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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 268-S.F.No. 2611 
                  An act relating to crime prevention; adopting a new 
                  compact for interstate adult offender supervision and 
                  repealing the existing compact; creating an advisory 
                  council on interstate adult offender supervision; 
                  requiring the appointment of a compact administrator; 
                  imposing criminal penalties for a violation of the new 
                  compact; appropriating money; amending Minnesota 
                  Statutes 2000, section 243.161; proposing coding for 
                  new law in Minnesota Statutes, chapter 243; repealing 
                  Minnesota Statutes 2000, section 243.16. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [243.1605] [INTERSTATE COMPACT FOR ADULT 
        OFFENDER SUPERVISION.] 
                                  ARTICLE I
                                   PURPOSE
           The compacting states to this interstate compact recognize 
        that each state is responsible for the supervision of adult 
        offenders in the community who are authorized pursuant to the 
        bylaws and rules of this compact to travel across state lines 
        both to and from each compacting state in such a manner as to 
        track the location of offenders, transfer supervision authority 
        in an orderly and efficient manner, and when necessary return 
        offenders to the originating jurisdictions.  The compacting 
        states also recognize that Congress, by enacting the Crime 
        Control Act under 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 and the interstate commission 
        created hereunder, through means of joint and cooperative action 
        among the compacting states: 
           (1) to provide the framework for the promotion of public 
        safety and protect the rights of victims through the control and 
        regulation of the interstate movement of offenders in the 
        community; 
           (2) to provide for the effective tracking, supervision, and 
        rehabilitation of these offenders by the sending and receiving 
        states; and 
           (3) to equitably distribute the costs, benefits, and 
        obligations of the compact among the compacting states. 
           In addition, this compact will: 
           (1) create an interstate commission which will establish 
        uniform procedures to manage the movement between states of 
        adults placed under community supervision and released to the 
        community under the jurisdiction of courts, paroling 
        authorities, corrections, or other criminal justice agencies 
        which will promulgate rules to achieve the purpose of this 
        compact; 
           (2) ensure an opportunity for input and timely notice to 
        victims and to jurisdictions where defined offenders are 
        authorized to travel or to relocate across state lines; 
           (3) establish a system of uniform data collection, access 
        to information on active cases by authorized criminal justice 
        officials, and regular reporting of compact activities to heads 
        of state councils; state executive, judicial, and legislative 
        branches; and criminal justice administrators; 
           (4) monitor compliance with rules governing interstate 
        movement of offenders and initiate interventions to address and 
        correct noncompliance; and 
           (5) coordinate training and education regarding regulations 
        of interstate movement of offenders for officials involved in 
        such activity. 
           The compacting states recognize that there is no "right" of 
        any offender to live in another state and that duly accredited 
        officers of a sending state may at all times enter a receiving 
        state and there apprehend and retake any offender under 
        supervision subject to the provisions of this compact and bylaws 
        and rules promulgated hereunder.  It is the policy of the 
        compacting states that the activities conducted by the 
        interstate commission created herein are the formation of public 
        policies and are therefore public business. 
                                  ARTICLE II
                                 DEFINITIONS
           As used in this compact, unless the context clearly 
        requires a different construction: 
           (1) "adult" means both individuals legally classified as 
        adults and juveniles treated as adults by court order, statute, 
        or operation of law; 
           (2) "bylaws" mean those bylaws established by the 
        interstate commission for its governance, or for directing or 
        controlling the interstate commission's actions or conduct; 
           (3) "commissioner" means the voting representative of each 
        compacting state appointed pursuant to article III of this 
        compact; 
           (4) "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 offenders subject to the terms of 
        this compact, the rules adopted by the interstate commission, 
        and policies adopted by the state council under this compact; 
           (5) "compacting state" means any state which has enacted 
        the enabling legislation for this compact, the rules adopted by 
        the interstate commission, and policies adopted by the state 
        council under this compact; 
           (6) "interstate commission" means the interstate commission 
        for adult offender supervision established by this compact; 
           (7) "member" means the commissioner of a compacting state 
        or a designee, who shall be a person officially connected with 
        the commissioner; 
           (8) "noncompacting state" means any state which has not 
        enacted the enabling legislation for this compact; 
           (9) "offender" means an adult placed under, or subject to 
        supervision as the result of, the commission of a criminal 
        offense and released to the community under the jurisdiction of 
        courts, paroling authorities, corrections, or other criminal 
        justice agencies; 
           (10) "person" means any individual, corporation, business 
        enterprise, or other legal entity, either public or private; 
           (11) "rules" mean acts of the interstate commission, duly 
        promulgated pursuant to article VIII of this compact, 
        substantially affecting interested parties in addition to the 
        interstate commission, which shall have the force and effect of 
        law in the compacting states; 
           (12) "state" means a state of the United States, the 
        District of Columbia, and any other territorial possessions of 
        the United States; and 
           (13) "state council" means the resident members of the 
        state council for interstate adult offender supervision created 
        by each state under article IV of this compact. 
