{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-176.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-176.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-176.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-176.2.html"}],"law_id":64951,"edition_id":1,"section_id":64951,"structure_id":14403,"section_number":"53.1-176.2","catch_line":"Short title; Governor to execute; form of compact","history":"2004, c. 407.","full_text":"This article may be cited as “The Interstate Compact for the Supervision of Adult Offenders.” The Governor shall execute, on behalf of the Commonwealth, with any other state or states legally joining therein a compact that shall be in form substantially as follows:\n\t\tARTICLE I.\n\t\tPURPOSE.\n\t\tThe Compacting States to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the Bylaws and Rules of this compact to travel across state lines both to and from each Compacting State in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The Compacting States also recognize that Congress, by enacting the Crime Control Act, 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 and the Interstate Commission created hereunder, through means of joint and cooperative action among the Compacting States: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the Compact among the Compacting States. In addition, this Compact will: create an Interstate Commission, which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies and which will promulgate rules to achieve the purpose of this Compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of State Councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.\n\t\tThe Compacting States recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this Compact and the Bylaws and Rules promulgated hereunder. It is the policy of the Compacting States that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.\n\t\tARTICLE II.\n\t\tDEFINITIONS.\n\t\tAs used in this Compact, unless the context clearly requires a different construction:\n\n1\n\n“Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.2\n\n“Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.3\n\n“Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this Compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this Compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this Compact.4\n\n“Compacting State” means any state that has enacted the enabling legislation for this Compact.5\n\n“Commissioner” means the voting representative of each Compacting State appointed pursuant to Article III of this Compact.6\n\n“Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this Compact.7\n\n“Member” means the Commissioner of a Compacting State or designee, who shall be a person officially connected with the Commissioner.8\n\n“Noncompacting State” means any State that has not enacted the enabling legislation for this Compact.9\n\n“Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.10\n\n“Person” means any individual, corporation, business enterprise, or other legal entity, either public or private.11\n\n“Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this Compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the Compacting States.12\n\n“State” means a state of the United States, the District of Columbia and any other territorial possessions of the United States.13\n\n“State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each State under Article III of this Compact.\n\t\t\tARTICLE III.\n\t\t\tTHE COMPACT COMMISSION.\n\t\t\tThe Compacting States hereby create the “Interstate Commission for Adult Offender Supervision.” The Interstate Commission shall be a body corporate and joint agency of the Compacting States. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the Compacting States in accordance with the terms of this Compact.\n\t\t\tThe Interstate Commission shall consist of Commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each State. In addition to the Commissioners who are the voting representatives of each State, the Interstate Commission shall include individuals who are not Commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its Bylaws for such additional, ex officio, nonvoting members as it deems necessary.\n\t\t\tEach Compacting State represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the Compacting States shall constitute a quorum for the transaction of business, unless a larger quorum is required by the Bylaws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more Compacting States, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the public.\n\t\t\tThe Interstate Commission shall establish an Executive Committee, which shall include commission officers, members and others as shall be determined by the Bylaws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amendment to the Compact or both. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the Compact, its Bylaws and as directed by the Interstate Commission and performs other duties as directed by Commission or set forth in the Bylaws.\n\t\t\tARTICLE IV.\n\t\t\tTHE STATE COUNCIL.\n\t\t\tEach member state shall create a State Council for Interstate Adult Offender Supervision, which shall be responsible for the appointment of the Commissioner who shall serve on the Interstate Commission from that state. Each State Council shall appoint as its Commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own State Council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups and compact administrators. Each Compacting State retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the State Council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its Commissioner to the national Interstate Commission, each State Council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the Compact within that state.\n\t\t\tARTICLE V.\n\t\t\tPOWERS AND DUTIES OF THE INTERSTATE COMMISSION.\n\t\t\tThe Interstate Commission shall have the following powers:1\n\nTo adopt the seal and suitable Bylaws governing the management and operation of the Interstate Commission.2\n\nTo promulgate Rules, which shall have the force and effect of statutory law and shall be binding in the Compacting States to the extent and in the manner provided in this Compact.3\n\nTo oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this Compact and any Bylaws adopted and Rules promulgated by the Compact Commission.4\n\nTo enforce compliance with Compact provisions, Interstate Commission Rules, and Bylaws, using all necessary and proper means, including but not limited to, the use of judicial process.5\n\nTo establish and maintain offices.6\n\nTo purchase and maintain insurance and bonds.7\n\nTo borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs.8\n\nTo establish and appoint committees and hire staff that it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.9\n\nTo elect or appoint such officers, attorneys, employees, agents, consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.10\n\nTo accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.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 X of this Compact.14\n\nTo sue and be sued.15\n\nTo provide for dispute resolution among Compacting States.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 offenders for officials involved in such activity.19\n\nTo establish uniform standards for the reporting, collecting, and exchanging of data.\n\t\t\tARTICLE VI.\n\t\t\tORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.\n\t\t\tSection A. Bylaws.\n\t\t\tThe Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt Bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to:1\n\nEstablishing the fiscal year of the Interstate Commission;2\n\nEstablishing an executive committee and such other committees as may be necessary;3\n\nProviding reasonable standards and procedures: (i) for the establishment of committees and (ii) governing any general or specific delegation of any authority or function of the Interstate Commission;4\n\nProviding reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;5\n\nEstablishing the titles and responsibilities of the officers of the Interstate Commission;6\n\nProviding reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the Bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission;7\n\nProviding a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment or reserving of all of its debts and obligations or both;8\n\nProviding transition rules for “start up” administration of the Compact; and9\n\nEstablishing standards and procedures for compliance and technical assistance in carrying out the Compact.\n\t\t\tSection B. Officers and Staff.\n\t\t\tThe Interstate Commission shall, by a majority of the Members, elect from among its Members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the Bylaws. The chairperson or, in his absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission: provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.\n\t\t\tThe Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.\n\t\t\tSection C. Corporate Records of the Interstate Commission.\n\t\t\tThe Interstate Commission shall maintain its corporate books and records in accordance with the Bylaws.\n\t\t\tSection D. Qualified Immunity, Defense and Indemnification.\n\t\t\tThe Members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and\/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person. The Interstate Commission shall defend the Commissioner of a Compacting State, or his representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.\n\t\t\tThe Interstate Commission shall indemnify and hold the Commissioner of a Compacting State, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.\n\t\t\tARTICLE VII.\n\t\t\tACTIVITIES OF THE INTERSTATE COMMISSION.\n\t\t\tThe Interstate Commission shall meet and take such actions as are consistent with the provisions of this Compact. Except as otherwise provided in this Compact and unless a greater percentage is required by the Bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the Members present.\n\t\t\tEach Member of the Interstate Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Interstate Commission. A Member shall vote in person on behalf of the State and shall not delegate a vote to another member State. However, a State Council shall appoint another authorized representative, in the absence of the Commissioner from that State, to case a vote on behalf of the member State at a specified meeting. The Bylaws may provide for Members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where Members are present in person.\n\t\t\tThe Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the Members, shall call additional meetings.\n\t\t\tThe Interstate Commission’s Bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such Rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law-enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.\n\t\t\tPublic notice shall be given of all meetings, and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate Rules consistent with the principles contained in the “Government in Sunshine Act,” 5 U.S.C. § 552b, as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:1\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 investigatory records compiled for law-enforcement purposes;7\n\nDisclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;8\n\nDisclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; and9\n\nSpecifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding.\n\t\t\tFor every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his 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 such minutes.\n\t\t\tThe Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its Bylaws and Rules, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.\n\t\t\tARTICLE VIII.\n\t\t\tRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.\n\t\t\tThe Interstate Commission shall promulgate Rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the Compact during the period in which it is being considered and enacted by the States.\n\t\t\tRulemaking shall occur pursuant to the criteria set forth in this article and the Bylaws and Rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, § 1 et seq., as may be amended (hereinafter APA). All Rules and amendments shall become binding as of the date specified in each Rule or amendment.\n\t\t\tIf a majority of the legislatures of the Compacting States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such Rule shall have no further force and effect in any Compacting State.\n\t\t\tWhen promulgating a Rule, the Interstate Commission shall:1\n\nPublish the proposed Rule stating with particularity the text of the Rule that is proposed and the reason for the proposed Rule;2\n\nAllow persons to submit written data, facts, opinions and arguments, which information shall be publicly available;3\n\nProvide an opportunity for an informal hearing; and4\n\nPromulgate a final Rule and its effective date, if appropriate, based on the rulemaking record.\n\t\t\tNot later than 60 days after a Rule is promulgated, any interested person may file a petition in the United States District Court of the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such Rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the Rule unlawful and set it aside.\n\t\t\tSubjects to be addressed within 12 months after the first meeting must at a minimum include:1\n\nNotice to victims and opportunity to be heard;2\n\nOffender registration and compliance;3\n\nViolations\/returns;4\n\nTransfer procedures and forms;5\n\nEligibility for transfer;6\n\nCollection of restitution and fees from offenders;7\n\nData collection and reporting;8\n\nThe level of supervision to be provided by the receiving state;9\n\nTransition rules governing the operation of the Compact and the Interstate Commission during all or part of the period between the effective date of the Compact and the date on which the last eligible State adopts the Compact; and10\n\nMediation, arbitration and dispute resolution.\n\t\t\tThe existing rules governing the operation of the previous compact superceded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.\n\t\t\tUpon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.\n\t\t\tARTICLE IX.\n\t\t\tOVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION.\n\t\t\tSection A. Oversight.