11180-11181
PENAL CODE
SECTION 11180-11181
11180. The Interstate Compact for Adult Offender Supervision as
contained herein is hereby enacted into law and entered into on
behalf of the state with any and all other states legally joining
therein in a form substantially as follows:
Preamble
Whereas: The interstate compact for the supervision of Parolees
and Probationers was established in 1937. It is the earliest
corrections "compact" established among the states and has not been
amended since its adoption over 62 years ago.
Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines and it
currently has jurisdiction over more than a quarter of a million
offenders.
Whereas: The complexities of the compact have become more
difficult to administer, and many jurisdictions have expanded
supervision expectations to include currently unregulated practices
such as victim input, victim notification requirements, and sex
offender registration.
Whereas: After hearings, national surveys, and a detailed study
by a task force appointed by the National Institute of Corrections,
the overwhelming recommendation has been to amend the document to
bring about an effective management capacity that addresses public
safety concerns and offender accountability.
Whereas: Upon the adoption of this Interstate Compact for Adult
Offender Supervision, it is the intention of the Legislature to
repeal the previous Interstate Compact for the Supervision of
Parolees and Probationers as to those states that have ratified this
compact.
Be it enacted by the General Assembly (Legislature) of the state
of California.
Short title: This Act may be cited as The Interstate Compact for
Adult Offender Supervision.
Article I. Purpose
The compacting states to this Interstate Compact recognize that
each state is responsible for the supervision of adult offenders in
the community who are authorized pursuant to the Bylaws and Rules of
this compact to travel across state lines both to and from each
compacting state in a manner so 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. Section 112 (1965), has
authorized and encouraged compacts for cooperative efforts and mutual
assistance in the prevention of crime. It is the purpose of this
compact and the Interstate Commission created hereunder, through
means of joint and cooperative action among the compacting states: 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 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 non-compliance; and coordinate training and education
regarding regulations of interstate movement of offenders for
officials involved in these types of activities. The compacting
states recognize that there is no "right" of any offender to live in
another state and that duly accredited officers of a sending state
may at all times enter a receiving state and there apprehend and
retake any offender under supervision subject to the provisions of
this compact and Bylaws and Rules promulgated hereunder. It is the
policy of the compacting states that the activities conducted by the
Interstate Commission created herein are the formation of public
policies and are therefore public business.
Article II. Definitions
As used in this compact, unless the context clearly requires a
different construction:
"Adult" means both individuals legally classified as adults and
juveniles treated as adults by court order, statute, or operation of
law.
"By-laws" mean those by-laws established by the Interstate
Commission for its governance, or for directing or controlling the
Interstate Commission's actions or conduct.
"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.
"Compacting state" means any state which has enacted the enabling
legislation for this compact.
"Commissioner" means the voting representative of each compacting
state appointed pursuant to Article III of this compact.
"Interstate Commission" means the Interstate Commission for Adult
Offender Supervision established by this compact.
"Member" means the commissioner of a compacting state or designee,
who shall be a person officially connected with the commissioner.
"Non Compacting state" means any state which has not enacted the
enabling legislation for this compact.
"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.
"Person" means any individual, corporation, business enterprise,
or other legal entity, either public or private.
"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.
"State" means a state of the United States, the District of
Columbia, and any other territorial possessions of the United States.
"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.
Article III. The Compact Commission
The compacting states hereby create the "Interstate Commission for
Adult Offender Supervision."
The Interstate Commission shall be a body corporate and joint
agency of the compacting states.
The Interstate Commission shall have all the responsibilities,
powers, and duties set forth herein, including the power to sue and
be sued, and whatever additional powers as may be conferred upon it
by subsequent action of the respective legislatures of the compacting
states in accordance with the terms of this compact.
The Interstate Commission shall consist of Commissioners selected
and appointed by resident members of the 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; these
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 by-laws for these
additional, ex-officio, nonvoting members as it deems necessary. Each
compacting state represented at any meeting of the Interstate
Commission is entitled to one vote. A majority of the compacting
states shall constitute a quorum for the transaction of business,
unless a larger quorum is required by the by-laws of the Interstate
Commission. The Interstate Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and, upon
the request of 27 or more compacting states, shall call additional
meetings. Public notice shall be given of all meetings and meetings
shall be open to the public.
