{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-323.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-323.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-323.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-323.html"}],"law_id":84962,"edition_id":1,"section_id":84962,"structure_id":16170,"section_number":"16.1-323","catch_line":"Governor to execute; form of compact","history":"Code 1950, \u00a7 16.1-213.1; 1977, c. 559; 2007, cc. 277, 387.","full_text":"The Governor of Virginia is hereby authorized and requested to execute, on behalf of the Commonwealth of Virginia, with any other state or states legally joining therein, a compact which shall be in form substantially as follows:\n\t\tArticle I. Purpose.\n\t\tThe compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress by enacting the Crime Control Act, 4 U.S.C. \u00a7 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.\n\t\tIt is the purpose of this compact, through means of joint and cooperative action among the compacting states, to (i) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (ii) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (iii) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (iv) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (v) provide for the effective tracking and supervision of juveniles; (vi) equitably allocate the costs, benefits and obligations of the compacting states; (vii) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; (viii) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (ix) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (x) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (xi) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (xii) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (xiii) coordinate the implementation and operation of the compact with the Interstate Compact on the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.\n\t\tArticle II. Definitions.\n\t\tAs used in this compact, unless the context clearly requires a different construction:\n\t\t“Bylaws” means those bylaws established by the Interstate Commission for its governance or for directing or controlling its actions or conduct.\n\t\t“Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.\n\t\t“Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the state council under this compact.\n\t\t“Compacting state” means any state that has enacted the enabling legislation for this compact.\n\t\t“Court” means any court having jurisdiction over delinquent, neglected, or dependent children.\n\t\t“Deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact.\n\t\t“Interstate Commission” means the Interstate Commission for Juveniles created by Article III of this compact.\n\t\t“Juvenile” means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:\n\n1\n\nAccused delinquent: a person charged with an offense that, if committed by an adult, would be a criminal offense;2\n\nAccused status offender: a person charged with an offense that would not be a criminal offense if committed by an adult;3\n\nAdjudicated delinquent: a person found to have committed an offense that, if committed by an adult, would be a criminal offense;4\n\nAdjudicated status offender: a person found to have committed an offense that would not be a criminal offense if committed by an adult; and5\n\nNonoffender: a person in need of supervision who has not been accused of being or adjudicated a status offender or delinquent.\n\t\t\t“Noncompacting state” means any state that has not enacted the enabling legislation for this compact.\n\t\t\t“Probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.\n\t\t\t“Rule” means a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, that has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.\n\t\t\t“State” means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Northern Marianas Islands.\n\t\t\tArticle III. Interstate Commission for Juveniles.A\n\nThe compacting states hereby create the “Interstate Commission for Juveniles.” The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein and additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.B\n\nThe Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created in Article IX. The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.C\n\nIn 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 shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact on the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional ex officio (nonvoting) members, including members of other national organizations, in such numbers as shall be determined by the commission.D\n\nEach compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.E\n\nThe commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.F\n\nThe Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administer enforcement and compliance with the provisions of the compact, its bylaws, and rules; and perform other duties as directed by the Interstate Commission or set forth in the bylaws.G\n\nEach member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specific meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.H\n\nThe 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 that they would adversely affect personal privacy rights or proprietary interests.I\n\nPublic notice shall be given of all meetings, and all meetings shall be open to the public except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:1\n\nRelate solely to the Interstate Commission’s internal personnel practices and procedures;2\n\nDisclose matters specifically exempted from disclosure by statute;3\n\nDisclose trade secrets or commercial or financial information that is privileged or confidential;4\n\nInvolve accusing any person of a crime or formally censuring any person;5\n\nDisclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;6\n\nDisclose investigative records compiled for law-enforcement purposes;7\n\nDisclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;8\n\nDisclose information the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or9\n\nSpecifically relate to the Interstate Commission’s issuance of a subpoena or its participation in a civil action or other legal proceeding.J\n\nFor every meeting closed pursuant to this provision, the Interstate Commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes that 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 the minutes.K\n\nThe Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules that shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.\n\t\t\t\tArticle IV. Powers and Duties of the Interstate Commission.\n\t\t\t\tThe commission shall have the following powers and duties:1\n\nTo provide for dispute resolution among compacting states;2\n\nTo promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;3\n\nTo oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission;4\n\nTo enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;5\n\nTo establish and maintain offices that shall be located within one or more of the compacting states;6\n\nTo purchase and maintain insurance and bonds;7\n\nTo borrow, accept, hire, or contract for services of personnel;8\n\nTo establish and appoint committees and hire staff that it deems necessary for carrying out its functions including but not limited to an executive committee as required by Article III that shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;9\n\nTo elect or appoint such officers, attorneys, employees, agents, or consultants and to fix their compensation, define their duties and determine their qualifications and to establish the Interstate Commission’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel;10\n\nTo accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it;11\n\nTo lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;12\n\nTo sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;13\n\nTo establish a budget and make expenditures and levy dues as provided in Article VIII of this compact;14\n\nTo sue and be sued;15\n\nTo adopt a seal and bylaws governing the management and operation of the Interstate Commission;16\n\nTo perform such functions as may be necessary or appropriate to achieve the purposes of this compact;17\n\nTo report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;18\n\nTo coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity;19\n\nTo establish uniform standards of the reporting, collecting, and exchanging of data; and20\n\nTo maintain its corporate books and records in accordance with the bylaws.\n\t\t\tArticle V. Organization and Operation of the Interstate Commission.A\n\nBylaws.1\n\nThe Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including but not limited to:\n\t\t\ta. Establishing the fiscal year of the Interstate Commission;\n\t\t\tb. Establishing an executive committee and such other committees as may be necessary;\n\t\t\tc. Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;\n\t\t\td. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;\n\t\t\te. Establishing the titles and responsibilities of the officers of the Interstate Commission;\n\t\t\tf. Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all its debts and obligations;\n\t\t\tg. Providing start-up rules for initial administration of the compact; and\n\t\t\th. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.B\n\nOfficers and staff.1\n\nThe Interstate Commission shall, by a majority of the members, elect annually from among its members a chairman and a vice-chairman, each of whom shall have such authority and duties as may be specified in the bylaws. The chairman or, in the chairman’s absence or disability, the vice-chairman 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 ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.2\n\nThe Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.C\n\nQualified immunity, defense and indemnification.1\n\nThe commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by, arising out of, or relating to any actual or alleged act, error, or omission that occurred or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; however, any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.2\n\nThe liability of any commissioner or the employee or agent of a commissioner, acting within the scope of such person’s employment or duties, for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.3\n\nThe Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.4\n\nThe Interstate Commission shall indemnify and hold the commissioner of a compacting state, the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.\n\t\t\tArticle VI. Rulemaking Functions of the Interstate Commission.A\n\nThe Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.B\n\nRulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the Model State Administrative Procedure Act, 1981 Act, Uniform Laws Annotated, vol. 15, p. 1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.C\n\nWhen promulgating a rule, the Interstate Commission shall, at a minimum:1\n\nPublish the proposed rule’s entire text, stating the reasons for that proposed rule;2\n\nAllow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record and be made publicly available;3\n\nProvide an opportunity for an informal hearing if petitioned by 10 or more persons; and4\n\nPromulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.D\n\nAllow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedure Act.E\n\nIf a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.F\n\nThe existing rules governing the operation of the Interstate Compact on Juveniles superseded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.G\n\nUpon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule that shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.\n\t\t\t\tArticle VII. Oversight, Enforcement and Dispute Resolution by the Interstate Commission.A\n\nOversight.1\n\nThe Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states that might significantly affect compacting states.2\n\nThe courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes.B\n\nDispute resolution.1\n\nThe compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.2\n\nThe Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.3\n\nThe Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any means set forth in Article XI of this compact.\n\t\t\tArticle VIII. Finance.A\n\nThe Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.B\n\nThe 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 that shall be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states that governs said assessment.C\n\nThe Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet them; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.D\n\nThe 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.\n\t\t\t\tArticle IX. The State Council.\n\t\t\t\tEach member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership shall include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state’s participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to development of policy concerning operations and procedures of the compact within that state.\n\t\t\t\tArticle X. Compacting States, Effective Date and Amendment.A\n\nAny state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands are eligible to become a compacting state.B\n\nThe compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment of the compact into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.C\n\nThe Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.\n\t\t\t\tArticle XI. Withdrawal, Default, Termination, and Judicial Enforcement.A\n\nWithdrawal.1\n\nOnce effective, the compact shall continue in force and remain binding upon each compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.2\n\nThe effective date of withdrawal is the effective date of the repeal.3\n\nThe withdrawing state shall immediately notify the chairman of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.4\n\nThe withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extends beyond the effective date of withdrawal.5\n\nReinstatement following withdrawal of any compacting state shall occur upon the withdrawing state’s reenacting the compact or upon such later date as determined by the Interstate Commission.B\n\nTechnical assistance, fines, suspension, termination, and default.1\n\nIf the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws, or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:\n\t\t\ta. Remedial training and technical assistance as directed by the Interstate Commission;\n\t\t\tb. Alternative dispute resolution;\n\t\t\tc. Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and\n\t\t\td. Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the state council. The grounds for default include but are not limited to failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly promulgated rules and any other grounds designated in commission bylaws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state shall cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.2\n\nWithin 60 days of the effective date of the termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the state council.3\n\nThe defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations the performance of which extends beyond the effective date of termination.4\n\nThe Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.5\n\nReinstatement 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.C\n\nJudicial enforcement.\n\t\t\t\tThe Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules, and bylaws, against any compacting state in default. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.D\n\nDissolution of compact.1\n\nThe compact dissolves effective upon the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state.2\n\nUpon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.\n\t\t\tArticle XII. Severability and Construction.A\n\nThe 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.B\n\nThe provisions of this compact shall be liberally construed to effectuate its purposes.\n\t\t\t\tArticle XIII. Binding Effect of Compact and Other Laws.A\n\nOther laws.1\n\nNothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.2\n\nAll compacting states’ laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.B\n\nBinding effect of the compact.1\n\nAll lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.2\n\nAll agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.3\n\nWhen there is a conflict over meaning or interpretation of Interstate Commission, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation upon the request of a party to the conflict and upon a majority vote of the compacting states.4\n\nIn the event that 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.","order_by":null,"text":{"0":{"id":304437,"text":"The Governor of Virginia is hereby authorized and requested to execute, on behalf of the Commonwealth of Virginia, with any other state or states legally joining therein, a compact which shall be in form substantially as follows:\n\t\tArticle I. Purpose.\n\t\tThe compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress by enacting the Crime Control Act, 4 U.S.C. \u00a7 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.\n\t\tIt is the purpose of this compact, through means of joint and cooperative action among the compacting states, to (i) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (ii) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (iii) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (iv) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (v) provide for the effective tracking and supervision of juveniles; (vi) equitably allocate the costs, benefits and obligations of the compacting states; (vii) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; (viii) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (ix) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (x) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (xi) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (xii) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (xiii) coordinate the implementation and operation of the compact with the Interstate Compact on the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.\n\t\tArticle II. Definitions.\n\t\tAs used in this compact, unless the context clearly requires a different construction:\n\t\t“Bylaws” means those bylaws established by the Interstate Commission for its governance or for directing or controlling its actions or conduct.\n\t\t“Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.\n\t\t“Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the state council under this compact.\n\t\t“Compacting state” means any state that has enacted the enabling legislation for this compact.\n\t\t“Court” means any court having jurisdiction over delinquent, neglected, or dependent children.\n\t\t“Deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact.\n\t\t“Interstate Commission” means the Interstate Commission for Juveniles created by Article III of this compact.\n\t\t“Juvenile” means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":304438,"text":"Accused delinquent: a person charged with an offense that, if committed by an adult, would be a criminal offense;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":304439,"text":"Accused status offender: a person charged with an offense that would not be a criminal offense if committed by an adult;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":304440,"text":"Adjudicated delinquent: a person found to have committed an offense that, if committed by an adult, would be a criminal offense;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":304441,"text":"Adjudicated status offender: a person found to have committed an offense that would not be a criminal offense if committed by an adult; and","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":304442,"text":"Nonoffender: a person in need of supervision who has not been accused of being or adjudicated a status offender or delinquent.\n\t\t\t“Noncompacting state” means any state that has not enacted the enabling legislation for this compact.\n\t\t\t“Probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.\n\t\t\t“Rule” means a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, that has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.\n\t\t\t“State” means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Northern Marianas Islands.\n\t\t\tArticle III. Interstate Commission for Juveniles.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5A"},"6":{"id":304443,"text":"The compacting states hereby create the “Interstate Commission for Juveniles.” The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein and 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.","type":"section","prefixes":["5","A"],"prefix":"A","entire_prefix":"5A","prefix_anchor":"5A","level":2,"prior_prefix":"5","next_prefix":"5B"},"7":{"id":304444,"text":"The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created in Article IX. The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.","type":"section","prefixes":["5","B"],"prefix":"B","entire_prefix":"5B","prefix_anchor":"5B","level":2,"prior_prefix":"5A","next_prefix":"5C"},"8":{"id":304445,"text":"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 shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact on the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional ex officio (nonvoting) members, including members of other national organizations, in such numbers as shall be determined by the commission.","type":"section","prefixes":["5","C"],"prefix":"C","entire_prefix":"5C","prefix_anchor":"5C","level":2,"prior_prefix":"5B","next_prefix":"5D"},"9":{"id":304446,"text":"Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.","type":"section","prefixes":["5","D"],"prefix":"D","entire_prefix":"5D","prefix_anchor":"5D","level":2,"prior_prefix":"5C","next_prefix":"5E"},"10":{"id":304447,"text":"The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.","type":"section","prefixes":["5","E"],"prefix":"E","entire_prefix":"5E","prefix_anchor":"5E","level":2,"prior_prefix":"5D","next_prefix":"5F"},"11":{"id":304448,"text":"The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administer enforcement and compliance with the provisions of the compact, its bylaws, and rules; and perform other duties as directed by the Interstate Commission or set forth in the bylaws.","type":"section","prefixes":["5","F"],"prefix":"F","entire_prefix":"5F","prefix_anchor":"5F","level":2,"prior_prefix":"5E","next_prefix":"5G"},"12":{"id":304449,"text":"Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specific meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.","type":"section","prefixes":["5","G"],"prefix":"G","entire_prefix":"5G","prefix_anchor":"5G","level":2,"prior_prefix":"5F","next_prefix":"5H"},"13":{"id":304450,"text":"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 that they would adversely affect personal privacy rights or proprietary interests.","type":"section","prefixes":["5","H"],"prefix":"H","entire_prefix":"5H","prefix_anchor":"5H","level":2,"prior_prefix":"5G","next_prefix":"5I"},"14":{"id":304451,"text":"Public notice shall be given of all meetings, and all meetings shall be open to the public except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:","type":"section","prefixes":["5","I"],"prefix":"I","entire_prefix":"5I","prefix_anchor":"5I","level":2,"prior_prefix":"5H","next_prefix":"1"},"15":{"id":304452,"text":"Relate solely to the Interstate Commission’s internal personnel practices and procedures;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5I","next_prefix":"2"},"16":{"id":304453,"text":"Disclose matters specifically exempted from disclosure by statute;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"17":{"id":304454,"text":"Disclose trade secrets or commercial or financial information that is privileged or confidential;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"18":{"id":304455,"text":"Involve accusing any person of a crime or formally censuring any person;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"19":{"id":304456,"text":"Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"20":{"id":304457,"text":"Disclose investigative records compiled for law-enforcement purposes;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"21":{"id":304458,"text":"Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"22":{"id":304459,"text":"Disclose information the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"23":{"id":304460,"text":"Specifically relate to the Interstate Commission’s issuance of a subpoena or its participation in a civil action or other legal proceeding.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"9J"},"24":{"id":304461,"text":"For every meeting closed pursuant to this provision, the Interstate Commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes that 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 the minutes.","type":"section","prefixes":["9","J"],"prefix":"J","entire_prefix":"9J","prefix_anchor":"9J","level":2,"prior_prefix":"9","next_prefix":"9K"},"25":{"id":304462,"text":"The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules that shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.\n\t\t\t\tArticle IV. Powers and Duties of the Interstate Commission.\n\t\t\t\tThe commission shall have the following powers and duties:","type":"section","prefixes":["9","K"],"prefix":"K","entire_prefix":"9K","prefix_anchor":"9K","level":2,"prior_prefix":"9J","next_prefix":"1"},"26":{"id":304463,"text":"To provide for dispute resolution among compacting states;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"9K","next_prefix":"2"},"27":{"id":304464,"text":"To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"28":{"id":304465,"text":"To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"29":{"id":304466,"text":"To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"30":{"id":304467,"text":"To establish and maintain offices that shall be located within one or more of the compacting states;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"31":{"id":304468,"text":"To purchase and maintain insurance and bonds;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"32":{"id":304469,"text":"To borrow, accept, hire, or contract for services of personnel;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"33":{"id":304470,"text":"To establish and appoint committees and hire staff that it deems necessary for carrying out its functions including but not limited to an executive committee as required by Article III that shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"34":{"id":304471,"text":"To elect or appoint such officers, attorneys, employees, agents, or consultants and to fix their compensation, define their duties and determine their qualifications and to establish the Interstate Commission’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"35":{"id":304472,"text":"To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"36":{"id":304473,"text":"To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"37":{"id":304474,"text":"To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"38":{"id":304475,"text":"To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact;","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"39":{"id":304476,"text":"To sue and be sued;","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"40":{"id":304477,"text":"To adopt a seal and bylaws governing the management and operation of the Interstate Commission;","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"41":{"id":304478,"text":"To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"42":{"id":304479,"text":"To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"43":{"id":304480,"text":"To coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity;","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"44":{"id":304481,"text":"To establish uniform standards of the reporting, collecting, and exchanging of data; and","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18","next_prefix":"20"},"45":{"id":304482,"text":"To maintain its corporate books and records in accordance with the bylaws.\n\t\t\tArticle V. Organization and Operation of the Interstate Commission.","type":"section","prefixes":["20"],"prefix":"20","entire_prefix":"20","prefix_anchor":"20","level":1,"prior_prefix":"19","next_prefix":"20A"},"46":{"id":304483,"text":"Bylaws.","type":"section","prefixes":["20","A"],"prefix":"A","entire_prefix":"20A","prefix_anchor":"20A","level":2,"prior_prefix":"20","next_prefix":"1"},"47":{"id":304484,"text":"The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including but not limited to:\n\t\t\ta. Establishing the fiscal year of the Interstate Commission;\n\t\t\tb. Establishing an executive committee and such other committees as may be necessary;\n\t\t\tc. Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;\n\t\t\td. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;\n\t\t\te. Establishing the titles and responsibilities of the officers of the Interstate Commission;\n\t\t\tf. Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all its debts and obligations;\n\t\t\tg. Providing start-up rules for initial administration of the compact; and\n\t\t\th. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"20A","next_prefix":"1B"},"48":{"id":304485,"text":"Officers and staff.","type":"section","prefixes":["1","B"],"prefix":"B","entire_prefix":"1B","prefix_anchor":"1B","level":2,"prior_prefix":"1","next_prefix":"1"},"49":{"id":304486,"text":"The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairman and a vice-chairman, each of whom shall have such authority and duties as may be specified in the bylaws. The chairman or, in the chairman’s absence or disability, the vice-chairman 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 ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"1B","next_prefix":"2"},"50":{"id":304487,"text":"The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2C"},"51":{"id":304488,"text":"Qualified immunity, defense and indemnification.","type":"section","prefixes":["2","C"],"prefix":"C","entire_prefix":"2C","prefix_anchor":"2C","level":2,"prior_prefix":"2","next_prefix":"1"},"52":{"id":304489,"text":"The commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by, arising out of, or relating to any actual or alleged act, error, or omission that occurred or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; however, any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2C","next_prefix":"2"},"53":{"id":304490,"text":"The liability of any commissioner or the employee or agent of a commissioner, acting within the scope of such person’s employment or duties, for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"54":{"id":304491,"text":"The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"55":{"id":304492,"text":"The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.\n\t\t\tArticle VI. Rulemaking Functions of the Interstate Commission.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4A"},"56":{"id":304493,"text":"The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.","type":"section","prefixes":["4","A"],"prefix":"A","entire_prefix":"4A","prefix_anchor":"4A","level":2,"prior_prefix":"4","next_prefix":"4B"},"57":{"id":304494,"text":"Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the Model State Administrative Procedure Act, 1981 Act, Uniform Laws Annotated, vol. 15, p. 1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.","type":"section","prefixes":["4","B"],"prefix":"B","entire_prefix":"4B","prefix_anchor":"4B","level":2,"prior_prefix":"4A","next_prefix":"4C"},"58":{"id":304495,"text":"When promulgating a rule, the Interstate Commission shall, at a minimum:","type":"section","prefixes":["4","C"],"prefix":"C","entire_prefix":"4C","prefix_anchor":"4C","level":2,"prior_prefix":"4B","next_prefix":"1"},"59":{"id":304496,"text":"Publish the proposed rule’s entire text, stating the reasons for that proposed rule;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4C","next_prefix":"2"},"60":{"id":304497,"text":"Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record and be made publicly available;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"61":{"id":304498,"text":"Provide an opportunity for an informal hearing if petitioned by 10 or more persons; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"62":{"id":304499,"text":"Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4D"},"63":{"id":304500,"text":"Allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedure Act.","type":"section","prefixes":["4","D"],"prefix":"D","entire_prefix":"4D","prefix_anchor":"4D","level":2,"prior_prefix":"4","next_prefix":"4E"},"64":{"id":304501,"text":"If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.","type":"section","prefixes":["4","E"],"prefix":"E","entire_prefix":"4E","prefix_anchor":"4E","level":2,"prior_prefix":"4D","next_prefix":"4F"},"65":{"id":304502,"text":"The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.","type":"section","prefixes":["4","F"],"prefix":"F","entire_prefix":"4F","prefix_anchor":"4F","level":2,"prior_prefix":"4E","next_prefix":"4G"},"66":{"id":304503,"text":"Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule that shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.\n\t\t\t\tArticle VII. Oversight, Enforcement and Dispute Resolution by the Interstate Commission.","type":"section","prefixes":["4","G"],"prefix":"G","entire_prefix":"4G","prefix_anchor":"4G","level":2,"prior_prefix":"4F","next_prefix":"4A"},"67":{"id":304504,"text":"Oversight.","type":"section","prefixes":["4","A"],"prefix":"A","entire_prefix":"4A","prefix_anchor":"4A","level":2,"prior_prefix":"4G","next_prefix":"1"},"68":{"id":304505,"text":"The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states that might significantly affect compacting states.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4A","next_prefix":"2"},"69":{"id":304506,"text":"The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2B"},"70":{"id":304507,"text":"Dispute resolution.","type":"section","prefixes":["2","B"],"prefix":"B","entire_prefix":"2B","prefix_anchor":"2B","level":2,"prior_prefix":"2","next_prefix":"1"},"71":{"id":304508,"text":"The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2B","next_prefix":"2"},"72":{"id":304509,"text":"The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"73":{"id":304510,"text":"The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any means set forth in Article XI of this compact.\n\t\t\tArticle VIII. Finance.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3A"},"74":{"id":304511,"text":"The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.","type":"section","prefixes":["3","A"],"prefix":"A","entire_prefix":"3A","prefix_anchor":"3A","level":2,"prior_prefix":"3","next_prefix":"3B"},"75":{"id":304512,"text":"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 that shall be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states that governs said assessment.","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3A","next_prefix":"3C"},"76":{"id":304513,"text":"The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet them; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.","type":"section","prefixes":["3","C"],"prefix":"C","entire_prefix":"3C","prefix_anchor":"3C","level":2,"prior_prefix":"3B","next_prefix":"3D"},"77":{"id":304514,"text":"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.\n\t\t\t\tArticle IX. The State Council.\n\t\t\t\tEach member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership shall include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state’s participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to development of policy concerning operations and procedures of the compact within that state.\n\t\t\t\tArticle X. Compacting States, Effective Date and Amendment.","type":"section","prefixes":["3","D"],"prefix":"D","entire_prefix":"3D","prefix_anchor":"3D","level":2,"prior_prefix":"3C","next_prefix":"3A"},"78":{"id":304515,"text":"Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands are eligible to become a compacting state.","type":"section","prefixes":["3","A"],"prefix":"A","entire_prefix":"3A","prefix_anchor":"3A","level":2,"prior_prefix":"3D","next_prefix":"3B"},"79":{"id":304516,"text":"The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment of the compact into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3A","next_prefix":"3C"},"80":{"id":304517,"text":"The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.\n\t\t\t\tArticle XI. Withdrawal, Default, Termination, and Judicial Enforcement.","type":"section","prefixes":["3","C"],"prefix":"C","entire_prefix":"3C","prefix_anchor":"3C","level":2,"prior_prefix":"3B","next_prefix":"3A"},"81":{"id":304518,"text":"Withdrawal.","type":"section","prefixes":["3","A"],"prefix":"A","entire_prefix":"3A","prefix_anchor":"3A","level":2,"prior_prefix":"3C","next_prefix":"1"},"82":{"id":304519,"text":"Once effective, the compact shall continue in force and remain binding upon each compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3A","next_prefix":"2"},"83":{"id":304520,"text":"The effective date of withdrawal is the effective date of the repeal.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"84":{"id":304521,"text":"The withdrawing state shall immediately notify the chairman 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"85":{"id":304522,"text":"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 extends beyond the effective date of withdrawal.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"86":{"id":304523,"text":"Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state’s reenacting the compact or upon such later date as determined by the Interstate Commission.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5B"},"87":{"id":304524,"text":"Technical assistance, fines, suspension, termination, and default.","type":"section","prefixes":["5","B"],"prefix":"B","entire_prefix":"5B","prefix_anchor":"5B","level":2,"prior_prefix":"5","next_prefix":"1"},"88":{"id":304525,"text":"If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws, or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:\n\t\t\ta. Remedial training and technical assistance as directed by the Interstate Commission;\n\t\t\tb. Alternative dispute resolution;\n\t\t\tc. Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and\n\t\t\td. Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the state council. The grounds for default include but are not limited to failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly promulgated rules and any other grounds designated in commission bylaws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state shall cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5B","next_prefix":"2"},"89":{"id":304526,"text":"Within 60 days of the effective date of the termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the state council.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"90":{"id":304527,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"91":{"id":304528,"text":"The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"92":{"id":304529,"text":"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.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5C"},"93":{"id":304530,"text":"Judicial enforcement.\n\t\t\t\tThe Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules, and bylaws, against any compacting state in default. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.","type":"section","prefixes":["5","C"],"prefix":"C","entire_prefix":"5C","prefix_anchor":"5C","level":2,"prior_prefix":"5","next_prefix":"5D"},"94":{"id":304531,"text":"Dissolution of compact.","type":"section","prefixes":["5","D"],"prefix":"D","entire_prefix":"5D","prefix_anchor":"5D","level":2,"prior_prefix":"5C","next_prefix":"1"},"95":{"id":304532,"text":"The compact dissolves effective upon the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5D","next_prefix":"2"},"96":{"id":304533,"text":"Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.\n\t\t\tArticle XII. Severability and Construction.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2A"},"97":{"id":304534,"text":"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.","type":"section","prefixes":["2","A"],"prefix":"A","entire_prefix":"2A","prefix_anchor":"2A","level":2,"prior_prefix":"2","next_prefix":"2B"},"98":{"id":304535,"text":"The provisions of this compact shall be liberally construed to effectuate its purposes.\n\t\t\t\tArticle XIII. Binding Effect of Compact and Other Laws.","type":"section","prefixes":["2","B"],"prefix":"B","entire_prefix":"2B","prefix_anchor":"2B","level":2,"prior_prefix":"2A","next_prefix":"2A"},"99":{"id":304536,"text":"Other laws.","type":"section","prefixes":["2","A"],"prefix":"A","entire_prefix":"2A","prefix_anchor":"2A","level":2,"prior_prefix":"2B","next_prefix":"1"},"100":{"id":304537,"text":"Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2A","next_prefix":"2"},"101":{"id":304538,"text":"All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2B"},"102":{"id":304539,"text":"Binding effect of the compact.","type":"section","prefixes":["2","B"],"prefix":"B","entire_prefix":"2B","prefix_anchor":"2B","level":2,"prior_prefix":"2","next_prefix":"1"},"103":{"id":304540,"text":"All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2B","next_prefix":"2"},"104":{"id":304541,"text":"All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"105":{"id":304542,"text":"When there is a conflict over meaning or interpretation of Interstate Commission, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation upon the request of a party to the conflict and upon a majority vote of the compacting states.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"106":{"id":304543,"text":"In the event that 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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":16170,"edition_id":1,"name":"Interstate Compact Relating to Juveniles","identifier":"14","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 04:07:59","date_modified":"2026-06-26 04:07:59","permalink":{"id":161203,"object_type":"structure","relational_id":16170,"identifier":"14","token":"16.1\/11\/14","url":"\/16.1\/11\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84962,"structure_id":16170,"section_number":"16.1-323","catch_line":"Governor to execute; form of compact","url":"\/16.1-323\/","token":"16.1\/11\/14\/16.1-323","metadata":false},{"id":71354,"structure_id":16170,"section_number":"16.1-323.1","catch_line":"State Council for Interstate Compact for Juveniles","url":"\/16.1-323.1\/","token":"16.1\/11\/14\/16.1-323.1","metadata":false},{"id":64350,"structure_id":16170,"section_number":"16.1-324","catch_line":"Repealed","url":"\/16.1-324\/","token":"16.1\/11\/14\/16.1-324","metadata":false}],"next_section":{"id":71354,"structure_id":16170,"section_number":"16.1-323.1","catch_line":"State Council for Interstate Compact for Juveniles","url":"\/16.1-323.1\/","token":"16.1\/11\/14\/16.1-323.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-323\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 559; in 2007, chapters 277<\/a> and 387<\/a>.