                                 ARTICLE III
                            THE COMPACT COMMISSION
           The compacting states hereby create the interstate 
        commission for adult offender supervision.  The interstate 
        commission shall be a body corporate and joint agency of the 
        compacting states.  The interstate commission shall have all the 
        responsibilities, powers, and duties set forth herein, including 
        the power to sue and be sued, 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. 
           The interstate commission shall consist of commissioners 
        selected and appointed by resident members of a state council 
        for interstate adult offender supervision for each state. 
           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, 
        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 as it deems necessary. 
           Each compacting state represented at any meeting of the 
        interstate 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.  The interstate 
        commission shall meet at least once each calendar year.  The 
        chairperson may call additional meetings and, upon the request 
        of 27 or more compacting states, shall call additional 
        meetings.  Public notice shall be given of all meetings and 
        meetings shall be open to the public. 
           The interstate commission shall establish an executive 
        committee which shall include commission officers, members, and 
        others as shall be 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 
        oversees the day-to-day activities managed by the executive 
        director and interstate commission staff; administers 
        enforcement and compliance with the provisions of the compact, 
        its bylaws, and as directed by the interstate commission; and 
        performs other duties as directed by commission or set forth in 
        the bylaws. 
                                  ARTICLE IV
                              THE STATE COUNCIL
           Each member state shall create a state council for 
        interstate adult offender supervision which shall be responsible 
        for the appointment of the commissioner who shall serve on the 
        interstate commission from that state.  Each state council shall 
        appoint as its commissioner the compact administrator from that 
        state to serve on the interstate commission in such capacity 
        under or pursuant to applicable law of the member state.  While 
        each member state may determine the membership of its own state 
        council, its membership must include at least one representative 
        from the legislative, judicial, and executive branches of 
        government; victims groups; and compact administrators.  Each 
        compacting state retains the right to determine the 
        qualifications of the compact administrator, who shall be 
        appointed by the state council or by the governor in 
        consultation with the legislature and the judiciary.  In 
        addition to appointment of its commissioner to the national 
        interstate commission, each state council shall exercise 
        oversight and advocacy concerning its participation in 
        interstate commission activities and other duties as may be 
        determined by each member state, including, but not limited to, 
        development of policy concerning operations and procedures of 
        the compact within that state. 
                                  ARTICLE V
                POWERS AND DUTIES OF THE INTERSTATE COMMISSION
           The interstate commission shall have the following powers: 
           (1) to adopt a seal and suitable bylaws governing the 
        management and operation of the interstate commission; 
           (2) to promulgate rules which shall have the force and 
        effect of statutory law and shall be binding in the compacting 
        states to the extent and in the manner provided in this compact; 
           (3) to oversee, supervise, and coordinate the interstate 
        movement of offenders subject to the terms of this compact and 
        any bylaws adopted and rules promulgated by the compact 
        commission; 
           (4) to enforce compliance with compact provisions, 
        interstate commission rules, and bylaws, using all necessary and 
        proper means, including, but not limited to, the use of judicial 
        process; 
           (5) to establish and maintain offices; 
           (6) to purchase and maintain insurance and bonds; 
           (7) to borrow, accept, or contract for services of 
        personnel, including, but not limited to, members and their 
        staffs; 
           (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, among other things, 
        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 same; 
           (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 and make expenditures and levy 
        dues as provided in article X of this compact; 
           (14) to sue and be sued; 
           (15) to provide for dispute resolution among compacting 
        states; 
           (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, 
        judiciaries, 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 offenders for 
        officials involved in such activity; and 
           (19) to establish uniform standards for the reporting, 
        collecting, and exchanging of data. 