The Interstate Commission shall establish an Executive Committee
which shall include commission officers, members and others as shall
be determined by the By-laws. The Executive Committee shall have the
power to act on behalf of the Interstate Commission during periods
when the Interstate Commission is not in session, with the exception
of rulemaking and/or amendment to the Compact. The Executive
Committee oversees the day-to-day activities managed by the Executive
Director and Interstate Commission staff; administers enforcement
and compliance with the provisions of the compact, its by-laws and as
directed by the Interstate Commission and performs other duties as
directed by the Commission or set forth in the By-laws.
Article IV. The State Council
Each member state shall create a State Council for Interstate
Adult Offender Supervision which shall be responsible for the
appointment of the commissioner who shall serve on the Interstate
Commission from that state. Each state council shall appoint as its
commissioner the Compact Administrator from that state to serve on
the Interstate Commission in this capacity under or pursuant to
applicable law of the member state. While each member state may
determine the membership of its own state council, its membership
must include at least one representative from the legislative,
judicial, and executive branches of government, victims groups and
compact administrators. Each compacting state retains the right to
determine the qualifications of the Compact Administrator who shall
be appointed by the state council or by the Governor in consultation
with the Legislature and the Judiciary. In addition to appointment of
its commissioner to the National Interstate Commission, each state
council shall exercise oversight and advocacy concerning its
participation in Interstate Commission activities and other duties as
may be determined by each member state, including, but not limited
to, development of policy concerning operations and procedures of the
compact within that state.
Article V. Powers and Duties of the Interstate
Commission
The Interstate Commission shall have the following powers:
To adopt a seal and suitable by-laws governing the management and
operation of the Interstate Commission.
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.
To oversee, supervise and coordinate the interstate movement of
offenders subject to the terms of this compact and any by-laws
adopted and rules promulgated by the compact commission.
To enforce compliance with compact provisions, Interstate
Commission rules, and by-laws, using all necessary and proper means,
including, but not limited to, the use of judicial process.
To establish and maintain offices.
To purchase and maintain insurance and bonds.
To borrow, accept, or contract for services of personnel,
including, but not limited to, members and their staffs.
To establish and appoint committees and hire staff which it deems
necessary for the carrying out of its functions including, but not
limited to, an executive committee as required by Article III which
shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.
To elect or appoint officers, attorneys, employees, agents, or
consultants, and to fix their compensation, define their duties and
determine their qualifications; and to establish the Interstate
Commission's personnel policies and programs relating to, among other
things, conflicts of interest, rates of compensation, and
qualifications of personnel.
To accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and
dispose of same.
To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal,
or mixed.
To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal or mixed.
To establish a budget and make expenditures and levy dues as
provided in Article X of this compact.
To sue and be sued.
To provide for dispute resolution among Compacting States.
To perform whatever functions as may be necessary or appropriate
to achieve the purposes of this compact.
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. These reports
shall also include any recommendations that may have been adopted by
the Interstate Commission.
To coordinate education, training and public awareness regarding
the interstate movement of offenders for officials involved in these
activities.
To establish uniform standards for the reporting, collecting, and
exchanging of data.
Article VI. Organization and Operation of the Interstate
Commission
Section A. By-laws
The Interstate Commission shall, by a majority of the Members,
within twelve months of the first Interstate Commission meeting,
adopt By-laws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the Compact, including, but
not limited to:
Establishing the fiscal year of the Interstate Commission.
Establishing an executive committee and other committees as may be
necessary.
Providing reasonable standards and procedures:
(i) For the establishment of committees.
