Senate Bill sb0306c2

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    Florida Senate - 2001                     CS for CS for SB 306

    By the Committees on Appropriations, Criminal Justice and
    Senators Clary and Smith




    309-1816-01

  1                      A bill to be entitled

  2         An act relating to public protection; amending

  3         s. 944.605, F.S.; requiring that the state

  4         attorney and a victim's parent, guardian, next

  5         of kin, or lawful representative be notified

  6         under certain circumstances after the inmate

  7         who committed the crime is approved for

  8         community work release; amending s. 958.07,

  9         F.S.; authorizing the victim of a crime or the

10         victim's parent, guardian, or next of kin to

11         review the presentence investigation report

12         under certain circumstances; amending s.

13         960.001, F.S.; requiring that a victim's

14         parent, guardian, or representative be allowed

15         to be informed, present, and heard in a

16         criminal or juvenile proceeding; requiring that

17         a crime victim or witness be informed of the

18         address confidentiality program; requiring

19         notice when an inmate is approved for community

20         work release; requiring that the victim of a

21         sex offense be informed of the right to have

22         the courtroom cleared of certain persons when

23         the victim is testifying about the offense;

24         prescribing standing of certain persons to

25         assert a victim's rights; amending s. 921.143,

26         F.S.; prescribing the right of the parent or

27         guardian of a minor victim, or the lawful

28         representative of any of them, to appear and

29         make a statement at a sentencing hearing;

30         amending s. 944.606, F.S.; requiring

31         notification of the victim, the victim's parent

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  1         or guardian when the victim is a minor, the

  2         lawful representative of any of them, or the

  3         next of kin of a homicide victim when a sexual

  4         offender is being released; amending s. 948.10,

  5         F.S.; requiring notification of the victim, the

  6         victim's parent or guardian when the victim is

  7         a minor, or the next of kin of a homicide

  8         victim when an offender is placed on community

  9         control; amending s. 960.28, F.S.; prohibiting

10         a medical provider who performs an initial

11         forensic examination from billing the parent or

12         guardian of a minor victim for that

13         examination; amending s. 949.07, F.S.;

14         providing a compact for the supervision of

15         adult offenders; authorizing and directing the

16         Governor to enter into the compact on behalf of

17         the state; providing purpose; providing

18         definitions; providing for an Interstate

19         Commission; providing for governance of the

20         commission; providing for a State Council for

21         Interstate Adult Offender Supervision;

22         providing for membership of the state council;

23         specifying powers and duties of the Interstate

24         Commission; providing for organization and

25         operation of the commission; providing

26         activities of the commission; authorizing the

27         commission to adopt rules; providing for

28         oversight, enforcement, and resolution of

29         disputes between compacting states; providing

30         for financing the activities of the commission;

31         providing for the effective date of the

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  1         compact; providing for withdrawal, default, or

  2         termination of member states; providing for

  3         judicial enforcement; providing for

  4         severability and construction of the compact;

  5         providing that the compact binds the member

  6         states; amending s. 949.071, F.S.; redefining

  7         the term "state" for purposes of the compact;

  8         creating s. 949.072. F.S.; establishing the

  9         State Council for Interstate Adult Offender

10         Supervision; providing for membership and

11         duties; amending s. 949.08, F.S.; providing

12         certain limitations on the amount paid by the

13         state under the compact; amending s. 949.09,

14         F.S.; redesignating ss. 949.07-949.08, F.S., as

15         the "Interstate Compact for Adult Offender

16         Supervision"; providing an effective date.

17

18         WHEREAS, the Interstate Compact for the Supervision of

19  Parolees and Probationers was established in 1937, is the

20  earliest corrections compact established among the states, and

21  has not been amended since its adoption over 62 years ago, and

22         WHEREAS, the complexities of the compact have become

23  more difficult to administer, and many jurisdictions have

24  expanded supervision expectations to include practices that

25  are currently unregulated, such a victim input,

26  victim-notification requirements, and sex-offender

27  registration, and

28         WHEREAS, upon the adoption of the Interstate Compact

29  for Adult Offender Supervision, it is the intent of the

30  Legislature to repeal the previous Interstate Compact for the

31

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  1  Supervision of Parolees and Probationers on the effective date

  2  of this act, NOW, THEREFORE,

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsection (1) of section 944.605, Florida

  7  Statutes, is amended to read:

  8         944.605  Inmate release; notification.--

  9         (1)  Within 6 months before the release of an inmate

10  from the custody of the Department of Corrections or a private

11  correctional facility by expiration of sentence under s.

12  944.275, any release program provided by law, or parole under

13  chapter 947, or as soon as possible if the offender is

14  released earlier than anticipated, notification of such

15  anticipated release date shall be made known by the Department

16  of Corrections appropriate agency to the chief judge of the

17  circuit in which the offender was sentenced, the appropriate

18  state attorney, the original arresting law enforcement agency,

19  the Department of Law Enforcement, and the sheriff as chief

20  law enforcement officer of the county in which the inmate

21  plans to reside. In addition, unless otherwise requested by

22  the victim, the victim's parent or guardian if the victim is a

23  minor, the lawful representative of the victim or of the

24  victim's parent or guardian if the victim is a minor, the

25  victim's next of kin in the case of a homicide, or the

26  personal representative of the victim, the state attorney or,

27  the Department of Corrections, the Control Release Authority,

28  or the Parole Commission, whichever is appropriate, shall

29  notify such person within 6 months before the inmate's

30  release, or as soon as possible if the offender is released

31  earlier than anticipated, when the name and address of such

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  1  victim, or the name and address of the parent, guardian, next

  2  of kin, or lawful representative of the victim has been

  3  furnished to the agency.  The state attorney shall provide the

  4  latest address documented for the victim, or for the victim's

  5  parent, guardian, next of kin, or lawful representative, as

  6  applicable, to the sheriff with the other documents required

  7  by law for the delivery of inmates to those agencies for

  8  service of sentence. Upon request, within 30 days after an

  9  inmate is approved for community work release, the state

10  attorney, the victim, the victim's parent or guardian if the

11  victim is a minor, the victim's next of kin in the case of a

12  homicide, or the lawful representative of the victim or of the

13  victim's parent or guardian if the victim is a minor shall be

14  notified that the inmate has been approved for community work

15  release. For the purposes of this section, the Parole

16  Commission or the Control Release Authority is the appropriate

17  agency for any type of release it grants, and the Department

18  of Corrections is the appropriate agency for any type of

19  release it authorizes.  This section does not imply any repeal

20  or modification of any provision of law relating to

21  notification of victims.

22         Section 2.  Section 958.07, Florida Statutes, is

23  amended to read:

24         958.07  Presentence report; access by defendant.--The

25  defendant is entitled to an opportunity to present to the

26  court facts which would materially affect the decision of the

27  court to adjudicate the defendant a youthful offender. The

28  defendant, his or her attorney, and the state shall be

29  entitled to inspect all factual material contained in the

30  comprehensive presentence report or diagnostic reports

31  prepared or received by the department. The victim, the

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  1  victim's parent or guardian if the victim is a minor, the

  2  lawful representative of the victim or of the victim's parent

  3  or guardian if the victim is a minor, or the victim's next of

  4  kin in the case of a homicide may review the presentence

  5  investigation report as provided in s. 960.001(1)(g)2. The

  6  court may withhold from disclosure to the defendant and his or

  7  her attorney sources of information which have been obtained

  8  through a promise of confidentiality. In all cases in which

  9  parts of the report are not disclosed, the court shall state

10  for the record the reasons for its action and shall inform the

11  defendant and his or her attorney that information has not

12  been disclosed.

13         Section 3.  Paragraphs (a), (c), (e), (g), and (q) of

14  subsection (1) and subsection (7) of section 960.001, Florida

15  Statutes, are amended to read:

16         960.001  Guidelines for fair treatment of victims and

17  witnesses in the criminal justice and juvenile justice

18  systems.--

19         (1)  The Department of Legal Affairs, the state

20  attorneys, the Department of Corrections, the Department of

21  Juvenile Justice, the Parole Commission, the State Courts

22  Administrator and circuit court administrators, the Department

23  of Law Enforcement, and every sheriff's department, police

24  department, or other law enforcement agency as defined in s.

25  943.10(4) shall develop and implement guidelines for the use

26  of their respective agencies, which guidelines are consistent

27  with the purposes of this act and s. 16(b), Art. I of the

28  State Constitution and are designed to implement the

29  provisions of s. 16(b), Art. I of the State Constitution and

30  to achieve the following objectives:

31

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  1         (a)  Information concerning services available to

  2  victims of adult and juvenile crime.--Witness coordination

  3  offices as provided in s. 43.35 shall gather information

  4  regarding the following services in the geographic boundaries

  5  of their respective circuits and shall provide such

  6  information to each law enforcement agency with jurisdiction

  7  within such geographic boundaries.  Law enforcement personnel

  8  shall ensure, through distribution of a victim's rights

  9  information card or brochure at the crime scene, during the

10  criminal investigation, and in any other appropriate manner,

11  that victims are given, as a matter of course at the earliest

12  possible time, information about:

13         1.  The availability of crime victim compensation, when

14  applicable;

15         2.  Crisis intervention services, supportive or

16  bereavement counseling, social service support referrals, and

17  community-based victim treatment programs;

18         3.  The role of the victim in the criminal or juvenile

19  justice process, including what the victim may expect from the

20  system as well as what the system expects from the victim;

21         4.  The stages in the criminal or juvenile justice

22  process which are of significance to the victim and the manner

23  in which information about such stages can be obtained;

24         5.  The right of a victim, who is not incarcerated,

25  including the victim's parent or guardian if the victim is a

26  minor, the lawful representative of the victim or of the

27  victim's parent or guardian if the victim is a minor, and the

28  next of kin of a homicide victim, to be informed, to be

29  present, and to be heard when relevant, at all crucial stages

30  of a criminal or juvenile proceeding, to the extent that this

31  right does not interfere with constitutional rights of the

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  1  accused, as provided by s. 16(b), Art. I of the State

  2  Constitution;

  3         6.  In the case of incarcerated victims, the right to

  4  be informed and to submit written statements at all crucial

  5  stages of the criminal proceedings, parole proceedings, or

  6  juvenile proceedings; and

  7         7.  The right of a victim to a prompt and timely

  8  disposition of the case in order to minimize the period during

  9  which the victim must endure the responsibilities and stress

10  involved to the extent that this right does not interfere with

11  the constitutional rights of the accused.

12         (c)  Information concerning protection available to

13  victim or witness.--A victim or witness shall be furnished, as

14  a matter of course, with information on steps that are

15  available to law enforcement officers and state attorneys to

16  protect victims and witnesses from intimidation. Victims of

17  domestic violence shall also be given information about the

18  address confidentiality program provided under s. 741.403.

19         (e)  Advance notification to victim or relative of

20  victim concerning judicial proceedings; right to be

21  present.--Any victim, parent, guardian, or lawful

22  representative relative of a minor who is a victim, or

23  relative of a homicide victim shall receive from the

24  appropriate agency, at the address found in the police report

25  or the victim notification card if such has been provided to

26  the agency, prompt advance notification, unless the agency

27  itself does not have advance notification, of judicial and

28  postjudicial proceedings relating to his or her case,

29  including all proceedings or hearings relating to:

30         1.  The arrest of an accused;

31

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  1         2.  The release of the accused pending judicial

  2  proceedings or any modification of release conditions; and

  3         3.  Proceedings in the prosecution or petition for

  4  delinquency of the accused, including the filing of the

  5  accusatory instrument, the arraignment, disposition of the

  6  accusatory instrument, trial or adjudicatory hearing,

  7  sentencing or disposition hearing, appellate review,

  8  subsequent modification of sentence, collateral attack of a

  9  judgment, and, when a term of imprisonment, detention, or

10  residential commitment is imposed, the release of the

11  defendant or juvenile offender from such imprisonment,

12  detention, or residential commitment by expiration of sentence

13  or parole and any meeting held to consider such release.

14

15  A victim, a victim's parent or guardian if the victim is a

16  minor, a lawful representative of the victim or of the

17  victim's parent or guardian if the victim is a minor, or a

18  victim's next of kin may not be excluded from any portion of

19  any hearing, trial, or proceeding pertaining to the offense

20  based solely on the fact that such person is subpoenaed to

21  testify, unless, upon motion, the court determines such

22  person's presence to be prejudicial.  The appropriate agency

23  with respect to notification under subparagraph 1. is the

24  arresting law enforcement agency, and the appropriate agency

25  with respect to notification under subparagraphs 2. and 3. is

26  the Attorney General or state attorney, unless the

27  notification relates to a hearing concerning parole, in which

28  case the appropriate agency is the Parole Commission.  The

29  Department of Corrections, the Department of Juvenile Justice,

30  or the sheriff is the appropriate agency with respect to

31  release by expiration of sentence or any other release program

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  1  provided by law.  Any victim may waive notification at any

  2  time, and such waiver shall be noted in the agency's files.

  3         (g)1.  Consultation with victim or guardian or family

  4  of victim.--

  5         1.  In addition to being notified of the provisions of

  6  s. 921.143, the victim of a felony involving physical or

  7  emotional injury or trauma or, in a case in which the victim

  8  is a minor child or in a homicide, the guardian or family of

  9  the victim shall be consulted by the state attorney in order

10  to obtain the views of the victim or family about the

11  disposition of any criminal or juvenile case brought as a

12  result of such crime, including the views of the victim or

13  family about:

14         a.  The release of the accused pending judicial

15  proceedings;

16         b.  Plea agreements;

17         c.  Participation in pretrial diversion programs; and

18         d.  Sentencing of the accused.

19         2.  Upon request, the state attorney shall permit the

20  victim, the victim's parent or guardian if the victim is a

21  minor, the lawful representative of the victim or of the

22  victim's parent or guardian if the victim is a minor, or the

23  victim's next of kin in the case of a homicide to review a

24  copy of the presentence investigation report prior to the

25  sentencing hearing if one was completed. Any confidential

26  information that pertains to medical history, mental health,

27  or substance abuse and any information that pertains to any

28  other victim shall be redacted from the copy of the report.

29  Any person who reviews the report pursuant to this paragraph

30  must maintain the confidentiality of the report and shall not

31

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  1  disclose its contents to any person except statements made to

  2  the state attorney or the court.