                                  ARTICLE VI
           ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
           Section A.  [BYLAWS.] 
           The interstate commission shall, by a majority of the 
        members, within 12 months of 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: 
           (1) establishing the fiscal year of the interstate 
        commission; 
           (2) establishing an executive committee and such other 
        committees as may be necessary; 
           (3) providing reasonable standards and procedures: 
           (i) for the establishment of committees; and 
           (ii) governing any general or specific delegation of any 
        authority or function of the interstate commission; 
           (4) providing reasonable procedures for calling and 
        conducting meetings of the interstate commission, and ensuring 
        reasonable notice of each such meeting; 
           (5) establishing the titles and responsibilities of the 
        officers of the interstate commission; 
           (6) providing reasonable standards and procedures for the 
        establishment of the personnel policies and programs of the 
        interstate commission.  Notwithstanding any civil service or 
        other similar laws of any compacting state, the bylaws shall 
        exclusively govern the personnel policies and programs of the 
        interstate commission; 
           (7) providing a mechanism for winding up the operations of 
        the interstate commission and the equitable 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; 
           (8) providing transition rules for "start up" 
        administration of the compact; and 
           (9) establishing standards and procedures for compliance 
        and technical assistance in carrying out the compact. 
           Section B.  [OFFICERS AND STAFF.] 
           The interstate commission shall, by a majority of the 
        members, elect from among its members a chairperson and a vice 
        chairperson, each of whom shall have such authorities and duties 
        as may be specified in the bylaws.  The chairperson or, in the 
        chairperson's absence or disability, the vice chairperson 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 budgeted funds, the officers 
        shall be reimbursed for any actual and necessary costs and 
        expenses incurred by them in the performance of their duties and 
        responsibilities as officers of the interstate commission. 
           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, and hire and supervise such other staff 
        as may be authorized by the interstate commission, but shall not 
        be a member. 
           Section C.  [CORPORATE RECORDS OF THE INTERSTATE 
        COMMISSION.] 
           The interstate commission shall maintain its corporate 
        books and records in accordance with the bylaws. 
           Section D.  [QUALIFIED IMMUNITY; DEFENSE AND 
        INDEMNIFICATION.] 
           The members, officers, executive director, and employees of 
        the interstate commission 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 any actual or 
        alleged act, error, or omission that occurred within the scope 
        of interstate commission employment, duties, or 
        responsibilities, provided that nothing in this paragraph shall 
        be construed to protect any such person from suit and/or 
        liability for any damage, loss, injury, or liability caused by 
        the intentional or willful and wanton misconduct of any such 
        person. 
           The interstate commission shall defend the commissioner of 
        a compacting state, a commissioner's representatives or 
        employees, or the interstate commission'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 
        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 wrongdoing on 
        the part of such person. 
           The interstate commission shall indemnify and hold the 
        commissioner of a compacting state, the appointed designee 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 had 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 gross negligence or intentional wrongdoing on the 
        part of such person. 
                                 ARTICLE VII
                   ACTIVITIES OF THE INTERSTATE COMMISSION
           The interstate commission shall meet and take such actions 
        as are consistent with the provisions of this compact. 
           Except as otherwise provided in this compact and unless a 
        greater percentage is required by the bylaws, in order to 
        constitute an act of the interstate commission, such act shall 
        have been taken at a meeting of the interstate commission and 
        shall have received an affirmative vote of a majority of the 
        members present. 
           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 on behalf 
        of the state and shall not delegate a vote to another member 
        state.  However, a state council shall appoint another 
        authorized representative, in the absence of the commissioner 
        from that state, to cast a vote on behalf of the member state at 
        a specified meeting.  The bylaws may provide for members' 
        participation in meetings by telephone or other means of 
        telecommunication or electronic communication.  Any voting 
        conducted by telephone, or other means of telecommunication or 
        electronic communication, shall be subject to the same quorum 
        requirements of meetings where members are present in person. 
