(45 ILCS 170/5)
Sec. 5. Interstate Compact for Adult Offender Supervision. The Governor of this State is hereby authorized and directed to enter into a compact on behalf of this State with any of the United States legally joining therein in the form substantially as follows: ARTICLE I: PURPOSE (a) The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the Bylaws and Rules of this compact to travel across state lines both to and from each compacting state in such a manner as to: track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
(b) 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.
(c) 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 such activity.
(d) The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and Bylaws and Rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business. ARTICLE II: DEFINITIONS As used in this compact, unless the context clearly requires a different construction:
(1) "Adult" means both individuals legally |
| classified as adults and juveniles treated as adults by court order, statute, or operation of law. | |
(2) "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. | |
(3) "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) "Compacting state" means any state which has |
| enacted the enabling legislation for this compact. | |
(5) "Commissioner" means the voting representative |
| of each compacting state appointed pursuant to Article III of this compact. | |
(6) "Interstate Commission" means the Interstate |
| Commission for Adult Offender Supervision established by this compact. | |
(7) "Member" means the commissioner of a compacting |
| state or designee, who shall be a person officially connected with the commissioner. | |
(8) "Non Compacting state" means any state which has |
| not enacted the enabling legislation for this compact. | |
(9) "Offender" means an adult placed under, or |
| subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies. | |
(10) "Person" means any individual, corporation, |
| business enterprise, or other legal entity, either public or private. | |
(11) "Rules" means acts of the Interstate |
| Commission, duly promulgated pursuant to Article VII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states. | |
(12) "State" means a state of the United States, the |
| District of Columbia and any other territorial possessions of the United States. | |
(13) "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 (a) The compacting states hereby create the "Interstate Commission for Adult Offender Supervision." The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(b) The Interstate Commission shall consist of Commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state.
(c) 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 non‑commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All non‑commissioner members of the Interstate Commission shall be ex‑officio (nonvoting) members. The Interstate Commission may provide in its by‑laws for such additional, ex‑officio, non‑voting members as it deems necessary.
(d) 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.
(e) 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 Commission or set forth in the By‑laws. ARTICLE IV: THE STATE COUNCIL (a) 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.
(b) Each state council shall appoint as its commissioner the Compact Administrator from the 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.
(c) 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 (a) The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitable by‑laws governing |
| the management and operation of the Interstate Commission. | |
(2) To promulgate rules which shall have the force |
| and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact. | |
(3) To oversee, supervise and coordinate the |
| interstate movement of offenders subject to the terms of this compact and any by‑laws adopted and rules promulgated by the compact commission. | |
(4) 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. | |
(5) To establish and maintain offices.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, or contract for services of |
| personnel, including, but not limited to, members and their staffs. | |
(8) To establish and appoint committees and hire |
| staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. | |
(9) To elect or appoint such officers, attorneys, |
| employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel. | |
(10) To accept any and all donations and grants of |
| money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same. | |
(11) To lease, purchase, accept contributions or |
| donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed. | |
(12) To sell, convey, mortgage, pledge, lease, |
| exchange, abandon, or otherwise dispose of any property, real, personal or mixed. | |
(13) To establish a budget and make expenditures and |
| levy dues as provided in Article IX of this compact. | |
(14) To sue and be sued.
(15) To provide for dispute resolution among |
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(16) To perform such functions as may be necessary |
| or appropriate to achieve the purposes of this compact. | |
(17) To report annually to the legislatures, |
| governors, 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) To coordinate education, training and public |
| awareness regarding the interstate movement of offenders for officials involved in such activity. | |
(19) To establish uniform standards for the |
| reporting, collecting, and exchanging of data. | |
ARTICLE VI: ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION (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:
(1) establishing the fiscal year of the Interstate |
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(2) establishing an executive committee and such |
| other committees as may be necessary; | |
(3) providing reasonable standards and procedures:
(i) for the establishment of committees, and
(ii) governing any general or specific |
| delegation of any authority or function of the Interstate Commission; | |
(4) providing reasonable procedures for calling and |
| conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; | |
(5) establishing the titles and responsibilities of |
| the officers of the Interstate Commission; | |
(6) providing reasonable standards and procedures |
| for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the By‑laws shall exclusively govern the personnel policies and programs of the Interstate Commission; | |
(7) providing a mechanism for winding up the |
| operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations; | |
(8) providing transition rules for "start up" |
| administration of the compact; | |
(9) establishing standards and procedures for |
| compliance and technical assistance in carrying out the compact. | |
(b) Officers and Staff.
(1) The Interstate Commission shall, by a majority |
| of the Members, elect from among its Members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the 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. | |
(2) The Interstate Commission shall, through its |
| executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member. | |
(c) Corporate Records of the Interstate Commission. The Interstate Commission shall maintain its corporate books and records in accordance with the By‑laws.
(d) Qualified Immunity, Defense and Indemnification.
(1) The Members, officers, executive director and |
| employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; PROVIDED, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person. | |
(2) 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 such person. | |
(3) The Interstate Commission shall indemnify and |
| hold the Commissioner of a Compacting State, the appointed designee or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person. | |
ARTICLE VII: ACTIVITIES OF THE INTERSTATE COMMISSION (a) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this Compact.
(b) 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, 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.
(c) 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.
(d) 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.
(e) 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 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 non‑ disclosure and confidentiality provisions.
(f) 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:
(1) relate solely to the Interstate Commission's |
| internal personnel practices and procedures; | |
(2) disclose matters specifically exempted from |
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(3) disclose trade secrets or commercial or |
| financial information which is privileged or confidential; | |
(4) involve accusing any person of a crime, or |
| formally censuring any person; | |
(5) disclose information of a personal nature where |
| disclosure would constitute a clearly unwarranted invasion of personal privacy; | |
(6) disclose investigatory records compiled for law |
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(7) disclose information contained in or related to |
| examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; | |
(8) disclose information, the premature disclosure |
| of which would significantly endanger the life of a person or the stability of a regulated entity; | |
(9) specifically relate to the Interstate |
| Commission's issuance of a subpoena, or its participation in a civil action or proceeding. | |
(g) 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 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.
(h) 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 (a) 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.
(b) Rulemaking shall occur pursuant to the criteria set forth in this Article and the By‑laws and Rules adopted pursuant thereto. Such 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.
(c) If a majority of the legislatures of the Compacting States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such Rule shall have no further force and effect in any Compacting State.
(d) When promulgating a Rule, the Interstate Commission shall:
(1) publish the proposed Rule stating with |
| particularity the text of the Rule which is proposed and the reason for the proposed Rule; | |
(2) allow persons to submit written data, facts, |
| opinions and arguments, which information shall be publicly available; | |
(3) provide an opportunity for an informal hearing; |
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