  3         3.  When an inmate has been approved for community work

  4  release, the Department of Corrections shall, upon request and

  5  as provided in s. 944.605, notify the victim, the victim's

  6  parent or guardian if the victim is a minor, the lawful

  7  representative of the victim or of the victim's parent or

  8  guardian if the victim is a minor, or the victim's next of kin

  9  if the victim is a homicide victim.

10         (q)  Presence of victim advocate during discovery

11  deposition; testimony of victim of a sexual offense.--At the

12  request of the victim or the victim's parent, guardian, or

13  lawful representative, the victim advocate designated by state

14  attorney's office, sheriff's office, or municipal police

15  department, or one representative from a not-for-profit victim

16  services organization, including, but not limited to, rape

17  crisis centers, domestic violence advocacy groups, and alcohol

18  abuse or substance abuse groups shall be permitted to attend

19  and be present during any deposition of the victim. The victim

20  of a sexual offense shall be informed of the right to have the

21  courtroom cleared of certain persons as provided in s. 918.16

22  when the victim is testifying concerning that offense.

23         (7)  The victim of a crime, the victim's parent or

24  guardian if the victim is a minor, and the state attorney,

25  with the consent of the victim or the victim's parent or

26  guardian if the victim is a minor, have standing to assert the

27  rights of a crime victim which are provided by law or s.

28  16(b), Art. I of the State Constitution.

29         Section 4.  Subsections (1) and (2) of section 921.143,

30  Florida Statutes, are amended to read:

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  1         921.143  Appearance of victim or next of kin to make

  2  statement at sentencing hearing; submission of written

  3  statement.--

  4         (1)  At the sentencing hearing, and prior to the

  5  imposition of sentence upon any defendant who has been

  6  convicted of any felony or who has pleaded guilty or nolo

  7  contendere to any crime, including a criminal violation of a

  8  provision of chapter 316, the sentencing court shall permit

  9  the victim of the crime for which the defendant is being

10  sentenced, the victim's parent or guardian if the victim is a

11  minor, the lawful representative of the victim or of the

12  victim's parent or guardian if the victim is a minor, or the

13  next of kin of the victim if the victim has died from causes

14  related to the crime, to:

15         (a)  Appear before the sentencing court for the purpose

16  of making a statement under oath for the record; and

17         (b)  Submit a written statement under oath to the

18  office of the state attorney, which statement shall be filed

19  with the sentencing court.

20         (2)  The state attorney or any assistant state attorney

21  shall advise all victims or, when appropriate, the victim's

22  parent, guardian, their next of kin, or lawful representative

23  that statements, whether oral or written, shall relate to the

24  facts of the case and the extent of any harm, including

25  social, psychological, or physical harm, financial losses,

26  loss of earnings directly or indirectly resulting from the

27  crime for which the defendant is being sentenced, and any

28  matter relevant to an appropriate disposition and sentence.

29         Section 5.  Paragraph (b) of subsection (3) of section

30  944.606, Florida Statutes, is amended to read:

31         944.606  Sexual offenders; notification upon release.--

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  1         (3)

  2         (b)  The department must provide the information

  3  described in subparagraph (a)1. to:

  4         1.  The sheriff of the county from where the sexual

  5  offender was sentenced;

  6         2.  The sheriff of the county and, if applicable, the

  7  police chief of the municipality, where the sexual offender

  8  plans to reside;

  9         3.  The Florida Department of Law Enforcement; and

10         4.  When requested, the victim of the offense, the

11  victim's parent or legal guardian if the victim is a minor,

12  the lawful representative of the victim or of the victim's

13  parent or guardian if the victim is a minor, or the next of

14  kin if the victim is a homicide victim; and

15         5.4.  Any person who requests such information,

16

17  either within 6 months prior to the anticipated release of a

18  sexual offender, or as soon as possible if an offender is

19  released earlier than anticipated. All such information

20  provided to the Department of Law Enforcement must be

21  available electronically as soon as the information is in the

22  agency's database and must be in a format that is compatible

23  with the requirements of the Florida Crime Information Center.

24         Section 6.  Subsection (6) of section 948.10, Florida

25  Statutes, is amended to read:

26         948.10  Community control programs.--

27         (6)  Upon written request, when an offender is placed

28  on community control, the department shall notify:

29         (a)  The original arresting law enforcement agency;,

30         (b)  The sheriff or chief law enforcement officer of

31  the county in which the offender is to be placed;, and

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  1         (c)  The chief officer of any local law enforcement

  2  agency within whose jurisdiction the offender is to be placed.

  3         (d)  The victim of the offense, the victim's parent or

  4  guardian if the victim is a minor, the lawful representative

  5  of the victim or the victim's parent or guardian if the victim

  6  is a minor, or the next of kin if the victim is a homicide

  7  victim.

  8

  9  Such notification shall include the name and street address of

10  the offender, the length of supervision, and the nature of the

11  offense. Update notification must be provided with respect to

12  violation of the terms or conditions of the placement.

13         Section 7.  Subsection (1) of section 960.28, Florida

14  Statutes, is amended to read:

15         960.28  Payment for victims' initial forensic physical

16  examinations.--

17         (1)  A medical provider who performs an initial

18  forensic physical examination may not bill a victim or the

19  victim's parent or guardian if the victim is a minor directly

20  or indirectly for that examination.

21         Section 8.  Section 949.07, Florida Statutes, is

22  amended to read:

23         (Substantial rewording of section. See

24         s. 949.07, F.S., for present text.)

25         949.07  Compact for the supervision of adult

26  offenders.--

27         (1)  The Legislature finds and declares that this

28  section is necessary for the immediate preservation of the

29  public peace, health, and safety.

30         (2)  The Governor is authorized and directed to enter

31  into a compact on behalf of the state with any state of the

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  1  United States legally joining therein in a form substantially

  2  as follows:

  3

  4                            ARTICLE I

  5                             PURPOSE

  6         (1)  The compacting states to this interstate compact

  7  recognize that each state is responsible for the supervision

  8  of adult offenders in the community who are authorized

  9  pursuant to the by-laws and rules of this compact to travel

10  across state lines both to and from each compacting state, in

11  such a manner as to track the location of offenders, transfer

12  supervision authority in an orderly and efficient manner, and,

13  when necessary, return offenders to the originating

14  jurisdictions. The compacting states also recognize that

15  Congress, by enacting the "Crime Control Act," 4 U.S.C. s.

16  112, has authorized and encouraged compacts for cooperative

17  efforts and mutual assistance in the prevention of crime.

18         (2)  It is the purpose of this compact and the

19  Interstate Commission created hereunder, through means of

20  joint and cooperative action among the compacting states, to

21  provide the framework for the promotion of public safety and

22  protect the rights of victims through the control and

23  regulation of the interstate movement of offenders in the

24  community; to provide for the effective tracking, supervision,

25  and rehabilitation of these offenders by the sending and

26  receiving states; and to equitably distribute the costs,

27  benefits, and obligations of the compact among the compacting

28  states.