           The interstate commission shall meet at least once during 
        each calendar year.  The chairperson of the interstate 
        commission may call additional meetings at any time and, upon 
        the request of a majority of the members, shall call additional 
        meetings. 
           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.  In promulgating such rules, the 
        interstate commission may make available to law enforcement 
        agencies records and information otherwise exempt from 
        disclosure, and may enter into agreements with law enforcement 
        agencies to receive or exchange information or records subject 
        to nondisclosure and confidentiality provisions.  
           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 shall promulgate rules consistent with the principles 
        contained in the "Government in Sunshine Act," United States 
        Code, title 5, section 552(b), as may be amended.  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 investigatory 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 entity for the purpose of regulation or 
        supervision of such entity; 
           (8) disclose information, the premature disclosure of which 
        would significantly endanger the life of a person or the 
        stability of a regulated entity; or 
           (9) specifically relate to the interstate commission's 
        issuance of a subpoena, or its participation in a civil action 
        or proceeding. 
           For every meeting closed pursuant to this provision, the 
        interstate commission's chief legal officer shall publicly 
        certify that, in the officer'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 therefor, 
        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.  
           The interstate commission shall collect standardized data 
        concerning the interstate movement of offenders as directed 
        through its bylaws and rules which shall specify the data to be 
        collected, the means of collection, and data exchange and 
        reporting requirements. 
                                 ARTICLE VIII
              RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
           The interstate commission shall promulgate rules in order 
        to effectively and efficiently achieve the purposes of the 
        compact, including transition rules governing administration of 
        the compact during the period in which it is being considered 
        and enacted by the states. 
           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 federal Administrative Procedure Act, United 
        States Code, title 5, section 551 et seq., and the federal 
        Advisory Committee Act, United States Code, title 5, appendix 2, 
        section 1 et seq., as may be amended (hereinafter "APA").  All 
        rules and amendments shall become binding as of the date 
        specified in each rule or amendment. 
           If a majority of the legislatures of the compacting states 
        rejects a rule, by enactment of a statute or resolution in the 
        same manner used to adopt the compact, then such rule shall have 
        no further force and effect in any compacting state. 
           When promulgating a rule, the interstate commission shall: 
           (1) publish the proposed rule stating with particularity 
        the text of the rule which is proposed and the reason for the 
        proposed rule; 
           (2) allow persons to submit written data, facts, opinions, 
        and arguments, which information shall be publicly available; 
           (3) provide an opportunity for an informal hearing; and 
           (4) promulgate a final rule and its effective date, if 
        appropriate, based on the rulemaking record. 
           Not later than 60 days after a rule is promulgated, any 
        interested person may 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 (as defined in the APA), in 
        the rulemaking record, the court shall hold the rule unlawful 
        and set it aside.  Subjects to be addressed within 12 months 
        after the first meeting must, at a minimum, include: 
           (1) notice to victims and opportunity to be heard; 
           (2) offender registration and compliance; 
           (3) violations/returns; 
           (4) transfer procedures and forms; 
           (5) eligibility for transfer; 
           (6) collection of restitution and fees from offenders; 
           (7) data collection and reporting; 
           (8) the level of supervision to be provided by the 
        receiving state; 
           (9) transition rules governing the operation of the compact 
        and the interstate commission during all or part of the period 
        between the effective date of the compact and the date on which 
        the last eligible state adopts the compact; and 
           (10) mediation, arbitration, and dispute resolution. 
           The existing rules governing the operation of the previous 
        compact superseded by this act shall be null and void 12 months 
        after the first meeting of the interstate commission created 
        hereunder. 
           Upon determination by the interstate commission that an 
        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, in no event later than 90 days after the effective 
        date of the rule. 
                                  ARTICLE IX
                OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
                         BY THE INTERSTATE COMMISSION 
           Section A.  [OVERSIGHT.] 
           The interstate commission shall oversee the interstate 
        movement of adult offenders in the compacting states and shall 
        monitor such activities being administered in noncompacting 
        states which may significantly affect compacting states. 
           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.  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, the interstate commission 
        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. 
           Section B.  [DISPUTE RESOLUTION.] 
