20.22  membership in the compact to one compacting state.  
 20.23     Upon the dissolution of this compact, the compact becomes 
 20.24  null and void and shall be of no further force or effect, and 
 20.25  the business and affairs of the interstate commission shall be 
 20.26  concluded and any surplus funds shall be distributed in 
 20.27  accordance with the bylaws.  
 20.28                           ARTICLE XII 
 20.29                  SEVERABILITY AND CONSTRUCTION 
 20.30     The provisions of this compact shall be severable, and if 
 20.31  any phrase, clause, sentence, or provision is deemed 
 20.32  unenforceable, the remaining provisions of the compact shall be 
 20.33  enforceable.  
 20.34     The provisions of this compact shall be liberally construed 
 20.35  to effectuate its purposes.  
 20.36                           ARTICLE XIII 
 21.1              BINDING EFFECT OF COMPACT AND OTHER LAWS 
 21.2      Section A.  [OTHER LAWS.] 
 21.3      Nothing herein prevents the enforcement of any other law of 
 21.4   a compacting state that is not inconsistent with this compact.  
 21.5      All compacting states' laws other than state constitutions 
 21.6   and other interstate compacts conflicting with this compact are 
 21.7   superseded to the extent of the conflict.  
 21.8      Section B.  [BINDING EFFECT OF THE COMPACT.] 
 21.9      All lawful actions of the interstate commission, including 
 21.10  all rules and bylaws promulgated by the interstate commission, 
 21.11  are binding upon the compacting states.  
 21.12     All agreements between the interstate commission and the 
 21.13  compacting states are binding in accordance with their terms.  
 21.14     Upon the request of a party to a conflict over meaning or 
 21.15  interpretation of interstate commission actions, and upon a 
 21.16  majority vote of the compacting states, the interstate 
 21.17  commission may issue advisory opinions regarding such meaning or 
 21.18  interpretation.  
 21.19     In the event any provision of this compact exceeds the 
 21.20  constitutional limits imposed on the legislature of any 
 21.21  compacting state, the obligations, duties, powers, or 
 21.22  jurisdiction sought to be conferred by such provision upon the 
 21.23  interstate commission shall be ineffective and such obligations, 
 21.24  duties, powers, or jurisdiction shall remain in the compacting 
 21.25  state and shall be exercised by the agency thereof to which such 
 21.26  obligations, duties, powers, or jurisdiction are delegated by 
 21.27  law in effect at the time this compact becomes effective. 
 21.28     Sec. 2.  [260.5515] [DEFINITIONS.] 
 21.29     As used in sections 260.552 to 260.553, "compact" means the 
 21.30  Interstate Compact for Juveniles contained in section 260.551.  
 21.31     Sec. 3.  [260.552] [ADVISORY COUNCIL ON INTERSTATE JUVENILE 
 21.32  SUPERVISION.] 
 21.33     Subdivision 1.  [MEMBERSHIP.] The Advisory Council on 
 21.34  Interstate Juvenile Supervision consists of the following 
 21.35  individuals or their designees: 
 21.36     (1) the governor; 
 22.1      (2) the chief justice of the Supreme Court; 
 22.2      (3) two senators, one from the majority and the other from 
 22.3   the minority party, selected by the Subcommittee on Committees 
 22.4   of the senate Committee on Rules and Administration; 
 22.5      (4) two representatives, one from the majority and the 
 22.6   other from the minority party, selected by the house speaker; 
 22.7      (5) the compact administrator, selected as provided in 
 22.8   section 260.553; and 
 22.9      (6) the executive director of the Crime Victims Services 
 22.10  Center. 
 22.11     The council may elect a chair from among its members. 
 22.12     Subd. 2.  [DUTIES.] The council shall oversee and 
 22.13  administer the state's participation in the compact described in 
 22.14  section 260.551.  The council shall appoint the compact 
 22.15  administrator as the state's commissioner.  In addition to these 
 22.16  duties, the council shall develop a model policy concerning the 
 22.17  operations and procedures of the compact within the state. 
 22.18     Subd. 3.  [ANNUAL REPORT.] By January 15 of each year, the 
 22.19  council shall report to the governor and the legislature on its 
 22.20  activities and the activities of the interstate commission and 
 22.21  executive committee as described in section 260.551 for the 
 22.22  preceding year.  The report also must include an assessment of 
 22.23  how the interstate compact is functioning both within and 
 22.24  without the state. 
 22.25     Subd. 4.  [EXPIRATION; EXPENSES.] The provisions of section 
 22.26  15.059 apply to the council except that it does not expire.  