\n\t\t\tThe Interstate Commission shall oversee the interstate movement of adult offenders in the Compacting States and shall monitor such activities being administered in Noncompacting States that may significantly affect Compacting States.\n\t\t\tThe courts and executive agencies in each Compacting State shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. In any judicial or administrative proceeding in a Compacting State pertaining to the subject matter of this Compact, which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.\n\t\t\tSection B. Dispute Resolution.\n\t\t\tThe Compacting States shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.\n\t\t\tThe Interstate Commission shall attempt to resolve any disputes or other issues that are subject to the Compact and may arise among Compacting States and Noncompacting States.\n\t\t\tThe Interstate Commission shall enact a Bylaw or promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the Compacting States.\n\t\t\tSection C. Enforcement.\n\t\t\tThe Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact using any or all means set forth in Article XII, Section B, of this Compact.\n\t\t\tARTICLE X.\n\t\t\tFINANCE.\n\t\t\tThe Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.\n\t\t\tThe Interstate Commission shall levy on and collect an annual assessment from each Compacting State to cover the cost of the internal operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the State and the volume of interstate movement of offenders in each Compacting State and shall promulgate a Rule binding upon all Compacting States, which governs said assessment.\n\t\t\tThe Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the Compacting States, except by and with the authority of the Compacting State.\n\t\t\tThe 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\tARTICLE XI.\n\t\t\tCOMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.\n\t\t\tAny State, as defined in Article II of this Compact, is eligible to become a Compacting State. The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the States. The initial effective date shall be the later of July 1, 2002, or upon enactment into law by the 35th State. Thereafter it shall become effective and binding, as to any other Compacting State, upon enactment of the Compact into law by that State. The governors of nonmember States or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the Compact by all States and territories of the United States.\n\t\t\tAmendments to the Compact may be proposed by the Interstate Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Interstate Commission and the Compacting States unless and until it is enacted into law by unanimous consent of the Compacting States.\n\t\t\tARTICLE XII.\n\t\t\tWITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT.\n\t\t\tSection A. Withdrawal.\n\t\t\tOnce effective, the Compact shall continue in force and remain binding upon each and every Compacting State; provided, that a Compacting State may withdraw from the Compact (hereinafter Withdrawing State) by enacting a statute specifically repealing the statute that enacted the Compact into law.\n\t\t\tThe effective date of withdrawal is the effective date of the repeal.\n\t\t\tThe Withdrawing State shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the Withdrawing State. The Interstate Commission shall notify the other Compacting States of the Withdrawing State’s intent to withdraw within 60 days of its receipt thereof.\n\t\t\tThe Withdrawing State is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.\n\t\t\tReinstatement following withdrawal of any Compacting State shall occur upon the Withdrawing State reenacting the Compact or upon such later date as determined by the Interstate Commission.\n\t\t\tSection B. Default.\n\t\t\tIf the Interstate Commission determines that any Compacting State has at any time defaulted (hereinafter Defaulting State) in the performance of any of its obligations or responsibilities under this Compact, the Bylaws or any duly promulgated Rules the Interstate Commission may impose any or all of the following penalties:1\n\nFines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission;2\n\nRemedial training and technical assistance as directed by the Interstate Commission;3\n\nSuspension and termination of membership in the Compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the Bylaws and Rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council.\n\t\t\tThe grounds for default include, but are not limited to, failure of a Compacting State to perform such obligations or responsibilities imposed upon it by this Compact, Interstate Commission Bylaws, or duly promulgated Rules. The Interstate Commission shall immediately notify the Defaulting State in writing of the penalty imposed by the Interstate Commission on the Defaulting State pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the Defaulting State may be terminated from the Compact upon an affirmative vote of majority of the Compacting States and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a Defaulting State, the Interstate Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer and the majority and minority leaders of the Defaulting State’s legislature and the State Council of such termination.\n\t\t\tThe 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.\n\t\t\tThe Interstate Commission shall not bear any costs relating to the Defaulting State unless otherwise mutually agreed upon between the Interstate Commission and the Defaulting State.\n\t\t\tReinstatement 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.\n\t\t\tSection C. Judicial Enforcement.\n\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 provision of the Compact, its duly promulgated Rules and Bylaws, against any Compacting State in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys’ fees.\n\t\t\tSection D. Dissolution of Compact.\n\t\t\tThe 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. Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the Bylaws.\n\t\t\tARTICLE XIII.\n\t\t\tSEVERABILITY AND CONSTRUCTION.\n\t\t\tThe 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.\n\t\t\tThe provisions of this Compact shall be liberally constructed to effectuate its purposes.\n\t\t\tARTICLE XIV.\n\t\t\tBINDING EFFECT OF COMPACT AND OTHER LAWS.\n\t\t\tSection A. Other Laws.\n\t\t\tNothing herein prevents the enforcement of any other law of a Compacting State that is not inconsistent with this Compact.\n\t\t\tAll Compacting States’ laws conflicting with this Compact are superseded to the extent of the conflict.\n\t\t\tSection B. Binding Effect of the Compact.\n\t\t\tAll lawful actions of the Interstate Commission, including all Rules and Bylaws promulgated by the Interstate Commission, are binding upon the Compacting States.\n\t\t\tAll agreements between the Interstate Commission and the Compacting States are binding in accordance with their terms.\n\t\t\tUpon the request of the party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the Compacting States, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.\n\t\t\tIn the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective.","order_by":null,"text":{"0":{"id":236263,"text":"This article may be cited as “The Interstate Compact for the Supervision of Adult Offenders.” The Governor shall execute, on behalf of the Commonwealth, with any other state or states legally joining therein a compact that shall be in form substantially as follows:\n\t\tARTICLE I.\n\t\tPURPOSE.\n\t\tThe Compacting States to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the Bylaws and Rules of this compact to travel across state lines both to and from each Compacting State in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The Compacting States also recognize that Congress, by enacting the Crime Control Act, 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 and the Interstate Commission created hereunder, through means of joint and cooperative action among the Compacting States: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the Compact among the Compacting States. In addition, this Compact will: create an Interstate Commission, which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies and which will promulgate rules to achieve the purpose of this Compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of State Councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.\n\t\tThe Compacting States recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this Compact and the Bylaws and Rules promulgated hereunder. It is the policy of the Compacting States that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.\n\t\tARTICLE II.\n\t\tDEFINITIONS.\n\t\tAs used in this Compact, unless the context clearly requires a different construction:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":236264,"text":"“Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":236265,"text":"“Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":236266,"text":"“Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this Compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this Compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this Compact.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":236267,"text":"“Compacting State” means any state that has enacted the enabling legislation for this Compact.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":236268,"text":"“Commissioner” means the voting representative of each Compacting State appointed pursuant to Article III of this Compact.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":236269,"text":"“Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this Compact.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":236270,"text":"“Member” means the Commissioner of a Compacting State or designee, who shall be a person officially connected with the Commissioner.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":236271,"text":"“Noncompacting State” means any State that has not enacted the enabling legislation for this Compact.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":236272,"text":"“Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":236273,"text":"“Person” means any individual, corporation, business enterprise, or other legal entity, either public or private.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":236274,"text":"“Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this Compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the Compacting States.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":236275,"text":"“State” means a state of the United States, the District of Columbia and any other territorial possessions of the United States.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":236276,"text":"“State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each State under Article III of this Compact.\n\t\t\tARTICLE III.\n\t\t\tTHE COMPACT COMMISSION.\n\t\t\tThe Compacting States hereby create the “Interstate Commission for Adult Offender Supervision.” The Interstate Commission shall be a body corporate and joint agency of the Compacting States. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the Compacting States in accordance with the terms of this Compact.\n\t\t\tThe Interstate Commission shall consist of Commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each State. In addition to the Commissioners who are the voting representatives of each State, the Interstate Commission shall include individuals who are not Commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its Bylaws for such additional, ex officio, nonvoting members as it deems necessary.\n\t\t\tEach Compacting State represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the Compacting States shall constitute a quorum for the transaction of business, unless a larger quorum is required by the Bylaws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more Compacting States, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the public.\n\t\t\tThe Interstate Commission shall establish an Executive Committee, which shall include commission officers, members and others as shall be determined by the Bylaws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amendment to the Compact or both. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the Compact, its Bylaws and as directed by the Interstate Commission and performs other duties as directed by Commission or set forth in the Bylaws.\n\t\t\tARTICLE IV.\n\t\t\tTHE STATE COUNCIL.\n\t\t\tEach member state shall create a State Council for Interstate Adult Offender Supervision, which shall be responsible for the appointment of the Commissioner who shall serve on the Interstate Commission from that state. Each State Council shall appoint as its Commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own State Council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups and compact administrators. Each Compacting State retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the State Council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its Commissioner to the national Interstate Commission, each State Council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the Compact within that state.\n\t\t\tARTICLE V.\n\t\t\tPOWERS AND DUTIES OF THE INTERSTATE COMMISSION.\n\t\t\tThe Interstate Commission shall have the following powers:","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"1"},"14":{"id":236277,"text":"To adopt the seal and suitable Bylaws governing the management and operation of the Interstate Commission.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"13","next_prefix":"2"},"15":{"id":236278,"text":"To promulgate Rules, which shall have the force and effect of statutory law and shall be binding in the Compacting States to the extent and in the manner provided in this Compact.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"16":{"id":236279,"text":"To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this Compact and any Bylaws adopted and Rules promulgated by the Compact Commission.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"17":{"id":236280,"text":"To enforce compliance with Compact provisions, Interstate Commission Rules, and Bylaws, using all necessary and proper means, including but not limited to, the use of judicial process.