           The compacting states shall report to the interstate 
        commission on issues or activities of concern to them, and 
        cooperate with and support the interstate commission in the 
        discharge of its duties and responsibilities. 
           The interstate commission shall attempt to resolve any 
        disputes or other issues which are subject to the compact and 
        which may arise among compacting states and noncompacting states.
           The interstate commission shall enact a bylaw or promulgate 
        a rule providing for both mediation and binding dispute 
        resolution for disputes among the compacting states. 
           Section C.  [ENFORCEMENT.] 
           The interstate commission, in the reasonable exercise of 
        its discretion, shall enforce the provisions of this compact 
        using any or all means set forth in article XII, section B, of 
        this compact. 
                                  ARTICLE X
                                   FINANCE
           The interstate commission shall pay or provide for the 
        payment of the reasonable expenses of its establishment, 
        organization, and ongoing activities. 
           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 the state and the volume of interstate movement of offenders 
        in each compacting state and shall promulgate a rule binding 
        upon all compacting states, which governs said assessment. 
           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. 
           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. 
           Minnesota's annual assessment shall not exceed $50,000.  
        The interstate compact for adult offender supervision 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 XI
               COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
           Any state, as defined in article II of this compact, is 
        eligible to become a compacting state.  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 latter of July 1, 2001, 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 will be 
        invited to participate in interstate commission activities on a 
        nonvoting basis prior to adoption of the compact by all states 
        and territories of the United States. 
           Amendments to the compact may be proposed by the interstate 
        commission 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 XII
          WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
           Section A.  [WITHDRAWAL.] 
           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 
        ("withdrawing state") by enacting a statute specifically 
        repealing the statute which enacted the compact into law. 
           The effective date of withdrawal is the effective date of 
        the repeal. 
           The withdrawing state shall immediately notify the 
        chairperson 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. 
           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. 
           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.  [DEFAULT.] 
           If the interstate commission determines that any compacting 
        state has at any time defaulted ("defaulting state") in the 
        performance of any of its obligations or responsibilities under 
        this compact, the bylaws, or any duly promulgated rules, the 
        interstate commission may impose any or all of the following 
        penalties: 
           (1) fines, fees, and costs in such amounts as are deemed to 
        be reasonable as fixed by the interstate commission; 
           (2) remedial training and technical assistance as directed 
        by the interstate commission; and/or 
           (3) suspension and termination of membership in the compact.
        Suspension shall be imposed only after all other reasonable 
        means of securing compliance under the bylaws and rules have 
        been exhausted.  Immediate notice of suspension shall be given 
        by the interstate commission to the governor, the chief justice 
        or 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, interstate 
        commission bylaws, or duly promulgated rules.  The interstate 
        commission shall immediately notify the defaulting state in 
        writing of the penalty imposed by the interstate commission on 
        the defaulting state pending a cure of the default.  The 
        interstate 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 interstate commission, 
        in addition to any other penalties imposed herein, the 
        defaulting state may 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 suspension.  Within 60 
        days of the effective date of termination of a defaulting state, 
        the interstate 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. 
           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. 
           The interstate commission shall not bear any costs relating 
        to the defaulting state unless otherwise mutually agreed upon 
        between the interstate commission and the defaulting state.  
        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, or 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.] 
           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. 
           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 
        wound up and any surplus funds shall be distributed in 
        accordance with the bylaws. 
                                 ARTICLE XIII
                        SEVERABILITY AND CONSTRUCTION
           The provisions of this compact shall be severable, and if 
        any phrase, clause, sentence, or provision is deemed 
        unenforceable, the remaining provisions of the compact shall be 
        enforceable. 
           The provisions of this compact shall be liberally 
        constructed to effectuate its purposes. 
                                 ARTICLE XIV
                   BINDING EFFECT OF COMPACT AND OTHER LAWS
           Section A.  [OTHER LAWS.] 
           Nothing herein prevents the enforcement of any other law of 
        a compacting state that is not inconsistent with this compact. 
           All compacting states' laws conflicting with this compact 
        are superseded to the extent of the conflict.  
           Section B.  [BINDING EFFECT OF THE COMPACT.] 
           All lawful actions of the interstate commission, including 
        all rules and bylaws promulgated by the interstate commission, 
        are binding upon the compacting states. 
