HB 1985

1	A bill to be entitled
2	An act relating to an interstate compact for juveniles;
3	amending s. 985.502, F.S.; providing authority for the
4	execution of an interstate compact for juveniles; providing
5	a purpose for such compact; providing definitions;
6	providing for the Interstate Commission for Juveniles;
7	providing that the commission is a body corporate and a
8	joint agency of the compacting states; providing duties,
9	powers, and responsibilities of the commission; providing
10	for membership of the commission; providing for appointment
11	of commissioners; providing for ex officio members of the
12	commission; providing procedures for establishing a quorum
13	and for voting; providing for meetings; providing for open
14	commission meetings and records subject to certain
15	limitations; providing for procedures in the event that a
16	commission meeting is closed; providing for the collection
17	of standardized data; providing for reports; providing the
18	commission with rulemaking authority; providing limitations
19	on rulemaking authority; providing for emergency
20	rulemaking; providing for the organization and operation of
21	the commission; providing for an executive committee;
22	providing for the election of a chairperson; providing
23	qualified immunity and indemnity in certain circumstances;
24	providing for oversight, enforcement, and dispute
25	resolution by the commission; authorizing the commission to
26	take disciplinary action, including suspension or
27	termination, in certain circumstances; specifying financial
28	practices for the commission; providing for State Councils
29	for Interstate Juvenile Supervision; specifying membership
30	of such council; specifying responsibilities of such
31	council; providing eligibility for becoming a compacting
32	state; providing circumstances under which the compact may
33	be amended; providing for the withdrawal, default, or
34	termination of a compacting state; specifying grounds for
35	default; providing for judicial review of commission
36	actions related to withdrawal, default, or termination;
37	providing for notice of such actions; providing for
38	reinstatement; providing for the assessment of fees and
39	costs in certain circumstances; providing for dissolution
40	of the compact; providing for liberal construction;
41	providing for severability; providing that the actions of
42	the commission are binding upon compacting states;
43	providing for the issuance of advisory opinions by the
44	commission; limiting scope of the compact to provisions of
45	state law; repealing ss. 985.501, 985.503, 985.504,
46	985.505, 985.506, and 985.507, F.S., relating to the
47	Interstate Compact on Juveniles, the implementing
48	legislation of such compact, legislative findings and
49	policy, the juvenile compact administrator, supplementary
50	agreements to such compact, financial arrangements for such
51	compact and supplementary agreements, the responsibilities
52	of state departments, agencies and officers with regard to
53	such compact, and authority for procedures in addition to
54	such compact, respectively; providing applicability;
55	providing an effective date.
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  Section 985.502, Florida Statutes, is amended
60	to read:
61	(Substantial rewording of section. See
62	s.985.502, F.S., for present text.)
63	985.502  Execution of interstate compact for
64	juveniles.--The Governor is hereby authorized and directed to
65	The Governor is hereby authorized and directed to execute a
66	compact on behalf of this state with any other state or states
67	legally joining therein in the form substantially as follows. No
68	provision of this compact will interfere with this state's
69	authority to determine policy regarding juvenile offenders and
70	nonoffenders within this state.
71
72	THE INTERSTATE COMPACT FOR JUVENILES
73
74	ARTICLE I
75
76	PURPOSE.--The compacting states to this interstate compact
77	recognize that each state is responsible for the proper
78	supervision or return of juveniles, delinquents, and status
79	offenders who are on probation or parole and who have absconded,
80	escaped, or run away from supervision and control and in so
81	doing have endangered their own safety and the safety of others.
82	The compacting states also recognize that each state is
83	responsible for the safe return of juveniles who have run away
84	from home and in doing so have left their state of residence.
85	The compacting states also recognize that the United States
86	Congress, by enacting the Crime Control Act, 4 U.S.C. s. 112,
87	has authorized and encouraged compacts for cooperative efforts
88	and mutual assistance in the prevention of crime. It is the
89	purpose of this compact, through means of joint and cooperative
90	action among the compacting states to:
91	(1)  Ensure that the adjudicated juveniles and status
92	offenders subject to this compact are provided adequate
93	supervision and services in the receiving state as ordered by
94	the adjudicating judge or parole authority in the sending state.
95	(2)  Ensure that the public safety interests of the
96	citizens, including the victims of juvenile offenders, in both
97	the sending and receiving states are adequately protected.
98	(3)  Return juveniles who have run away, absconded, or
99	escaped from supervision or control or have been accused of an
100	offense to the state requesting their return.
101	(4)  Enter into contracts for the cooperative
102	institutionalization in public facilities in member states for
103	delinquent youth needing special services.
104	(5)  Provide for the effective tracking and supervision of
105	juveniles.
106	(6)  Equitably allocate the costs, benefits, and
107	obligations of the compacting states.
108	(7)  Establish procedures to manage the movement between
109	states of juvenile offenders released to the community under the
110	jurisdiction of courts, juvenile departments, or any other
111	criminal or juvenile justice agency which has jurisdiction over
112	juvenile offenders.
113	(8)  Ensure immediate notice to jurisdictions where defined
114	offenders are authorized to travel or to relocate across state
115	lines.
