Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 155-H.F.No. 2651
An act relating to corrections; amending the
Interstate Compact for Adult Offender Supervision by
providing procedures for retaking and reincarceration
of parolees and probationers; delaying the repeal of
the interstate compact for the supervision of parolees
and probationers to provide more transition time for
adoption of rules under the new compact; amending
Minnesota Statutes 2002, section 243.1605; Laws 2002,
chapter 268, section 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 243.1605, is
amended to read:
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 the Interstate 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.
ARTICLE XV
ADMINISTRATION OF PAROLEE OR PROBATIONER
Section A. [RETAKING OF PAROLEE OR PROBATIONER.]
Where supervision of a parolee or probationer is being
administered pursuant to the Interstate Compact for Adult
Supervision, the appropriate judicial or administrative
authorities in this state shall notify the compact administrator
of the sending state whenever, in their view, consideration
should be given to retaking or reincarceration for a parole or
probation violation. Prior to the giving of any such
notification, a hearing shall be held in accordance with this
subdivision within a reasonable time, unless the parolee or
probationer waives such hearing. The appropriate officer or
officers of this state shall as soon as practicable, following
termination of any such hearing, report to the sending state,
furnish a copy of the hearing record, and make recommendations
regarding the disposition to be made of the parolee or
probationer by the sending state. Pending any proceeding
pursuant to this article, the appropriate officers of this state
may take custody of and detain the parolee or probationer
involved for a period not to exceed 12 days prior to the hearing
and, if it appears to the hearing officer or officers that
retaking or reincarceration is likely to follow, for such
reasonable period after the hearing or waiver as may be
necessary to arrange for the retaking or reincarceration.
Section B. [HEARING.]
Any hearing pursuant to this article may be before any
person authorized pursuant to the laws of this state to hear
cases of alleged parole or probation violations, except that no
hearing officer shall be the person making the allegation of
violation.
Section C. [PAROLEE AND PROBATIONER HEARING RIGHTS.]
With respect to any hearing pursuant to this article, the
parolee or probationer:
(1) shall have reasonable notice in writing of the nature
and content of the allegations to be made, including notice that
its purpose is to determine whether there is probable cause to
believe that the parolee or probationer has committed a
violation that may lead to revocation of parole or probation;
(2) shall be permitted to advise with any person whose
assistance the parolee or probationer reasonably desires, prior
to the hearing;
(3) shall have the right to confront and examine any
persons who have made allegations against the parolee or
probationer, unless the hearing officer determines that such
confrontation would present a substantial present or subsequent
danger of harm to such person or persons; and
(4) may admit, deny, or explain the violation alleged and
may present proof, including affidavits and other evidence, in
support of the parolee's or probationer's contentions.
Section D. [RECORD.]
A record of the proceedings shall be made and preserved.
Section E. [HEARING; APPROPRIATE JUDICIAL OFFICER.]
In any case of alleged parole or probation violation by a
person being supervised in another state pursuant to the
Interstate Compact for Adult Supervision, any appropriate
judicial or administrative officer or agency in another state is
authorized to hold a hearing on the alleged violation. Upon
receipt of the record of a parole or probation violation hearing
held in another state pursuant to a statute substantially
similar to this article, such record shall have the same
standing and effect as though the proceeding of which it is a
record was had before the appropriate officer or officers in
this state, and any recommendations contained in or accompanying
the record shall be fully considered by the appropriate officer
or officers of this state in making disposition of the matter.
Sec. 2. Laws 2002, chapter 268, section 8, is amended to
read:
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 2006.
Presented to the governor April 12, 2004
Signed by the governor April 14, 2004, 4:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes