Chapter 6 - Juveniles
CHAPTER 6 - JUVENILES
ARTICLE 1 - INTERSTATE COMPACT ON JUVENILES
14-6-101. Repealed by Laws 2004, Ch. 91, 2.
14-6-102. Interstate Compact for Juveniles; compact provisionsgenerally.
ARTICLEI
PURPOSE
(a) Thecompacting states to this interstate compact recognize that each state isresponsible for the proper supervision or return of juveniles, delinquents andstatus offenders who are on probation or parole and who have absconded, escapedor run away from supervision and control and in so doing have endangered theirown safety and the safety of others. The compacting states also recognize thateach state is responsible for the safe return of juveniles who have run awayfrom home and in doing so have left their state of residence. The compactingstates also recognize that Congress, by enacting the Crime Control Act, 4U.S.C. Section 112 (1965), has authorized and encouraged compacts forcooperative efforts and mutual assistance in the prevention of crime.
(b) It is thepurpose of this compact, through means of joint and cooperative action amongthe compacting states to:
(i) Ensure thatthe adjudicated juveniles and status offenders subject to this compact areprovided adequate supervision and services in the receiving state as ordered bythe adjudicating judge or parole authority in the sending state;
(ii) Ensure thatthe public safety interests of the citizens, including the victims of juvenileoffenders, in both the sending and receiving states are adequately protected;
(iii) Returnjuveniles who have run away, absconded or escaped from supervision or controlor have been accused of an offense to the state requesting their return;
(iv) Makecontracts for the cooperative institutionalization in public facilities inmember states for delinquent youth needing special services;
(v) Provide forthe effective tracking and supervision of juveniles;
(vi) Equitablyallocate the costs, benefits and obligations of the compacting states;
(vii) Establishprocedures to manage the movement between states of juvenile offenders releasedto the community under the jurisdiction of courts, juvenile departments, or anyother criminal or juvenile justice agency which has jurisdiction over juvenileoffenders;
(viii) Insureimmediate notice to jurisdictions where defined offenders are authorized totravel or to relocate across state lines;
(ix) Establishprocedures to resolve pending charges (detainers) against juvenile offendersprior to transfer or release to the community under the terms of this compact;
(x) Establish asystem of uniform data collection on information pertaining to juvenilessubject to this compact that allows access by authorized juvenile justice andcriminal justice officials, and regular reporting of compact activities toheads of state executive, judicial, and legislative branches and juvenile andcriminal justice administrators;
(xi) Monitorcompliance with rules governing interstate movement of juveniles and initiateinterventions to address and correct noncompliance;
(xii) Coordinatetraining and education regarding the regulation of interstate movement ofjuveniles for officials involved in such activity; and
(xiii) Coordinate the implementation and operation of the compact with the InterstateCompact for the Placement of Children, the Interstate Compact for AdultOffender Supervision and other compacts affecting juveniles particularly inthose cases where concurrent or overlapping supervision issues arise. It is thepolicy of the compacting states that the activities conducted by the interstatecommission created herein are the formation of public policies and thereforeare public business. Furthermore, the compacting states shall cooperate andobserve their individual and collective duties and responsibilities for theprompt return and acceptance of juveniles subject to the provisions of thiscompact. The provisions of this compact shall be reasonably and liberallyconstrued to accomplish the purposes and policies of the compact.
ARTICLEII
DEFINITIONS
(a) As used inthis compact, unless the context clearly requires a different construction:
(i) "Bylaws" means those bylaws established by the interstate commissionfor its governance, or for directing or controlling its actions or conduct;
(ii) "Compact administrator" means the individual in each compacting stateappointed pursuant to the terms of this compact, responsible for theadministration and management of the state's supervision and transfer of juvenilessubject to the terms of this compact, the rules adopted by the interstatecommission and policies adopted by the state council under this compact;
(iii) "Compacting state" means any state which has enacted the enablinglegislation for this compact;
(iv) "Commissioner" means the voting representative of each compactingstate appointed pursuant to article III of this compact;
(v) "Court" means any court having jurisdiction over delinquent,neglected or dependent children;
(vi) "Deputy compact administrator" means the individual, if any, in eachcompacting state appointed to act on behalf of a compact administrator pursuantto the terms of this compact responsible for the administration and managementof the state's supervision and transfer of juveniles subject to the terms ofthis compact, the rules adopted by the interstate commission and policiesadopted by the state council under this compact;
(vii) "Interstate commission" means the Interstate Commission for Juvenilescreated by article III of this compact;
(viii) "Juvenile" means any person defined as a juvenile in any member stateor by the rules of the interstate commission, including:
(A) Accuseddelinquent a person charged with an offense that, if committed by an adult,would be a criminal offense;
(B) Adjudicateddelinquent a person found to have committed an offense that, if committed byan adult, would be a criminal offense;
(C) Accusedstatus offender a person charged with an offense that would not be a criminaloffense if committed by an adult;
(D) Adjudicatedstatus offender - a person found to have committed an offense that would not bea criminal offense if committed by an adult; and
(E) Nonoffender a person in need of supervision who has not been accused or adjudicated astatus offender or delinquent.