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"18":{"id":236281,"text":"To establish and maintain offices.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"19":{"id":236282,"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"},"20":{"id":236283,"text":"To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"21":{"id":236284,"text":"To establish and appoint committees and hire staff that it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"22":{"id":236285,"text":"To elect or appoint such officers, attorneys, employees, agents, consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"23":{"id":236286,"text":"To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"24":{"id":236287,"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"},"25":{"id":236288,"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"},"26":{"id":236289,"text":"To establish a budget and make expenditures and levy dues as provided in Article X of this Compact.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"27":{"id":236290,"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"},"28":{"id":236291,"text":"To provide for dispute resolution among Compacting States.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"29":{"id":236292,"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"},"30":{"id":236293,"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"},"31":{"id":236294,"text":"To coordinate education, training and public awareness regarding the interstate movement of offenders 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"},"32":{"id":236295,"text":"To establish uniform standards for the reporting, collecting, and exchanging of data.\n\t\t\tARTICLE VI.\n\t\t\tORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.\n\t\t\tSection A. Bylaws.\n\t\t\tThe Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt Bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to:","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18","next_prefix":"1"},"33":{"id":236296,"text":"Establishing the fiscal year of the Interstate Commission;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"19","next_prefix":"2"},"34":{"id":236297,"text":"Establishing an executive committee and such other committees as may be necessary;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"35":{"id":236298,"text":"Providing reasonable standards and procedures: (i) for the establishment of committees and (ii) governing any general or specific delegation of any authority or function of the Interstate Commission;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"36":{"id":236299,"text":"Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"37":{"id":236300,"text":"Establishing the titles and responsibilities of the officers of the Interstate Commission;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"38":{"id":236301,"text":"Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the Bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"39":{"id":236302,"text":"Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment or reserving of all of its debts and obligations or both;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"40":{"id":236303,"text":"Providing transition rules for “start up” administration of the Compact; and","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"41":{"id":236304,"text":"Establishing standards and procedures for compliance and technical assistance in carrying out the Compact.\n\t\t\tSection B. Officers and Staff.\n\t\t\tThe Interstate Commission shall, by a majority of the Members, elect from among its Members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the Bylaws. The chairperson or, in his absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission: provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.\n\t\t\tThe Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.\n\t\t\tSection C. Corporate Records of the Interstate Commission.\n\t\t\tThe Interstate Commission shall maintain its corporate books and records in accordance with the Bylaws.\n\t\t\tSection D. Qualified Immunity, Defense and Indemnification.\n\t\t\tThe Members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and\/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person. The Interstate Commission shall defend the Commissioner of a Compacting State, or his representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.\n\t\t\tThe Interstate Commission shall indemnify and hold the Commissioner of a Compacting State, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.\n\t\t\tARTICLE VII.\n\t\t\tACTIVITIES OF THE INTERSTATE COMMISSION.\n\t\t\tThe Interstate Commission shall meet and take such actions as are consistent with the provisions of this Compact. Except as otherwise provided in this Compact and unless a greater percentage is required by the Bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the Members present.\n\t\t\tEach Member of the Interstate Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Interstate Commission. A Member shall vote in person on behalf of the State and shall not delegate a vote to another member State. However, a State Council shall appoint another authorized representative, in the absence of the Commissioner from that State, to case a vote on behalf of the member State at a specified meeting. The Bylaws may provide for Members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where Members are present in person.\n\t\t\tThe Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the Members, shall call additional meetings.\n\t\t\tThe Interstate Commission’s Bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such Rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law-enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.\n\t\t\tPublic notice shall be given of all meetings, and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate Rules consistent with the principles contained in the “Government in Sunshine Act,” 5 U.S.C. § 552b, as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"1"},"42":{"id":236305,"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":"9","next_prefix":"2"},"43":{"id":236306,"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"},"44":{"id":236307,"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"},"45":{"id":236308,"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"},"46":{"id":236309,"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"},"47":{"id":236310,"text":"Disclose investigatory 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"},"48":{"id":236311,"text":"Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"49":{"id":236312,"text":"Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; and","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"50":{"id":236313,"text":"Specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding.\n\t\t\tFor every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his 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 such minutes.\n\t\t\tThe Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its Bylaws and Rules, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.\n\t\t\tARTICLE VIII.\n\t\t\tRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.\n\t\t\tThe Interstate Commission shall promulgate Rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the Compact during the period in which it is being considered and enacted by the States.\n\t\t\tRulemaking shall occur pursuant to the criteria set forth in this article and the Bylaws and Rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, § 1 et seq., as may be amended (hereinafter APA). All Rules and amendments shall become binding as of the date specified in each Rule or amendment.\n\t\t\tIf a majority of the legislatures of the Compacting States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such Rule shall have no further force and effect in any Compacting State.\n\t\t\tWhen promulgating a Rule, the Interstate Commission shall:","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"1"},"51":{"id":236314,"text":"Publish the proposed Rule stating with particularity the text of the Rule that is proposed and the reason for the proposed Rule;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"9","next_prefix":"2"},"52":{"id":236315,"text":"Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"53":{"id":236316,"text":"Provide an opportunity for an informal hearing; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"54":{"id":236317,"text":"Promulgate a final Rule and its effective date, if appropriate, based on the rulemaking record.\n\t\t\tNot later than 60 days after a Rule is promulgated, any interested person may file a petition in the United States District Court of the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such Rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the Rule unlawful and set it aside.\n\t\t\tSubjects to be addressed within 12 months after the first meeting must at a minimum include:","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"1"},"55":{"id":236318,"text":"Notice to victims and opportunity to be heard;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4","next_prefix":"2"},"56":{"id":236319,"text":"Offender registration and compliance;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"57":{"id":236320,"text":"Violations\/returns;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"58":{"id":236321,"text":"Transfer procedures and forms;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"59":{"id":236322,"text":"Eligibility for transfer;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"60":{"id":236323,"text":"Collection of restitution and fees from offenders;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"61":{"id":236324,"text":"Data collection and reporting;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"62":{"id":236325,"text":"The level of supervision to be provided by the receiving state;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"63":{"id":236326,"text":"Transition rules governing the operation of the Compact and the Interstate Commission during all or part of the period between the effective date of the Compact and the date on which the last eligible State adopts the Compact; and","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"64":{"id":236327,"text":"Mediation, arbitration and dispute resolution.\n\t\t\tThe existing rules governing the operation of the previous compact superceded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.\n\t\t\tUpon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.\n\t\t\tARTICLE IX.\n\t\t\tOVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION.\n\t\t\tSection A. Oversight.\n\t\t\tThe Interstate Commission shall oversee the interstate movement of adult offenders in the Compacting States and shall monitor such activities being administered in Noncompacting States that may significantly affect Compacting States.\n\t\t\tThe courts and executive agencies in each Compacting State shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. In any judicial or administrative proceeding in a Compacting State pertaining to the subject matter of this Compact, which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.\n\t\t\tSection B. Dispute Resolution.\n\t\t\tThe Compacting States shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.\n\t\t\tThe Interstate Commission shall attempt to resolve any disputes or other issues that are subject to the Compact and may arise among Compacting States and Noncompacting States.\n\t\t\tThe Interstate Commission shall enact a Bylaw or promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the Compacting States.\n\t\t\tSection C. Enforcement.\n\t\t\tThe Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact using any or all means set forth in Article XII, Section B, of this Compact.\n\t\t\tARTICLE X.\n\t\t\tFINANCE.\n\t\t\tThe Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.\n\t\t\tThe Interstate Commission shall levy on and collect an annual assessment from each Compacting State to cover the cost of the internal operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the State and the volume of interstate movement of offenders in each Compacting State and shall promulgate a Rule binding upon all Compacting States, which governs said assessment.\n\t\t\tThe Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the Compacting States, except by and with the authority of the Compacting State.\n\t\t\tThe 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\tARTICLE XI.\n\t\t\tCOMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.\n\t\t\tAny State, as defined in Article II of this Compact, is eligible to become a Compacting State. The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the States. The initial effective date shall be the later of July 1, 2002, or upon enactment into law by the 35th State. Thereafter it shall become effective and binding, as to any other Compacting State, upon enactment of the Compact into law by that State. The governors of nonmember States or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the Compact by all States and territories of the United States.\n\t\t\tAmendments to the Compact may be proposed by the Interstate Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Interstate Commission and the Compacting States unless and until it is enacted into law by unanimous consent of the Compacting States.\n\t\t\tARTICLE XII.\n\t\t\tWITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT.\n\t\t\tSection A. Withdrawal.\n\t\t\tOnce effective, the Compact shall continue in force and remain binding upon each and every Compacting State; provided, that a Compacting State may withdraw from the Compact (hereinafter Withdrawing State) by enacting a statute specifically repealing the statute that enacted the Compact into law.\n\t\t\tThe effective date of withdrawal is the effective date of the repeal.\n\t\t\tThe Withdrawing State shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the Withdrawing State. The Interstate Commission shall notify the other Compacting States of the Withdrawing State’s intent to withdraw within 60 days of its receipt thereof.\n\t\t\tThe Withdrawing State is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.\n\t\t\tReinstatement following withdrawal of any Compacting State shall occur upon the Withdrawing State reenacting the Compact or upon such later date as determined by the Interstate Commission.