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HF 2651

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

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. 
  1.12     Section 1.  Minnesota Statutes 2002, section 243.1605, is 
  1.13  amended to read: 
  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
  6.22     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
  8.11     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. 
  9.31  COMMISSION.] 
  9.32     The Interstate Commission shall maintain its corporate 
  9.33  books and records in accordance with the bylaws. 
  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
 11.3      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
 13.22     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
 15.14                    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
 17.17     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
 17.36     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
 20.31     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
 21.23     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. 
 22.16     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. 
 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.