(ix) "Noncompacting state" means any state which has not enacted theenabling legislation for this compact;
(x) "Probation or parole" means any kind of supervision or conditionalrelease of juveniles authorized under the laws of the compacting states;
(xi) "Rule" means a written statement by the interstate commissionpromulgated pursuant to article VI of this compact that is of generalapplicability, implements, interprets or prescribes a policy or provision of thecompact, or an organizational, procedural or practice requirement of thecommission, and has the force and effect of statutory law in a compactingstate, and includes the amendment, repeal or suspension of an existing rule;
(xii) "State" means a state of the United States, the District of Columbia(or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands,Guam, American Samoa and the Northern Mariana Islands.
ARTICLEIII
INTERSTATECOMMISSION FOR JUVENILES
(a) Thecompacting states hereby create the Interstate Commission for Juveniles. Thecommission shall be a body corporate and joint agency of the compacting states.The commission shall have all the responsibilities, powers and duties set forthherein, and any additional powers as may be conferred upon it by subsequentaction of the respective legislatures of the compacting states in accordancewith the terms of this compact.
(b) Theinterstate commission shall consist of commissioners appointed by theappropriate appointing authority in each state pursuant to the rules andrequirements of each compacting state and in consultation with the statecouncil for interstate juvenile supervision created hereunder. The commissionershall be the compact administrator, deputy compact administrator or designeefrom that state who shall serve on the interstate commission in that capacityunder or pursuant to the applicable law of the compacting state.
(c) In additionto the commissioners who are the voting representatives of each state, theinterstate commission shall include individuals who are not commissioners, butwho are members of interested organizations. The noncommissioner members shallinclude a member of the national organizations of governors, legislators, statechief justices, attorneys general, Interstate Compact for Adult OffenderSupervision, Interstate Compact for the Placement of Children, juvenile justiceand juvenile corrections officials and crime victims. All noncommissionermembers of the interstate commission shall be nonvoting ex officio members. Theinterstate commission may provide in its bylaws for additional nonvoting exofficio members, including members of other national organizations, in numbersas shall be determined by the commission.
(d) Eachcompacting state represented at any meeting of the commission is entitled toone (1) vote. A majority of the compacting states shall constitute a quorum forthe transaction of business, unless a larger quorum is required by the bylawsof the interstate commission.
(e) Thecommission shall meet at least once each calendar year. The chairperson maycall additional meetings and, upon the request of a simple majority of thecompacting states, shall call additional meetings. Public notice shall be givenof all meetings and meetings shall be open to the public.
(f) Theinterstate commission shall establish an executive committee, which shallinclude commission officers, members and others as determined by the bylaws.The executive committee shall have the power to act on behalf of the interstatecommission during periods when the interstate commission is not in session,with the exception of rulemaking and amendment to the compact. The executivecommittee shall:
(i) Oversee theday-to-day activities of the administration of the compact managed by anexecutive director and interstate commission staff;
(ii) Administerenforcement and compliance with the provisions of the compact, its bylaws andrules; and
(iii) Performother duties as directed by the interstate commission or set forth in thebylaws.
(g) Each memberof the interstate commission shall have the right and power to cast a vote towhich that compacting state is entitled and to participate in the business andaffairs of the interstate commission. A member shall vote in person and shallnot delegate a vote to another compacting state. However, a commissioner, inconsultation with the state council, shall appoint another authorizedrepresentative, in the absence of the commissioner from that state, to cast a voteon behalf of the compacting state at a specified meeting. The bylaws mayprovide for members' participation in meetings by telephone or other means oftelecommunication or electronic communication.
(h) Theinterstate commission's bylaws shall establish conditions and procedures underwhich the interstate commission shall make its information and official recordsavailable to the public for inspection or copying. The interstate commissionmay exempt from disclosure any information or official records to the extentthey would adversely affect personal privacy rights or proprietary interests.