\n\t\t\tSection B. Default.\n\t\t\tIf the Interstate Commission determines that any Compacting State has at any time defaulted (hereinafter Defaulting State) in the performance of any of its obligations or responsibilities under this Compact, the Bylaws or any duly promulgated Rules the Interstate Commission may impose any or all of the following penalties:","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"1"},"65":{"id":236328,"text":"Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"10","next_prefix":"2"},"66":{"id":236329,"text":"Remedial training and technical assistance as directed by the Interstate Commission;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"67":{"id":236330,"text":"Suspension and termination of membership in the Compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the Bylaws and Rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council.\n\t\t\tThe grounds for default include, but are not limited to, failure of a Compacting State to perform such obligations or responsibilities imposed upon it by this Compact, Interstate Commission Bylaws, or duly promulgated Rules. The Interstate Commission shall immediately notify the Defaulting State in writing of the penalty imposed by the Interstate Commission on the Defaulting State pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the Defaulting State may be terminated from the Compact upon an affirmative vote of majority of the Compacting States and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a Defaulting State, the Interstate Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer and the majority and minority leaders of the Defaulting State’s legislature and the State Council of such termination.\n\t\t\tThe 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.\n\t\t\tThe Interstate Commission shall not bear any costs relating to the Defaulting State unless otherwise mutually agreed upon between the Interstate Commission and the Defaulting State.\n\t\t\tReinstatement 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.\n\t\t\tSection C. Judicial Enforcement.\n\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 provision of the Compact, its duly promulgated Rules and Bylaws, against any Compacting State in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys’ fees.\n\t\t\tSection D. Dissolution of Compact.\n\t\t\tThe 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. Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the Bylaws.\n\t\t\tARTICLE XIII.\n\t\t\tSEVERABILITY AND CONSTRUCTION.\n\t\t\tThe 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.\n\t\t\tThe provisions of this Compact shall be liberally constructed to effectuate its purposes.\n\t\t\tARTICLE XIV.\n\t\t\tBINDING EFFECT OF COMPACT AND OTHER LAWS.\n\t\t\tSection A. Other Laws.\n\t\t\tNothing herein prevents the enforcement of any other law of a Compacting State that is not inconsistent with this Compact.\n\t\t\tAll Compacting States’ laws conflicting with this Compact are superseded to the extent of the conflict.\n\t\t\tSection B. Binding Effect of the Compact.\n\t\t\tAll lawful actions of the Interstate Commission, including all Rules and Bylaws promulgated by the Interstate Commission, are binding upon the Compacting States.\n\t\t\tAll agreements between the Interstate Commission and the Compacting States are binding in accordance with their terms.\n\t\t\tUpon the request of the party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the Compacting States, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.\n\t\t\tIn the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":14403,"edition_id":1,"name":"The Interstate Compact for the Supervision of Adult Offenders","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":12764,"metadata":{},"date_created":"2026-06-26 03:48:01","date_modified":"2026-06-26 03:48:01","permalink":{"id":239105,"object_type":"structure","relational_id":14403,"identifier":"6","token":"53.1\/4\/6","url":"\/53.1\/4\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12764,"edition_id":1,"name":"Probation and Parole","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":238889,"object_type":"structure","relational_id":12764,"identifier":"4","token":"53.1\/4","url":"\/53.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","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":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63160,"structure_id":14403,"section_number":"53.1-176.1","catch_line":"Enactment of the Interstate Compact for the Supervision of Adult Offenders","url":"\/53.1-176.1\/","token":"53.1\/4\/6\/53.1-176.1","metadata":false},{"id":64951,"structure_id":14403,"section_number":"53.1-176.2","catch_line":"Short title; Governor to execute; form of compact","url":"\/53.1-176.2\/","token":"53.1\/4\/6\/53.1-176.2","metadata":false},{"id":55746,"structure_id":14403,"section_number":"53.1-176.3","catch_line":"Virginia State Council for Interstate Adult Offender Supervision","url":"\/53.1-176.3\/","token":"53.1\/4\/6\/53.1-176.3","metadata":false}],"previous_section":{"id":63160,"structure_id":14403,"section_number":"53.1-176.1","catch_line":"Enactment of the Interstate Compact for the Supervision of Adult Offenders","url":"\/53.1-176.1\/","token":"53.1\/4\/6\/53.1-176.1","metadata":false},"next_section":{"id":55746,"structure_id":14403,"section_number":"53.1-176.3","catch_line":"Virginia State Council for Interstate Adult Offender Supervision","url":"\/53.1-176.3\/","token":"53.1\/4\/6\/53.1-176.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-176.2\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 407<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":63160,"section_number":"53.1-176.1","catch_line":"Enactment of the Interstate Compact for the Supervision of Adult Offenders","order_by":null,"url":"\/53.1-176.1\/"}],"refers_to":false,"permalink":{"id":239111,"object_type":"law","relational_id":64951,"identifier":"53.1-176.2","token":"53.1\/4\/6\/53.1-176.2","url":"\/53.1-176.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-176.2\/","token":"53.1\/4\/6\/53.1-176.2","dublin_core":{"Title":"Short title; Governor to execute; form of compact","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-176.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

This article may be cited as “The Interstate Compact for the Supervision of Adult<\/span> Offenders<\/span>.” The Governor shall execute, on behalf of the Commonwealth, with any other state or states legally joining therein a compact that shall be in form substantially as follows:\n\t\tARTICLE I.\n\t\tPURPOSE.\n\t\tThe Compacting States<\/span> to this Interstate Compact recognize that each state is responsible for the supervision of adult<\/span> offenders<\/span> in the community who are authorized pursuant to the Bylaws<\/span> and Rules<\/span> of this compact to travel across state lines both to and from each Compacting State<\/span> in such a manner as to track the location of offenders<\/span>, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders<\/span> to the originating jurisdictions<\/span>. 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 and the Interstate Commission<\/span> created hereunder, through means of joint and cooperative action among the Compacting States<\/span>: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders<\/span> in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders<\/span> by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the Compact among the Compacting States<\/span>. In addition, this Compact will: create an Interstate Commission<\/span>, which will establish uniform procedures to manage the movement between states of adults<\/span> placed under community supervision<\/span> and released to the community under the jurisdiction<\/span> of courts<\/span>, paroling authorities, corrections or other criminal justice agencies and which will promulgate rules<\/span> to achieve the purpose of this Compact; ensure an opportunity for input and timely notice to victims and to jurisdictions<\/span> where defined offenders<\/span> are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of State Councils<\/span>, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules<\/span> governing interstate movement of offenders<\/span> and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders<\/span> for officials involved in such activity.\n\t\tThe Compacting States<\/span> recognize that there is no “right” of any offender<\/span> to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender<\/span> under supervision subject to the provisions of this Compact and the Bylaws<\/span> and Rules<\/span> promulgated hereunder. 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 are therefore public business.\n\t\tARTICLE II.\n\t\tDEFINITIONS.\n\t\tAs used in this Compact, unless the context clearly requires a different construction:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> “Adult<\/span>” means both individuals legally classified as adults<\/span> and juveniles treated as adults<\/span> by court order<\/span>, statute<\/span>, or operation of law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> “Bylaws<\/span>” means those bylaws<\/span> established by the Interstate Commission<\/span> for its governance, or for directing or controlling the Interstate Commission<\/span>’s actions or conduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> “Compact Administrator<\/span>” 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 offenders<\/span> subject to the terms of this Compact, the rules<\/span> adopted by the Interstate Commission<\/span> and policies adopted by the State Council<\/span> under this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> “Compacting State<\/span>” means any state that has enacted the enabling legislation for this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> “Commissioner<\/span>” means the voting representative of each Compacting State<\/span> appointed pursuant to Article III of this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> “Interstate Commission<\/span>” means the Interstate Commission<\/span> for Adult<\/span> Offender<\/span> Supervision established by this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> “Member<\/span>” means the Commissioner<\/span> of a Compacting State<\/span> or designee, who shall be a person<\/span> officially connected with the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> “Noncompacting State<\/span>” means any State that has not enacted the enabling legislation for this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> “Offender<\/span>” means an adult<\/span> placed under, or subject to, supervision as the result of the commission of a criminal offense<\/span> and released to the community under the jurisdiction<\/span> of courts<\/span>, paroling authorities, corrections, or other criminal justice agencies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> “Person<\/span>” means any individual, corporation, business enterprise, or other legal entity, either public or private. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> “Rules<\/span>” means acts of the Interstate Commission<\/span>, duly promulgated pursuant to Article VIII of this Compact, substantially affecting interested parties in addition to the Interstate Commission<\/span>, which shall have the force and effect of law<\/span> in the Compacting States<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> “State” means a state of the United States, the District of Columbia and any other territorial possessions<\/span> of the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> “State Council<\/span>” means the resident members<\/span> of the State Council<\/span> for Interstate Adult<\/span> Offender<\/span> Supervision created by each State under Article III of this Compact.\n\t\t\tARTICLE III.\n\t\t\tTHE COMPACT COMMISSION.\n\t\t\tThe Compacting States<\/span> hereby create the “Interstate Commission<\/span> for Adult<\/span> Offender<\/span> Supervision.” The Interstate Commission<\/span> shall be a body corporate and joint agency of the Compacting States<\/span>. The Interstate Commission<\/span> shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the Compacting States<\/span> in accordance with the terms of this Compact.\n\t\t\tThe Interstate Commission<\/span> shall consist of Commissioners<\/span> selected and appointed by resident members<\/span> of a State Council<\/span> for Interstate Adult<\/span> Offender<\/span> Supervision for each State. 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<\/span> of interested organizations. Such noncommissioner members<\/span> must include a member<\/span> of the national organizations of governors, legislators, state chief justices, attorneys general and crime<\/span> victims. All noncommissioner members<\/span> of the Interstate Commission<\/span> shall be ex officio (nonvoting) members<\/span>. The Interstate Commission<\/span> may provide in its Bylaws<\/span> for such additional, ex officio, nonvoting members<\/span> as it deems necessary.\n\t\t\tEach Compacting State<\/span> represented at any meeting of the Interstate Commission<\/span> 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>. The Interstate Commission<\/span> shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more Compacting States<\/span>, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the public.\n\t\t\tThe Interstate Commission<\/span> shall establish an Executive Committee, which shall include commission officers, members<\/span> and others as shall be 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 or both. The Executive Committee oversees the day-to-day activities managed by the Executive Director<\/span> and Interstate Commission<\/span> staff; administers enforcement and compliance with the provisions of the Compact, its Bylaws<\/span> and as directed by the Interstate Commission<\/span> and performs other duties as directed by Commission or set forth in the Bylaws<\/span>.\n\t\t\tARTICLE IV.\n\t\t\tTHE STATE COUNCIL<\/span>.