(ii) Governing any general or specific delegation of any authority
or function of the Interstate Commission; providing reasonable
procedures for calling and conducting meetings of the Interstate
Commission, and ensuring reasonable notice of each meeting;
establishing the titles and responsibilities of the officers of the
Interstate Commission; 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 By-laws shall exclusively
govern the personnel policies and programs of the Interstate
Commission; and providing a mechanism for winding up the operations
of the Interstate Commission and the equitable return of any surplus
funds that may exist upon the termination of the Compact after the
payment and/or reserving of all of its debts and obligations;
providing transition rules for "start up" administration of the
compact; establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
Section B. Officers and Staff
The Interstate Commission shall, by a majority of the Members,
elect from among its Members a chairperson and a vice chairperson,
each of whom shall have authorities and duties as may be specified in
the By-laws. The chairperson, or in his or her absence or
disability, the vice chairperson, shall preside at all meetings of
the Interstate Commission. The Officers so elected shall serve
without compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for any actual and necessary costs and
expenses incurred by them in the performance of their duties and
responsibilities as officers of the Interstate Commission.
The Interstate Commission shall, through its executive committee,
appoint or retain an executive director for a period, upon terms and
conditions and for compensation as the Interstate Commission may deem
appropriate. The executive director shall serve as secretary to the
Interstate Commission, and hire and supervise other staff as may be
authorized by the Interstate Commission, but shall not be a member.
Section C. Corporate Records of the Interstate Commission
The Interstate Commission shall maintain its corporate books and
records in accordance with the By-laws.
Section D. Qualified Immunity, Defense and Indemnification
The Members, officers, executive director and employees of the
Interstate Commission shall be immune from suit and liability, either
personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability
caused or arising out of any actual or alleged act, error or omission
that occurred within the scope of Interstate Commission employment,
duties or responsibilities; provided, that nothing in this paragraph
shall be construed to protect anyone from suit and/or liability for
any damage, loss, injury or liability caused by their intentional or
willful and wanton misconduct. The Interstate Commission shall defend
the Commissioner of a Compacting State, or his or her
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 that person.
The Interstate Commission shall indemnify and hold the
Commissioner of a Compacting State, the appointed designee or
employees, or the Interstate Commission's representatives or
employees, harmless in the amount of any settlement or judgement
obtained against anyone 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 person 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
the person.
Article VII. Activities of the Interstate Commission
The Interstate Commission shall meet and take whatever 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 By-laws, in order to constitute an act
of the Interstate Commission, the act shall have been taken at a
meeting of the Interstate Commission and shall have received an
affirmative vote of a majority of the members present.
Each Member of the Interstate Commission shall have the right and
power to cast a vote to which that Compacting State is entitled and
to participate in the business and affairs of the Interstate
Commission. A Member shall vote in person on behalf of the state and
shall not delegate a vote to another member state. However, a State
Council shall appoint another authorized representative, in the
absence of the commissioner from that state, to cast a vote on behalf
of the member state at a specified meeting. The By-laws may provide
for Members' participation in meetings by telephone or other means of
telecommunication or electronic communication. Any voting conducted
by telephone, or other means of telecommunication or electronic
communication shall be subject to the same quorum requirements of
meetings where members are present in person.
The Interstate Commission shall meet at least once during each
calendar year. The chairperson of the Interstate Commission may call
additional meetings at any time and, upon the request of a majority
of the Members, shall call additional meetings.
The Interstate Commission's By-laws 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 the Rules, the Interstate Commission may
make available to law enforcement agencies records and information
otherwise exempt from disclosure, and may enter into agreements with
law enforcement agencies to receive or exchange information or
records subject to nondisclosure and confidentiality provisions.
Public notice shall be given of all meetings and all meetings
shall be open to the public, except as set forth in the Rules or as
otherwise provided in the Compact. The Interstate Commission shall
promulgate Rules consistent with the principles contained in the
"Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be
amended. The Interstate Commission and any of its committees may
close a meeting to the public where it determines by two-thirds vote
that an open meeting would be likely to:
Relate solely to the Interstate Commission's internal personnel
practices and procedures.
Disclose matters specifically exempted from disclosure by statute.
Disclose trade secrets or commercial or financial information
which is privileged or confidential.
Involve accusing any person of a crime, or formally censuring any
person.
Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy.
Disclose investigatory records compiled for law enforcement
purposes.
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 the entity.
Disclose information, the premature disclosure of which would
significantly endanger the life of a person or the stability of a
regulated entity.