29         (3)  In addition, this compact:

30         (a)  Creates an Interstate Commission that will

31  establish uniform procedures and rules for managing the

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  1  movement between states of adults placed under community

  2  supervision and released to the community under the

  3  jurisdiction of courts, paroling authorities, corrections

  4  agencies, or other criminal justice agencies;

  5         (b)  Ensures an opportunity for input and timely notice

  6  to victims and to jurisdictions where defined offenders are

  7  authorized to travel or to relocate across state lines;

  8         (c)  Establishes a system of uniform data collection,

  9  access to information on active cases by authorized criminal

10  justice officials, and regular reporting of compact activities

11  to heads of state councils; state executive, judicial, and

12  legislative branches; and criminal justice administrators;

13         (d)  Provides for monitoring compliance with rules

14  governing interstate movement of offenders and initiating

15  interventions to address and correct noncompliance; and

16         (e)  Provides for coordinating training and education

17  regarding regulations of interstate movement of offenders for

18  officials involved in such activity.

19         (4)  The compacting states recognize that offenders

20  have no right to live in another state and that duly

21  accredited officers of a sending state may at all times enter

22  a receiving state and apprehend and retake any offender under

23  supervision subject to the provisions of this compact and

24  by-laws and rules adopted under this compact. It is the policy

25  of the compacting states that the purpose of the Interstate

26  Commission is the formation of public policies and that the

27  commission's activities therefore constitute public business.

28

29                            ARTICLE II

30                           DEFINITIONS

31         (1)  As used in this compact, the term:

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  1         (a)  "Adult" refers to individuals legally classified

  2  as adults and to juveniles treated as adults by court order,

  3  statute, or operation of law.

  4         (b)  "By-laws" means those by-laws established by the

  5  Interstate Commission for its governance or for directing or

  6  controlling the Interstate Commission's actions or conduct.

  7         (c)  "Compact administrator" means the individual in

  8  each compacting state appointed pursuant to the terms of this

  9  compact who is responsible for the administration and

10  management of the state's supervision and transfer of

11  offenders subject to the terms of this compact, the rules

12  adopted by the Interstate Commission, and policies adopted by

13  the state council under this compact.

14         (d)  "Compacting state" means any state that has

15  enacted the enabling legislation for this compact.

16         (e)  "Commissioner" means the voting representative of

17  each compacting state appointed pursuant to article III of

18  this compact.

19         (f)  "Interstate Commission" means the Interstate

20  Commission for Adult Offender Supervision established by this

21  compact.

22         (g)  "Member" means the commissioner of a compacting

23  state or designee, who must be a person officially connected

24  with the commissioner.

25         (h)  "Noncompacting state" means any state that has not

26  enacted the enabling legislation for this compact.

27         (i)  "Offender" means an adult placed under, or subject

28  to, supervision as the result of the commission of a criminal

29  offense and released to the community under the jurisdiction

30  of courts, paroling authorities, corrections agencies, or

31  other criminal justice agencies.

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  1         (j)  "Person" means any individual, corporation,

  2  business enterprise, or other legal entity, either public or

  3  private.

  4         (k)  "Rules" means acts of the Interstate Commission,

  5  duly adopted pursuant to article VIII of this compact,

  6  substantially affecting interested parties in addition to the

  7  Interstate Commission, which shall have the force and effect

  8  of law in the compacting states.

  9         (l)  "State" means a state of the United States, the

10  District of Columbia, and any other territorial possessions of

11  the United States.

12         (m)  "State council" means the resident members of the

13  State Council for Interstate Adult Offender Supervision

14  created by each state under article IV of this compact.

15

16                           ARTICLE III

17                      THE COMPACT COMMISSION

18         (1)  The compacting states hereby create the Interstate

19  Commission for Adult Offender Supervision. The Interstate

20  Commission shall be a body corporate and a joint agency of the

21  compacting states. The Interstate Commission shall have all

22  the responsibilities, powers, and duties set forth in this

23  compact, including the power to sue and be sued, and such

24  additional powers as are conferred upon it by subsequent

25  action of the respective legislatures of the compacting states

26  in accordance with the terms of this compact.

27         (2)  The Interstate Commission shall consist of

28  commissioners selected and appointed by resident members of a

29  state council for Interstate Adult Offender Supervision for

30  each state. In addition to the commissioners who are the

31  voting representatives of each state, the Interstate

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  1  Commission shall include individuals who are not commissioners

  2  but who are members of interested organizations. Such

  3  noncommissioner members shall include a member of the national

  4  organizations of governors, legislators, state chief justices,

  5  attorneys general, and crime victims. All noncommissioner

  6  members of the Interstate Commission shall be ex officio,

  7  nonvoting members. The Interstate Commission may provide in

  8  its by-laws for such additional, ex officio, nonvoting members

  9  as it deems necessary.

10         (3)  Each compacting state represented at any meeting

11  of the Interstate Commission is entitled to one vote. A

12  majority of the compacting states shall constitute a quorum

13  for the transaction of business, unless a larger quorum is

14  required by the by-laws of the Interstate Commission.

15         (4)  The Interstate Commission shall meet at least once

16  each calendar year. The chairperson may call additional

17  meetings and, upon the request of 27 or more compacting

18  states, shall call additional meetings. Public notice shall be

19  given of all meetings, and meetings shall be open to the

20  public.

21         (5)  The Interstate Commission shall establish an

22  executive committee that shall include commission officers,

23  members, and others as determined by the by-laws. The

24  executive committee shall have the power to act on behalf of

25  the Interstate Commission during periods when the Interstate

26  Commission is not in session, with the exception of rulemaking

27  and amendments to the compact. The executive committee

28  oversees the day-to-day activities managed by the executive

29  director and Interstate Commission staff; administers

30  enforcement and compliance with the provisions of the compact

31  and its by-laws and as directed by the Interstate Commission;

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  1  and performs other duties as directed by the Interstate

  2  Commission or set forth in the by-laws.

  3

  4                            ARTICLE IV

  5                        THE STATE COUNCIL

  6         (1)  Each member state shall create a State Council for

  7  Interstate Adult Offender Supervision, which shall appoint the

  8  commissioner who shall serve on the Interstate Commission from

  9  that state. Each state council shall appoint as its

10  commissioner the compact administrator from that state to

11  serve on the Interstate Commission in such capacity under or

12  pursuant to applicable law of the member state. While each

13  member state may determine the membership of its own state

14  council, its membership must include at least one

15  representative each from victims groups and compact

16  administrators.

17         (2)  The State Council for Interstate Adult Offender

18  Supervision in this state shall consist of seven members.

19  These members shall include the compact administrator, a

20  representative from a victim's assistance organization, and

21  one at-large member.

22         (a)  The Secretary of Corrections, or the secretary's

23  designee, shall serve as compact administrator and chairperson

24  of the State Council for Interstate Adult Offender

25  Supervision. If the Secretary of Corrections elects to appoint

26  a designee, the designee shall be:

27         1.  The Deputy Secretary of Corrections;

28         2.  The Director of the Office of Community

29  Corrections; or

30

31

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  1         3.  The bureau chief in the Office of Community

  2  Corrections that has operational authority over the Interstate

  3  Compact Bureau.

  4         (b)  The Governor shall appoint the remaining members

  5  of the State Council.

  6         (c)  The term of office of a member is 4 years.

  7         (d)  The State Council shall meet at least twice a

  8  year.

  9         (e)  The State Council may advise the Compact

10  Administrator on participation in the Interstate Commission

11  activities and administration of the compact.