\n\t\t\tEach member<\/span> state shall create a State Council<\/span> for Interstate Adult<\/span> Offender<\/span> Supervision, which shall be responsible for the appointment of the Commissioner<\/span> who shall serve on the Interstate Commission<\/span> from that state. Each State Council<\/span> shall appoint as its Commissioner<\/span> the Compact Administrator<\/span> from that state to serve on the Interstate Commission<\/span> in such capacity under or pursuant to applicable law<\/span> of the member<\/span> state. While each member<\/span> state may determine the membership of its own State Council<\/span>, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups and compact administrators<\/span>. Each Compacting State<\/span> retains the right to determine the qualifications of the Compact Administrator<\/span> who shall be appointed by the State Council<\/span> or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its Commissioner<\/span> to the national Interstate Commission<\/span>, each State Council<\/span> shall exercise oversight and advocacy concerning its participation in Interstate Commission<\/span> activities and other duties as may be determined by each member<\/span> state including but not limited to, development of policy concerning operations and procedures of the Compact within that state.\n\t\t\tARTICLE V.\n\t\t\tPOWERS AND DUTIES OF THE INTERSTATE COMMISSION<\/span>.\n\t\t\tThe Interstate Commission<\/span> shall have the following powers: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To adopt the seal and suitable Bylaws<\/span> governing the management and operation of the Interstate Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To promulgate Rules<\/span>, 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 offenders<\/span> subject to the terms of this Compact and any Bylaws<\/span> adopted and Rules<\/span> promulgated by the Compact Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To enforce compliance with Compact provisions, Interstate Commission<\/span> Rules<\/span>, and 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. <\/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, or contract<\/span> for services of personnel, including, but not limited to, members<\/span> and their staffs. <\/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 the carrying out of its functions including, but not limited to, an executive committee as required by Article III, which shall have the power to act on behalf of the Interstate Commission<\/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, 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, among other things, 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 same. <\/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 X 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 provide for dispute resolution among Compacting States<\/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<\/span> 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 offenders<\/span> for officials involved in such activity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> To establish uniform standards for the reporting, collecting, and exchanging of data.\n\t\t\tARTICLE VI.\n\t\t\tORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION<\/span>.\n\t\t\tSection A. Bylaws<\/span>.\n\t\t\tThe Interstate Commission<\/span> shall, by a majority of the members<\/span>, within 12 months of 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: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Establishing the fiscal year of the Interstate Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Establishing an executive committee and such other committees as may be necessary; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Providing reasonable standards and procedures: (i) for the establishment of committees and (ii) governing any general or specific delegation of any authority or function of the Interstate Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Providing reasonable procedures for calling and conducting meetings of the Interstate Commission<\/span>, and ensuring reasonable notice of each such meeting; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Establishing the titles and responsibilities of the officers of the Interstate Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission<\/span>. Notwithstanding any civil service or other similar laws<\/span> of any Compacting State<\/span>, the Bylaws<\/span> shall exclusively govern the personnel policies and programs of the Interstate Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Providing a mechanism for winding up the operations of the Interstate Commission<\/span> and the equitable<\/span> return of any surplus funds that may exist upon the termination of the Compact after the payment or reserving of all of its debts and obligations or both; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Providing transition rules<\/span> for “start up” administration of the Compact; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Establishing standards and procedures for compliance and technical assistance in carrying out the Compact.\n\t\t\tSection B. Officers and Staff.\n\t\t\tThe Interstate Commission<\/span> shall, by a majority of the Members<\/span>, elect from among its Members<\/span> a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the Bylaws<\/span>. The chairperson or, in his absence or disability, the vice chairperson, 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 actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission<\/span>.\n\t\t\tThe 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>, and hire and supervise such other staff as may be authorized by the Interstate Commission<\/span>, but shall not be a member<\/span>.\n\t\t\tSection C. Corporate Records of the Interstate Commission<\/span>.\n\t\t\tThe Interstate Commission<\/span> shall maintain its corporate books and records in accordance with the Bylaws<\/span>.\n\t\t\tSection D. Qualified Immunity, Defense and Indemnification.\n\t\t\tThe Members<\/span>, officers, executive director<\/span> and employees of the Interstate Commission<\/span> shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission<\/span> employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person<\/span> from suit and\/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person<\/span>. The Interstate Commission<\/span> shall defend the Commissioner<\/span> of a Compacting State<\/span>, or his representatives or employees, or the Interstate Commission<\/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 wrongdoing on the part of such person<\/span>.\n\t\t\tThe Interstate Commission<\/span> shall indemnify and hold the Commissioner<\/span> of a Compacting State<\/span>, the appointed designee 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<\/span> 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<\/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 gross negligence<\/span> or intentional wrongdoing on the part of such person<\/span>.\n\t\t\tARTICLE VII.\n\t\t\tACTIVITIES OF THE INTERSTATE COMMISSION<\/span>.\n\t\t\tThe Interstate Commission<\/span> shall meet and take such actions as are consistent with the provisions of this Compact. Except as otherwise provided in this Compact and unless a greater percentage is required by the Bylaws<\/span>, in order to constitute an act of the Interstate Commission<\/span>, such act shall have been taken at a meeting of the Interstate Commission<\/span> and shall have received an affirmative vote of a majority of the Members<\/span> present.\n\t\t\tEach Member<\/span> 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<\/span> shall vote in person<\/span> on behalf of the State and shall not delegate a vote to another member<\/span> State. However, a State Council<\/span> shall appoint another authorized representative, in the absence of the Commissioner<\/span> from that State, to case a vote on behalf of the member<\/span> State at a specified meeting. The Bylaws<\/span> may provide for Members<\/span>’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where Members<\/span> are present in person<\/span>.\n\t\t\tThe Interstate Commission<\/span> shall meet at least once during each calendar year. The chairperson of the Interstate Commission<\/span> may call additional meetings at any time and, upon the request of a majority of the Members<\/span>, shall call additional meetings.\n\t\t\tThe 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 they would adversely affect personal privacy rights or proprietary interests. In promulgating such Rules<\/span>, the Interstate Commission<\/span> may make available to law<\/span> enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law<\/span>-enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.\n\t\t\tPublic 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> shall promulgate Rules<\/span> consistent with the principles contained in the “Government in Sunshine Act,” 5 U.S.C. § 552b, as may be amended. 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<\/span> of a crime<\/span>, or formally censuring any person<\/span>; <\/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 investigatory 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, or on behalf of or for the use of, the Interstate Commission<\/span> with respect to a regulated entity for the purpose of regulation or supervision of such 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 life of a person<\/span> or the stability of a regulated entity; and <\/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 proceeding.\n\t\t\tFor every meeting closed pursuant to this provision, the Interstate Commission<\/span>’s chief legal officer shall publicly certify that, in his 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<\/span> on the question). All documents considered in connection with any action shall be identified in such minutes.\n\t\t\tThe Interstate Commission<\/span> shall collect standardized data concerning the interstate movement of offenders<\/span> as directed through its Bylaws<\/span> and Rules<\/span>, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.\n\t\t\tARTICLE VIII.\n\t\t\tRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION<\/span>.\n\t\t\tThe Interstate Commission<\/span> shall promulgate Rules<\/span> in order to effectively and efficiently achieve the purposes of the Compact including transition rules<\/span> governing administration of the Compact during the period in which it is being considered and enacted by the States.\n\t\t\tRulemaking 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 federal Administrative Procedure Act, 5 U.S.C.S. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, § 1 et seq., as may be amended (hereinafter APA). All Rules<\/span> and amendments shall become binding as of the date specified in each Rule or amendment.\n\t\t\tIf a majority of the legislatures of the Compacting States<\/span> rejects a Rule, by enactment of a statute<\/span> or resolution in the same manner used to adopt the Compact, then such Rule shall have no further force and effect in any Compacting State<\/span>.\n\t\t\tWhen promulgating a Rule, the Interstate Commission<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Publish the proposed Rule stating with particularity the text of the Rule that is proposed and the reason for the proposed Rule; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

3.<\/span> Provide an opportunity for an informal hearing<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Promulgate a final Rule and its effective date, if appropriate, based on the rulemaking record.\n\t\t\tNot later than 60 days after a Rule is promulgated, any interested person<\/span> may file a petition<\/span> in the United States District Court of 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. If the court finds that the Interstate Commission<\/span>’s action is not supported by substantial evidence<\/span>, as defined in the APA, in the rulemaking record, the court shall hold the Rule unlawful and set it aside.\n\t\t\tSubjects to be addressed within 12 months after the first meeting must at a minimum include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Notice to victims and opportunity to be heard; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Offender<\/span> registration and compliance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