Specifically relate to the Interstate Commission's issuance of a
subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the
Interstate Commission's chief legal officer shall publicly certify
that, in his or her opinion, the meeting may be closed to the public,
and shall reference each relevant exemptive provision. The
Interstate Commission shall keep minutes which shall fully and
clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken, and the
reasons therefor, including a description of each of the views
expressed on any item and the record of any rollcall vote (reflected
in the vote of each Member on the question). All documents considered
in connection with any action shall be identified in the minutes.
The Interstate Commission shall collect standardized data concerning
the interstate movement of offenders as directed through its By-laws
and Rules which shall specify the data to be collected, the means of
collection and data exchange and reporting requirements.
Article VIII. Rulemaking Functions of the Interstate
Commission
The Interstate Commission shall promulgate Rules in order to
effectively and efficiently achieve the purposes of the Compact
including transition rules governing administration of the compact
during the period in which it is being considered and enacted by the
states.
Rulemaking shall occur pursuant to the criteria set forth in this
Article and the By-laws and Rules adopted pursuant thereto.
Rulemaking shall substantially conform to the principles of the
federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq.,
and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1
et seq., as may be amended (hereinafter "APA"). All Rules and
amendments shall become binding as of the date specified in each Rule
or amendment.
If a majority of the legislatures of the Compacting States rejects
a Rule, by enactment of a statute or resolution in the same manner
used to adopt the compact, then the Rule shall have no further force
and effect in any Compacting State.
When promulgating a Rule, the Interstate Commission shall:
Publish the proposed Rule stating with particularity the text of
the Rule which is proposed and the reason for the proposed Rule.
Allow persons to submit written data, facts, opinions and
arguments, which information shall be publicly available.
Provide an opportunity for an informal hearing.
Promulgate a final Rule and its effective date, if appropriate,
based on the rulemaking record.
Not later than sixty days after a Rule is promulgated, any
interested person may file a petition in the United States District
Court for the District of Columbia or in the Federal District Court
where the Interstate Commission's principal office is located for
judicial review of the Rule. If the court finds that the Interstate
Commission's action is not supported by substantial evidence, (as
defined in the APA), in the rulemaking record, the court shall hold
the Rule unlawful and set it aside. Subjects to be addressed within
12 months after the first meeting must at a minimum include:
Notice to victims and opportunity to be heard.
Offender registration and compliance.
Violations/returns.
Transfer procedures and forms.
Eligibility for transfer.
Collection of restitution and fees from offenders.
Data collection and reporting.
The level of supervision to be provided by the receiving state.
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.
Mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previous compact
superceded by this Act shall be null and void twelve (12) months
after the first meeting of the Interstate Commission created
hereunder.
Upon determination by the Interstate Commission that an emergency
exists, it may promulgate an emergency rule which shall become
effective immediately upon adoption, provided that the usual
rulemaking procedures provided hereunder shall be retroactively
applied to said rule as soon as reasonably possible, in no event
later than 90 days after the effective date of the rule.
Article IX. Oversight, Enforcement, and Dispute Resolution
by the Interstate Commission
Section A. Oversight
The Interstate Commission shall oversee the interstate movement of
adult offenders in the compacting states and shall monitor the
activities being administered in Non-compacting States which may
significantly affect Compacting States.
The courts and executive agencies in each Compacting State shall
enforce this Compact and shall take all actions necessary and
appropriate to effectuate the Compact's purposes and intent. In any
judicial or administrative proceeding in a Compacting State
pertaining to the subject matter of this Compact which may affect the
powers, responsibilities or actions of the Interstate Commission,
the Interstate Commission shall be entitled to receive all service of
process in any proceeding, and shall have standing to intervene in
the proceeding for all purposes.
Section B. Dispute Resolution
The Compacting States shall report to the Interstate Commission on
issues or activities of concern to them, and cooperate with and
support the Interstate Commission in the discharge of its duties and
responsibilities.
The Interstate Commission shall attempt to resolve any disputes or
other issues which are subject to the Compact and which may arise
among Compacting States and Non-compacting States.
