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HF 3308

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/10/2022
1st Engrossment Posted on 03/10/2022

Current Version - 1st Engrossment

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A bill for an act
relating to corrections; combining Advisory Council on Interstate Adult Supervision
with Interstate Commission for Juveniles; amending Minnesota Statutes 2020,
sections 243.1606; 260.515.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 243.1606, is amended to read:


243.1606 ADVISORY COUNCIL ON INTERSTATE ADULT OFFENDER
SUPERVISION.

Subdivision 1.

Membership.

The Advisory Council on Interstate Adult Offender
Supervision deleted text begin consistsdeleted text end new text begin shall be combined with the State Advisory Council for the Interstate
Compact for Juveniles established by section 260.515 and consist
new text end of the following individuals
or their designees:

(1) the governor;

(2) the chief justice of the supreme court;

(3) two senators, one from the majority and the other from the minority party, selected
by the Subcommittee on Committees of the senate Committee on Rules and Administration;

(4) two representatives, one from the majority and the other from the minority party,
selected by the house speaker;

(5) the compact administrator, selected as provided in section 243.1607;

new text begin (6) a representative from the Department of Human Services regarding the Interstate
Compact for the Placement of Children;
new text end

deleted text begin (6)deleted text end new text begin (7)new text end the executive director of the Office of Justice Programs in the Department of
Public Safety; deleted text begin and
deleted text end

new text begin (8) the deputy compact administrator as defined in section 260.515;
new text end

new text begin (9) a representative from the State Public Defender's Office;
new text end

new text begin (10) a representative from the Minnesota County Attorney's Association;
new text end

new text begin (11) a representative from the Minnesota Sheriff's Association;
new text end

new text begin (12) a representative from the Minnesota Association of County Probation Officers;
new text end

new text begin (13) a representative from the Minnesota Association of Community Corrections Act
Counties;
new text end

new text begin (14) a representative from the community at large;
new text end

new text begin (15) a representative from a community organization working with victims of crimes;
and
new text end

deleted text begin (7)deleted text end new text begin (16)new text end other members as appointed by the commissioner of corrections.

The council may elect a chair from among its members.

Subd. 2.

Duties.

The council shall oversee and administer the state's participation in deleted text begin the
compact
deleted text end new text begin both compactsnew text end described in deleted text begin sectiondeleted text end new text begin sectionsnew text end 243.1605new text begin and 260.515new text end . The council
shall appoint the compact administrator as the state's commissioner. In addition to these
duties, the council shall develop a model policy concerning the operations and procedures
of the compact within the state.

Subd. 3.

Annual report.

By March 1 of each year, the council shall report to the governor
and the chairs and ranking minority members of the senate and house of representatives
committees having jurisdiction over criminal justice policy on its activities along with
providing a copy of the annual report published by the national commission that includes
the activities of the interstate commission and executive committee as described in section
243.1605 for the preceding year.new text begin The council's annual report will also include information
required of the State Advisory Council for the Interstate Compact for Juveniles as described
in Article IV in section 260.515.
new text end

Subd. 4.

Expiration; expenses.

The provisions of section 15.059 apply to the council.

Sec. 2.

Minnesota Statutes 2020, section 260.515, is amended to read:


260.515 INTERSTATE COMPACT FOR JUVENILES.

The Interstate Compact for Juveniles is enacted into law and entered into with all other
states legally joining in it in substantially the following form:

ARTICLE I

PURPOSE

The compacting states to this Interstate Compact recognize that each state is responsible
for the proper supervision or return of juveniles, delinquents, and status offenders who are
on probation or parole and who have absconded, escaped, or run away from supervision
and control and in so doing have endangered their own safety and the safety of others. The
compacting states also recognize that each state is responsible for the safe return of juveniles
who have run away from home and in doing so have left their state of residence. The
compacting states also recognize that Congress, by enacting the Crime Control Act, United
States Code, title 4, section 112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative action among
the compacting states to:

(A) ensure that the adjudicated juveniles and status offenders subject to this compact
are provided adequate supervision and services in the receiving state as ordered by the
adjudicating judge or parole authority in the sending state;

(B) ensure that the public safety interests of the citizens, including the victims of juvenile
offenders, in both the sending and receiving states are adequately protected;