<\/p>","references":[{"id":66525,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","order_by":null,"url":"\/16.1-248.1\/"}],"refers_to":false,"permalink":{"id":161205,"object_type":"law","relational_id":84962,"identifier":"16.1-323","token":"16.1\/11\/14\/16.1-323","url":"\/16.1-323\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-323\/","token":"16.1\/11\/14\/16.1-323","dublin_core":{"Title":"Governor to execute; form of compact","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-323","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Governor of Virginia is hereby authorized and requested to execute, on behalf of the Commonwealth of Virginia, with any other state or states legally joining therein, a compact which shall be in form substantially as follows:\n\t\tArticle I. Purpose.\n\t\tThe compacting states<\/span> to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles<\/span>, delinquents, and status offenders<\/span> who are on probation or parole<\/span> and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states<\/span> also recognize that each state is responsible for the safe return of juveniles<\/span> who have run away from home and in doing so have left their state of residence. The compacting states<\/span> also recognize that Congress by enacting the Crime<\/span> Control Act, 4 U.S.C. \u00a7 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime<\/span>.\n\t\tIt is the purpose of this compact, through means of joint and cooperative action among the compacting states<\/span>, to (i) ensure that the adjudicated juveniles<\/span> and status offenders<\/span> subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge<\/span> or parole authority in the sending state; (ii) ensure that the public safety interests of the citizens, including the victims of juvenile<\/span> offenders, in both the sending and receiving states are adequately protected; (iii) return juveniles<\/span> who have run away, absconded or escaped from supervision or control or have been accused<\/span> of an offense<\/span> to the state requesting their return; (iv) make contracts<\/span> for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (v) provide for the effective tracking and supervision of juveniles<\/span>; (vi) equitably allocate the costs, benefits and obligations of the compacting states<\/span>; (vii) establish procedures to manage the movement between states of juvenile<\/span> offenders released to the community under the jurisdiction<\/span> of courts<\/span>, juvenile<\/span> departments<\/span>, or any other criminal or juvenile<\/span> justice agency that has jurisdiction<\/span> over juvenile<\/span> offenders; (viii) ensure immediate notice to jurisdictions<\/span> where defined offenders are authorized to travel or to relocate across state lines; (ix) establish procedures to resolve pending charges (detainers) against juvenile<\/span> offenders prior to transfer or release to the community under the terms of this compact; (x) establish a system of uniform data collection on information pertaining to juveniles<\/span> subject to this compact that allows access by authorized juvenile<\/span> justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile<\/span> and criminal justice administrators; (xi) monitor compliance with rules<\/span> governing interstate movement of juveniles<\/span> and initiate interventions to address and correct noncompliance; (xii) coordinate training and education regarding the regulation of interstate movement of juveniles<\/span> for officials involved in such activity; and (xiii) coordinate the implementation and operation of the compact with the Interstate Compact on the Placement of Children, the Interstate Compact for Adult<\/span> Offender Supervision, and other compacts affecting juveniles<\/span> particularly in those cases where concurrent or overlapping supervision issues<\/span> arise. It is the policy of the compacting states<\/span> that the activities conducted by the Interstate Commission<\/span> created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states<\/span> shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles<\/span> subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.\n\t\tArticle II. Definitions.\n\t\tAs used in this compact, unless the context clearly requires a different construction:\n\t\t“Bylaws<\/span>” means those bylaws<\/span> established by the Interstate Commission<\/span> for its governance or for directing or controlling its actions or conduct.\n\t\t“Commissioner<\/span>” means the voting representative of each compacting state<\/span> appointed pursuant to Article III of this compact.\n\t\t“Compact administrator” means the individual in each compacting state<\/span> appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles<\/span> subject to the terms of this compact, the rules<\/span> adopted by the Interstate Commission<\/span>, and policies adopted by the state council under this compact.\n\t\t“Compacting state<\/span>” means any state that has enacted the enabling legislation for this compact.\n\t\t“Court<\/span>” means any court<\/span> having jurisdiction<\/span> over delinquent, neglected, or dependent children.\n\t\t“Deputy compact administrator<\/span>” means the individual, if any, in each compacting state<\/span> appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles<\/span> subject to the terms of this compact, the rules<\/span> adopted by the Interstate Commission<\/span> and policies adopted by the state council under this compact.\n\t\t“Interstate Commission<\/span>” means the Interstate Commission<\/span> for Juveniles<\/span> created by Article III of this compact.\n\t\t“Juvenile<\/span>” means any person defined as a juvenile<\/span> in any member state or by the rules<\/span> of the Interstate Commission<\/span>, including:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Accused<\/span> delinquent: a person charged with an offense<\/span> that, if committed by an adult<\/span>, would be a criminal offense<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Accused<\/span> status offender<\/span>: a person charged with an offense<\/span> that would not be a criminal offense<\/span> if committed by an adult<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Adjudicated delinquent: a person found to have committed an offense<\/span> that, if committed by an adult<\/span>, would be a criminal offense<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Adjudicated status offender<\/span>: a person found to have committed an offense<\/span> that would not be a criminal offense<\/span> if committed by an adult<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Nonoffender: a person in need of supervision who has not been accused<\/span> of being or adjudicated a status offender<\/span> or delinquent.\n\t\t\t“Noncompacting state<\/span>” means any state that has not enacted the enabling legislation for this compact.\n\t\t\t“Probation or parole<\/span>” means any kind of supervision or conditional release of juveniles<\/span> authorized under the laws<\/span> of the compacting states<\/span>.\n\t\t\t“Rule<\/span>” means a written statement by the Interstate Commission<\/span> promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, that has the force and effect of statutory law<\/span> in a compacting state<\/span>, and includes the amendment, repeal, or suspension of an existing rule<\/span>.\n\t\t\t“State” means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Northern Marianas Islands.\n\t\t\tArticle III. Interstate Commission<\/span> for Juveniles<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The compacting states<\/span> hereby create the “Interstate Commission<\/span> for Juveniles<\/span>.” The commission shall be a body corporate and joint agency of the compacting states<\/span>. The commission shall have all the responsibilities, powers and duties set forth herein and additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states<\/span> in accordance with the terms of this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Interstate Commission<\/span> shall consist of commissioners<\/span> appointed by the appropriate appointing authority in each state pursuant to the rules<\/span> and requirements of each compacting state<\/span> and in consultation with the State Council for Interstate Juvenile<\/span> Supervision created in Article IX. The commissioner<\/span> shall be the compact administrator, deputy compact administrator<\/span>, or designee from that state who shall serve on the Interstate Commission<\/span> in such capacity under or pursuant to the applicable law<\/span> of the compacting state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

D.<\/span> Each compacting state<\/span> represented at any meeting of the commission is entitled to one vote. A majority of the compacting states<\/span> shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws<\/span> of the Interstate Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states<\/span>, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

H.<\/span> The Interstate Commission<\/span>’s bylaws<\/span> shall establish conditions and procedures under which the Interstate Commission<\/span> shall make its information and official records available to the public for inspection or copying. The Interstate Commission<\/span> may exempt from disclosure any information or official records to the extent that they would adversely affect personal privacy rights or proprietary interests. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Public notice shall be given of all meetings, and all meetings shall be open to the public except as set forth in the rules<\/span> or as otherwise provided in the compact. The Interstate Commission<\/span> 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: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Relate solely to the Interstate Commission<\/span>’s internal personnel practices and procedures; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Disclose matters specifically exempted from disclosure by statute<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Disclose trade secrets or commercial or financial information that is privileged or confidential; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Involve accusing any person of a crime<\/span> or formally censuring any person; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Disclose investigative records compiled for law<\/span>-enforcement purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of the Interstate Commission<\/span> with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Disclose information the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Specifically relate to the Interstate Commission<\/span>’s issuance of a subpoena<\/span> or its participation in a civil action<\/span> or other legal proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> For every meeting closed pursuant to this provision, the Interstate Commission<\/span>’s legal counsel<\/span> shall publicly certify that, in the legal counsel<\/span>’s opinion<\/span>, the meeting may be closed to the public and shall reference each relevant exemptive provision. The Interstate Commission<\/span> shall keep minutes that 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 the minutes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Interstate Commission<\/span> shall collect standardized data concerning the interstate movement of juveniles<\/span> as directed through its rules<\/span> that shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.\n\t\t\t\tArticle IV. Powers and Duties of the Interstate Commission<\/span>.\n\t\t\t\tThe commission shall have the following powers and duties: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To provide for dispute resolution among compacting states<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To promulgate rules<\/span> to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law<\/span> and shall be binding in the compacting states<\/span> to the extent and in the manner provided in this compact; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To oversee, supervise, and coordinate the interstate movement of juveniles<\/span> subject to the terms of this compact and any bylaws<\/span> adopted and rules<\/span> promulgated by the Interstate Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To enforce compliance with the compact provisions, the rules<\/span> promulgated by the Interstate Commission<\/span>, and the bylaws<\/span>, using all necessary and proper means, including but not limited to the use of judicial process; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To establish and maintain offices that shall be located within one or more of the compacting states<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To purchase and maintain insurance and bonds<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To borrow, accept, hire, or contract<\/span> for services of personnel; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To establish and appoint committees and hire staff that it deems necessary for carrying out its functions including but not limited to an executive committee as required by Article III that shall have the power to act on behalf of the Interstate Commission<\/span> in carrying out its powers and duties hereunder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> 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<\/span>’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> To accept any and all donations and grants of money, equipment, supplies, materials<\/span>, and services, and to receive, utilize, and dispose of it; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> To establish a budget and make expenditures and levy<\/span> dues as provided in Article VIII of this compact; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> To sue and be sued; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> To adopt a seal and bylaws<\/span> governing the management and operation of the Interstate Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> To perform such functions as may be necessary or appropriate to achieve the purposes of this compact; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> To report annually to the legislatures, governors, judiciary, and state councils of the compacting states<\/span> concerning the activities of the Interstate Commission<\/span> during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> To coordinate education, training, and public awareness regarding the interstate movement of juveniles<\/span> for officials involved in such activity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> To establish uniform standards of the reporting, collecting, and exchanging of data; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> To maintain its corporate books and records in accordance with the bylaws<\/span>.\n\t\t\tArticle V. Organization and Operation of the Interstate Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Bylaws<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Interstate Commission<\/span> shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission<\/span> meeting, adopt bylaws<\/span> to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including but not limited to:\n\t\t\ta. Establishing the fiscal year of the Interstate Commission<\/span>;\n\t\t\tb. Establishing an executive committee and such other committees as may be necessary;\n\t\t\tc. Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission<\/span>;\n\t\t\td. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission<\/span> and ensuring reasonable notice of each such meeting;\n\t\t\te. Establishing the titles and responsibilities of the officers of the Interstate Commission<\/span>;\n\t\t\tf. Providing a mechanism for concluding the operations of the Interstate Commission<\/span> and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all its debts and obligations;\n\t\t\tg. Providing start-up rules<\/span> for initial administration of the compact; and\n\t\t\th. Establishing standards and procedures for compliance and technical assistance in carrying out the compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Officers and staff. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Interstate Commission<\/span> shall, by a majority of the members, elect annually from among its members a chairman and a vice-chairman, each of whom shall have such authority and duties as may be specified in the bylaws<\/span>. The chairman or, in the chairman’s absence or disability, the vice-chairman shall preside at all meetings of the Interstate Commission<\/span>. The officers so elected shall serve without compensation or remuneration from the Interstate Commission<\/span>; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