 22.27     Sec. 4.  [260.553] [INTERSTATE JUVENILE COMPACT 
 22.28  ADMINISTRATOR.] 
 22.29     (a) The commissioner of corrections or the commissioner's 
 22.30  designee shall serve as the compact administrator. 
 22.31     (b) In addition to fulfilling the duties of compact 
 22.32  administrator as described in the compact and under the rules 
 22.33  and bylaws adopted to it, the compact administrator shall serve 
 22.34  on the Advisory Council on Interstate Juvenile Supervision 
 22.35  described in section 260.552.  The compact administrator shall 
 22.36  cooperate with the council and report to it regularly on all 
 23.1   aspects of the state's participation in the compact. 
 23.2      (c) The compact administrator shall assess and collect 
 23.3   fines, fees, and costs from any state or local entity deemed 
 23.4   responsible by the compact administrator for a default as 
 23.5   determined by the interstate commission under section 260.551, 
 23.6   article XI, section B. 
 23.7      Sec. 5.  [260.554] [APPLICATION OF INTERSTATE COMPACT.] 
 23.8      The Interstate Compact for Juveniles under section 260.551 
 23.9   applies in all juvenile supervision proceedings where the first 
 23.10  meeting of the interstate commission created under section 
 23.11  260.551 has occurred and the other states involved in juvenile 
 23.12  supervision have adopted a similar compact.  In all other cases, 
 23.13  the Interstate Juvenile Compact under section 260.51 applies. 
 23.14     Sec. 6.  [APPROPRIATION.] 
 23.15     $....... is appropriated for the fiscal year ending June 
 23.16  30, 2005, from the general fund to the commissioner of 
 23.17  corrections for obligations arising out of the state's entry 
 23.18  into the interstate compact described in Minnesota Statutes, 
 23.19  section 260.551.  
 23.20     Sec. 7.  [REPEALER.] 
 23.21     Section 5 is repealed.  
 23.22     Sec. 8.  [EFFECTIVE DATE.] 
 23.23     (a) Sections 1 to 5 are effective July 1, 2004, or when the 
 23.24  35th state enacts the compact described in section 1, whichever 
 23.25  occurs later.  
 23.26     (b) Section 7 is effective July 1, 2007.  
 23.27                             ARTICLE 2 
 23.28                         CONFORMING CHANGES 
 23.29     Section 1.  Minnesota Statutes 2002, section 260.52, is 
 23.30  amended to read: 
 23.31     260.52 [DEFINITIONS.] 
 23.32     As used in the Interstate Compact on Juveniles contained in 
 23.33  section 260.51, the following words and phrases have the 
 23.34  following meanings as to this state: 
 23.35     (1) "Executive authority" means the compact administrator.  
 23.36     (2) The "appropriate court" of this state to issue a 
 24.1   requisition under Article IV of the compact is the juvenile 
 24.2   court of the county of the petitioner's residence, or, if the 
 24.3   petitioner is a child welfare agency, the juvenile court of the 
 24.4   county where it has its principal office, or, if the petitioner 
 24.5   is the state Department of Human Services, any juvenile court in 
 24.6   the state.  
 24.7      (3) The "appropriate court" of this state to receive a 
 24.8   requisition under Article IV or V of the compact is the juvenile 
 24.9   court of the county where the juvenile is located.  
 24.10     Sec. 2.  Minnesota Statutes 2002, section 260.53, is 
 24.11  amended to read: 
 24.12     260.53 [COMPACT ADMINISTRATOR.] 
 24.13     (1) Pursuant to the Interstate Compact on 
 24.14  Juveniles contained in section 260.51, the governor is 
 24.15  authorized to designate the commissioner of corrections to be 
 24.16  the compact administrator, who, acting jointly with like 
 24.17  officers of other party states, shall promulgate rules to carry 
 24.18  out more effectively the terms of the compact.  The compact 
 24.19  administrator shall serve subject to the pleasure of the 
 24.20  governor.  The compact administrator is authorized to cooperate 
 24.21  with all departments, agencies and officers of and in the 
 24.22  government of this state and its political subdivisions in 
 24.23  facilitating the proper administration of the compact or of any 
 24.24  supplementary agreement entered into by this state thereunder.  
 24.25     (2) The compact administrator shall determine for this 
 24.26  state whether to receive juvenile probationers and parolees of 
 24.27  other states pursuant to Article VII of the Interstate Compact 
 24.28  on Juveniles and shall arrange for the supervision of each such 
 24.29  probationer or parolee so received, either by the commissioner 
 24.30  of corrections or by a person appointed to perform supervision 
 24.31  service for the juvenile court of the county where the juvenile 
 24.32  is to reside, whichever is more convenient.  Such persons shall 
 24.33  in all such cases make periodic reports to the compact 
 24.34  administrator regarding the conduct and progress of such 
 24.35  juveniles.  