(j) Public noticeshall 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. Theinterstate commission and any of its committees may close a meeting to thepublic where it determines by two-thirds (2/3) vote that an open meeting wouldbe likely to:
(i) Relatesolely to the interstate commission's internal personnel practices andprocedures;
(ii) Disclosematters specifically exempted from disclosure by statute;
(iii) Disclosetrade secrets or commercial or financial information which is privileged orconfidential;
(iv) Involveaccusing any person of a crime, or formally censuring any person;
(v) Discloseinformation of a personal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy;
(vi) Discloseinvestigative records compiled for law enforcement purposes;
(vii) Discloseinformation contained in or related to examination, operating or conditionreports prepared by, or on behalf of or for the use of, the interstatecommission with respect to a regulated person or entity for the purpose ofregulation or supervision of the person or entity;
(viii) Discloseinformation, the premature disclosure of which would significantly endanger thestability of a regulated person or entity; or
(ix) Specifically relate to the interstate commission's issuance of a subpoena, orits participation in a civil action or other legal proceeding.
(k) For everymeeting closed pursuant to this provision, the interstate commission's legalcounsel shall publicly certify that, in the legal counsel's opinion, themeeting may be closed to the public, and shall reference each relevantexemptive provision. The interstate commission shall keep minutes which shallfully and clearly describe all matters discussed in any meeting and shallprovide a full and accurate summary of any actions taken, and the reasons therefore,including a description of each of the views expressed on any item and therecord of any roll call vote, reflected in the vote of each member on thequestion. All documents considered in connection with any action shall beidentified in the minutes.
(m) Theinterstate commission shall collect standardized data concerning the interstatemovement of juveniles as directed through its rules which shall specify thedata to be collected, the means of collection and data exchange and reportingrequirements. The methods of data collection, exchange and reporting shallinsofar as is reasonably possible conform to up-to-date technology andcoordinate its information functions with the appropriate repository ofrecords.
ARTICLEIV
POWERSAND DUTIES OF THE INTERSTATE COMMISSION
(a) The commissionshall have the following powers and duties:
(i) To provide fordispute resolution among compacting states;
(ii) Topromulgate rules to effect the purposes and obligations as enumerated in thiscompact, which shall have the force and effect of statutory law and shall bebinding in the compacting states to the extent and in the manner provided inthis compact;
(iii) Tooversee, supervise and coordinate the interstate movement of juveniles subjectto the terms of this compact and any bylaws adopted and rules promulgated bythe interstate commission;
(iv) To enforcecompliance with the compact provisions, the rules promulgated by the interstatecommission and the bylaws, using all necessary and proper means, including butnot limited to, the use of judicial process;
(v) To establishand maintain offices which shall be located within one (1) or more of thecompacting states;
(vi) To purchaseand maintain insurance and bonds;
(vii) To borrow,accept, hire or contract for services of personnel;
(viii) Toestablish and appoint committees and hire staff which it deems necessary forthe carrying out of its functions including, but not limited to, an executivecommittee as required by article III which shall have the power to act onbehalf of the interstate commission in carrying out its powers and dutieshereunder;
(ix) To elect orappoint officers, attorneys, employees, agents or consultants, and to fix theircompensation, define their duties and determine their qualifications and toestablish the interstate commission's personnel policies and programs relatingto, inter alia, conflicts of interest, rates of compensation and qualificationsof personnel;
(x) To acceptany and all donations and grants of money, equipment, supplies, materials andservices, and to receive, utilize and dispose of it;
(xi) To lease,purchase, accept contributions or donations of, or otherwise to own, hold,improve or use any real, personal or mixed property;
(xii) To sell,convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of anyreal, personal or mixed property;
(xiii) Toestablish a budget and make expenditures and levy dues as provided in articleVIII of this compact;
(xiv) To sue andbe sued;
(xv) To adopt aseal and bylaws governing the management and operation of the interstatecommission;
(xvi) To performfunctions as may be necessary or appropriate to achieve the purposes of thiscompact;
(xvii) To reportannually to the legislatures, governors, judiciary and state councils of thecompacting states concerning the activities of the interstate commission duringthe preceding year. The reports shall also include any recommendations that mayhave been adopted by the interstate commission;
(xviii) Tocoordinate education, training and public awareness regarding the interstatemovement of juveniles for officials involved in those activities;
(xix) Toestablish uniform standards of the reporting, collecting and exchanging ofdata;
(xx) The interstatecommission shall maintain its corporate books and records in accordance withthe bylaws.