12         (3)  Members of the council are entitled to

13  reimbursement for travel and expenses related to the

14  Interstate Commission as provided by state law.

15         (4)  The State Council shall exercise oversight and

16  advocacy concerning its participation in Interstate Commission

17  activities and other duties as determined by each member

18  state, including, but not limited to, development of policy

19  concerning operations and procedures of the compact within

20  that state.

21

22                            ARTICLE V

23                       POWERS AND DUTIES OF

24                    THE INTERSTATE COMMISSION

25         (1)  The Interstate Commission may:

26         (a)  Adopt a seal and suitable by-laws governing the

27  management and operation of the Interstate Commission.

28         (b)  Adopt rules that shall have the force and effect

29  of statutory law and shall be binding in the compacting states

30  to the extent and in the manner provided in this compact.

31

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  1         (c)  Oversee, supervise, and coordinate the interstate

  2  movement of offenders subject to the terms of this compact and

  3  any by-laws and rules adopted by the Interstate Commission.

  4         (d)  Enforce compliance with compact provisions,

  5  Interstate Commission rules, and by-laws using all necessary

  6  and proper means, including, but not limited to, the use of

  7  the judicial process.

  8         (e)  Establish and maintain offices.

  9         (f)  Purchase and maintain insurance and bonds.

10         (g)  Borrow, accept, or contract for services of

11  personnel, including, but not limited to, members and their

12  staffs.

13         (h)  Establish and appoint committees and hire staff

14  that it deems necessary for the carrying out of its functions,

15  including, but not limited to, an executive committee as

16  required by article III, which shall have the power to act on

17  behalf of the Interstate Commission in carrying out its powers

18  and duties under this compact.

19         (i)  Elect or appoint such officers, attorneys,

20  employees, agents, or consultants as the commission considers

21  necessary, and to fix their compensation, define their duties,

22  and determine their qualifications, and to establish the

23  commission's personnel policies and programs relating to,

24  among other things, conflicts of interest, rates of

25  compensation, and qualifications of personnel.

26         (j)  Accept any and all donations and grants of money,

27  equipment, supplies, materials, and services, and receive,

28  use, and dispose of the same.

29         (k)  Lease, purchase, accept contributions or donations

30  of, or otherwise own, hold, improve, or use, any property,

31  real, personal, or mixed.

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  1         (l)  Sell, convey, mortgage, pledge, lease, exchange,

  2  abandon, or otherwise dispose of any property, real, personal,

  3  or mixed.

  4         (m)  Establish a budget and make expenditures and levy

  5  dues as provided in article X of this compact.

  6         (n)  Sue and be sued.

  7         (o)  Provide for dispute resolution among compacting

  8  states.

  9         (p)  Perform functions necessary or appropriate to

10  achieve the purposes of this compact.

11         (q)  Report annually to the legislatures, governors,

12  judiciary, and state councils of the compacting states

13  concerning the activities of the commission during the

14  preceding year. Such reports must also include any

15  recommendations that may have been adopted by the commission.

16         (r)  Coordinate education, training, and public

17  awareness regarding the interstate movement of offenders for

18  officials involved in such activity.

19         (s)  Establish uniform standards for reporting,

20  collecting, and exchanging data.

21

22                            ARTICLE VI

23                    ORGANIZATION AND OPERATION

24                   OF THE INTERSTATE COMMISSION

25         (1)  BY-LAWS.--The Interstate Commission, by a majority

26  of the members, within 1 year after the first commission

27  meeting, shall adopt by-laws to govern its conduct as

28  necessary or appropriate to carry out the purposes of the

29  compact, including, but not limited to:

30         (a)  Establishing the fiscal year of the commission.

31

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  1         (b)  Establishing an executive committee and other

  2  committees as necessary and providing reasonable standards and

  3  procedures:

  4         1.  For the establishment of committees; and

  5         2.  Governing any general or specific delegation of any

  6  authority or function of the commission.

  7         (c)  Providing reasonable procedures for calling and

  8  conducting meetings of the commission and for ensuring

  9  reasonable notice of each meeting.

10         (d)  Establishing the titles and responsibilities of

11  the officers of the commission.

12         (e)  Providing reasonable standards and procedures for

13  the establishment of the personnel policies and programs of

14  the commission. Notwithstanding any civil service or other

15  similar laws of any compacting state, the by-laws shall

16  exclusively govern the personnel policies and programs of the

17  commission.

18         (f)  Providing a mechanism for concluding the

19  operations of the commission and the equitable return of any

20  surplus funds that may exist upon the termination of the

21  compact after the payment or reserving of all of its debts and

22  obligations.

23         (g)  Providing transition rules for the implementation

24  of the compact.

25         (h)  Establishing standards and procedures for

26  compliance and technical assistance in carrying out the

27  compact.

28         (2)  OFFICERS AND STAFF.--

29         (a)  The Interstate Commission, by a majority of the

30  members, shall elect from among its members a chairperson and

31  a vice chairperson, each of whom shall have the authorities

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  1  and duties specified in the by-laws. The chairperson or, in

  2  his or her absence or disability, the vice chairperson, shall

  3  preside at all meetings of the commission. The officers so

  4  elected shall serve without compensation or remuneration from

  5  the commission. However, subject to the availability of

  6  budgeted funds, the officers shall be reimbursed for any

  7  actual and necessary costs and expenses incurred by them in

  8  the performance of their duties and responsibilities as

  9  officers of the commission.

10         (b)  The commission, through its executive committee,

11  shall appoint or retain an executive director for such period,

12  upon such terms and conditions, and for such compensation as

13  the commission deems appropriate. The executive director shall

14  serve as secretary to the commission and hire and supervise

15  other staff as authorized by the commission, but may not be a

16  member.

17         (3)  CORPORATE RECORDS OF THE INTERSTATE

18  COMMISSION.--The Interstate Commission shall maintain its

19  corporate books and records in accordance with the by-laws.

20         (4)  QUALIFIED IMMUNITY, DEFENSE, AND

21  INDEMNIFICATION.--

22         (a)  The members, officers, executive director, and

23  employees of the Interstate Commission shall be immune from

24  suit and liability, either personally or in their official

25  capacity, for any claim for damage to or loss of property or

26  personal injury or other civil liability caused or arising out

27  of any actual or alleged act, error, or omission that occurred

28  within the scope of commission employment, duties, or

29  responsibilities. However, this paragraph does not protect any

30  such person from suit or liability for any damage, loss,

31

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  1  injury, or liability caused by the intentional or willful and

  2  wanton misconduct of any such person.

  3         (b)  The Interstate Commission shall defend the

  4  commissioner of a compacting state, or his or her

  5  representatives or employees, or the commission's

  6  representatives or employees in any civil action seeking to

  7  impose liability arising out of any actual or alleged act,

  8  error, or omission that occurred within the scope of

  9  Interstate Commission employment, duties, or responsibilities

10  or that the defendant had a reasonable basis for believing

11  occurred within the scope of Interstate Commission employment,

12  duties, or responsibilities, if the actual or alleged act,

13  error, or omission did not result from intentional wrongdoing

14  on the part of such person.