4.<\/span> Transfer procedures and forms; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Eligibility for transfer; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Collection of restitution<\/span> and fees from offenders<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Data collection and reporting; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The level of supervision to be provided by the receiving state; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Transition rules<\/span> governing the operation of the Compact and the Interstate Commission<\/span> during all or part of the period between the effective date of the Compact and the date on which the last eligible State adopts the Compact; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Mediation, arbitration and dispute resolution.\n\t\t\tThe existing rules<\/span> governing the operation of the previous compact superceded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission<\/span> created hereunder.\n\t\t\tUpon determination by the Interstate Commission<\/span> that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.\n\t\t\tARTICLE IX.\n\t\t\tOVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION<\/span>.\n\t\t\tSection A. Oversight.\n\t\t\tThe Interstate Commission<\/span> shall oversee the interstate movement of adult<\/span> offenders<\/span> in the Compacting States<\/span> and shall monitor such activities being administered in Noncompacting States<\/span> that may significantly affect Compacting States<\/span>.\n\t\t\tThe 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>. In any judicial or administrative proceeding in a Compacting State<\/span> pertaining to the subject matter of this Compact, which may affect the powers, responsibilities or actions of the Interstate Commission<\/span>, the Interstate Commission<\/span> 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.\n\t\t\tSection B. Dispute Resolution.\n\t\t\tThe Compacting States<\/span> shall report to the Interstate Commission<\/span> on issues<\/span> or activities of concern to them, and cooperate with and support the Interstate Commission<\/span> in the discharge of its duties and responsibilities.\n\t\t\tThe Interstate Commission<\/span> shall attempt to resolve any disputes or other issues<\/span> that are subject to the Compact and may arise among Compacting States<\/span> and Noncompacting States<\/span>.\n\t\t\tThe Interstate Commission<\/span> shall enact a Bylaw or promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the Compacting States<\/span>.\n\t\t\tSection C. Enforcement.\n\t\t\tThe Interstate Commission<\/span>, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact using any or all means set forth in Article XII, Section B, of this Compact.\n\t\t\tARTICLE X.\n\t\t\tFINANCE.\n\t\t\tThe Interstate Commission<\/span> shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.\n\t\t\tThe 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, which must 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 the State and the volume of interstate movement of offenders<\/span> in each Compacting State<\/span> and shall promulgate a Rule binding upon all Compacting States<\/span>, which governs said assessment.\n\t\t\tThe Interstate Commission<\/span> shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; 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>.\n\t\t\tThe 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\tARTICLE XI.\n\t\t\tCOMPACTING STATES<\/span>, EFFECTIVE DATE AND AMENDMENT.\n\t\t\tAny State, as defined in Article II of this Compact, is eligible to become a Compacting State<\/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, 2002, or upon enactment into law<\/span> by the 35th State. 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 will be invited to participate in Interstate Commission<\/span> activities on a nonvoting basis prior to adoption of the Compact by all States and territories of the United States.\n\t\t\tAmendments to the Compact may be proposed by the Interstate Commission<\/span> 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\tARTICLE XII.\n\t\t\tWITHDRAWAL, DEFAULT<\/span>, TERMINATION, AND JUDICIAL ENFORCEMENT.\n\t\t\tSection A. Withdrawal.\n\t\t\tOnce effective, the Compact shall continue in force and remain binding upon each and every Compacting State<\/span>; provided, that a Compacting State<\/span> may withdraw from the Compact (hereinafter Withdrawing State) by enacting a statute<\/span> specifically repealing the statute<\/span> that enacted the Compact into law<\/span>.\n\t\t\tThe effective date of withdrawal is the effective date of the repeal.\n\t\t\tThe Withdrawing State shall immediately notify the chairperson 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.\n\t\t\tThe Withdrawing State is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.\n\t\t\tReinstatement following withdrawal of any Compacting State<\/span> shall occur upon the Withdrawing State reenacting the Compact or upon such later date as determined by the Interstate Commission<\/span>.\n\t\t\tSection B. Default<\/span>.\n\t\t\tIf the Interstate Commission<\/span> determines that any Compacting State<\/span> has at any time defaulted (hereinafter Defaulting State) in the performance of any of its obligations or responsibilities under this Compact, the Bylaws<\/span> or any duly promulgated Rules<\/span> the Interstate Commission<\/span> may impose any or all of the following penalties: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Remedial training and technical assistance as directed by the Interstate Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Suspension and termination of membership in the Compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the Bylaws<\/span> and Rules<\/span> have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission<\/span> to the Governor, the Chief Justice or Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council<\/span>.\n\t\t\tThe 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, Interstate Commission<\/span> Bylaws<\/span>, or duly promulgated Rules<\/span>. The Interstate Commission<\/span> shall immediately notify the Defaulting State in writing of the penalty<\/span> imposed by the Interstate Commission<\/span> on the Defaulting State pending a cure of the default<\/span>. The Interstate Commission<\/span> shall stipulate the conditions and the time period within which the Defaulting State must cure its default<\/span>. If the Defaulting State fails to cure the default<\/span> within the time period specified by the Interstate Commission<\/span>, in addition to any other penalties imposed herein, the Defaulting State may be terminated from the Compact upon an affirmative vote of 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 suspension. Within 60 days of the effective date of termination of a Defaulting State, the Interstate Commission<\/span> shall notify the Governor, the Chief Justice or Chief Judicial Officer and the majority and minority leaders of the Defaulting State’s legislature and the State Council<\/span> of such termination.\n\t\t\tThe 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.\n\t\t\tThe Interstate Commission<\/span> shall not bear any costs relating to the Defaulting State unless otherwise mutually agreed upon between the Interstate Commission<\/span> and the Defaulting State.\n\t\t\tReinstatement 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>.\n\t\t\tSection C. Judicial Enforcement.\n\t\t\tThe Interstate Commission<\/span> may, by majority vote of the Members<\/span>, 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 provision of the Compact, its duly promulgated Rules<\/span> and Bylaws<\/span>, against any Compacting State<\/span> in default<\/span>. In the event judicial enforcement is necessary the prevailing party<\/span> shall be awarded all costs of such litigation<\/span> including reasonable attorneys’ fees.\n\t\t\tSection D. Dissolution of Compact.\n\t\t\tThe 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>. 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 wound up and any surplus funds shall be distributed in accordance with the Bylaws<\/span>.\n\t\t\tARTICLE XIII.\n\t\t\tSEVERABILITY AND CONSTRUCTION.\n\t\t\tThe 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.\n\t\t\tThe provisions of this Compact shall be liberally constructed to effectuate its purposes.\n\t\t\tARTICLE XIV.\n\t\t\tBINDING EFFECT OF COMPACT AND OTHER LAWS<\/span>.\n\t\t\tSection A. Other Laws<\/span>.\n\t\t\tNothing herein prevents the enforcement of any other law<\/span> of a Compacting State<\/span> that is not inconsistent with this Compact.\n\t\t\tAll Compacting States<\/span>’ laws<\/span> conflicting with this Compact are superseded to the extent of the conflict.\n\t\t\tSection B. Binding Effect of the Compact.\n\t\t\tAll 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>.\n\t\t\tAll agreements between the Interstate Commission<\/span> and the Compacting States<\/span> are binding in accordance with their terms.\n\t\t\tUpon the request of the party<\/span> to a conflict over meaning or interpretation of Interstate Commission<\/span> actions, and upon a majority vote of the Compacting States<\/span>, the Interstate Commission<\/span> may issue<\/span> advisory opinions<\/span> regarding such meaning or interpretation.\n\t\t\tIn the event 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\nSHORT TITLE; GOVERNOR TO EXECUTE; FORM OF COMPACT (\u00a7 53.1-176.2)\n\nThis article may be cited as “The Interstate Compact for the Supervision\nof Adult Offenders.” The Governor shall execute, on behalf of the\nCommonwealth, with any other state or states legally joining therein a compact\nthat shall be in form substantially as follows:\n\t\tARTICLE I.\n\t\tPURPOSE.\n\t\tThe Compacting States to this Interstate Compact recognize that each state is\nresponsible for the supervision of adult offenders in the community who are\nauthorized pursuant to the Bylaws and Rules of this compact to travel across\nstate lines both to and from each Compacting State in such a manner as to track\nthe location of offenders, transfer supervision authority in an orderly and\nefficient manner, and when necessary return offenders to the originating\njurisdictions. The Compacting States also recognize that Congress, by enacting\nthe Crime Control Act, 4 U.S.C. \u00a7 112 (1965), has authorized and encouraged\ncompacts for cooperative efforts and mutual assistance in the prevention of\ncrime.\n\t\tIt is the purpose of this Compact and the Interstate Commission created\nhereunder, through means of joint and cooperative action among the Compacting\nStates: to provide the framework for the promotion of public safety and protect\nthe rights of victims through the control and regulation of the interstate\nmovement of offenders in the community; to provide for the effective tracking,\nsupervision, and rehabilitation of these offenders by the sending and receiving\nstates; and to equitably distribute the costs, benefits and obligations of the\nCompact among the Compacting States. In addition, this Compact will: create an\nInterstate Commission, which will establish uniform procedures to manage the\nmovement between states of adults placed under community supervision and\nreleased to the community under the jurisdiction of courts, paroling\nauthorities, corrections or other criminal justice agencies and which will\npromulgate rules to achieve the purpose of this Compact; ensure an opportunity\nfor input and timely notice to victims and to jurisdictions where defined\noffenders are authorized to travel or to relocate across state lines; establish\na system of uniform data collection, access to information on active cases by\nauthorized criminal justice officials, and regular reporting of Compact\nactivities to heads of State Councils, state executive, judicial, and\nlegislative branches and criminal justice administrators; monitor compliance\nwith rules governing interstate movement of offenders and initiate interventions\nto address and correct noncompliance; and coordinate training and education\nregarding regulations of interstate movement of offenders for officials involved\nin such activity.\n\t\tThe Compacting States recognize that there is no “right” of any\noffender to live in another state and that duly accredited officers of a sending\nstate may at all times enter a receiving state and there apprehend and retake\nany offender under supervision subject to the provisions of this Compact and the\nBylaws and Rules promulgated hereunder. It is the policy of the Compacting\nStates that the activities conducted by the Interstate Commission created herein\nare the formation of public policies and are therefore public business.\n\t\tARTICLE II.\n\t\tDEFINITIONS.\n\t\tAs used in this Compact, unless the context clearly requires a different\nconstruction:\n\n1. “Adult” means both individuals legally classified as adults and\njuveniles treated as adults by court order, statute, or operation of law.\n\n2. “Bylaws” means those bylaws established by the Interstate\nCommission for its governance, or for directing or controlling the Interstate\nCommission’s actions or conduct.\n\n3. “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\noffenders 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\n4. “Compacting State” means any state that has enacted the enabling\nlegislation for this Compact.\n\n5. “Commissioner” means the voting representative of each Compacting\nState appointed pursuant to Article III of this Compact.\n\n6. “Interstate Commission” means the Interstate Commission for Adult\nOffender Supervision established by this Compact.\n\n7. “Member” means the Commissioner of a Compacting State or\ndesignee, who shall be a person officially connected with the Commissioner.\n\n8. “Noncompacting State” means any State that has not enacted the\nenabling legislation for this Compact.\n\n9. “Offender” means an adult placed under, or subject to,\nsupervision as the result of the commission of a criminal offense and released\nto the community under the jurisdiction of courts, paroling authorities,\ncorrections, or other criminal justice agencies.\n\n10. “Person” means any individual, corporation, business enterprise,\nor other legal entity, either public or private.\n\n11. “Rules” means acts of the Interstate Commission, duly\npromulgated pursuant to Article VIII of this Compact, substantially affecting\ninterested parties in addition to the Interstate Commission, which shall have\nthe force and effect of law in the Compacting States.\n\n12. “State” means a state of the United States, the District of\nColumbia and any other territorial possessions of the United States.\n\n13. “State Council” means the resident members of the State Council\nfor Interstate Adult Offender Supervision created by each State under Article\nIII of this Compact.\n\t\t\tARTICLE III.\n\t\t\tTHE COMPACT COMMISSION.\n\t\t\tThe Compacting States hereby create the “Interstate Commission for\nAdult Offender Supervision.” The Interstate Commission shall be a body\ncorporate and joint agency of the Compacting States. The Interstate Commission\nshall have all the responsibilities, powers and duties set forth herein,\nincluding the power to sue and be sued, and such additional powers as may be\nconferred upon it by subsequent action of the respective legislatures of the\nCompacting States in accordance with the terms of this Compact.\n\t\t\tThe Interstate Commission shall consist of Commissioners selected and\nappointed by resident members of a State Council for Interstate Adult Offender\nSupervision for each State. In addition to the Commissioners who are the voting\nrepresentatives of each State, the Interstate Commission shall include\nindividuals who are not Commissioners but who are members of interested\norganizations. Such noncommissioner members must include a member of the\nnational organizations of governors, legislators, state chief justices,\nattorneys general and crime victims. All noncommissioner members of the\nInterstate Commission shall be ex officio (nonvoting) members. The Interstate\nCommission may provide in its Bylaws for such additional, ex officio, nonvoting\nmembers as it deems necessary.