ARTICLEV
ORGANIZATIONAND OPERATION OF THE INTERSTATE COMMISSION
SectionA. Bylaws
(a) The interstatecommission shall, by a majority of the members present and voting, withintwelve (12) months after the first interstate commission meeting, adopt bylawsto govern its conduct as may be necessary or appropriate to carry out thepurposes of the compact, including, but not limited to:
(i) Establishingthe fiscal year of the interstate commission;
(ii) Establishing an executive committee and other committees as may be necessary;
(iii) Providefor the establishment of committees governing any general or specificdelegation of any authority or function of the interstate commission;
(iv) Providingreasonable procedures for calling and conducting meetings of the interstatecommission and ensuring reasonable notice of each meeting;
(v) Establishingthe titles and responsibilities of the officers of the interstate commission;
(vi) Providing amechanism for concluding the operations of the interstate commission and thereturn of any surplus funds that may exist upon the termination of the compactafter the payment and reserving of all of its debts and obligations;
(vii) Providing"start-up" rules for initial administration of the compact; and
(viii) Establishing standards and procedures for compliance and technical assistancein carrying out the compact.
(a) Theinterstate commission shall, by a majority of the members, elect annually fromamong its members a chairperson and a vice chairperson, each of whom shall haveauthority and duties as may be specified in the bylaws. The chairperson or, inthe chairperson's absence or disability, the vice-chairperson shall preside atall meetings of the interstate commission. The elected officers shall servewithout compensation or remuneration from the interstate commission; providedthat, subject to the availability of budgeted funds, the officers shall bereimbursed for any ordinary and necessary costs and expenses incurred by themin the performance of their duties and responsibilities as officers of theinterstate commission.
(b) Theinterstate commission shall, through its executive committee, appoint or retainan executive director for a designated period, upon terms and conditions andfor compensation as the interstate commission may deem appropriate. Theexecutive director shall serve as secretary to the interstate commission, butshall not be a member and shall hire and supervise other staff as may beauthorized by the interstate commission.
SectionC. Qualified Immunity, Defense
andIndemnification
(a) The commission'sexecutive director and employees shall be immune from suit and liability,either personally or in their official capacity, for any claim for damage to orloss of property or personal injury or other civil liability caused or arisingout of, or relating to, any actual or alleged act, error or omission that occurred,or that the person had a reasonable basis for believing occurred within thescope of commission employment, duties or responsibilities, provided that theperson shall not be protected from suit or liability for any damage, loss,injury or liability caused by the intentional or willful and wanton misconductof the person.
(b) The liabilityof any commissioner, or the employee or agent of a commissioner, acting withinthe scope of the person's employment or duties for acts, errors or omissionsoccurring within the person's state may not exceed the limits of liability setforth under the constitution and laws of that state for state officials,employees and agents. Nothing in this subsection shall be construed to protectany person from suit or liability for any damage, loss, injury or liabilitycaused by the intentional or willful and wanton misconduct of the person.
(c) Theinterstate commission shall defend the executive director or the employees orrepresentatives of the interstate commission and, subject to the approval ofthe attorney general of the state represented by any commissioner of acompacting state, shall defend the commissioner or the commissioner'srepresentatives or employees in any civil action seeking to impose liabilityarising out of any actual or alleged act, error or omission that occurredwithin the scope of interstate commission employment, duties orresponsibilities, or that the defendant had a reasonable basis for believingoccurred within the scope of interstate commission employment, duties orresponsibilities, provided that the actual or alleged act, error or omissiondid not result from intentional or willful and wanton misconduct on the part ofthe person.
(d) Theinterstate commission shall indemnify and hold the commissioner of a compactingstate, or the commissioner's representatives or employees, or the interstatecommission's representatives or employees, harmless in the amount of anysettlement or judgment obtained against those persons arising out of any actualor alleged act, error or omission that occurred within the scope of interstatecommission employment, duties or responsibilities, or that those persons had areasonable basis for believing occurred within the scope of interstatecommission employment, duties or responsibilities, provided that the actual oralleged act, error or omission did not result from intentional or willful andwanton misconduct on the part of those persons.
ARTICLEVI
RULEMAKINGFUNCTIONS OF THE INTERSTATE COMMISSION
(a) The interstatecommission shall promulgate and publish rules in order to effectively andefficiently achieve the purposes of the compact.
(b) Rulemakingshall occur pursuant to the criteria set forth in this article and the bylawsand rules adopted pursuant thereto. The rulemaking shall substantially conformto the principles of the "Model State Administrative Procedures Act,"1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or anotheradministrative procedures act, as the interstate commission deems appropriateconsistent with due process requirements under the Unites States Constitutionas now or hereafter interpreted by the United States Supreme Court. All rulesand amendments shall become binding as of the date specified, as published withthe final version of the rule as approved by the commission.
(c) When promulgating arule, the interstate commission shall, at a minimum:
(i) Publish theproposed rule's entire text stating the reason for that proposed rule;
(ii) Allow andinvite any person to submit written data, facts, opinions and arguments, whichinformation shall be added to the record and be made publicly available;
(iii) Provide anopportunity for an informal hearing if petitioned by ten (10) or more persons;and
(iv) Promulgatea final rule and its effective date, if appropriate, based on input from stateor local officials or interested parties.