C.<\/span> Qualified immunity, defense and indemnification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

2.<\/span> The liability of any commissioner<\/span> or the employee or agent of a commissioner<\/span>, acting within the scope of such person’s employment or duties, for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

4.<\/span> The Interstate Commission<\/span> shall indemnify and hold the commissioner<\/span> of a compacting state<\/span>, the commissioner<\/span>’s representatives or employees, or the Interstate Commission<\/span>’s representatives or employees harmless in the amount of any settlement<\/span> or judgment<\/span> obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission<\/span> employment, duties, or responsibilities or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission<\/span> employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.\n\t\t\tArticle VI. Rulemaking Functions of the Interstate Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The Interstate Commission<\/span> shall promulgate and publish rules<\/span> in order<\/span> to effectively and efficiently achieve the purposes of the compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws<\/span> and rules<\/span> adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the Model State Administrative Procedure Act, 1981 Act, Uniform Laws Annotated, vol. 15, p. 1 (2000), or such other administrative procedures act, as the Interstate Commission<\/span> deems appropriate consistent with due process<\/span> requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court<\/span>. All rules<\/span> and amendments shall become binding as of the date specified, as published with the final version of the rule<\/span> as approved by the commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When promulgating a rule<\/span>, the Interstate Commission<\/span> shall, at a minimum: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Publish the proposed rule<\/span>’s entire text, stating the reasons for that proposed rule<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Allow and invite any and all persons to submit written data, facts<\/span>, opinions<\/span> and arguments, which information shall be added to the record and be made publicly available; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provide an opportunity for an informal hearing<\/span> if petitioned by 10 or more persons; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Promulgate a final rule<\/span> and its effective date, if appropriate, based on input from state or local officials or interested parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Allow, not later than 60 days after a rule<\/span> is promulgated, any interested person to file a petition<\/span> in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission<\/span>’s principal office is located for judicial review of such rule<\/span>. If the court<\/span> finds that the Interstate Commission<\/span>’s action is not supported by substantial evidence<\/span> in the rulemaking record, the court<\/span> shall hold the rule<\/span> unlawful and set it aside. For purposes of this subsection, evidence<\/span> is substantial if it would be considered substantial evidence<\/span> under the Model State Administrative Procedure Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If a majority of the legislatures of the compacting states<\/span> rejects a rule<\/span>, those states may, by enactment of a statute<\/span> or resolution in the same manner used to adopt the compact, cause that such rule<\/span> shall have no further force and effect in any compacting state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The existing rules<\/span> governing the operation of the Interstate Compact on Juveniles<\/span> superseded by this act shall be null and void 12 months after the first meeting of the Interstate Commission<\/span> created hereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon determination by the Interstate Commission<\/span> that a state of emergency exists, it may promulgate an emergency rule<\/span> that shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the rule<\/span> as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule<\/span>.\n\t\t\t\tArticle VII. Oversight, Enforcement and Dispute Resolution by the Interstate Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Oversight. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Interstate Commission<\/span> shall oversee the administration and operations of the interstate movement of juveniles<\/span> subject to this compact in the compacting states<\/span> and shall monitor such activities being administered in noncompacting states<\/span> that might significantly affect compacting states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The courts<\/span> and executive agencies in each compacting state<\/span> shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent<\/span>. The provisions of this compact and the rules<\/span> promulgated hereunder shall be received by all the judges<\/span>, public officers, commissions, and departments<\/span> of the state government as evidence<\/span> of the authorized statute<\/span> and administrative rules<\/span>. All courts shall take judicial notice of the compact and the rules<\/span>. In any judicial or administrative proceeding in a compacting state<\/span> pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission<\/span>, it shall be entitled to receive all service of process<\/span> in any such proceeding and shall have standing to intervene in the proceeding for all purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Dispute resolution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The compacting states<\/span> shall report to the Interstate Commission<\/span> on all issues<\/span> and activities necessary for the administration of the compact as well as issues<\/span> and activities pertaining to compliance with the provisions of the compact and its bylaws<\/span> and rules<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Interstate Commission<\/span> shall attempt, upon the request of a compacting state<\/span>, to resolve any disputes or other issues<\/span> that are subject to the compact and that may arise among compacting states<\/span> and between compacting and noncompacting states<\/span>. The commission shall promulgate a rule<\/span> providing for both mediation and binding dispute resolution for disputes among the compacting states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Interstate Commission<\/span>, in the reasonable exercise of its discretion, shall enforce the provisions and rules<\/span> of this compact using any means set forth in Article XI of this compact.\n\t\t\tArticle VIII. Finance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The Interstate Commission<\/span> shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Interstate Commission<\/span> shall levy<\/span> on and collect an annual assessment from each compacting state<\/span> to cover the cost of the internal operations and activities of the Interstate Commission<\/span> and its staff that shall be in a total amount sufficient to cover the Interstate Commission<\/span>’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<\/span>, taking into consideration the population of each compacting state<\/span> and the volume of interstate movement of juveniles<\/span> in each compacting state<\/span> and shall promulgate a rule<\/span> binding upon all compacting states<\/span> that governs said assessment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Interstate Commission<\/span> shall not incur any obligations of any kind prior to securing the funds adequate to meet them; nor shall the Interstate Commission<\/span> pledge the credit of any of the compacting states<\/span>, except by and with the authority of the compacting state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Interstate Commission<\/span> shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission<\/span> shall be subject to the audit and accounting procedures established under its bylaws<\/span>. However, all receipts and disbursements of funds handled by the Interstate Commission<\/span> 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<\/span>.\n\t\t\t\tArticle IX. The State Council.\n\t\t\t\tEach member state shall create a State Council for Interstate Juvenile<\/span> Supervision. While each state may determine the membership of its own state council, its membership shall include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator<\/span>, or designee. Each compacting state<\/span> retains the right to determine the qualifications of the compact administrator or deputy compact administrator<\/span>. Each state council will advise and may exercise oversight and advocacy concerning that state’s participation in Interstate Commission<\/span> activities and other duties as may be determined by that state, including but not limited to development of policy concerning operations and procedures of the compact within that state.\n\t\t\t\tArticle X. Compacting States<\/span>, Effective Date and Amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands are eligible to become a compacting state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

C.<\/span> The Interstate Commission<\/span> may propose amendments to the compact for enactment by the compacting states<\/span>. No amendment shall become effective and binding upon the Interstate Commission<\/span> and the compacting states<\/span> unless and until it is enacted into law<\/span> by unanimous consent of the compacting states<\/span>.\n\t\t\t\tArticle XI. Withdrawal, Default<\/span>, Termination, and Judicial Enforcement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Withdrawal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Once effective, the compact shall continue in force and remain binding upon each compacting state<\/span>; provided that a compacting state<\/span> may withdraw from the compact by specifically repealing the statute<\/span> that enacted the compact into law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The effective date of withdrawal is the effective date of the repeal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The withdrawing state shall immediately notify the chairman of the Interstate Commission<\/span> in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission<\/span> shall notify the other compacting states<\/span> of the withdrawing state’s intent<\/span> to withdraw within 60 days of its receipt thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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 extends beyond the effective date of withdrawal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Reinstatement following withdrawal of any compacting state<\/span> shall occur upon the withdrawing state’s reenacting the compact or upon such later date as determined by the Interstate Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Technical assistance, fines, suspension, termination, and default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the Interstate Commission<\/span> determines that any compacting state<\/span> has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws<\/span>, or duly promulgated rules<\/span>, the Interstate Commission<\/span> may impose any or all of the following penalties:\n\t\t\ta. Remedial training and technical assistance as directed by the Interstate Commission<\/span>;\n\t\t\tb. Alternative dispute resolution<\/span>;\n\t\t\tc. Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission<\/span>; and\n\t\t\td. Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws<\/span> and rules<\/span> have been exhausted and the Interstate Commission<\/span> has therefore determined that the offending state is in default<\/span>. Immediate notice of suspension shall be given by the Interstate Commission<\/span> to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the state council. The grounds for default<\/span> include but are not limited to failure of a compacting state<\/span> to perform such obligations or responsibilities imposed upon it by this compact, the bylaws<\/span>, or duly promulgated rules<\/span> and any other grounds designated in commission bylaws<\/span> and rules<\/span>. The Interstate Commission<\/span> shall immediately notify the defaulting state in writing of the penalty<\/span> imposed by the Interstate Commission<\/span> and of the default<\/span> pending a cure of the default<\/span>. The commission shall stipulate the conditions and the time period within which the defaulting state shall cure its default<\/span>. If the defaulting state fails to cure the default<\/span> within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states<\/span> and all rights, privileges<\/span>, and benefits conferred by this compact shall be terminated from the effective date of termination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Within 60 days of the effective date of the termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the state council. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Interstate Commission<\/span> shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission<\/span> and the defaulting state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Reinstatement following termination of any compacting state<\/span> requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission<\/span> pursuant to the rules<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Judicial enforcement.\n\t\t\t\tThe Interstate Commission<\/span> 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<\/span>, in the federal district where the Interstate Commission<\/span> has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules<\/span>, and bylaws<\/span>, against any compacting state<\/span> in default<\/span>. In the event that judicial enforcement is necessary, the prevailing party<\/span> shall be awarded all costs of such litigation<\/span>, including reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Dissolution of compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The compact dissolves effective upon the date of the withdrawal or default<\/span> of the compacting state<\/span> that reduces membership in the compact to one compacting state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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<\/span> shall be concluded and any surplus funds shall be distributed in accordance with the bylaws<\/span>.\n\t\t\tArticle XII. Severability and Construction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this compact shall be liberally construed to effectuate its purposes.\n\t\t\t\tArticle XIII. Binding Effect of Compact and Other Laws. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Other laws. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Nothing herein prevents the enforcement of any other law<\/span> of a compacting state<\/span> that is not inconsistent with this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All compacting states<\/span>’ laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Binding effect of the compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All lawful actions of the Interstate Commission<\/span>, including all rules<\/span> and bylaws<\/span> promulgated by the Interstate Commission<\/span>, are binding upon the compacting states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All agreements between the Interstate Commission<\/span> and the compacting states<\/span> are binding in accordance with their terms. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When there is a conflict over meaning or interpretation of Interstate Commission<\/span>, the Interstate Commission<\/span> may issue<\/span> advisory opinions<\/span> regarding such meaning or interpretation upon the request of a party<\/span> to the conflict and upon a majority vote of the compacting states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In the event that any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state<\/span>, the obligations, duties, powers, or jurisdiction<\/span> sought to be conferred by such provision upon the Interstate Commission<\/span> shall be ineffective, and such obligations, duties, powers, or jurisdiction<\/span> shall remain in the compacting state<\/span> and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction<\/span> are delegated by law<\/span> in effect at the time this compact becomes effective. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGOVERNOR TO EXECUTE; FORM OF COMPACT (\u00a7 16.1-323)\n\nThe Governor of Virginia is hereby authorized and requested to execute, on\nbehalf of the Commonwealth of Virginia, with any other state or states legally\njoining therein, a compact which shall be in form substantially as follows:\n\t\tArticle I. Purpose.\n\t\tThe compacting states to this Interstate Compact recognize that each state is\nresponsible for the proper supervision or return of juveniles, delinquents, and\nstatus offenders who are on probation or parole and who have absconded, escaped\nor run away from supervision and control and in so doing have endangered their\nown safety and the safety of others. The compacting states also recognize that\neach state is responsible for the safe return of juveniles who have run away\nfrom home and in doing so have left their state of residence. The compacting\nstates also recognize that Congress by enacting the Crime Control Act, 4 U.S.C.\n\u00a7 112 (1965), has authorized and encouraged compacts for cooperative efforts\nand mutual assistance in the prevention of crime.\n\t\tIt is the purpose of this compact, through means of joint and cooperative\naction among the compacting states, to (i) ensure that the adjudicated juveniles\nand status offenders subject to this compact are provided adequate supervision\nand services in the receiving state as ordered by the adjudicating judge or\nparole authority in the sending state; (ii) ensure that the public safety\ninterests of the citizens, including the victims of juvenile offenders, in both\nthe sending and receiving states are adequately protected; (iii) return\njuveniles who have run away, absconded or escaped from supervision or control or\nhave been accused of an offense to the state requesting their return; (iv) make\ncontracts for the cooperative institutionalization in public facilities in\nmember states for delinquent youth needing special services; (v) provide for the\neffective tracking and supervision of juveniles; (vi) equitably allocate the\ncosts, benefits and obligations of the compacting states; (vii) establish\nprocedures to manage the movement between states of juvenile offenders released\nto the community under the jurisdiction of courts, juvenile departments, or any\nother criminal or juvenile justice agency that has jurisdiction over juvenile\noffenders; (viii) ensure immediate notice to jurisdictions where defined\noffenders are authorized to travel or to relocate across state lines; (ix)\nestablish procedures to resolve pending charges (detainers) against juvenile\noffenders prior to transfer or release to the community under the terms of this\ncompact; (x) establish a system of uniform data collection on information\npertaining to juveniles subject to this compact that allows access by authorized\njuvenile justice and criminal justice officials, and regular reporting of\ncompact activities to heads of state executive, judicial, and legislative\nbranches and juvenile and criminal justice administrators; (xi) monitor\ncompliance with rules governing interstate movement of juveniles and initiate\ninterventions to address and correct noncompliance; (xii) coordinate training\nand education regarding the regulation of interstate movement of juveniles for\nofficials involved in such activity; and (xiii) coordinate the implementation\nand operation of the compact with the Interstate Compact on the Placement of\nChildren, the Interstate Compact for Adult Offender Supervision, and other\ncompacts affecting juveniles particularly in those cases where concurrent or\noverlapping supervision issues arise. It is the policy of the compacting states\nthat the activities conducted by the Interstate Commission created herein are\nthe formation of public policies and therefore are public business. Furthermore,\nthe compacting states shall cooperate and observe their individual and\ncollective duties and responsibilities for the prompt return and acceptance of\njuveniles subject to the provisions of this compact. The provisions of this\ncompact shall be reasonably and liberally construed to accomplish the purposes\nand policies of the compact.\n\t\tArticle II. Definitions.\n\t\tAs used in this compact, unless the context clearly requires a different\nconstruction:\n\t\t“Bylaws” means those bylaws established by the Interstate\nCommission for its governance or for directing or controlling its actions or\nconduct.\n\t\t“Commissioner” means the voting representative of each compacting\nstate appointed pursuant to Article III of this compact.\n\t\t“Compact administrator” means the individual in each compacting\nstate appointed pursuant to the terms of this compact responsible for the\nadministration and management of the state’s supervision and transfer of\njuveniles subject to the terms of this compact, the rules adopted by the\nInterstate Commission, and policies adopted by the state council under this\ncompact.\n\t\t“Compacting state” means any state that has enacted the enabling\nlegislation for this compact.\n\t\t“Court” means any court having jurisdiction over delinquent,\nneglected, or dependent children.\n\t\t“Deputy compact administrator” means the individual, if any, in\neach compacting state appointed to act on behalf of a compact administrator\npursuant to the terms of this compact responsible for the administration and\nmanagement of the state’s supervision and transfer of juveniles subject to\nthe terms of this compact, the rules adopted by the Interstate Commission and\npolicies adopted by the state council under this compact.\n\t\t“Interstate Commission” means the Interstate Commission for\nJuveniles created by Article III of this compact.\n\t\t“Juvenile” means any person defined as a juvenile in any member\nstate or by the rules of the Interstate Commission, including:\n\n1. Accused delinquent: a person charged with an offense that, if committed by an\nadult, would be a criminal offense;\n\n2. Accused status offender: a person charged with an offense that would not be a\ncriminal offense if committed by an adult;\n\n3. Adjudicated delinquent: a person found to have committed an offense that, if\ncommitted by an adult, would be a criminal offense;\n\n4. Adjudicated status offender: a person found to have committed an offense that\nwould not be a criminal offense if committed by an adult; and\n\n5. Nonoffender: a person in need of supervision who has not been accused of\nbeing or adjudicated a status offender or delinquent.\n\t\t\t“Noncompacting state” means any state that has not enacted the\nenabling legislation for this compact.\n\t\t\t“Probation or parole” means any kind of supervision or\nconditional release of juveniles authorized under the laws of the compacting\nstates.\n\t\t\t“Rule” means a written statement by the Interstate Commission\npromulgated pursuant to Article VI of this compact that is of general\napplicability, implements, interprets or prescribes a policy or provision of the\ncompact, or an organizational, procedural, or practice requirement of the\ncommission, that has the force and effect of statutory law in a compacting\nstate, and includes the amendment, repeal, or suspension of an existing rule.\n\t\t\t“State” means a state of the United States, the District of\nColumbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin\nIslands, Guam, American Samoa, or the Northern Marianas Islands.\n\t\t\tArticle III. Interstate Commission for Juveniles.\n\n A. The compacting states hereby create the “Interstate Commission for\n Juveniles.” The commission shall be a body corporate and joint agency of\n the compacting states. The commission shall have all the responsibilities,\n powers and duties set forth herein and additional powers as may be conferred\n upon it by subsequent action of the respective legislatures of the compacting\n states in accordance with the terms of this compact.\n\n B. The Interstate Commission shall consist of commissioners appointed by the\n appropriate appointing authority in each state pursuant to the rules and\n requirements of each compacting state and in consultation with the State\n Council for Interstate Juvenile Supervision created in Article IX. The\n commissioner shall be the compact administrator, deputy compact administrator,\n or designee from that state who shall serve on the Interstate Commission in\n such capacity under or pursuant to the applicable law of the compacting state.\n\n C. In addition to the commissioners who are the voting representatives of each\n state, the Interstate Commission shall include individuals who are not\n commissioners but who are members of interested organizations. Such\n noncommissioner members shall include a member of the national organizations\n of governors, legislators, state chief justices, attorneys general, Interstate\n Compact for Adult Offender Supervision, Interstate Compact on the Placement of\n Children, juvenile justice and juvenile corrections officials, and crime\n victims. All noncommissioner members of the Interstate Commission shall be ex\n officio (nonvoting) members. The Interstate Commission may provide in its\n bylaws for such additional ex officio (nonvoting) members, including members\n of other national organizations, in such numbers as shall be determined by the\n commission.\n\n D. Each compacting state represented at any meeting of the commission is\n entitled to one vote. A majority of the compacting states shall constitute a\n quorum for the transaction of business, unless a larger quorum is required by\n the bylaws of the Interstate Commission.\n\n E. The commission shall meet at least once each calendar year. The chairperson\n may call additional meetings and, upon the request of a simple majority of the\n compacting states, shall call additional meetings. Public notice shall be\n given of all meetings and meetings shall be open to the public.\n\n F. The Interstate Commission shall establish an executive committee, which\n shall include commission officers, members, and others as determined by the\n bylaws. The executive committee shall have the power to act on behalf of the\n Interstate Commission during periods when the Interstate Commission is not in\n session, with the exception of rulemaking or amendment to the compact. The\n executive committee shall oversee the day-to-day activities of the\n administration of the compact managed by an executive director and Interstate\n Commission staff; administer enforcement and compliance with the provisions of\n the compact, its bylaws, and rules; and perform other duties as directed by\n the Interstate Commission or set forth in the bylaws.