\n\t\t\tEach Compacting State represented at any meeting of the Interstate Commission\nis entitled to one vote. A majority of the Compacting States shall constitute a\nquorum for the transaction of business, unless a larger quorum is required by\nthe Bylaws of the Interstate Commission. The Interstate Commission shall meet at\nleast once each calendar year. The chairperson may call additional meetings and,\nupon the request of 27 or more Compacting States, shall call additional\nmeetings. Public notice shall be given of all meetings, and meetings shall be\nopen to the public.\n\t\t\tThe Interstate Commission shall establish an Executive Committee, which shall\ninclude commission officers, members and others as shall be determined by the\nBylaws. The Executive Committee shall have the power to act on behalf of the\nInterstate Commission during periods when the Interstate Commission is not in\nsession, with the exception of rulemaking or amendment to the Compact or both.\nThe Executive Committee oversees the day-to-day activities managed by the\nExecutive Director and Interstate Commission staff; administers enforcement and\ncompliance with the provisions of the Compact, its Bylaws and as directed by the\nInterstate Commission and performs other duties as directed by Commission or set\nforth in the Bylaws.\n\t\t\tARTICLE IV.\n\t\t\tTHE STATE COUNCIL.\n\t\t\tEach member state shall create a State Council for Interstate Adult Offender\nSupervision, which shall be responsible for the appointment of the Commissioner\nwho shall serve on the Interstate Commission from that state. Each State Council\nshall appoint as its Commissioner the Compact Administrator from that state to\nserve on the Interstate Commission in such capacity under or pursuant to\napplicable law of the member state. While each member state may determine the\nmembership of its own State Council, its membership must include at least one\nrepresentative from the legislative, judicial, and executive branches of\ngovernment, victims’ groups and compact administrators. Each Compacting\nState retains the right to determine the qualifications of the Compact\nAdministrator who shall be appointed by the State Council or by the Governor in\nconsultation with the Legislature and the Judiciary. In addition to appointment\nof its Commissioner to the national Interstate Commission, each State Council\nshall exercise oversight and advocacy concerning its participation in Interstate\nCommission activities and other duties as may be determined by each member state\nincluding but not limited to, development of policy concerning operations and\nprocedures of the Compact within that state.\n\t\t\tARTICLE V.\n\t\t\tPOWERS AND DUTIES OF THE INTERSTATE COMMISSION.\n\t\t\tThe Interstate Commission shall have the following powers:\n\n1. To adopt the seal and suitable Bylaws governing the management and operation\nof the Interstate Commission.\n\n2. To promulgate Rules, which shall have the force and effect of statutory law\nand shall be binding in the Compacting States to the extent and in the manner\nprovided in this Compact.\n\n3. To oversee, supervise and coordinate the interstate movement of offenders\nsubject to the terms of this Compact and any Bylaws adopted and Rules\npromulgated by the Compact Commission.\n\n4. To enforce compliance with Compact provisions, Interstate Commission Rules,\nand Bylaws, using all necessary and proper means, including but not limited to,\nthe use of judicial process.\n\n5. To establish and maintain offices.\n\n6. To purchase and maintain insurance and bonds.\n\n7. To borrow, accept, or contract for services of personnel, including, but not\nlimited to, members and their staffs.\n\n8. To establish and appoint committees and hire staff that it deems necessary\nfor the carrying out of its functions including, but not limited to, an\nexecutive committee as required by Article III, which shall have the power to\nact on behalf of the Interstate Commission in carrying out its powers and duties\nhereunder.\n\n9. To elect or appoint such officers, attorneys, employees, agents, consultants,\nand to fix their compensation, define their duties and determine their\nqualifications; and to establish the Interstate Commission’s personnel\npolicies and programs relating to, among other things, 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 same.\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 X of this Compact.\n\n14. To sue and be sued.\n\n15. To provide for dispute resolution among Compacting States.\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 offenders for officials involved in such activity.\n\n19. To establish uniform standards for the reporting, collecting, and exchanging\nof data.\n\t\t\tARTICLE VI.\n\t\t\tORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.\n\t\t\tSection A. Bylaws.\n\t\t\tThe Interstate Commission shall, by a majority of the members, within 12\nmonths of the first Interstate Commission meeting, adopt Bylaws to govern its\nconduct as may be necessary or appropriate to carry out the purposes of the\nCompact, including, but not limited to:\n\n1. Establishing the fiscal year of the Interstate Commission;\n\n2. Establishing an executive committee and such other committees as may be\nnecessary;\n\n3. Providing reasonable standards and procedures: (i) for the establishment of\ncommittees and (ii) governing any general or specific delegation of any\nauthority or function of the Interstate Commission;\n\n4. Providing reasonable procedures for calling and conducting meetings of the\nInterstate Commission, and ensuring reasonable notice of each such meeting;\n\n5. Establishing the titles and responsibilities of the officers of the\nInterstate Commission;\n\n6. Providing reasonable standards and procedures for the establishment of the\npersonnel policies and programs of the Interstate Commission. Notwithstanding\nany civil service or other similar laws of any Compacting State, the Bylaws\nshall exclusively govern the personnel policies and programs of the Interstate\nCommission;\n\n7. Providing a mechanism for winding up the operations of the Interstate\nCommission and the equitable return of any surplus funds that may exist upon the\ntermination of the Compact after the payment or reserving of all of its debts\nand obligations or both;\n\n8. Providing transition rules for “start up” administration of the\nCompact; and\n\n9. Establishing standards and procedures for compliance and technical assistance\nin carrying out the Compact.\n\t\t\tSection B. Officers and Staff.\n\t\t\tThe Interstate Commission shall, by a majority of the Members, elect from\namong its Members a chairperson and a vice chairperson, each of whom shall have\nsuch authorities and duties as may be specified in the Bylaws. The chairperson\nor, in his absence or disability, the vice chairperson, shall preside at all\nmeetings 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 actual and necessary costs and expenses incurred by them in\nthe performance of their duties and responsibilities as officers of the\nInterstate Commission.\n\t\t\tThe Interstate Commission shall, through its executive committee, appoint or\nretain an executive director for such period, upon such terms and conditions and\nfor such compensation as the Interstate Commission may deem appropriate. The\nexecutive director shall serve as secretary to the Interstate Commission, and\nhire and supervise such other staff as may be authorized by the Interstate\nCommission, but shall not be a member.\n\t\t\tSection C. Corporate Records of the Interstate Commission.\n\t\t\tThe Interstate Commission shall maintain its corporate books and records in\naccordance with the Bylaws.\n\t\t\tSection D. Qualified Immunity, Defense and Indemnification.\n\t\t\tThe Members, officers, executive director and employees of the Interstate\nCommission shall be immune from suit and liability, either personally or in\ntheir official capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability caused or arising out of any actual or\nalleged act, error or omission that occurred within the scope of Interstate\nCommission employment, duties or responsibilities; provided, that nothing in\nthis paragraph shall be construed to protect any such person from suit and\/or\nliability for any damage, loss, injury or liability caused by the intentional or\nwillful and wanton misconduct of any such person. The Interstate Commission\nshall defend the Commissioner of a Compacting State, or his representatives or\nemployees, or the Interstate Commission’s representatives or employees, in\nany civil action seeking to impose liability, arising out of any actual or\nalleged act, error or omission that occurred within the scope of Interstate\nCommission employment, duties or responsibilities, or that the defendant had a\nreasonable basis for believing occurred within the scope of Interstate\nCommission employment, duties or responsibilities; provided, that the actual or\nalleged act, error or omission did not result from intentional wrongdoing on the\npart of such person.\n\t\t\tThe Interstate Commission shall indemnify and hold the Commissioner of a\nCompacting State, the appointed designee or employees, or the Interstate\nCommission’s representatives or employees, harmless in the amount of any\nsettlement or judgment obtained against such persons arising out of any actual\nor alleged act, error or omission that occurred within the scope of Interstate\nCommission employment, duties or responsibilities, or that such persons had a\nreasonable basis for believing occurred within the scope of Interstate\nCommission employment, duties or responsibilities; provided, that the actual or\nalleged act, error or omission did not result from gross negligence or\nintentional wrongdoing on the part of such person.\n\t\t\tARTICLE VII.\n\t\t\tACTIVITIES OF THE INTERSTATE COMMISSION.\n\t\t\tThe Interstate Commission shall meet and take such actions as are consistent\nwith the provisions of this Compact. Except as otherwise provided in this\nCompact and unless a greater percentage is required by the Bylaws, in order to\nconstitute an act of the Interstate Commission, such act shall have been taken\nat a meeting of the Interstate Commission and shall have received an affirmative\nvote of a majority of the Members present.\n\t\t\tEach Member of the Interstate Commission shall have the right and power to\ncast a vote to which that Compacting State is entitled and to participate in the\nbusiness and affairs of the Interstate Commission. A Member shall vote in person\non behalf of the State and shall not delegate a vote to another member State.\nHowever, a State Council shall appoint another authorized representative, in the\nabsence of the Commissioner from that State, to case a vote on behalf of the\nmember State at a specified meeting. The Bylaws may provide for Members’\nparticipation in meetings by telephone or other means of telecommunication or\nelectronic communication. Any voting conducted by telephone, or other means of\ntelecommunication or electronic communication shall be subject to the same\nquorum requirements of meetings where Members are present in person.\n\t\t\tThe Interstate Commission shall meet at least once during each calendar year.\nThe chairperson of the Interstate Commission may call additional meetings at any\ntime and, upon the request of a majority of the Members, shall call additional\nmeetings.\n\t\t\tThe Interstate Commission’s Bylaws shall establish conditions and\nprocedures under which the Interstate Commission shall make its information and\nofficial records available to the public for inspection or copying. The\nInterstate Commission may exempt from disclosure any information or official\nrecords to the extent they would adversely affect personal privacy rights or\nproprietary interests. In promulgating such Rules, the Interstate Commission may\nmake available to law enforcement agencies records and information otherwise\nexempt from disclosure, and may enter into agreements with law-enforcement\nagencies to receive or exchange information or records subject to nondisclosure\nand confidentiality provisions.\n\t\t\tPublic notice shall be given of all meetings, and all meetings shall be open\nto the public, except as set forth in the Rules or as otherwise provided in the\nCompact. The Interstate Commission shall promulgate Rules consistent with the\nprinciples contained in the “Government in Sunshine Act,” 5 U.S.C.\n§ 552b, as may be amended. The Interstate Commission and any of its\ncommittees may close a meeting to the public where it determines by two-thirds\nvote that an open 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 investigatory records compiled for law-enforcement purposes;\n\n7. Disclose information contained in or related to examination, operating or\ncondition reports prepared by, or on behalf of or for the use of, the Interstate\nCommission with respect to a regulated entity for the purpose of regulation or\nsupervision of such entity;\n\n8. Disclose information, the premature disclosure of which would significantly\nendanger the life of a person or the stability of a regulated entity; and\n\n9. Specifically relate to the Interstate Commission’s issuance of a\nsubpoena, or its participation in a civil action or proceeding.\n\t\t\tFor every meeting closed pursuant to this provision, the Interstate\nCommission’s chief legal officer shall publicly certify that, in his\nopinion, the meeting may be closed to the public, and shall reference each\nrelevant exemptive provision. The Interstate Commission shall keep minutes that\nshall fully and clearly describe all matters discussed in any meeting and shall\nprovide a full and accurate summary of any actions taken, and the reasons\ntherefor, including a description of each of the views expressed on any item and\nthe record of any roll call vote (reflected in the vote of each Member on the\nquestion). All documents considered in connection with any action shall be\nidentified in such minutes.\n\t\t\tThe Interstate Commission shall collect standardized data concerning the\ninterstate movement of offenders as directed through its Bylaws and Rules, which\nshall specify the data to be collected, the means of collection and data\nexchange and reporting requirements.\n\t\t\tARTICLE VIII.\n\t\t\tRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.