(d) Allow, not laterthan sixty (60) days after a rule is promulgated, any interested person to filea petition in the United States district court for the District of Columbia orin the federal district court where the interstate commission's principaloffice is located for judicial review of the rule. If the court finds that theinterstate commission's action is not supported by substantial evidence in therulemaking record, the court shall hold the rule unlawful and set it aside. Forpurposes of this subsection, evidence is substantial if it would be consideredsubstantial evidence under the Model State Administrative Procedures Act.
(e) If a majorityof the legislatures of the compacting states rejects a rule, those states may,by enactment of a statute or resolution in the same manner used to adopt thecompact, cause that the rule shall have no further force and effect in anycompacting state.
(f) The existingrules governing the operation of the Interstate Compact on Juveniles supercededby this act shall be null and void twelve (12) months after the first meetingof the interstate commission created hereunder.
(g) Upondetermination by the interstate commission that a state-of-emergency exists, itmay promulgate an emergency rule which shall become effective immediately uponadoption, provided that the usual rulemaking procedures provided hereundershall be retroactively applied to the rule as soon as reasonably possible, butno later than ninety (90) days after the effective date of the emergency rule.
ARTICLEVII
OVERSIGHT,ENFORCEMENT AND DISPUTE RESOLUTION
BYTHE INTERSTATE COMMISSION
SectionA. Oversight
(a) Theinterstate commission shall oversee the administration and operations of theinterstate movement of juveniles subject to this compact in the compactingstates and shall monitor the activities being administered in noncompactingstates which may significantly affect compacting states.
(b) The courtsand executive agencies in each compacting state shall enforce this compact andshall take all actions necessary and appropriate to effectuate the compact'spurposes and intent. The provisions of this compact and the rules promulgatedhereunder shall be received by all the judges, public officers, commissions anddepartments of the state government as evidence of the authorized statute andadministrative rules. All courts shall take judicial notice of the compact andthe rules. In any judicial or administrative proceeding in a compacting statepertaining to the subject matter of this compact which may affect the powers,responsibilities or actions of the interstate commission, it shall be entitledto receive all service of process in the proceeding, and shall have standing tointervene in the proceeding for all purposes.
SectionB. Dispute Resolution
(a) Thecompacting states shall report to the interstate commission on all issues andactivities necessary for the administration of the compact as well as issuesand activities pertaining to compliance with the provisions of the compact andits bylaws and rules.
(b) Theinterstate commission shall attempt, upon the request of a compacting state, toresolve any disputes or other issues which are subject to the compact and whichmay arise among compacting states and between compacting and noncompactingstates. The commission shall promulgate a rule providing for both mediation andbinding dispute resolution for disputes among the compacting states.
(c) The interstatecommission, in the reasonable exercise of its discretion, shall enforce theprovisions and rules of this compact using any or all means set forth inarticle XI of this compact.
ARTICLEVIII
FINANCE
(a) The interstatecommission shall pay or provide for the payment of the reasonable expenses ofits establishment, organization and ongoing activities.
(b) Theinterstate commission shall levy on and collect an annual assessment from eachcompacting state to cover the cost of the internal operations and activities ofthe interstate commission and its staff which shall be in a total amountsufficient to cover the interstate commission's annual budget as approved eachyear. The aggregate annual assessment amount shall be allocated based upon aformula to be determined by the interstate commission, taking intoconsideration the population of each compacting state and the volume ofinterstate movement of juveniles in each compacting state and shall promulgatea rule binding upon all compacting states which governs the assessment.
(c) Theinterstate commission shall not incur any obligations of any kind prior tosecuring the funds adequate to meet the same; nor shall the interstatecommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.
(d) Theinterstate commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the interstate commissionshall be subject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by theinterstate commission shall be audited yearly by a certified or licensed publicaccountant and the report of the audit shall be included in and become part ofthe annual report of the interstate commission.