(C) return juveniles who have run away, absconded, or escaped from supervision or
control or have been accused of an offense to the state requesting their return;

(D) make contracts for the cooperative institutionalization in public facilities in member
states for delinquent youth needing special services;

(E) provide for the effective tracking and supervision of juveniles;

(F) equitably allocate the costs, benefits, and obligations of the compact states;

(G) establish procedures to manage the movement between states of juvenile offenders
released to the community under the jurisdiction of courts, juvenile departments, or any
other criminal or juvenile justice agency which has jurisdiction over juvenile offenders;

(H) insure immediate notice to jurisdictions where defined juvenile offenders are
authorized to travel or to relocate across state lines;

(I) establish procedures to resolve pending charges (detainers) against juvenile offenders
prior to transfer or release to the community under the terms of this compact;

(J) establish a system of uniform data collection on information pertaining to juveniles
subject to this compact that allows access by authorized juvenile justice and criminal justice
officials, and regular reporting of compact activities to heads of state; executive, judicial,
and legislative branches; and juvenile criminal justice administrators;

(K) monitor compliance with rules governing interstate movement of juveniles and
initiate interventions to address and correct noncompliance;

(L) coordinate training and education regarding the regulation of interstate movement
of juveniles for officials involved in such activity; and

(M) coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult Offender
Supervision, and other compacts affecting juveniles particularly in those cases where
concurrent or overlapping supervision issues arise.

It is the policy of the compacting states that the activities conducted by the Interstate
Commission created herein are the information of public policies and therefore are public
business. Furthermore, the compacting states shall cooperate and observe their individual
and collective duties and responsibilities for the prompt return and acceptance of juveniles
subject to the provisions of this compact. The provisions of this compact shall be reasonably
and liberally construed to accomplish the purpose and policies of the compact.

ARTICLE II

DEFINITIONS

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

A. "Bylaws" means those bylaws established by the commission for its governance, or
for directing or controlling its actions or conduct.

B. "Compact administrator" means the individual in each compacting state appointed
pursuant to the terms of this compact responsible for the administration and management
of the state's supervision and transfer of juveniles subject to the terms of this compact, the
rules adopted by the Interstate Commission, and policies adopted by the state council under
this compact.

C. "Compacting state" means any state which has enacted the enabling legislation for
this compact.

D. "Commissioner" means the voting representative of each compacting state appointed
pursuant to Article III of this compact.

E. "Court" means any court having jurisdiction over delinquent, neglected, or dependent
children.

F. "Deputy compact administrator" means the individual, if any, in each compacting
state appointed to act on behalf of a compact administrator pursuant to the terms of this
compact responsible for the administration and management of the state's supervision and
transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate
Commission, and policies adopted by the state council under this compact.

G. "Interstate Commission" means the Interstate Commission for Juveniles created by
Article III of this compact.

H. "Juvenile" means any person defined as a juvenile in any member state or by the rules
of the Interstate Commission, including:

(1) accused delinquent - a person charged with an offense that, if committed by an adult,
would be a criminal offense;

(2) adjudicated delinquent - a person found to have committed an offense that, if
committed by an adult, would be a criminal offense;

(3) accused status offender - a person charged with an offense that would not be a criminal
offense if committed by an adult;

(4) adjudicated status offender - a person found to have committed an offense that would
not be a criminal offense if committed by an adult; and

(5) nonoffender - a person in need of supervision who has not been accused or adjudicated
a status offender or delinquent.

I. "Noncompacting state" means any state which has not enacted the enabling legislation
for this compact.

J. "Probation" or "parole" means any kind of supervision or conditional release of
juveniles authorized under the laws of the compacting states.

K. "Rule" means a written statement by the Interstate Commission promulgated pursuant
to Article VI of this compact that is of general applicability, implements, interprets, or
prescribes a policy or provision of the compact, or an organizational, procedural, or practice
requirement of the commission, and has the force and effect of statutory law in a compacting
state, and includes the amendment, repeal, or suspension of an existing rule.

L. "State" means a state of the United States, the District of Columbia (or its designee),
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Northern Marianas.