\n\n G. Each member of the Interstate Commission shall have the right and power to\n cast a vote to which that compacting state is entitled and to participate in\n the business and affairs of the Interstate Commission. A member shall vote in\n person and shall not delegate a vote to another compacting state. However, a\n commissioner, in consultation with the state council, shall appoint another\n authorized representative, in the absence of the commissioner from that state,\n to cast a vote on behalf of the compacting state at a specific meeting. The\n bylaws may provide for members’ participation in meetings by telephone\n or other means of telecommunication or electronic communication.\n\n H. The Interstate Commission’s bylaws shall establish conditions and\n procedures under which the Interstate Commission shall make its information\n and official records available to the public for inspection or copying. The\n Interstate Commission may exempt from disclosure any information or official\n records to the extent that they would adversely affect personal privacy rights\n or proprietary interests.\n\n I. Public notice shall be given of all meetings, and all meetings shall be\n open to the public except as set forth in the rules or as otherwise provided\n in the compact. The Interstate Commission and any of its committees may close\n a meeting to the public where it determines by two-thirds vote that an open\n meeting would be likely to:\n\n1. Relate solely to the Interstate Commission’s internal personnel\npractices and procedures;\n\n2. Disclose matters specifically exempted from disclosure by statute;\n\n3. Disclose trade secrets or commercial or financial information that is\nprivileged or confidential;\n\n4. Involve accusing any person of a crime or formally censuring any person;\n\n5. Disclose information of a personal nature where disclosure would constitute a\nclearly unwarranted invasion of personal privacy;\n\n6. Disclose investigative records compiled for law-enforcement purposes;\n\n7. Disclose information contained in or related to examination, operating, or\ncondition reports prepared by, on behalf of, or for the use of the Interstate\nCommission with respect to a regulated person or entity for the purpose of\nregulation or supervision of such person or entity;\n\n8. Disclose information the premature disclosure of which would significantly\nendanger the stability of a regulated person or entity; or\n\n9. Specifically relate to the Interstate Commission’s issuance of a\nsubpoena or its participation in a civil action or other legal proceeding.\n\n J. For every meeting closed pursuant to this provision, the Interstate\n Commission’s legal counsel shall publicly certify that, in the legal\n counsel’s opinion, the meeting may be closed to the public and shall\n reference each relevant exemptive provision. The Interstate Commission shall\n keep minutes that shall fully and clearly describe all matters discussed in\n any meeting and shall provide a full and accurate summary of any actions taken\n and the reasons therefor, including a description of each of the views\n expressed on any item and the record of any roll call vote (reflected in the\n vote of each member on the question). All documents considered in connection\n with any action shall be identified in the minutes.\n\n K. The Interstate Commission shall collect standardized data concerning the\n interstate movement of juveniles as directed through its rules that shall\n specify the data to be collected, the means of collection and data exchange,\n and reporting requirements. Such methods of data collection, exchange, and\n reporting shall insofar as is reasonably possible conform to up-to-date\n technology and coordinate its information functions with the appropriate\n repository of records.\n \t\t\t\tArticle IV. Powers and Duties of the Interstate Commission.\n \t\t\t\tThe commission shall have the following powers and duties:\n\n1. To provide for dispute resolution among compacting states;\n\n2. To promulgate rules to effect the purposes and obligations as enumerated in\nthis compact, which shall have the force and effect of statutory law and shall\nbe binding in the compacting states to the extent and in the manner provided in\nthis compact;\n\n3. To oversee, supervise, and coordinate the interstate movement of juveniles\nsubject to the terms of this compact and any bylaws adopted and rules\npromulgated by the Interstate Commission;\n\n4. To enforce compliance with the compact provisions, the rules promulgated by\nthe Interstate Commission, and the bylaws, using all necessary and proper means,\nincluding but not limited to the use of judicial process;\n\n5. To establish and maintain offices that shall be located within one or more of\nthe compacting states;\n\n6. To purchase and maintain insurance and bonds;\n\n7. To borrow, accept, hire, or contract for services of personnel;\n\n8. To establish and appoint committees and hire staff that it deems necessary\nfor carrying out its functions including but not limited to an executive\ncommittee as required by Article III that shall have the power to act on behalf\nof the Interstate Commission in carrying out its powers and duties hereunder;\n\n9. To elect or appoint such officers, attorneys, employees, agents, or\nconsultants and to fix their compensation, define their duties and determine\ntheir qualifications and to establish the Interstate Commission’s\npersonnel policies and programs relating to, inter alia, conflicts of interest,\nrates of compensation, and qualifications of personnel;\n\n10. To accept any and all donations and grants of money, equipment, supplies,\nmaterials, and services, and to receive, utilize, and dispose of it;\n\n11. To lease, purchase, accept contributions or donations of, or otherwise to\nown, hold, improve or use, any property, real, personal, or mixed;\n\n12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise\ndispose of any property, real, personal, or mixed;\n\n13. To establish a budget and make expenditures and levy dues as provided in\nArticle VIII of this compact;\n\n14. To sue and be sued;\n\n15. To adopt a seal and bylaws governing the management and operation of the\nInterstate Commission;\n\n16. To perform such functions as may be necessary or appropriate to achieve the\npurposes of this compact;\n\n17. To report annually to the legislatures, governors, judiciary, and state\ncouncils of the compacting states concerning the activities of the Interstate\nCommission during the preceding year. Such reports shall also include any\nrecommendations that may have been adopted by the Interstate Commission;\n\n18. To coordinate education, training, and public awareness regarding the\ninterstate movement of juveniles for officials involved in such activity;\n\n19. To establish uniform standards of the reporting, collecting, and exchanging\nof data; and\n\n20. To maintain its corporate books and records in accordance with the bylaws.\n\t\t\tArticle V. Organization and Operation of the Interstate Commission.\n\n A. Bylaws.\n\n1. The Interstate Commission shall, by a majority of the members present and\nvoting, within 12 months after the first Interstate Commission meeting, adopt\nbylaws to govern its conduct as may be necessary or appropriate to carry out the\npurposes of the compact, including but not limited to:\n\t\t\ta. Establishing the fiscal year of the Interstate Commission;\n\t\t\tb. Establishing an executive committee and such other committees as may be\nnecessary;\n\t\t\tc. Providing for the establishment of committees governing any general or\nspecific delegation of any authority or function of the Interstate Commission;\n\t\t\td. Providing reasonable procedures for calling and conducting meetings of the\nInterstate Commission and ensuring reasonable notice of each such meeting;\n\t\t\te. Establishing the titles and responsibilities of the officers of the\nInterstate Commission;\n\t\t\tf. Providing a mechanism for concluding the operations of the Interstate\nCommission and the return of any surplus funds that may exist upon the\ntermination of the compact after the payment or reserving of all its debts and\nobligations;\n\t\t\tg. Providing start-up rules for initial administration of the compact; and\n\t\t\th. Establishing standards and procedures for compliance and technical\nassistance in carrying out the compact.\n\n B. Officers and staff.\n\n1. The Interstate Commission shall, by a majority of the members, elect annually\nfrom among its members a chairman and a vice-chairman, each of whom shall have\nsuch authority and duties as may be specified in the bylaws. The chairman or, in\nthe chairman’s absence or disability, the vice-chairman shall preside at\nall meetings of the Interstate Commission. The officers so elected shall serve\nwithout compensation or remuneration from the Interstate Commission; provided\nthat, subject to the availability of budgeted funds, the officers shall be\nreimbursed for any ordinary and necessary costs and expenses incurred by them in\nthe performance of their duties and responsibilities as officers of the\nInterstate Commission.\n\n2. The Interstate Commission shall, through its executive committee, appoint or\nretain an executive director for such period, upon such terms and conditions,\nand for such compensation as the Interstate Commission may deem appropriate. The\nexecutive director shall serve as secretary to the Interstate Commission but\nshall not be a member and shall hire and supervise such other staff as may be\nauthorized by the Interstate Commission.\n\n C. Qualified immunity, defense and indemnification.\n\n1. The commission’s executive director and employees shall be immune from\nsuit and liability, either personally or in their official capacity, for any\nclaim for damage to or loss of property or personal injury or other civil\nliability caused by, arising out of, or relating to any actual or alleged act,\nerror, or omission that occurred or that such person had a reasonable basis for\nbelieving occurred within the scope of commission employment, duties, or\nresponsibilities; however, any such person shall not be protected from suit or\nliability for any damage, loss, injury, or liability caused by the intentional\nor willful and wanton misconduct of any such person.\n\n2. The liability of any commissioner or the employee or agent of a commissioner,\nacting within the scope of such person’s employment or duties, for acts,\nerrors, or omissions occurring within such person’s state may not exceed\nthe limits of liability set forth under the constitution and laws of that state\nfor state officials, employees, and agents. Nothing in this subdivision shall be\nconstrued to protect any such person from suit or liability for any damage,\nloss, injury, or liability caused by the intentional or willful and wanton\nmisconduct of any such person.\n\n3. The Interstate Commission shall defend the executive director or the\nemployees or representatives of the Interstate Commission and, subject to the\napproval of the attorney general of the state represented by any commissioner of\na compacting state, shall defend such commissioner or the commissioner’s\nrepresentatives or employees in any civil action seeking to impose liability\narising out of any actual or alleged act, error, or omission that occurred\nwithin the scope of Interstate Commission employment, duties, or\nresponsibilities or that the defendant had a reasonable basis for believing\noccurred within the scope of Interstate Commission employment, duties, or\nresponsibilities, provided that the actual or alleged act, error, or omission\ndid not result from intentional or willful and wanton misconduct on the part of\nsuch person.\n\n4. The Interstate Commission shall indemnify and hold the commissioner of a\ncompacting state, the commissioner’s representatives or employees, or the\nInterstate Commission’s representatives or employees harmless in the\namount of any settlement or judgment obtained against such persons arising out\nof any actual or alleged act, error, or omission that occurred within the scope\nof Interstate Commission employment, duties, or responsibilities or that such\npersons had a reasonable basis for believing occurred within the scope of\nInterstate Commission employment, duties, or responsibilities, provided that the\nactual or alleged act, error, or omission did not result from intentional or\nwillful and wanton misconduct on the part of such persons.\n\t\t\tArticle VI. Rulemaking Functions of the Interstate Commission.\n\n A. The Interstate Commission shall promulgate and publish rules in order to\n effectively and efficiently achieve the purposes of the compact.\n\n B. Rulemaking shall occur pursuant to the criteria set forth in this article\n and the bylaws and rules adopted pursuant thereto. Such rulemaking shall\n substantially conform to the principles of the Model State Administrative\n Procedure Act, 1981 Act, Uniform Laws Annotated, vol. 15, p. 1 (2000), or such\n other administrative procedures act, as the Interstate Commission deems\n appropriate consistent with due process requirements under the U.S.\n Constitution as now or hereafter interpreted by the U.S. Supreme Court. All\n rules and amendments shall become binding as of the date specified, as\n published with the final version of the rule as approved by the commission.\n\n C. When promulgating a rule, the Interstate Commission shall, at a minimum:\n\n1. Publish the proposed rule’s entire text, stating the reasons for that\nproposed rule;\n\n2. Allow and invite any and all persons to submit written data, facts, opinions\nand arguments, which information shall be added to the record and be made\npublicly available;\n\n3. Provide an opportunity for an informal hearing if petitioned by 10 or more\npersons; and\n\n4. Promulgate a final rule and its effective date, if appropriate, based on\ninput from state or local officials or interested parties.\n\n D. Allow, not later than 60 days after a rule is promulgated, any interested\n person to file a petition in the United States District Court for the District\n of Columbia or in the federal district court where the Interstate\n Commission’s principal office is located for judicial review of such\n rule. If the court finds that the Interstate Commission’s action is not\n supported by substantial evidence in the rulemaking record, the court shall\n hold the rule unlawful and set it aside. For purposes of this subsection,\n evidence is substantial if it would be considered substantial evidence under\n the Model State Administrative Procedure Act.