\n\t\t\tThe Interstate Commission shall promulgate Rules in order to effectively and\nefficiently achieve the purposes of the Compact including transition rules\ngoverning administration of the Compact during the period in which it is being\nconsidered and enacted by the States.\n\t\t\tRulemaking shall occur pursuant to the criteria set forth in this article and\nthe Bylaws and Rules adopted pursuant thereto. Such rulemaking shall\nsubstantially conform to the principles of the federal Administrative Procedure\nAct, 5 U.S.C.S. § 551 et seq., and the Federal Advisory Committee Act, 5\nU.S.C.S. app. 2, § 1 et seq., as may be amended (hereinafter APA). All\nRules and amendments shall become binding as of the date specified in each Rule\nor amendment.\n\t\t\tIf a majority of the legislatures of the Compacting States rejects a Rule, by\nenactment of a statute or resolution in the same manner used to adopt the\nCompact, then such Rule shall have no further force and effect in any Compacting\nState.\n\t\t\tWhen promulgating a Rule, the Interstate Commission shall:\n\n1. Publish the proposed Rule stating with particularity the text of the Rule\nthat is proposed and the reason for the proposed Rule;\n\n2. Allow persons to submit written data, facts, opinions and arguments, which\ninformation shall be publicly available;\n\n3. Provide an opportunity for an informal hearing; and\n\n4. Promulgate a final Rule and its effective date, if appropriate, based on the\nrulemaking record.\n\t\t\tNot later than 60 days after a Rule is promulgated, any interested person may\nfile a petition in the United States District Court of the District of Columbia\nor in the Federal District Court where the Interstate Commission’s\nprincipal office is located for judicial review of such Rule. If the court finds\nthat the Interstate Commission’s action is not supported by substantial\nevidence, as defined in the APA, in the rulemaking record, the court shall hold\nthe Rule unlawful and set it aside.\n\t\t\tSubjects to be addressed within 12 months after the first meeting must at a\nminimum include:\n\n1. Notice to victims and opportunity to be heard;\n\n2. Offender registration and compliance;\n\n3. Violations\/returns;\n\n4. Transfer procedures and forms;\n\n5. Eligibility for transfer;\n\n6. Collection of restitution and fees from offenders;\n\n7. Data collection and reporting;\n\n8. The level of supervision to be provided by the receiving state;\n\n9. Transition rules governing the operation of the Compact and the Interstate\nCommission during all or part of the period between the effective date of the\nCompact and the date on which the last eligible State adopts the Compact; and\n\n10. Mediation, arbitration and dispute resolution.\n\t\t\tThe existing rules governing the operation of the previous compact superceded\nby this Act shall be null and void 12 months after the first meeting of the\nInterstate Commission created hereunder.\n\t\t\tUpon determination by the Interstate Commission that an emergency exists, it\nmay promulgate an emergency rule which shall become effective immediately upon\nadoption, provided that the usual rulemaking procedures provided hereunder shall\nbe retroactively applied to said rule as soon as reasonably possible, in no\nevent later than 90 days after the effective date of the rule.\n\t\t\tARTICLE IX.\n\t\t\tOVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION.\n\t\t\tSection A. Oversight.\n\t\t\tThe Interstate Commission shall oversee the interstate movement of adult\noffenders in the Compacting States and shall monitor such activities being\nadministered in Noncompacting States that may significantly affect Compacting\nStates.\n\t\t\tThe 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. In any judicial or administrative\nproceeding in a Compacting State pertaining to the subject matter of this\nCompact, which may affect the powers, responsibilities or actions of the\nInterstate Commission, the Interstate Commission shall be entitled to receive\nall service of process in any such proceeding, and shall have standing to\nintervene in the proceeding for all purposes.\n\t\t\tSection B. Dispute Resolution.\n\t\t\tThe Compacting States shall report to the Interstate Commission on issues or\nactivities of concern to them, and cooperate with and support the Interstate\nCommission in the discharge of its duties and responsibilities.\n\t\t\tThe Interstate Commission shall attempt to resolve any disputes or other\nissues that are subject to the Compact and may arise among Compacting States and\nNoncompacting States.\n\t\t\tThe Interstate Commission shall enact a Bylaw or promulgate a Rule providing\nfor both mediation and binding dispute resolution for disputes among the\nCompacting States.\n\t\t\tSection C. Enforcement.\n\t\t\tThe Interstate Commission, in the reasonable exercise of its discretion,\nshall enforce the provisions of this Compact using any or all means set forth in\nArticle XII, Section B, of this Compact.\n\t\t\tARTICLE X.\n\t\t\tFINANCE.\n\t\t\tThe Interstate Commission shall pay or provide for the payment of the\nreasonable expenses of its establishment, organization and ongoing activities.\n\t\t\tThe Interstate Commission shall levy on and collect an annual assessment from\neach Compacting State to cover the cost of the internal operations and\nactivities of the Interstate Commission and its staff, which must be in a total\namount sufficient to cover the Interstate Commission’s annual budget as\napproved each year. The aggregate annual assessment amount shall be allocated\nbased upon a formula to be determined by the Interstate Commission, taking into\nconsideration the population of the State and the volume of interstate movement\nof offenders in each Compacting State and shall promulgate a Rule binding upon\nall Compacting States, which governs said assessment.\n\t\t\tThe Interstate Commission shall not incur any obligations of any kind prior\nto securing the funds adequate to meet the same; nor shall the Interstate\nCommission pledge the credit of any of the Compacting States, except by and with\nthe authority of the Compacting State.\n\t\t\tThe Interstate Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Interstate Commission shall\nbe subject to the audit and accounting procedures established under its Bylaws.\nHowever, all receipts and disbursements of funds handled by the Interstate\nCommission shall be audited yearly by a certified or licensed public accountant\nand the report of the audit shall be included in and become part of the annual\nreport of the Interstate Commission.\n\t\t\tARTICLE XI.\n\t\t\tCOMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.\n\t\t\tAny State, as defined in Article II of this Compact, is eligible to become a\nCompacting State. The Compact shall become effective and binding upon\nlegislative enactment of the Compact into law by no less than 35 of the States.\nThe initial effective date shall be the later of July 1, 2002, or upon enactment\ninto law by the 35th State. Thereafter it shall become effective and binding, as\nto any other Compacting State, upon enactment of the Compact into law by that\nState. The governors of nonmember States or their designees will be invited to\nparticipate in Interstate Commission activities on a nonvoting basis prior to\nadoption of the Compact by all States and territories of the United States.\n\t\t\tAmendments to the Compact may be proposed by the Interstate Commission for\nenactment by the Compacting States. No amendment shall become effective and\nbinding upon the Interstate Commission and the Compacting States unless and\nuntil it is enacted into law by unanimous consent of the Compacting States.\n\t\t\tARTICLE XII.\n\t\t\tWITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT.\n\t\t\tSection A. Withdrawal.\n\t\t\tOnce effective, the Compact shall continue in force and remain binding upon\neach and every Compacting State; provided, that a Compacting State may withdraw\nfrom the Compact (hereinafter Withdrawing State) by enacting a statute\nspecifically repealing the statute that enacted the Compact into law.\n\t\t\tThe effective date of withdrawal is the effective date of the repeal.\n\t\t\tThe Withdrawing State shall immediately notify the chairperson of the\nInterstate Commission in writing upon the introduction of legislation repealing\nthis Compact in the Withdrawing State. The Interstate Commission shall notify\nthe other Compacting States of the Withdrawing State’s intent to withdraw\nwithin 60 days of its receipt thereof.\n\t\t\tThe Withdrawing State is responsible for all assessments, obligations and\nliabilities incurred through the effective date of withdrawal, including any\nobligations, the performance of which extend beyond the effective date of\nwithdrawal.\n\t\t\tReinstatement following withdrawal of any Compacting State shall occur upon\nthe Withdrawing State reenacting the Compact or upon such later date as\ndetermined by the Interstate Commission.\n\t\t\tSection B. Default.\n\t\t\tIf the Interstate Commission determines that any Compacting State has at any\ntime defaulted (hereinafter Defaulting State) in the performance of any of its\nobligations or responsibilities under this Compact, the Bylaws or any duly\npromulgated Rules the Interstate Commission may impose any or all of the\nfollowing penalties:\n\n1. Fines, fees and costs in such amounts as are deemed to be reasonable as fixed\nby the Interstate Commission;\n\n2. Remedial training and technical assistance as directed by the Interstate\nCommission;\n\n3. Suspension and termination of membership in the Compact. Suspension shall be\nimposed only after all other reasonable means of securing compliance under the\nBylaws and Rules have been exhausted. Immediate notice of suspension shall be\ngiven by the Interstate Commission to the Governor, the Chief Justice or Chief\nJudicial Officer of the state, the majority and minority leaders of the\ndefaulting state’s legislature, and the State Council.\n\t\t\tThe 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, Interstate Commission Bylaws, or duly promulgated Rules. The\nInterstate Commission shall immediately notify the Defaulting State in writing\nof the penalty imposed by the Interstate Commission on the Defaulting State\npending a cure of the default. The Interstate Commission shall stipulate the\nconditions and the time period within which the Defaulting State must cure its\ndefault. If the Defaulting State fails to cure the default within the time\nperiod specified by the Interstate Commission, in addition to any other\npenalties imposed herein, the Defaulting State may be terminated from the\nCompact upon an affirmative vote of majority of the Compacting States and all\nrights, privileges and benefits conferred by this Compact shall be terminated\nfrom the effective date of suspension. Within 60 days of the effective date of\ntermination of a Defaulting State, the Interstate Commission shall notify the\nGovernor, the Chief Justice or Chief Judicial Officer and the majority and\nminority leaders of the Defaulting State’s legislature and the State\nCouncil of such termination.\n\t\t\tThe 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\t\t\tThe Interstate Commission shall not bear any costs relating to the Defaulting\nState unless otherwise mutually agreed upon between the Interstate Commission\nand the Defaulting State.\n\t\t\tReinstatement 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\t\t\tSection C. Judicial Enforcement.\n\t\t\tThe Interstate Commission may, by majority vote of the Members, initiate\nlegal action in the United States District Court for the District of Columbia\nor, at the discretion of the Interstate Commission, in the Federal District\nwhere the Interstate Commission has its offices to enforce compliance with the\nprovision of the Compact, its duly promulgated Rules and Bylaws, against any\nCompacting State in default. In the event judicial enforcement is necessary the\nprevailing party shall be awarded all costs of such litigation including\nreasonable attorneys’ fees.\n\t\t\tSection D. Dissolution of Compact.\n\t\t\tThe 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. Upon the dissolution of this Compact, the Compact becomes null and void\nand shall be of no further force or effect, and the business and affairs of the\nInterstate Commission shall be wound up and any surplus funds shall be\ndistributed in accordance with the Bylaws.\n\t\t\tARTICLE XIII.\n\t\t\tSEVERABILITY AND CONSTRUCTION.\n\t\t\tThe provisions of this Compact shall be severable, and if any phrase, clause,\nsentence or provision is deemed unenforceable, the remaining provisions of the\nCompact shall be enforceable.\n\t\t\tThe provisions of this Compact shall be liberally constructed to effectuate\nits purposes.\n\t\t\tARTICLE XIV.\n\t\t\tBINDING EFFECT OF COMPACT AND OTHER LAWS.\n\t\t\tSection A. Other Laws.\n\t\t\tNothing herein prevents the enforcement of any other law of a Compacting\nState that is not inconsistent with this Compact.\n\t\t\tAll Compacting States’ laws conflicting with this Compact are\nsuperseded to the extent of the conflict.\n\t\t\tSection B. Binding Effect of the Compact.\n\t\t\tAll lawful actions of the Interstate Commission, including all Rules and\nBylaws promulgated by the Interstate Commission, are binding upon the Compacting\nStates.\n\t\t\tAll agreements between the Interstate Commission and the Compacting States\nare binding in accordance with their terms.\n\t\t\tUpon the request of the party to a conflict over meaning or interpretation of\nInterstate Commission actions, and upon a majority vote of the Compacting\nStates, the Interstate Commission may issue advisory opinions regarding such\nmeaning or interpretation.\n\t\t\tIn the event any provision of this Compact exceeds the constitutional limits\nimposed on the legislature of any Compacting State, the obligations, duties,\npowers or jurisdiction sought to be conferred by such provision upon the\nInterstate Commission shall be ineffective and such obligations, duties, powers\nor jurisdiction shall remain in the Compacting State and shall be exercised by\nthe agency thereof to which such obligations, duties, powers or jurisdiction are\ndelegated by law in effect at the time this Compact becomes effective.\n\nHISTORY: 2004, c. 407.","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}}