ARTICLE III

INTERSTATE COMMISSION FOR JUVENILES

A. The compacting states hereby create the "Interstate Commission for Juveniles." The
commission shall be a body corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and duties set forth herein, and such
additional powers as may be conferred upon it by subsequent action of the respective
legislatures of the compacting states in accordance with the terms of this compact.

B. The Interstate Commission shall consist of commissioners appointed by the appropriate
appointing authority in each state pursuant to the rules and requirements of each compacting
state and in consultation with the State Advisory Council for Interstate Supervision of
Juvenile Offenders and Runaways created hereunder. The commissioner shall be the compact
administrator. The commissioner of corrections or the commissioner's designee shall serve
as the compact administrator, who shall serve on the Interstate Commission in such capacity
under or pursuant to the applicable law of the compacting state.

C. In addition to the commissioners who are the voting representatives of each state, the
Interstate Commission shall include individuals who are not commissioners but who are
members of interested organizations. Such noncommissioner members must include a
member of the national organizations of governors, legislators, state chief justices, attorneys
general, Interstate Compact for Adult Offender Supervision, Interstate Compact on the
Placement of Children, juvenile justice and juvenile corrections officials, and crime victims.
All noncommissioner members of the Interstate Commission shall be ex-officio (nonvoting)
members. The Interstate Commission may provide in its bylaws for such additional ex-officio
(nonvoting) members, including members of other national organizations, in such numbers
as shall be determined by the commission.

D. Each compacting state represented at any meeting of the commission is entitled to
one vote. A majority of the compacting states shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

E. The commission shall meet at least once each calendar year. The chair may call
additional meetings and, upon the request of a simple majority of the compacting states,
shall call additional meetings. Public notice shall be given of all meetings and meetings
shall be open to the public.

F. The Interstate Commission shall establish an executive committee, which shall include
commission officers, members, and others as determined by the bylaws. The executive
committee shall have the power to act on behalf of the Interstate Commission during periods
when the Interstate Commission is not in session, with the exception of rulemaking and/or
amendment to the compact. The executive committee shall oversee the day-to-day activities
of the administration of the compact managed by an executive director and Interstate
Commission staff; administer enforcement and compliance with the provisions of the
compact, its bylaws, and rules; and perform such other duties as directed by the Interstate
Commission or set forth in the bylaws.

G. Each member of the Interstate Commission shall have the right and power to cast a
vote to which that compacting state is entitled and to participate in the business and affairs
of the Interstate Commission. A member shall vote in person and shall not delegate a vote
to another compacting state. However, a commissioner, in consultation with the state council,
shall appoint another authorized representative, in the absence of the commissioner from
that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws
may provide for members' participation in meetings by telephone or other means of
telecommunication or electronic communication.

H. The Interstate Commission's bylaws shall establish conditions and procedures under
which the Interstate Commission shall make its information and official records available
to the public for inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.

I. Public notice shall be given of all meetings and all meetings shall be open to the public,
except as set forth in the rules or as otherwise provided in the compact. The Interstate
Commission and any of its committees may close a meeting to the public where it determines
by two-thirds vote that an open meeting would be likely to:

1. relate solely to the Interstate Commission's internal personnel practices and procedures;

2. disclose matters specifically exempted from disclosure by statute;

3. disclose trade secrets or commercial or financial information which is privileged or
confidential;

4. involve accusing any person of a crime or formally censuring any person;

5. disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;

6. disclose investigative records compiled for law enforcement purposes;

7. disclose information contained in or related to examination, operating or condition
reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect
to a regulated person or entity for the purpose of regulation or supervision of such person
or entity;

8. disclose information, the premature disclosure of which would significantly endanger
the stability of a regulated person or entity;

9. specifically relate to the Interstate Commission's issuance of a subpoena or its
participation in a civil action or other legal proceeding.

J. For every meeting closed pursuant to this provision, the Interstate Commission's legal
counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed
to the public, and shall reference each relevant exemptive provision. The Interstate
Commission shall keep minutes which shall fully and clearly describe all matters discussed
in any meeting and shall provide a full and accurate summary of any actions taken, and the
reasons therefore, including a description of each of the views expressed on any item and
the record of any roll call vote (reflected in the vote of each member on the question). All
documents considered in connection with any action shall be identified in such minutes.