\n\n E. If a majority of the legislatures of the compacting states rejects a rule,\n those states may, by enactment of a statute or resolution in the same manner\n used to adopt the compact, cause that such rule shall have no further force\n and effect in any compacting state.\n\n F. The existing rules governing the operation of the Interstate Compact on\n Juveniles superseded by this act shall be null and void 12 months after the\n first meeting of the Interstate Commission created hereunder.\n\n G. Upon determination by the Interstate Commission that a state of emergency\n exists, it may promulgate an emergency rule that shall become effective\n immediately upon adoption, provided that the usual rulemaking procedures\n provided hereunder shall be retroactively applied to the rule as soon as\n reasonably possible, but no later than 90 days after the effective date of the\n emergency rule.\n \t\t\t\tArticle VII. Oversight, Enforcement and Dispute Resolution by the\n Interstate Commission.\n\n A. Oversight.\n\n1. The Interstate Commission shall oversee the administration and operations of\nthe interstate movement of juveniles subject to this compact in the compacting\nstates and shall monitor such activities being administered in noncompacting\nstates that might significantly affect compacting states.\n\n2. The courts and executive agencies in each compacting state shall enforce this\ncompact and shall take all actions necessary and appropriate to effectuate the\ncompact’s purposes and intent. The provisions of this compact and the\nrules promulgated hereunder shall be received by all the judges, public\nofficers, commissions, and departments of the state government as evidence of\nthe authorized statute and administrative rules. All courts shall take judicial\nnotice of the compact and the rules. In any judicial or administrative\nproceeding in a compacting state pertaining to the subject matter of this\ncompact that may affect the powers, responsibilities or actions of the\nInterstate Commission, it shall be entitled to receive all service of process in\nany such proceeding and shall have standing to intervene in the proceeding for\nall purposes.\n\n B. Dispute resolution.\n\n1. The compacting states shall report to the Interstate Commission on all issues\nand activities necessary for the administration of the compact as well as issues\nand activities pertaining to compliance with the provisions of the compact and\nits bylaws and rules.\n\n2. The Interstate Commission shall attempt, upon the request of a compacting\nstate, to resolve any disputes or other issues that are subject to the compact\nand that may arise among compacting states and between compacting and\nnoncompacting states. The commission shall promulgate a rule providing for both\nmediation and binding dispute resolution for disputes among the compacting\nstates.\n\n3. The Interstate Commission, in the reasonable exercise of its discretion,\nshall enforce the provisions and rules of this compact using any means set forth\nin Article XI of this compact.\n\t\t\tArticle VIII. Finance.\n\n A. The Interstate Commission shall pay or provide for the payment of the\n reasonable expenses of its establishment, organization, and ongoing\n activities.\n\n B. The Interstate Commission shall levy on and collect an annual assessment\n from each compacting state to cover the cost of the internal operations and\n activities of the Interstate Commission and its staff that shall be in a total\n amount sufficient to cover the Interstate Commission’s annual budget as\n approved each year. The aggregate annual assessment amount shall be allocated\n based upon a formula to be determined by the Interstate Commission, taking\n into consideration the population of each compacting state and the volume of\n interstate movement of juveniles in each compacting state and shall promulgate\n a rule binding upon all compacting states that governs said assessment.\n\n C. The Interstate Commission shall not incur any obligations of any kind prior\n to securing the funds adequate to meet them; nor shall the Interstate\n Commission pledge the credit of any of the compacting states, except by and\n with the authority of the compacting state.\n\n D. The Interstate Commission shall keep accurate accounts of all receipts and\n disbursements. The receipts and disbursements of the Interstate Commission\n shall be subject to the audit and accounting procedures established under its\n bylaws. However, all receipts and disbursements of funds handled by the\n Interstate Commission shall be audited yearly by a certified or licensed\n public accountant, and the report of the audit shall be included in and become\n part of the annual report of the Interstate Commission.\n \t\t\t\tArticle IX. The State Council.\n \t\t\t\tEach member state shall create a State Council for Interstate Juvenile\n Supervision. While each state may determine the membership of its own state\n council, its membership shall include at least one representative from the\n legislative, judicial, and executive branches of government, victims groups,\n and the compact administrator, deputy compact administrator, or designee. Each\n compacting state retains the right to determine the qualifications of the\n compact administrator or deputy compact administrator. Each state council will\n advise and may exercise oversight and advocacy concerning that state’s\n participation in Interstate Commission activities and other duties as may be\n determined by that state, including but not limited to development of policy\n concerning operations and procedures of the compact within that state.\n \t\t\t\tArticle X. Compacting States, Effective Date and Amendment.\n\n A. Any state, the District of Columbia or its designee, the Commonwealth of\n Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern\n Marianas Islands are eligible to become a compacting state.\n\n B. The compact shall become effective and binding upon legislative enactment\n of the compact into law by no less than 35 of the states. The initial\n effective date shall be the later of July 1, 2004, or upon enactment of the\n compact into law by the 35th jurisdiction. Thereafter it shall become\n effective and binding as to any other compacting state upon enactment of the\n compact into law by that state. The governors of nonmember states or their\n designees shall be invited to participate in the activities of the Interstate\n Commission on a nonvoting basis prior to adoption of the compact by all states\n and territories of the United States.\n\n C. The Interstate Commission may propose amendments to the compact for\n enactment by the compacting states. No amendment shall become effective and\n binding upon the Interstate Commission and the compacting states unless and\n until it is enacted into law by unanimous consent of the compacting states.\n \t\t\t\tArticle XI. Withdrawal, Default, Termination, and Judicial Enforcement.\n\n A. Withdrawal.\n\n1. Once effective, the compact shall continue in force and remain binding upon\neach compacting state; provided that a compacting state may withdraw from the\ncompact by specifically repealing the statute that enacted the compact into law.\n\n2. The effective date of withdrawal is the effective date of the repeal.\n\n3. The withdrawing state shall immediately notify the chairman of the Interstate\nCommission in writing upon the introduction of legislation repealing this\ncompact in the withdrawing state. The Interstate Commission shall notify the\nother compacting states of the withdrawing state’s intent to withdraw\nwithin 60 days of its receipt thereof.\n\n4. The withdrawing state is responsible for all assessments, obligations, and\nliabilities incurred through the effective date of withdrawal, including any\nobligations the performance of which extends beyond the effective date of\nwithdrawal.\n\n5. Reinstatement following withdrawal of any compacting state shall occur upon\nthe withdrawing state’s reenacting the compact or upon such later date as\ndetermined by the Interstate Commission.\n\n B. Technical assistance, fines, suspension, termination, and default.\n\n1. If the Interstate Commission determines that any compacting state has at any\ntime defaulted in the performance of any of its obligations or responsibilities\nunder this compact, the bylaws, or duly promulgated rules, the Interstate\nCommission may impose any or all of the following penalties:\n\t\t\ta. Remedial training and technical assistance as directed by the Interstate\nCommission;\n\t\t\tb. Alternative dispute resolution;\n\t\t\tc. Fines, fees, and costs in such amounts as are deemed to be reasonable as\nfixed by the Interstate Commission; and\n\t\t\td. Suspension or termination of membership in the compact, which shall be\nimposed only after all other reasonable means of securing compliance under the\nbylaws and rules have been exhausted and the Interstate Commission has therefore\ndetermined that the offending state is in default. Immediate notice of\nsuspension shall be given by the Interstate Commission to the governor, the\nchief justice or the chief judicial officer of the state, the majority and\nminority leaders of the defaulting state’s legislature, and the state\ncouncil. The grounds for default include but are not limited to failure of a\ncompacting state to perform such obligations or responsibilities imposed upon it\nby this compact, the bylaws, or duly promulgated rules and any other grounds\ndesignated in commission bylaws and rules. The Interstate Commission shall\nimmediately notify the defaulting state in writing of the penalty imposed by the\nInterstate Commission and of the default pending a cure of the default. The\ncommission shall stipulate the conditions and the time period within which the\ndefaulting state shall cure its default. If the defaulting state fails to cure\nthe default within the time period specified by the commission, the defaulting\nstate shall be terminated from the compact upon an affirmative vote of a\nmajority of the compacting states and all rights, privileges, and benefits\nconferred by this compact shall be terminated from the effective date of\ntermination.\n\n2. Within 60 days of the effective date of the termination of a defaulting\nstate, the commission shall notify the governor, the chief justice or chief\njudicial officer, the majority and minority leaders of the defaulting\nstate’s legislature, and the state council.\n\n3. The defaulting state is responsible for all assessments, obligations, and\nliabilities incurred through the effective date of termination, including any\nobligations the performance of which extends beyond the effective date of\ntermination.\n\n4. The Interstate Commission shall not bear any costs relating to the defaulting\nstate unless otherwise mutually agreed upon in writing between the Interstate\nCommission and the defaulting state.\n\n5. Reinstatement following termination of any compacting state requires both a\nreenactment of the compact by the defaulting state and the approval of the\nInterstate Commission pursuant to the rules.\n\n C. Judicial enforcement.\n \t\t\t\tThe Interstate Commission may, by majority vote of the members, initiate\n legal action in the United States District Court for the District of Columbia\n or, at the discretion of the Interstate Commission, in the federal district\n where the Interstate Commission has its offices, to enforce compliance with\n the provisions of the compact, its duly promulgated rules, and bylaws, against\n any compacting state in default. In the event that judicial enforcement is\n necessary, the prevailing party shall be awarded all costs of such litigation,\n including reasonable attorney fees.\n\n D. Dissolution of compact.\n\n1. The compact dissolves effective upon the date of the withdrawal or default of\nthe compacting state that reduces membership in the compact to one compacting\nstate.\n\n2. Upon the dissolution of this compact, the compact becomes null and void and\nshall be of no further force or effect, and the business and affairs of the\nInterstate Commission shall be concluded and any surplus funds shall be\ndistributed in accordance with the bylaws.\n\t\t\tArticle XII. Severability and Construction.\n\n A. The provisions of this compact shall be severable, and if any phrase,\n clause, sentence, or provision is deemed unenforceable, the remaining\n provisions of the compact shall be enforceable.\n\n B. The provisions of this compact shall be liberally construed to effectuate\n its purposes.\n \t\t\t\tArticle XIII. Binding Effect of Compact and Other Laws.\n\n A. Other laws.\n\n1. Nothing herein prevents the enforcement of any other law of a compacting\nstate that is not inconsistent with this compact.\n\n2. All compacting states’ laws other than state constitutions and other\ninterstate compacts conflicting with this compact are superseded to the extent\nof the conflict.\n\n B. Binding effect of the compact.\n\n1. All lawful actions of the Interstate Commission, including all rules and\nbylaws promulgated by the Interstate Commission, are binding upon the compacting\nstates.\n\n2. All agreements between the Interstate Commission and the compacting states\nare binding in accordance with their terms.\n\n3. When there is a conflict over meaning or interpretation of Interstate\nCommission, the Interstate Commission may issue advisory opinions regarding such\nmeaning or interpretation upon the request of a party to the conflict and upon a\nmajority vote of the compacting states.\n\n4. In the event that any provision of this compact exceeds the constitutional\nlimits imposed on the legislature of any compacting state, the obligations,\nduties, powers, or jurisdiction sought to be conferred by such provision upon\nthe Interstate Commission shall be ineffective, and such obligations, duties,\npowers, or jurisdiction shall remain in the compacting state and shall be\nexercised by the agency thereof to which such obligations, duties, powers, or\njurisdiction are delegated by law in effect at the time this compact becomes\neffective.\n\nHISTORY: Code 1950, \u00a7 16.1-213.1; 1977, c. 559; 2007, cc. 277, 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}