ARTICLEIX
THESTATE COUNCIL
Each member state shall create a statecouncil for interstate juvenile supervision. While each state may determine themembership of its own state council, its membership shall consist of one (1)member of the legislature appointed on an alternating basis by the president ofthe senate and the speaker of the house, with the president appointing thefirst member. The board of judicial policy and administration shall appoint one(1) member. There shall be one (1) representative of the victim servicesdivision of the attorney general's office and two (2) members from theexecutive branch appointed by the governor one (1) of whom shall be designatedas the commissioner. The appointments shall be made for two (2) year termsbeginning on the enactment of the Interstate Compact for Juveniles into law bythe thirty-fifth jurisdiction or July 1, 2004, whichever date occurs later. Thedepartment of family services shall provide support for the council andexpenses as provided for in W.S. 9-3-102 and 9-3-103. The state council shallappoint the compact administrator and may appoint a deputy compactadministrator who shall be members of the council and whose terms shall beconcurrent with the council members. Each compacting state retains the right todetermine the qualifications of the compact administrator or deputy compactadministrator. Each state council will advise and may exercise oversight andadvocacy concerning that state's participation in interstate commissionactivities and other duties as may be determined by that state, including butnot limited to, development of policy concerning operations and procedures ofthe compact within that state.
ARTICLEX
COMPACTINGSTATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state,the District of Columbia, or its designee, the Commonwealth of Puerto Rico, theU.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands asdefined in article II of this compact is eligible to become a compacting state.
(b) The compactshall become effective and binding upon legislative enactment of the compactinto law by no less than thirty-five (35) of the states. The initial effectivedate shall be the later of July 1, 2004 or upon enactment into law by the 35thjurisdiction. Thereafter it shall become effective and binding as to any othercompacting state upon enactment of the compact into law by that state. Thegovernors of nonmember states or their designees shall be invited toparticipate in the activities of the interstate commission on a nonvoting basisprior to adoption of the compact by all states and territories of the UnitedStates.
(c) Theinterstate commission may propose amendments to the compact for enactment bythe compacting states. No amendment shall become effective and binding upon theinterstate commission and the compacting states until it is enacted into law byunanimous consent of the compacting states.
ARTICLEXI
WITHDRAWAL,DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
SectionA. Withdrawal
(a) Onceeffective, the compact shall continue in force and remain binding upon eachcompacting state, provided that a compacting state may withdraw from thecompact by specifically repealing the statute which enacted the compact intolaw.
(b) The effectivedate of withdrawal is the effective date of the repeal.
(c) Thewithdrawing state shall immediately notify the chairperson of the interstatecommission in writing upon the introduction of legislation repealing thiscompact in the withdrawing state. The interstate commission shall notify theother compacting states of the withdrawing state's intent to withdraw withinsixty (60) days of its receipt thereof.
(d) Thewithdrawing state is responsible for all assessments, obligations andliabilities incurred through the effective date of withdrawal, including anyobligations, the performance of which extend beyond the effective date ofwithdrawal.
(e) Reinstatementfollowing withdrawal of any compacting state shall occur upon the withdrawingstate reenacting the compact or upon a later date as determined by theinterstate commission.
SectionB. Technical Assistance, Fines, Suspension, Termination and Default
(a) If the interstatecommission determines that any compacting state has at any time defaulted inthe performance of any of its obligations or responsibilities under thiscompact, or the bylaws or duly promulgated rules, the interstate commission mayimpose any or all of the following penalties:
(i) Remedialtraining and technical assistance as directed by the interstate commission;
(ii) Alternativedispute resolution;
(iii) Fines,fees and costs in amounts as are deemed to be reasonable as fixed by theinterstate commission; and
(iv) Suspensionor termination of membership in the compact, which shall be imposed only afterall other reasonable means of securing compliance under the bylaws and ruleshave been exhausted and the interstate commission has therefore determined thatthe offending state is in default. Immediate notice of suspension shall begiven by the interstate commission to the governor, the chief justice or thechief judicial officer of the state, the majority and minority leaders of thedefaulting state's legislature and the state council. The grounds for defaultinclude, but are not limited to, failure of a compacting state to perform theobligations or responsibilities imposed upon it by this compact, the bylaws orduly promulgated rules and any other grounds designated in commission bylawsand rules. The interstate commission shall immediately notify the defaultingstate in writing of the penalty imposed by the interstate commission and of thedefault pending a cure of the default. The commission shall stipulate the conditionsand the time period within which the defaulting state shall cure its default.If the defaulting state fails to cure the default within the time periodspecified by the commission, the defaulting state shall be terminated from thecompact upon an affirmative vote of a majority of the compacting states and allrights, privileges and benefits conferred by this compact shall be terminatedfrom the effective date of termination.
(b) Within sixty(60) days of the effective date of termination of a defaulting state, thecommission shall notify the governor, the chief justice or chief judicialofficer, the majority and minority leaders of the defaulting state'slegislature and the state council of the termination.
(c) Thedefaulting state is responsible for all assessments, obligations andliabilities incurred through the effective date of termination including anyobligations, the performance of which extends beyond the effective date oftermination.
(d) Theinterstate commission shall not bear any costs relating to the defaulting stateunless otherwise mutually agreed upon in writing between the interstatecommission and the defaulting state.