K. The Interstate Commission shall collect standardized data concerning the interstate
movement of juveniles as directed through its rules which shall specify the data to be
collected, the means of collection, and data exchange and reporting requirements. Such
methods of data collection, exchange, and reporting shall insofar as is reasonably possible
conform to up-to-date technology and coordinate its information functions with the
appropriate repository of records.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The commission shall have the following powers and duties:

1. To provide for dispute resolution among compacting states.

2. To promulgate rules to affect the purposes and obligations as enumerated in this
compact, which shall have the force and effect of statutory law and shall be binding in the
compact states to the extent and in the manner provided in this compact.

3. To oversee, supervise, and coordinate the interstate movement of juveniles subject to
the terms of this compact and any bylaws adopted and rules promulgated by the Interstate
Commission.

4. To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission, and the bylaws, using all necessary and proper means, including
but not limited to the use of judicial process.

5. To establish and maintain offices which shall be located within one or more of the
compacting states.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, hire, or contract for services of personnel.

8. To establish and appoint committees and hire staff which it deems necessary for the
carrying out of its functions including, but not limited to, an executive committee as required
by Article III, which shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.

9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to
fix their compensation, define their duties, and determine their qualifications; and to establish
the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts
of interest, rates of compensation, and qualifications of personnel.

10. To accept any and all donations and grants of money, equipment, supplies, materials,
and services, and to receive, utilize, and dispose of it.

11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed.

13. To establish a budget, make expenditures, and levy dues as provided in Article VIII
of this compact.

14. To sue and be sued.

15. To adopt a seal and bylaws governing the management and operation of the Interstate
Commission.

16. To perform such functions as may be necessary or appropriate to achieve the purposes
of this compact.

17. To report annually to the legislatures, governors, judiciary, and state councils of the
compacting states concerning the activities of the Interstate Commission during the preceding
year. Such reports shall also include any recommendations that may have been adopted by
the Interstate Commission.

18. To coordinate education, training, and public awareness regarding the interstate
movement of juveniles for officials involved in such activity.

19. To establish uniform standards of the reporting, collecting, and exchanging of data.

20. The Interstate Commission shall maintain its corporate books and records in
accordance with the bylaws.

ARTICLE V

ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION

Section A. Bylaws.

1. The Interstate Commission shall, by a majority of the members present and voting,
within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes of the compact,
including, but not limited to:

a. establishing the fiscal year of the Interstate Commission;

b. establishing an executive committee and such other committees as may be necessary;

c. provide: (i) for the establishment of committees, and (ii) governing any general or
specific delegation of any authority or function of the Interstate Commission;

d. providing reasonable procedures for calling and conducting meetings of the Interstate
Commission and ensuring reasonable notice of each such meeting;

e. establishing the titles and responsibilities of the officers of the Interstate Commission;

f. providing a mechanism for concluding the operations of the Interstate Commission
and the return of any surplus funds that may exist upon the termination of the compact after
the payment and/or reserving of all of its debts and obligations;

g. providing "start-up" rules for initial administration of the compact;

h. establishing standards and procedures for compliance and technical assistance in
carrying out the compact.

Section B. Officers and staff.

1. The Interstate Commission shall, by a majority of the members, elect annually from
among its members a chair and a vice-chair, each of whom shall have such authority and
duties as may be specified in the bylaws. The chair or, in the chair's absence or disability,
the vice-chair shall preside at all meetings of the Interstate Commission. The officers so
elected shall serve without compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budget funds, the officers shall be reimbursed
for any ordinary and necessary costs and expenses incurred by them in the performance of
their responsibilities as officers of the Interstate Commission.

2. The Interstate Commission shall, through its executive committee, appoint or retain
an executive director for such period, upon such terms and conditions, and for such
compensation as the Interstate Commission may deem appropriate. The executive director
shall serve as secretary to the Interstate Commission, but shall not be a member and shall
hire and supervise such other staff as may be authorized by the Interstate Commission.

Section C. Qualified immunity, defense, and indemnification.

1. The commission's executive director and employees shall be immune from suit and
liability, either personally or in their official capacity, for any claim for damage to or loss
of property or personal injury or other civil liability caused or arising out of or relating to
any actual or alleged act, error, or omission that occurred, or that such person had a
reasonable basis for believing occurred within the scope of commission employment, duties,
or responsibilities; provided, that any such person shall not be protected from suit or liability
for any damage, loss, injury, or liability caused by the intentional or willful and wanton
misconduct of any such person.

2. The liability of any commissioner, or the employee or agent of a commissioner, acting
within the scope of such person's employment or duties for acts, errors, or omissions
occurring within such person's state may not exceed the limits of liability set forth under
the Constitution and laws of that state for state officials, employees, and agents. Nothing
in this subsection shall be construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct
of any such person.

3. The Interstate Commission shall defend the executive director or the employees or
representatives of the Interstate Commission and, subject to the approval of the attorney
general of the state represented by any commissioner of a compacting state, shall defend
such commissioner or the commissioner's representatives or employees in any civil action
seeking to impose liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment, duties, or responsibilities,
or that the defendant has a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such person.

4. The Interstate Commission shall indemnify and hold the commissioner of a compacting
state, or the commissioner's representatives or employees, or the Interstate Commission's
representatives or employees, harmless in the amount of any settlement or judgment obtained
against such persons arising out of any actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties, or responsibilities, or that
such persons had a reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from intentional or willful and wanton misconduct on the
part of such persons.

ARTICLE VI

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

1. The Interstate Commission shall promulgate and publish rules in order to effectively
and efficiently achieve the purposes of the compact.

2. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws
and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the
principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws
Annotated, Vol. 15, page 1 (2000), or such other administrative procedures act, as the
Interstate Commission deems appropriate consistent with due process requirements under
the United States Constitution as now or hereafter interpreted by the United States Supreme
Court. All rules and amendments shall become binding as of the date specified, as published
with the final version of the rule as approved by the commission.

3. When promulgating a rule, the Interstate Commission shall, at a minimum:

a. publish the proposed rule's entire text stating the reasons for that proposed rule;

b. allow and invite any and all persons to submit written data, facts, opinions, and
arguments, which information shall be added to the record, and be made publicly available;

c. provide an opportunity for an informal hearing if petitioned by ten or more persons;
and

d. promulgate a final rule and its effective date, if appropriate, based on input from state
or local officials, or interested parties.

4. The Interstate Commission shall allow, not later than 60 days after a rule is
promulgated, any interested person to file a petition in the United States District Court for
the District of Columbia or in the federal District Court where the Interstate Commission's
principal office is located for judicial review of such rule. If the court finds that the Interstate
Commission's action is not supported by substantial evidence in the rulemaking record, the
court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence
is substantial if it would be considered substantial evidence under the Model (State)
Administrative Procedures Act.

5. If a majority of the legislatures of the compacting states rejects a rule, those states
may, by enactment of a statute or resolution in the same manner used to adopt the compact,
cause that such rule shall have no further force and effect in any compacting state.

6. The existing rules governing the operation of the Interstate Compact on Juveniles
superceded by this act shall be null and void 12 months after the first meeting of the Interstate
Commission created hereunder.

7. Upon determination by the Interstate Commission that a state of emergency exists, it
may promulgate an emergency rule which shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided hereunder shall be retroactively
applied to said rule as soon as reasonably possible, but no later than 90 days after the effective
date of the emergency rule.

ARTICLE VII

OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION BY THE INTERSTATE COMMISSION

Section A. Oversight.

1. The Interstate Commission shall oversee the administration and operations of the
interstate movement of juveniles subject to this compact in the compacting states and shall
monitor such activities being administered in noncompacting states which may significantly
affect compacting states.

2. The courts and executive agencies in each compacting state shall enforce this compact
and shall take all actions necessary and appropriate to effectuate the compact's purposes
and intent. The provisions of this compact and the rules promulgated hereunder shall be
received by all the judges, public officers, commissions, and departments of the state
government as evidence of the authorized statute and administrative rules. All courts shall
take judicial notice of the compact and the rules. In any judicial or administrative proceeding
in a compacting state pertaining to the subject matter of this compact which may affect the
powers, responsibilities, or actions of the Interstate Commission, it shall be entitled to
receive all service of process in any such proceeding, and shall have standing to intervene
in the proceeding for all purposes.