15         (c)  The Interstate Commission shall indemnify and hold

16  the commissioner of a compacting state, his or her appointed

17  designee or employees, or the Interstate Commission's

18  representatives harmless in the amount of any settlement or

19  judgment obtained against such persons arising out of any

20  actual or alleged act, error, or omission that occurred within

21  the scope of Interstate Commission employment, duties, or

22  responsibilities or that such persons had a reasonable basis

23  for believing occurred within the scope of Interstate

24  Commission employment, duties, or responsibilities, if the

25  actual or alleged act, error, or omission did not result from

26  gross negligence or intentional wrongdoing on the part of such

27  person.

28

29                           ARTICLE VII

30             ACTIVITIES OF THE INTERSTATE COMMISSION

31

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  1         (1)  The Interstate Commission shall meet and take such

  2  actions as are consistent with this compact.

  3         (2)  Except as otherwise provided in this compact and

  4  unless a greater percentage is required by the by-laws, in

  5  order to constitute an act of the Interstate Commission, such

  6  act must be taken at a meeting of the commission and must

  7  receive an affirmative vote of a majority of the members

  8  present.

  9         (3)  Each member of the commission may cast a vote to

10  which that compacting state is entitled and may participate in

11  the business and affairs of the commission. A member shall

12  vote in person on behalf of the state and may not delegate a

13  vote to another member state. However, a state council shall

14  appoint another authorized representative, in the absence of

15  the commissioner from that state, to cast a vote on behalf of

16  the member state at a specified meeting. The by-laws may

17  provide for members' participation in meetings by telephone or

18  other means of telecommunication or electronic communication.

19  Any voting conducted by telephone or other means of

20  telecommunication or electronic communication is subject to

21  the same quorum requirements as meetings where members are

22  present in person.

23         (4)  The Interstate Commission shall meet at least once

24  during each calendar year. The chairperson of the commission

25  may call additional meetings at any time and, upon the request

26  of a majority of the members, shall call additional meetings.

27         (5)  The Interstate Commission's by-laws shall

28  establish conditions and procedures under which the commission

29  shall make its information and official records available to

30  the public for inspection or copying. The commission may

31  exempt from disclosure any information or official records to

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  1  the extent that they would adversely affect personal privacy

  2  rights or proprietary interests. In adopting such rules, the

  3  Interstate Commission may make available to law enforcement

  4  agencies records and information otherwise exempt from

  5  disclosure and may enter into agreements with law enforcement

  6  agencies to receive or exchange information or records subject

  7  to nondisclosure and confidentiality provisions.

  8         (6)  Public notice shall be given of all meetings and

  9  all meetings shall be open to the public, except as set forth

10  in the rules or as otherwise provided in the compact. The

11  Interstate Commission shall adopt rules consistent with the

12  principles contained in the "Government in Sunshine Act," 5

13  U.S.C. s. 552(b), as amended.

14         (a)  The Interstate Commission shall keep minutes that

15  fully and clearly describe all matters discussed in any

16  meeting and provide a full and accurate summary of any actions

17  taken and the reasons therefor, including a description of

18  each of the views expressed on any item and the record of any

19  roll call vote, reflecting the vote of each member on the

20  question. All documents considered in connection with any

21  action must be identified in the minutes.

22         (b)  The Interstate Commission shall collect

23  standardized data concerning the interstate movement of

24  offenders as directed through its by-laws and rules, which

25  shall specify the data to be collected, the means of

26  collection, and data exchange and reporting requirements.

27

28                           ARTICLE VIII

29                     RULEMAKING FUNCTIONS OF

30                    THE INTERSTATE COMMISSION

31

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  1         (1)  The Interstate Commission shall adopt rules in

  2  order to effectively and efficiently achieve the purposes of

  3  the compact, including transition rules governing

  4  administration of the compact during the period in which it is

  5  being considered and enacted by the states.

  6         (2)  Rulemaking shall occur pursuant to the criteria

  7  set forth in this article and the by-laws and rules adopted

  8  pursuant thereto. Such rulemaking shall substantially conform

  9  to the principles of the federal "Administrative Procedure

10  Act," 5 U.S.C.S. s. 551 et seq., and the federal "Advisory

11  Committee Act," 5 U.S.C.S. App. 2, s. 1 et seq., as amended.

12  All rules and amendments take effect on the date specified in

13  each rule or amendment.

14         (3)  If a majority of the legislatures of the

15  compacting states rejects a rule by enactment of a statute or

16  resolution in the same manner used to adopt the compact, such

17  rule shall have no further force and effect in any compacting

18  state.

19         (4)  When adopting a rule, the Interstate Commission

20  shall:

21         (a)  Publish the proposed rule stating with

22  particularity the text of the rule that is proposed and the

23  reason for the proposed rule;

24         (b)  Allow persons to submit written data, facts,

25  opinions, and arguments, which information must be publicly

26  available;

27         (c)  Provide an opportunity for an informal hearing;

28  and

29         (d)  Adopt a final rule and its effective date, if

30  appropriate, based on the rulemaking record. Not later than 60

31  days after a rule is adopted, any interested person may file a

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  1  petition in the United States District Court for the District

  2  of Columbia or in the federal district court where the

  3  Interstate Commission's principal office is located for

  4  judicial review of such rule. If the court finds that the

  5  Interstate Commission's action is not supported by substantial

  6  evidence, as defined in the federal Administrative Procedure

  7  Act, in the rulemaking record, the court shall hold the rule

  8  unlawful and set it aside. Subjects to be addressed within 12

  9  months after the first meeting must, at a minimum, include:

10         1.  Notice to victims and opportunity to be heard;

11         2.  Offender registration and compliance;

12         3.  Violations and returns;

13         4.  Transfer procedures and forms;

14         5.  Eligibility for transfer;

15         6.  Collection of restitution and fees from offenders;

16         7.  Data collection and reporting;

17         8.  The level of supervision to be provided by the

18  receiving state;

19         9.  Transition rules governing the operation of the

20  compact and the Interstate Commission during all or part of

21  the period between the effective date of the compact and the

22  date on which the last eligible state adopts the compact; and

23         10.  Mediation, arbitration, and dispute resolution.

24         (5)  The existing rules governing the operation of the

25  previous compact superseded by this act shall be null and void

26  12 months after the first meeting of the Interstate Commission

27  created under this compact.

28         (6)  Upon determination by the Interstate Commission

29  that an emergency exists, it may adopt an emergency rule that

30  takes effect immediately upon adoption. However, the usual

31  rulemaking procedures provided under this compact must be

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  1  retroactively applied to the rule as soon as reasonably

  2  possible, but not later than 90 days after the effective date

  3  of the rule.

  4

  5                            ARTICLE IX

  6                   OVERSIGHT, ENFORCEMENT, AND

  7                    DISPUTE RESOLUTION BY THE

  8                      INTERSTATE COMMISSION

  9         (1)  OVERSIGHT.--

10         (a)  The Interstate Commission shall oversee the

11  interstate movement of adult offenders in the compacting

12  states and shall monitor activities being administered in

13  noncompacting states which may significantly affect compacting

14  states.

