55-12-103 - Article 3 -- Interstate Commission for Juveniles.
55-12-103. Article 3 -- Interstate Commission for Juveniles.
(1) The compacting states hereby create the "Interstate Commission for Juveniles."
(2) The commission shall be a body corporate and joint agency of the compacting states.
(3) The commission shall have all the responsibilities, powers, and duties set forthherein, and such additional powers as may be conferred upon it by subsequent action of therespective legislatures of the compacting states in accordance with the terms of this compact.
(4) The commission shall consist of commissioners appointed by the appropriateappointing authority in each state pursuant to the rules and requirements of each compacting stateand in consultation with the State Council for Interstate Juvenile Supervision created hereunder.
(5) The commissioner shall be the compact administrator, deputy compact administrator,or designee from that state who shall serve on the commission in such capacity under or pursuantto the applicable law of the compacting state.
(6) In addition to the commissioners who are the voting representatives of each state, thecommission shall include individuals who are not commissioners, but who are members ofinterested organizations. Noncommissioner members shall include a member of the nationalorganizations of governors, legislators, state chief justices, attorneys general, Interstate Compactfor Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenilejustice and juvenile corrections officials, and crime victims.
(7) All noncommissioner members of the commission shall be ex officio, nonvotingmembers. The commission may provide in its by-laws for additional ex officio, nonvotingmembers, including members of other national organizations, in numbers to be determined by thecommission.
(8) Each compacting state represented at any meeting of the commission is entitled toone vote. A majority of the compacting states shall constitute a quorum for the transaction ofbusiness, unless a larger quorum is required by the by-laws of the commission.
(9) The commission shall meet at least once each calendar year. The chairperson maycall additional meetings and, upon the request of a simple majority of the compacting states, shallcall additional meetings. Public notice shall be given of all meetings and meetings shall be opento the public.
(10) The commission shall establish an executive committee, which shall includecommission officers, members, and others as determined by the by-laws. The executivecommittee shall:
(a) have the power to act on behalf of the commission during periods when thecommission is not in session, with the exception of rulemaking or amendment to the compact;
(b) oversee the day-to-day activities of the administration of the compact managed by anexecutive director and commission staff, which administers enforcement and compliance withthe provisions of the compact, its by-laws, and rules; and
(c) perform other duties as directed by the commission or set forth in the by-laws.
(11) Each member of the commission shall have the right and power to cast a vote towhich that compacting state is entitled and to participate in the business and affairs of thecommission. A member shall vote in person and may not delegate a vote to another compactingstate. However, a commissioner, in consultation with the state council, shall appoint anotherauthorized representative, in the absence of the commissioner from that state, to cast a vote onbehalf of the compacting 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.
(12) The commission's by-laws shall establish conditions and procedures under whichthe commission shall make its information and official records available to the public forinspection or copying. The commission may exempt from disclosure any information or officialrecords to the extent they would adversely affect personal privacy rights or proprietary interests.
(13) Public notice shall be given of all meetings and all meetings shall be open to thepublic, except as set forth in the rules or as otherwise provided in the compact. The commissionand any of its committees may close a meeting to the public where it determines by two-thirdsvote that an open meeting would be likely to:
(a) relate solely to the commission's internal personnel practices and procedures;
(b) disclose matters specifically exempted from disclosure by statute;
(c) disclose trade secrets or commercial or financial information which is privileged orconfidential;
(d) involve accusing any person of a crime, or formally censuring any person;
(e) disclose information of a personal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy;
(f) disclose investigative records compiled for law enforcement purposes;
(g) disclose information contained in or related to examination, operating, or conditionreports prepared by, or on behalf of or for the use of, the commission with respect to a regulatedperson or entity for the purpose of regulation or supervision of such person or entity;
(h) disclose information, the premature disclosure of which would significantly endangerthe stability of a regulated person or entity; or
(i) specifically relate to the commission's issuance of a subpoena, or its participation in acivil action or other legal proceeding.
(14) For every meeting closed pursuant to this provision, the commission's legal counselshall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public,and shall reference each relevant exemptive provision. The commission shall keep minuteswhich shall fully and clearly describe all matters discussed in any meeting and shall provide afull and accurate summary of any actions taken, and the reasons therefor, including a descriptionof each of the views expressed on any item and the record of any roll call vote, reflected in thevote of each member on the question. All documents considered in connection with any actionshall be identified in the minutes.
(15) The commission shall collect standardized data concerning the interstate movementof juveniles as directed through its rules which shall specify the data to be collected, the means ofcollection, and data exchange and reporting requirements. Methods of data collection, exchange,and reporting shall insofar as is reasonably possible conform to up-to-date technology andcoordinate its information functions with the appropriate repository of records.
Enacted by Chapter 155, 2005 General Session