3. The compact administrator shall assess and collect fines, fees, and costs from any
state or local entity deemed responsible by the compact administrator for a default as
determined by the Interstate Commission under Article XI.

Section B. Dispute resolution.

1. The compacting states shall report to the Interstate Commission on all issues and
activities necessary for the administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and its bylaws and rules.

2. The Interstate Commission shall attempt, upon the request of a compacting state, to
resolve any disputes or other issues which are subject to the compact and which may arise
among compacting states and between compacting and noncompacting states. The
commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.

3. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this compact using any or all means set forth in Article XI of
this compact.

ARTICLE VIII

FINANCE

1. The Interstate Commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.

2. The Interstate Commission shall levy on and collect an annual assessment from each
compacting state to cover the cost of the internal operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the Interstate
Commission, taking into consideration the population of each compacting state and the
volume of interstate movement of juveniles in each compacting state, and shall promulgate
a rule binding upon all compacting states which governs said assessment.

3. The Interstate Commission shall not incur any obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
of any of the compacting states, except by and with the authority of the compacting state.

4. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be subject
to the audit and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Interstate Commission shall be audited yearly
by a certified or licensed public accountant and the report of the audit shall be included in
and become part of the annual report of the Interstate Commission.

5. Minnesota's annual assessment shall not exceed $30,000. The Interstate Compact for
Juveniles fund is established as a special fund in the Department of Corrections. The fund
consists of money appropriated for the purpose of meeting financial obligations imposed
on the state as a result of Minnesota's participation in this compact. An assessment levied
or any other financial obligation imposed under this compact is effective against the state
only to the extent that money to pay the assessment or meet the financial obligation has
been appropriated and deposited in the fund established in this paragraph.

ARTICLE IX

THE STATE ADVISORY COUNCIL

Each member state shall create a State Advisory Council for the Interstate Compact for
Juveniles. The Advisory Council on the Interstate Compact for Juveniles deleted text begin consistsdeleted text end new text begin shall be
combined with the Advisory Council on Interstate Adult Offender Supervision established
by section 243.1606 and consist
new text end of the following individuals or their designees:

(1) the governor;

(2) the chief justice of the Supreme Court;

(3) two senators, one from the majority and the other from the minority party, selected
by the Subcommittee on Committees of the senate Committee on Rules and Administration;

(4) two representatives, one from the majority and the other from the minority party,
selected by the house speaker;

(5) a representative from the Department of Human Services regarding the Interstate
Compact for the Placement of Children;

(6) the compact administrator, selected as provided in Article III;

(7) the executive director of the Office of Justice Programs or designee;

(8) the deputy compact administrator; deleted text begin and
deleted text end

new text begin (9) a representative from the State Public Defender's Office;
new text end

new text begin (10) a representative from the Minnesota County Attorney's Association;
new text end

new text begin (11) a representative from the Minnesota Sheriff's Association;
new text end

new text begin (12) a representative from the Minnesota Association of County Probation Officers;
new text end

new text begin (13) a representative from the Minnesota Association of Community Corrections Act
Counties;
new text end

new text begin (14) a representative from the community at large;
new text end

new text begin (15) a representative from a community organization working with victims of crimes;
and
new text end

deleted text begin (9)deleted text end new text begin (16)new text end other members as appointed by the commissioner of corrections.

The council may elect a chair from among its members.

The council shall oversee and administer the state's participation in the compact as
described in Article III. The council shall appoint the compact administrator as the state's
commissioner.

The state advisory council will advise and exercise advocacy concerning that state's
participation in Interstate Commission activities and other duties as may be determined by
that state, including, but not limited to, development of policy concerning operations and
procedures of the compact within that state.

Expiration; expenses. The provisions of section 15.059 apply to the council except that
it does not expire.

ARTICLE X

COMPACTING STATES, EFFECTIVE DATE,
AND AMENDMENT

1. Any state, the District of Columbia (or its designee), the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas
Islands as defined in Article II of this compact is eligible to become a compacting state.