The Interstate Commission shall enact a By-law or promulgate a
Rule providing for both mediation and binding dispute resolution for
disputes among the Compacting States.
Section C. Enforcement
The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this compact using any or
all means set forth in Article XII, Section B, of this compact.
Article X. Finance
The Interstate Commission shall pay or provide for the payment of
the reasonable expenses of its establishment, organization and
ongoing activities.
The Interstate Commission shall levy on and collect an annual
assessment from each Compacting State to cover the cost of the
internal operations and activities of the Interstate Commission and
its staff which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the Interstate Commission, taking into
consideration the population of the state and the volume of
interstate movement of offenders in each Compacting State and shall
promulgate a Rule binding upon all Compacting States which governs
said assessment.
The Interstate Commission shall not incur any obligations of any
kind prior to securing the funds adequate to meet the same; nor shall
the Interstate Commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.
The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its By-laws. 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.
Article XI. Compacting States, Effective Date and
Amendment
Any state, as defined in Article II of this compact, is eligible
to become a Compacting State. The Compact shall become effective and
binding upon legislative enactment of the Compact into law by no less
than 35 of the States. The initial effective date shall be the later
of July 1, 2001, or upon enactment into law by the 35th
jurisdiction. Thereafter, it shall become effective and binding, as
to any other Compacting State, upon enactment of the Compact into law
by that State. The governors of Non-member states or their designees
will be invited to participate in Interstate Commission activities
on a non-voting basis prior to adoption of the compact by all states
and territories of the United States.
Amendments to the Compact may be proposed by the Interstate
Commission for enactment by the Compacting States. No amendment shall
become effective and binding upon the Interstate Commission and the
Compacting States unless and until it is enacted into law by
unanimous consent of the Compacting States.
Article XII. Withdrawal, Default, Termination, and Judicial
Enforcement
Section A. Withdrawal
Once effective, the Compact shall continue in force and remain
binding upon each and every Compacting State; provided, that a
Compacting State may withdraw from the Compact ("Withdrawing State")
by enacting a statute specifically repealing the statute which
enacted the Compact into law.
The effective date of withdrawal is the effective date of the
repeal. The Withdrawing State shall immediately notify the
Chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this Compact in the Withdrawing
State. The Interstate Commission shall notify the other Compacting
States of the Withdrawing State's intent to withdraw within sixty
days of its receipt thereof. The Withdrawing State is responsible for
all assessments, obligations and liabilities incurred through the
effective date of withdrawal, including any obligations, the
performance of which extend beyond the effective date of withdrawal.
Reinstatement following withdrawal of any Compacting State shall
occur upon the Withdrawing State reenacting the Compact or upon a
later date as determined by the Interstate Commission.
Section B. Default
If the Interstate Commission determines that any Compacting State
has at any time defaulted ("Defaulting State") in the performance of
any of its obligations or responsibilities under this Compact, the
By-laws or any duly promulgated Rules the Interstate Commission may
impose any or all of the following penalties: Fines, fees and costs
in amounts as are deemed to be reasonable as fixed by the Interstate
Commission. Remedial training and technical assistance as directed by
the Interstate Commission; suspension and termination of membership
in the compact. Suspension shall be imposed only after all other
reasonable means of securing compliance under the By-laws and Rules
have been exhausted. Immediate notice of suspension shall be given by
the Interstate Commission to the Governor, the Chief Justice or
Chief Judicial Officer of the state, the majority and minority
leaders of the defaulting state's legislature, and the State Council.
The grounds for default include, but are not limited to, failure
of a Compacting State to perform the obligations or responsibilities
imposed upon it by this compact, Interstate Commission By-laws, or
duly promulgated Rules. The Interstate Commission shall immediately
notify the Defaulting State in writing of the penalty imposed by the
Interstate Commission on the Defaulting State pending a cure of the
default. The Interstate Commission shall stipulate the conditions and
the time period within which the Defaulting State must cure its
default. If the Defaulting State fails to cure the default within the
time period specified by the Interstate Commission, in addition to
any other penalties imposed herein, the Defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of
the Compacting States and all rights, privileges and benefits
conferred by this Compact shall be terminated from the effective date
of suspension. Within sixty 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 the termination.