(e) Reinstatementfollowing termination of any compacting state requires both a reenactment ofthe compact by the defaulting state and the approval of the interstatecommission pursuant to the rules.
SectionC. Judicial Enforcement
The interstate commission may, by majorityvote of the members, initiate legal action in the United States district courtfor the District of Columbia or, at the discretion of the interstatecommission, in the federal district where the interstate commission has itsoffices, to enforce compliance with the provisions of the compact, its dulypromulgated rules and bylaws, against any compacting state in default. In theevent judicial enforcement is necessary the prevailing party shall be awardedall costs of the litigation, including reasonable attorneys fees.
SectionD. Dissolution of Compact
(a) The compactdissolves effective upon the date of the withdrawal or default of thecompacting states, which reduces membership in the compact to one (1)compacting state.
(b) Upon thedissolution of this compact, the compact becomes null and void and shall be ofno further force or effect, and the business and affairs of the interstatecommission shall be concluded and any surplus funds shall be distributed inaccordance with the bylaws.
ARTICLEXII
SEVERABILITYAND CONSTRUCTION
(a) Theprovisions of this compact shall be severable, and if any phrase, clause,sentence or provision is deemed unenforceable, the remaining provisions of thecompact shall be enforceable.
(b) Theprovisions of this compact shall be liberally construed to effectuate itspurposes.
ARTICLEXIII
BINDINGEFFECT OF COMPACT AND OTHER LAWS
SectionA. Other Laws
(a) Nothing hereinprevents the enforcement of any other law of a compacting state that is notinconsistent with this compact.
(b) Allcompacting states' laws other than state constitutions and other interstatecompacts conflicting with this compact are superseded to the extent of theconflict.
SectionB. Binding Effect of the Compact
(a) All lawfulactions of the interstate commission, including all rules and bylawspromulgated by the interstate commission, are binding upon the compactingstates.
(b) Allagreements between the interstate commission and the compacting states arebinding in accordance with their terms.
(c) Upon therequest of a party to a conflict over meaning or interpretation of interstatecommission actions, and upon a majority vote of the compacting states, theinterstate commission may issue advisory opinions regarding the meaning orinterpretation.
(d) In the eventany provision of this compact exceeds the constitutional limits imposed on thelegislature of any compacting state, the obligations, duties, powers orjurisdiction sought to be conferred by the provision upon the interstatecommission shall be ineffective and the obligations, duties, powers orjurisdiction shall remain in the compacting state and shall be exercised by theagency thereof to which the obligations, duties, powers or jurisdiction aredelegated by law in effect at the time this compact becomes effective.
ARTICLE 2 - JUVENILE JUSTICE ACT
14-6-201. Definitions; short title; statement of purpose andinterpretation.
(a) As used in this act:
(i) "Adjudication" means a finding by the court orthe jury, incorporated in a decree, as to the truth of the facts alleged in thepetition;
(ii) "Adult" means an individual who has attained theage of majority;
(iii) "Child" means an individual who is under the ageof majority;
(iv) Repealed By Laws 1997, ch. 199, 3.
(v) "Clerk" means the clerk of a district courtacting as the clerk of a juvenile court;
(vi) "Commissioner" means a district courtcommissioner;
(vii) "Court" means the juvenile court established byW.S. 5-8-101;
(viii) "Custodian" means a person, institution or agencyresponsible for the child's welfare and having legal custody of a child bycourt order or having actual physical custody and control of a child and actingin loco parentis;
(ix) "Delinquent act" means an act punishable as acriminal offense by the laws of this state or any political subdivisionthereof, or contempt of court under W.S. 14-6-242, or an act violating theterms and conditions of any court order which resulted from the criminalconviction of any child but does not include a status offense;
(x) "Delinquent child" means a child who hascommitted a delinquent act;
(xi) "Deprivation of custody" means transfer of legalcustody by the court from a parent or previous legal custodian to anotherperson, agency, organization or institution;
(xii) "Detention" means the temporary care of a childin physically restricting facilities pending court disposition or the executionof a court order to place or commit a child to a juvenile detention facility;
(xiii) "Judge" means the judge of the juvenile court;
(xiv) "Legal custody" means as defined in W.S. 14-3-402(a)(x);
(xv) "Minor" means an individual who is under the ageof majority;
(xvi) Repealed By Laws 1997, ch. 199, 3.