2. The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than 35 of the states. The initial effective date shall be the later
of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter, it shall
become effective and binding as to any other compacting state upon enactment of the
compact into law by that state. The governors of nonmember states or their designees shall
be invited to participate in the activities of the Interstate Commission on a nonvoting basis
prior to adoption of the compact by all states and territories of the United States.

3. The Interstate Commission may propose amendments to the compact for enactment
by the compacting states. No amendment shall become effective and binding upon the
Interstate Commission and the compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION,
AND JUDICIAL ENFORCEMENT

Section A. Withdrawal.

1. Once effective, the compact shall continue in force and remain binding upon each
and every compacting state; provided that a compacting state may withdraw from the
compact specifically repealing the statute, which enacted the compact into law.

2. The effective date of withdrawal is the effective date of the repeal.

3. The withdrawing state shall immediately notify the chair of the Interstate Commission
in writing upon the introduction of legislation repealing this compact in the withdrawing
state. The Interstate Commission shall notify the other compacting states of the withdrawing
state's intent to withdraw within 60 days of its receipt thereof.

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

5. Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
Interstate Commission.

Section B. Technical assistance, fines, suspension, termination, and default.

1. If the Interstate Commission determines that any compacting state has at any time
defaulted in the performance of any of its obligations or responsibilities under this compact,
or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all
of the following penalties:

a. remedial training and technical assistance as directed by the Interstate Commission;

b. alternative dispute resolution;

c. fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the
Interstate Commission;

d. suspension or termination of membership in the compact, which shall be imposed
only after all other reasonable means of securing compliance under the bylaws and rules
have been exhausted and the Interstate Commission has therefore determined that the
offending state is in default. Immediate notice of suspension shall be given by the Interstate
Commission to the governor, the chief justice, or the chief judicial officer of the state; the
majority and minority leaders of the defaulting state's legislature; and the state council. The
grounds for default include, but are not limited to, failure of a compacting state to perform
such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly
promulgated rules and any other grounds designated in commission bylaws and rules. The
Interstate Commission shall immediately notify the defaulting state in writing of the penalty
imposed by the Interstate Commission and of the default pending a cure of the default. The
commission shall stipulate the conditions and the time period within which the defaulting
state must cure its default. If the defaulting state fails to cure the default within the time
period specified by the commission, the defaulting state shall be terminated from the compact
upon an affirmative vote of a majority of the compacting states and all rights, privileges,
and benefits conferred by this compact shall be terminated from the effective date of
termination.

2. Within 60 days of the effective date of termination of a defaulting state, the commission
shall notify the governor, the chief justice or chief judicial officer, the majority and minority
leaders of the defaulting state's legislature, and the state council of such termination.

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

4. The Interstate Commission shall not bear any costs relating to the defaulting state
unless otherwise mutually agreed upon in writing between the Interstate Commission and
the defaulting state.

5. Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the Interstate
Commission pursuant to the rules.

Section C. Judicial enforcement.

The Interstate Commission may, by majority vote of the members, initiate legal action
in the United States District Court for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district where the Interstate Commission has its offices,
to enforce compliance with the provisions of the compact, its duly promulgated rules and
bylaws, against any compacting state in default. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney fees.

Section D. Dissolution of compact.

1. The compact dissolves effective upon the date of the withdrawal or default of the
compacting state, which reduces membership in the compact to one compacting state.

2. Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

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

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

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

Section A. Other laws.

1. Nothing herein prevents the enforcement of any other law of a compacting state that
is not inconsistent with this compact.

2. All compacting states' laws other than state constitutions and other interstate compacts
conflicting with this compact are superseded to the extent of the conflict.

Section B. Binding effect of the compact.

1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the compacting state.

2. All agreements between the Interstate Commission and the compacting states are
binding in accordance with their terms.

3. Upon the request of a party to a conflict over meaning or interpretation of Interstate
Commission actions, and upon a majority vote of the compacting states, the Interstate
Commission may issue advisory opinions regarding such meaning of interpretation.

4. In the event any provision of this compact exceeds the constitutional limits imposed
on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction
sought to be conferred by such provision upon the Interstate Commission shall be ineffective
and such obligations, duties, powers, or jurisdiction shall remain in the compacting state
and shall be exercised by the agency thereof to which such obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time this compact becomes effective.