 24.36     Sec. 3.  Minnesota Statutes 2002, section 260.54, is 
 25.1   amended to read: 
 25.2      260.54 [SUPPLEMENTARY AGREEMENTS.] 
 25.3      The compact administrator described in section 260.53 is 
 25.4   authorized to enter into supplementary agreements with 
 25.5   appropriate officials of other states pursuant to Article X of 
 25.6   the Interstate Compact on Juveniles contained in section 
 25.7   260.51.  In the event that such supplementary agreement requires 
 25.8   or contemplates the use of any institution or facility of this 
 25.9   state or the provision of any service by this state, said 
 25.10  supplementary agreement shall have no effect until approved by 
 25.11  the department or agency under whose jurisdiction the 
 25.12  institution or facility is operated or which shall be charged 
 25.13  with the rendering of such service.  
 25.14     Sec. 4.  Minnesota Statutes 2002, section 260.55, is 
 25.15  amended to read: 
 25.16     260.55 [EXPENSE OF RETURNING JUVENILES TO STATE, PAYMENT.] 
 25.17     The expense of returning juveniles to this state pursuant 
 25.18  to the Interstate Compact on Juveniles contained in section 
 25.19  260.51 shall be paid as follows: 
 25.20     (1) In the case of a runaway under Article IV, the court 
 25.21  making the requisition shall inquire summarily regarding the 
 25.22  financial ability of the petitioner to bear the expense and if 
 25.23  it finds the petitioner is able to do so, shall order that the 
 25.24  petitioner pay all such expenses; otherwise the court shall 
 25.25  arrange for the transportation at the expense of the county and 
 25.26  order that the county reimburse the person, if any, who returns 
 25.27  the juvenile, for actual and necessary expenses; and the court 
 25.28  may order that the petitioner reimburse the county for so much 
 25.29  of said expense as the court finds the petitioner is able to 
 25.30  pay.  If the petitioner fails, without good cause, or refuses to 
 25.31  pay such sum, the petitioner may be proceeded against for 
 25.32  contempt.  
 25.33     (2) In the case of an escapee or absconder under Article V 
 25.34  or Article VI, if the juvenile is in the legal custody of the 
 25.35  commissioner of corrections the commissioner shall bear the 
 25.36  expense of the juvenile's return; otherwise the appropriate 
 26.1   court shall, on petition of the person or agency entitled to the 
 26.2   juvenile's custody or charged with the juvenile's supervision, 
 26.3   arrange for the transportation at the expense of the county and 
 26.4   order that the county reimburse the person, if any, who returns 
 26.5   the juvenile, for actual and necessary expenses.  In this 
 26.6   subsection "appropriate court" means the juvenile court which 
 26.7   adjudged the juvenile to be delinquent or, if the juvenile is 
 26.8   under supervision for another state under Article VII of the 
 26.9   compact, then the juvenile court of the county of the juvenile's 
 26.10  residence during such supervision.  
 26.11     (3) In the case of a voluntary return of a runaway without 
 26.12  requisition under Article VI, the person entitled to the 
 26.13  juvenile's legal custody shall pay the expense of transportation 
 26.14  and the actual and necessary expenses of the person, if any, who 
 26.15  returns such juvenile; but if financially unable to pay all the 
 26.16  expenses the person may petition the juvenile court of the 
 26.17  county of the petitioner's residence for an order arranging for 
 26.18  the transportation as provided in paragraph (1).  The court 
 26.19  shall inquire summarily into the financial ability of the 
 26.20  petitioner and, if it finds the petitioner is unable to bear any 
 26.21  or all of the expense, the court shall arrange for such 
 26.22  transportation at the expense of the county and shall order the 
 26.23  county to reimburse the person, if any, who returns the 
 26.24  juvenile, for actual and necessary expenses.  The court may 
 26.25  order that the petitioner reimburse the county for so much of 
 26.26  said expense as the court finds the petitioner is able to pay.  
 26.27  A petitioner who fails, without good cause, or refuses to pay 
 26.28  such sum may be proceeded against for contempt.  
 26.29     Sec. 5.  [REPEALER.] 
 26.30     Minnesota Statutes 2002, sections 260.51; 260.52; 260.53; 
 26.31  260.54; and 260.55, are repealed.  
 26.32     Sec. 6.  [EFFECTIVE DATES.] 
 26.33     (a) Sections 1 to 4 are effective the day following final 
 26.34  enactment.  
 26.35     (b) Section 5 is effective July 1, 2007.