15         (b)  The courts and executive agencies in each

16  compacting state shall enforce this compact and shall take all

17  actions necessary and appropriate to effectuate the compact's

18  purposes and intent. In any judicial or administrative

19  proceeding in a compacting state pertaining to the subject

20  matter of this compact which may affect the powers,

21  responsibilities, or actions of the Interstate Commission, the

22  commission is entitled to receive all service of process in

23  any such proceeding and has standing to intervene in the

24  proceeding for all purposes.

25         (2)  DISPUTE RESOLUTION.--

26         (a)  The compacting states shall report to the

27  Interstate Commission on issues or activities of concern to

28  them and cooperate with and support the commission in the

29  discharge of its duties and responsibilities.

30         (b)  The Interstate Commission shall attempt to resolve

31  any disputes or other issues that are subject to the compact

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  1  and that arise among compacting states and noncompacting

  2  states.

  3         (c)  The Interstate Commission shall enact a by-law or

  4  adopt a rule providing for both mediation and binding dispute

  5  resolution for disputes among the compacting states.

  6         (3)  ENFORCEMENT.--The Interstate Commission, in the

  7  reasonable exercise of its discretion, shall enforce the

  8  provisions of this compact using any or all means set forth in

  9  article XII (2) of this compact.

10

11                            ARTICLE X

12                             FINANCE

13         (1)  The Interstate Commission shall pay or provide for

14  the payment of the reasonable expenses of its establishment,

15  organization, and ongoing activities.

16         (2)  The Interstate Commission shall levy on and

17  collect an annual assessment from each compacting state to

18  cover the cost of the internal operations and activities of

19  the Interstate Commission and its staff, which must be in a

20  total amount sufficient to cover the Interstate Commission's

21  annual budget as approved each year. The aggregate annual

22  assessment amount shall be allocated based upon a formula to

23  be determined by the Interstate Commission, taking into

24  consideration the population of the state and the volume of

25  interstate movement of offenders in each compacting state. The

26  Interstate Commission shall adopt a rule that is binding upon

27  all compacting states and that governs the assessment.

28         (3)  The Interstate Commission may not incur any

29  obligations of any kind prior to securing the funds adequate

30  to meet the obligations, and the Interstate Commission may not

31

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  1  pledge the credit of any of the compacting states except by

  2  and with the authority of the compacting state.

  3         (4)  The Interstate Commission shall keep accurate

  4  accounts of all receipts and disbursements. The receipts and

  5  disbursements of the commission are subject to the audit and

  6  accounting procedures established under its by-laws. However,

  7  all receipts and disbursements of funds handled by the

  8  commission shall be audited yearly by a certified or licensed

  9  public accountant, and the report of the audit must be

10  included in and become part of the annual report of the

11  commission.

12

13                            ARTICLE XI

14                   COMPACTING STATES, EFFECTIVE

15                       DATE, AND AMENDMENT

16         (1)  Any state, as defined in article II of this

17  compact, is eligible to become a compacting state.

18         (2)  The compact shall become effective and binding

19  upon legislative enactment of the compact into law by not less

20  than 35 of the states. The initial effective date shall be the

21  later of July 1, 2001, or upon enactment into law by the 35th

22  jurisdiction. Thereafter, the compact shall become effective

23  and binding as to any other compacting state upon enactment of

24  the compact into law by that state. The governors of nonmember

25  states or their designees will be invited to participate in

26  Interstate Commission activities on a nonvoting basis prior to

27  adoption of the compact by all states and territories of the

28  United States.

29         (3)  Amendments to the compact may be proposed by the

30  Interstate Commission for enactment by the compacting states.

31  An amendment does not become effective and binding upon the

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  1  Interstate Commission or the compacting states unless and

  2  until it is enacted into law by unanimous consent of the

  3  compacting states.

  4

  5                           ARTICLE XII

  6                WITHDRAWAL, DEFAULT, TERMINATION,

  7                     AND JUDICIAL ENFORCEMENT

  8         (1)  WITHDRAWAL.--

  9         (a)  Once effective, the compact shall continue in

10  force and remain binding upon each and every compacting state.

11  However, a compacting state may withdraw from the compact by

12  enacting a law specifically repealing the statute that enacted

13  the compact into law.

14         (b)  The effective date of withdrawal is the effective

15  date of the repeal.

16         (c)  The withdrawing state shall immediately notify the

17  chairperson of the Interstate Commission in writing upon the

18  introduction of legislation repealing this compact in the

19  withdrawing state. The Interstate Commission shall notify the

20  other compacting states of the withdrawing state's intent to

21  withdraw within 60 days after its receipt of the notice.

22         (d)  The withdrawing state is responsible for all

23  assessments, obligations, and liabilities incurred by it

24  through the effective date of withdrawal, including any

25  obligations the performance of which extend beyond the

26  effective date of withdrawal.

27         (e)  Reinstatement following withdrawal of any

28  compacting state shall occur upon the withdrawing state

29  reenacting the compact or upon such later date as determined

30  by the Interstate Commission.

31         (2)  DEFAULT.--

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    Florida Senate - 2001                     CS for CS for SB 306
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  1         (a)  If the Interstate Commission determines that any

  2  compacting state has at any time defaulted in the performance

  3  of any of its obligations or responsibilities under this

  4  compact, the by-laws, or any adopted rules, the commission may

  5  impose any or all of the following penalties:

  6         1.  Fines, fees, or costs in amounts deemed to be

  7  reasonable, as fixed by the Interstate Commission;

  8         2.  Remedial training and technical assistance, as

  9  directed by the Interstate Commission;

10         3.  Suspension and termination of membership in the

11  compact. Suspension shall be imposed only after all other

12  reasonable means of securing compliance under the by-laws and

13  rules have been exhausted. Immediate notice of suspension

14  shall be given by the Interstate Commission to the Governor,

15  the Chief Justice or chief judicial officer of the state, the

16  majority and minority leaders of the defaulting state's

17  legislature, and the state council.

18         (b)  The grounds for default include, but are not

19  limited to, failure of a compacting state to perform the

20  obligations or responsibilities imposed upon it by this

21  compact or by Interstate Commission by-laws or rules. The

22  Interstate Commission shall immediately notify the defaulting

23  state in writing of the penalty imposed by the commission on

24  the defaulting state pending a cure of the default. The

25  commission shall stipulate the conditions and the time period

26  within which the defaulting state must cure its default. If

27  the defaulting state fails to cure the default within the time

28  specified by the commission, in addition to any other

29  penalties imposed the defaulting state may be terminated from

30  the compact upon an affirmative vote of a majority of the

31  compacting states and all rights, privileges, and benefits

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    Florida Senate - 2001                     CS for CS for SB 306
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  1  conferred by this compact shall be terminated from the

  2  effective date of suspension. Within 60 days after the

  3  effective date of termination of a defaulting state, the

  4  Interstate Commission must notify the Governor, the Chief

  5  Justice or chief judicial officer, the majority and minority

  6  leaders of the defaulting state's legislature, and the state

  7  council of such termination.

  8         (c)  The defaulting state is responsible for all

  9  assessments, obligations, and liabilities incurred through the

10  effective date of termination, including any obligations the

11  performance of which extends beyond the effective date of

12  termination.

13         (d)  The Interstate Commission may not bear any costs

14  relating to the defaulting state unless otherwise mutually

15  agreed upon between the Interstate Commission and the

16  defaulting state. Reinstatement following termination of any

17  compacting state requires a reenactment of the compact by the

18  defaulting state and the approval of the Interstate Commission

19  pursuant to the rules.