(xvii) "Parent" means either a natural or adoptiveparent of the child, a person adjudged the parent of the child in judicialproceedings or a man presumed to be the father under W.S. 14-2-504;
(xviii) "Parties" include the child, his parents,guardian or custodian, the state of Wyoming and any other person made a partyby an order to appear, or named by the juvenile court;
(xix) "Probation" means a legal status created by courtorder following an adjudication of delinquency or of a status offense where achild is permitted to remain in his home subject to supervision by a city orcounty probation officer, the department or other qualified privateorganization the court may designate. A child is subject to return to the courtfor violation of the terms or conditions of probation provided for in the courtorder;
(xx) Repealed By Laws 1997, ch. 199, 3.
(xxi) "Residual parental rights and duties" means thoserights and duties remaining with the parents after custody, guardianship of theperson or both have been vested in another person, agency or institution.Residual parental rights and duties include but are not limited to:
(A) The duty to support and provide necessities of life;
(B) The right to consent to adoption;
(C) The right to reasonable visitation unless restricted orprohibited by court order;
(D) The right to determine the minor's religious affiliation;and
(E) The right to petition on behalf of the minor.
(xxii) "Shelter care" means the temporary care of achild in physically unrestricting facilities pending court disposition orexecution of a court order for placement or commitment;
(xxiii) "Status offense" means an offense which, ifcommitted by an adult, would not constitute an act punishable as a criminaloffense by the laws of this state or a violation of a municipal ordinance, butdoes not include a violation of W.S. 12-6-101(b) or (c) or any similarmunicipal ordinance;
(xxiv) "Juvenile detention facility" means any facilitywhich may legally and physically restrict and house a child, other than theWyoming boys' school, the Wyoming girls' school, the Wyoming state hospital orother private or public psychiatric facility within the state of Wyoming. Ajuvenile detention facility may be housed within an adult jail or correctionfacility if the facility otherwise meets the requirements of state law;
(xxv) "Department" means the Wyoming department offamily services;
(xxvi) "This act" means W.S. 14-6-201 through 14-6-252.
(b) This act shall be known and may be cited as the"Juvenile Justice Act".
(c) This act shall be construed to effectuate the followingpublic purposes:
(i) To provide for the best interests of the child and theprotection of the public and public safety;
(ii) Consistent with the best interests of the child and theprotection of the public and public safety:
(A) To promote the concept of punishment for criminal actswhile recognizing and distinguishing the behavior of children who have beenvictimized or have disabilities, such as serious mental illness that requirestreatment or children with a cognitive impairment that requires services;
(B) To remove, where appropriate, the taint of criminality fromchildren committing certain unlawful acts; and
(C) To provide treatment, training and rehabilitation thatemphasizes the accountability and responsibility of both the parent and thechild for the child's conduct, reduces recidivism and helps children to becomefunctioning and contributing adults.
(iii) To provide for the care, the protection and the wholesomemoral, mental and physical development of children within the communitywhenever possible using the least restrictive and most appropriateinterventions;
(iv) To be flexible and innovative and encourage coordination atthe community level to reduce the commission of unlawful acts by children;
(v) To achieve the foregoing purposes in a family environmentwhenever possible, separating the child from the child's parents only whennecessary for the child's welfare or in the interest of public safety and whena child is removed from the child's family, to ensure that individual needswill control placement and provide the child the care that should be providedby parents; and
(vi) To provide a simple judicial procedure through which theprovisions of this act are executed and enforced and in which the parties areassured a fair and timely hearing and their constitutional and other legalrights recognized and enforced.
14-6-202. Repealed By Laws 1997, ch. 199, 3.
14-6-203. Jurisdiction; confidentiality of records.
(a) Repealed By Laws 1997, ch. 199, 3.
(b) Coincident with proceedings concerning a minor alleged tobe delinquent, the court has jurisdiction to:
(i) Determine questions concerning the right to legal custodyof the minor;
(ii) Order any party to the proceedings to perform any acts,duties and responsibilities the court deems necessary; or
(iii) Order any party to the proceedings to refrain from any actor conduct the court deems detrimental to the best interest and welfare of theminor or essential to the enforcement of any lawful order of disposition of theminor made by the court.
(c) Except as provided in subsection (d) of this section, thejuvenile court has concurrent jurisdiction in all cases, other than statusoffenses, in which a minor is alleged to have committed a criminal offense orto have violated a municipal ordinance.
(d) The juvenile court has exclusive jurisdiction in all cases,other than status offenses, in which a minor who has not attained the age ofthirteen (13) years is alleged to have committed a felony or a misdemeanorpunishable by imprisonment for more than six (6) months.
(e) Except as provided in subsection (f) of this section, allcases over which the juvenile court has concurrent jurisdiction shall beoriginally commenced in the juvenile court but may thereafter be transferred toanother court having jurisdiction pursuant to W.S. 14-6-237.
(f) The district attorney shall establish objective criteria,screening