The Defaulting State is responsible for all assessments,
obligations and liabilities incurred through the effective date of
termination including any obligations, the performance of which
extends beyond the effective date of termination.
The Interstate Commission shall not bear any costs relating to the
Defaulting State unless otherwise mutually agreed upon between the
Interstate Commission and the Defaulting State. Reinstatement
following termination of any Compacting State requires both a
reenactment of the Compact by the Defaulting State and the approval
of the Interstate Commission pursuant to the Rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the Members,
initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the Interstate
Commission, in the Federal District where the Interstate Commission
has its offices to enforce compliance with the provisions of the
Compact, its duly promulgated Rules and By-laws, against any
Compacting State in default. In the event judicial enforcement is
necessary the prevailing party shall be awarded all litigation costs
including reasonable attorneys fees.
Section D. Dissolution of Compact
The Compact dissolves effective upon the date of the withdrawal or
default of the Compacting State which reduces membership in the
Compact to one Compacting State.
Upon the dissolution of this Compact, the Compact becomes null and
void and shall be of no further force or effect, and the business
and affairs of the Interstate Commission shall be wound up and any
surplus funds shall be distributed in accordance with the By-laws.
Article XIII. Severability and Construction
The provisions of this Compact shall be severable, and if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the Compact shall be enforceable.
The provisions of this Compact shall be liberally constructed to
effectuate its purposes.
Article XIV. Binding Effect of Compact and Other Laws
Section A. Other Laws
Nothing herein prevents the enforcement of any other law of a
Compacting State that is not inconsistent with this Compact.
All Compacting States' laws conflicting with this Compact are
superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
All lawful actions of the Interstate Commission, including all
Rules and By-laws promulgated by the Interstate Commission, are
binding upon the Compacting States.
All agreements between the Interstate Commission and the
Compacting States are binding in accordance with their terms.
Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a majority
vote of the Compacting States, the Interstate Commission may issue
advisory opinions regarding meaning or interpretation.
In the event any provision of this Compact exceeds the
constitutional limits imposed on the legislature of any Compacting
State, the obligations, duties, powers or jurisdiction sought to be
conferred by the provision upon the Interstate Commission shall be
ineffective and the obligations, duties, powers or jurisdiction shall
remain in the Compacting State and shall be exercised by the agency
thereof to which the obligations, duties, powers or jurisdiction are
delegated by law in effect at the time this Compact becomes
effective.
11181. (a) There is hereby established the California Council for
Interstate Adult Offender Supervision.
(b) The council shall exercise oversight and advocacy concerning
its participation in Interstate Commission activities, and other
duties as may be determined by the Legislature or Governor, including
but not limited to, development of policy concerning operations and
procedures of the compact within the state.
(c) There shall be seven members of the council. The Director of
Corrections, or his or her designee, shall be a member and serve as
the commissioner, who shall represent California and serve on the
Interstate Commission for Adult Offender Supervision. The
commissioner shall also be the Compact Administrator for the State of
California for purposes of the Interstate Compact for Adult Offender
Supervision. The Governor shall appoint three members, one of whom
shall represent victims rights groups, and one of whom shall
represent chief probation officers. One member each shall be
appointed by the Senate Committee on Rules and the Speaker of the
Assembly. The Judicial Council shall appoint one superior court judge
as a member.
(d) With the exception of the commissioner, each member of the
council shall serve for a term of four years. Council members shall
not be compensated, except for reasonable per diem expenses related
to their work for council purposes.
(e) The council shall, not later than July 1, 2005, submit a
report to the Legislature on the status of implementing the
Interstate Compact for Adult Offender Supervision in California. The
report shall clearly differentiate the role and responsibilities of
the state Compact Administrator from local supervisory agencies and
shall articulate the interdependence between the state Compact
Administrator and other related entities, including, but not limited
to, local supervisory agencies. Additionally, the report shall
identify the process by which the State Council communicates with
county probation offices and Superior courts to ensure the state's
compliance with the Interstate Compact for Adult Offender
Supervision.