           All agreements between the interstate commission and the 
        compacting states are binding in accordance with their terms. 
           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 or 
        interpretation. 
           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. 
           Sec. 2.  [243.1606] [ADVISORY COUNCIL ON INTERSTATE ADULT 
        OFFENDER SUPERVISION.] 
           Subdivision 1.  [MEMBERSHIP.] The advisory council on 
        interstate adult offender supervision consists 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; and 
           (6) the executive director of the center for crime victim 
        services. 
           The council may elect a chair from among its members. 
           Subd. 2.  [DUTIES.] The council shall oversee and 
        administer the state's participation in the compact described in 
        section 243.1605.  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 January 15 of each year, the 
        council shall report to the governor and the legislature on its 
        activities and the activities of the interstate commission and 
        executive committee as described in section 243.1605 for the 
        preceding year.  The report also must include an assessment of 
        how the interstate compact is functioning both within and 
        without the state. 
           Subd. 4.  [EXPIRATION; EXPENSES.] The provisions of section 
        15.059 apply to the council except that it does not expire.  
           Sec. 3.  [243.1607] [INTERSTATE ADULT OFFENDER SUPERVISION 
        COMPACT ADMINISTRATOR.] 
           (a) The commissioner of corrections or the commissioner's 
        designee shall serve as the compact administrator. 
           (b) In addition to fulfilling the duties of compact 
        administrator as described in the compact and under the rules 
        and bylaws adopted to it, the compact administrator shall serve 
        on the advisory council on interstate adult offender supervision 
        described in section 243.1606.  The compact administrator shall 
        cooperate with the council and report to it regularly on all 
        aspects of the state's participation in the compact. 
           (c) 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 commissioner under section 
        243.1605, article XII, section B. 
           Sec. 4.  [243.1608] [APPLICATION OF INTERSTATE COMPACT.] 
           The interstate compact for adult offender supervision under 
        section 243.1605 applies in all adult offender supervision 
        proceedings where the first meeting of the interstate commission 
        created under section 243.1605 has occurred and the other states 
        involved in adult offender supervision have adopted a similar 
        compact.  In all other cases, the interstate compact for the 
        supervision of parolees and probationers under section 243.16 
        applies. 
           Sec. 5.  Minnesota Statutes 2000, section 243.161, is 
        amended to read: 
           243.161 [RESIDING IN MINNESOTA WITHOUT PERMISSION UNDER 
        INTERSTATE COMPACT; PENALTY.] 
           Subdivision 1.  [VIOLATION OF COMPACT FOR PAROLEE AND 
        PROBATIONER SUPERVISION.] Any person who is on parole or 
        probation in another state who resides in this state in 
        violation of section 243.16 may be sentenced to imprisonment for 
        not more than five years or to payment of a fine of not more 
        than $10,000, or both. 
           Subd. 2.  [VIOLATION OF COMPACT FOR ADULT OFFENDER 
        SUPERVISION.] Any person who is on parole, probation, or other 
        form of correctional supervision in another state who resides in 
        this state in violation of the terms or rules of the interstate 
        compact for adult offender supervision described in section 
        243.1605 may be sentenced to imprisonment for not more than five 
        years or to payment of a fine of not more than $10,000, or both. 
           Sec. 6.  [APPROPRIATION.] 
           $....... for the fiscal year ending June 30, 2003, is 
        appropriated from the general fund to the commissioner of 
        corrections for obligations arising out of the state's entry 
        into the interstate compact described in Minnesota Statutes, 
        section 243.1605. 
           Sec. 7.  [REPEALER.] 
           Minnesota Statutes 2000, section 243.16; and sections 4; 
        and 5, subdivision 1, are repealed. 
           Sec. 8.  [EFFECTIVE DATE.] 
           (a) Sections 1 to 4 and 6 are effective the day following 
        final enactment, or when the 35th state enacts the compact 
        described in section 1, whichever occurs later. 
           (b) Section 5 is effective August 1, 2002, and applies to 
        crimes committed on or after that date. 
           (c) Section 7 is effective July 1, 2004. 
           Presented to the governor March 22, 2002 
           Signed by the governor March 25, 2002, 2:19 p.m.