20         (3)  JUDICIAL ENFORCEMENT.--The Interstate Commission,

21  by majority vote of the members, may initiate legal action in

22  the United States District Court for the District of Columbia

23  or, at the discretion of the Interstate Commission, in the

24  federal district where the Interstate Commission has its

25  offices to enforce compliance with the provisions of the

26  compact for the commission's adopted rules and by-laws against

27  any compacting state in default. If judicial enforcement is

28  necessary, the prevailing party shall be awarded all costs of

29  such litigation, including reasonable attorney's fees.

30         (4)  DISSOLUTION OF COMPACT.--

31

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    Florida Senate - 2001                     CS for CS for SB 306
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  1         (a)  The compact dissolves on the date of the

  2  withdrawal or default of the compacting state which reduces

  3  membership in the compact to one compacting state.

  4         (b)  Upon the dissolution of this compact, the compact

  5  becomes null and void and shall have no further force or

  6  effect, and the business and affairs of the Interstate

  7  Commission shall be concluded and any surplus funds shall be

  8  distributed in accordance with the by-laws.

  9

10                           ARTICLE XIII

11                  SEVERABILITY AND CONSTRUCTION

12         (1)  The provisions of this compact are severable, and

13  if any phrase, clause, sentence, or provision is deemed

14  unenforceable, the remaining provisions of the compact are

15  enforceable.

16         (2)  The provisions of this compact shall be liberally

17  construed to carry out its purposes.

18

19                           ARTICLE XIV

20                        BINDING EFFECT OF

21                      COMPACT AND OTHER LAWS

22         (1)  OTHER LAWS.--

23         (a)  Nothing in this compact prevents the enforcement

24  of any other law of a compacting state which is not

25  inconsistent with this compact.

26         (b)  Any law of a compacting state which conflicts with

27  this compact is superseded to the extent of the conflict.

28         (2)  BINDING EFFECT OF THE COMPACT.--

29         (a)  All lawful actions of the Interstate Commission,

30  including all rules and by-laws adopted by the Interstate

31  Commission, are binding upon the compacting states.

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    Florida Senate - 2001                     CS for CS for SB 306
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  1         (b)  All agreements between the Interstate Commission

  2  and the compacting states are binding in accordance with the

  3  terms of the agreements.

  4         (c)  Upon the request of a party to a conflict over

  5  meaning or interpretation of Interstate Commission actions,

  6  and upon a majority vote of the compacting states, the

  7  Interstate Commission may issue advisory opinions regarding

  8  such meaning or interpretation.

  9         (d)  If any provision of this compact exceeds the

10  constitutional limits imposed on the legislature of any

11  compacting state, the obligations, duties, powers, or

12  jurisdiction sought to be conferred by such provision upon the

13  Interstate Commission shall be ineffective, and such

14  obligations, duties, powers, or jurisdiction shall remain in

15  the compacting state and shall be exercised by the agency

16  thereof to which such obligations, duties, powers, or

17  jurisdiction are delegated by law in effect at the time this

18  compact becomes effective.

19         Section 9.  Section 949.071, Florida Statutes, is

20  amended to read:

21         949.071  Definition of "state" as used in s. 949.07;

22  further declaration relating to interstate compacts.--

23         (1)  It is hereby declared that The term "state," as

24  used in s. 949.07, relating to and authorizing and directing

25  the Governor to enter into an interstate compact in behalf of

26  Florida with any state of the United States for out-of-state

27  supervision of probationers and parolees, and prescribing the

28  form to be substantially used for any such compact, means any

29  one of the several states, and the Commonwealth of Puerto

30  Rico, the Virgin Islands, and the District of Columbia, and

31  any other territorial possession of the United States.

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    Florida Senate - 2001                     CS for CS for SB 306
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  1         (2)  It is hereby recognized and further declared that

  2  pursuant to the consent and authorization contained in s.

  3  111(b) of Title 4 of the United States Code as added by Pub.

  4  L. No. 970-84th Congress, Ch. 941-2d Session, this state shall

  5  be a party to the said Interstate Compact for Adult Offender

  6  the Supervision, of parolees and probationers with any

  7  additional jurisdiction legally joining in the compact therein

  8  when such jurisdiction enacts the shall have enacted said

  9  compact in accordance with the terms thereof.

10         Section 10.  Section 949.072, Florida Statutes, is

11  created to read:

12         949.072  State Council for Interstate Adult Offender

13  Supervision.--

14         (1)  The Secretary of Corrections, or the secretary's

15  designee, shall serve as the compact administrator for the

16  state and as the state's commissioner to the Interstate

17  Commission for Adult Offender Supervision.

18         (2)  The State Council for Interstate Adult Offender

19  Supervision is established and shall consist of seven members.

20  The Secretary of Corrections, or the secretary's designee,

21  shall serve as chairperson of the state council. The Governor

22  shall appoint the remaining members of the state council,

23  which must include a representative of a victim's assistance

24  organization.

25         (a)  Each member shall be appointed to a 4-year term of

26  office. In order to achieve staggered terms, of those members

27  first appointed, three members shall be appointed for terms of

28  2 years each, and three members shall be appointed for terms

29  of 4 years each.

30         (b)  The state council shall meet at least twice a

31  year.

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    Florida Senate - 2001                     CS for CS for SB 306
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  1         (c)  The members of the state council shall serve

  2  without compensation, but are entitled to reimbursement for

  3  travel and per diem expenses in accordance with s. 112.061.

  4         Section 11.  Section 949.08, Florida Statutes, is

  5  amended to read:

  6         949.08  Department of Corrections to enact rules and

  7  regulations relating to compacts; limitation on assessments.--

  8         (1)  The Department of Corrections may adopt shall have

  9  power and shall be charged with the duty of promulgating such

10  rules and expend regulations and the expenditures of funds as

11  may be deemed necessary to carry out the terms, conditions,

12  and intents of a compact entered into by the state pursuant to

13  s. 949.07.

14         (2)  Notwithstanding subsection (2) of article X of s.

15  949.07, the state shall reduce the amount paid as the state's

16  assessment under the compact entered into under s. 949.07 so

17  that the total collected from the annual assessment does not

18  exceed the amount appropriated for the assessment by the

19  Legislature for any single fiscal year.

20         Section 12.  Section 949.09, Florida Statutes, is

21  amended to read:

22         949.09  Short title: ss. 949.07-949.08.--Sections

23  949.07-949.08 may be cited shall be known as the "Interstate

24  Compact for Adult Offender Uniform Law for Out-of-state

25  Probation and Parole Supervision."

26         Section 13.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                     CS for CS for SB 306
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 306

  3

  4  Requires the Department of Corrections, rather than the Parole
    Commission or the Control Release Authority, to notify
  5  victims.

  6  Amends numerous victim notification statutes to provide that
    if a victim must be notified, that notification extends to:
  7  the victim's parent or guardian if the victim is a minor; the
    victim's next of kin in a homicide case; and the lawful
  8  representative of the victim or the victim's parent or
    guardian if the victim is a minor.
  9
    Prohibits a medical provider from billing a sexual offense
10  victim's parent or guardian for the victim's initial forensic
    physical examination.
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