116	(9)  Establish procedures to resolve pending charges or
117	detainers against juvenile offenders prior to transfer or
118	release to the community under the terms of this compact.
119	(10)  Establish a system of uniform data collection on
120	information pertaining to juveniles subject to this compact that
121	allows access by authorized juvenile justice and criminal
122	justice officials, and regular reporting of compact activities
123	to heads of state executive, judicial, and legislative branches
124	and juvenile and criminal justice administrators.
125	(11)  Monitor compliance with rules governing interstate
126	movement of juveniles and initiate interventions to address and
127	correct noncompliance.
128	(12)  Coordinate training and education regarding the
129	regulation of interstate movement of juveniles for officials
130	involved in such activity.
131	(13)  Coordinate the implementation and operation of the
132	compact with the Interstate Compact for the Placement of
133	Children, the Interstate Compact for Adult Offender Supervision,
134	and other compacts affecting juveniles particularly in those
135	cases where concurrent or overlapping supervision issues arise.
136
137	It is the policy of the compacting states that the activities
138	conducted by the Interstate Commission created herein are the
139	formation of public policies and therefore are public business.
140	Furthermore, the compacting states shall cooperate and observe
141	their individual and collective duties and responsibilities for
142	the prompt return and acceptance of juveniles subject to the
143	provisions of the compact. The provisions of the compact shall
144	be reasonably and liberally construed to accomplish the purposes
145	and policies of the compact.
146
147	ARTICLE II
148
149	DEFINITIONS.--As used in this compact, unless the context
150	clearly requires a different construction, the term:
151	(1)  "Accused delinquent" means a child who is charged with
152	an offense that would be a criminal offense if committed by an
153	adult.
154	(2)  "Accused status offender" means a child who is charged
155	with an offense that would not be a criminal offense if
156	committed by an adult.
157	(3)  "Adjudicated delinquent" means child who is found to
158	have committed an offense that would be a criminal offense if
159	committed by an adult.
160	(4)  "Bylaws" means those bylaws established by the
161	Interstate Commission for its governance, or for directing, or
162	controlling its actions or conduct
163	(5)  "Compact administrator" means the individual in each
164	compacting state appointed pursuant to the terms of this
165	compact, responsible for the administration and management of
166	the state's supervision and transfer of juveniles subject to the
167	terms of this compact, the rules adopted by the Interstate
168	Commission and policies adopted by the state council under this
169	compact.
170	(6)  "Compacting state" means any state which has enacted
171	the enabling legislation for this compact.
172	(7)  "Commissioner" means the voting representative of each
173	compacting state appointed pursuant to Article III of this
174	compact.
175	(8)  "Court" means any court having jurisdiction over
176	delinquent, neglected, or dependent children.
177	(9)  "Deputy compact administrator" means the individual,
178	if any, in each compacting state who is appointed to act on
179	behalf of a compact administrator pursuant to the terms of the
180	compact and is responsible for the administration and management
181	of the state's supervision and transfer of juveniles subject to
182	the terms of this compact, the rules adopted by the Interstate
183	Commission, and policies adopted by the state council under this
184	compact.
185	(10)  "Interstate Commission" or "commission" means the
186	Interstate Commission for Juveniles created by Article III of
187	this compact.
188	(11)  "Juvenile" means any person defined as a juvenile in
189	any member state or by the rules of the Interstate Commission,
190	including any accused delinquent, accused status offender,
191	adjudicated delinquent, adjudicated status offender, or
192	nonoffender.
193	(12)  "Noncompacting state" means any state which has not
194	enacted the enabling legislation for this compact.
195	(13)  "Nonoffender" means a child who is in need of
196	supervision but who has not been accused or adjudicated as a
197	delinquent or status offender.
198	(14)  "Probation or parole" means any form of supervision
199	or conditional release of juveniles authorized under the laws of
200	the compacting states.
201	(15)  "Rule" means a written statement by the Interstate
202	Commission promulgated pursuant to Article VI of this compact
203	that is of general applicability, implements, interprets, or
204	prescribes a policy or provision of the compact or an
205	organizational, procedural, or practice requirement of the
206	Interstate Commission, and has the force and effect of statutory
207	law in a compacting state, and includes the amendment, repeal,
208	or suspension of an existing rule.
209	(16)  "State" means a state of the United States, the
210	District of Columbia or its designee, the Commonwealth of Puerto
211	Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
212	Northern Marianas Islands.
213
214	ARTICLE III
215
216	INTERSTATE COMMISSION FOR JUVENILES.--
217	(1)  The compacting states hereby create the Interstate
218	Commission for Juveniles. The commission shall be a body
219	corporate and a joint agency of the compacting states. The
220	commission shall have all the responsibilities, powers, and
221	duties set forth herein, and such additional powers as may be
222	conferred upon it by subsequent action of the respective
223	legislatures of the compacting states in accordance with the
224	terms of this compact.
225	(2)  The Interstate Commission shall consist of
226	commissioners appointed by the appropriate appointing authority
227	in each state pursuant to the rules and requirements of each
228	compacting state and in consultation with the State Council for
229	Interstate Juvenile Supervision created hereunder. The
230	commissioner shall be the compact administrator, deputy compact
231	administrator, or designee from each state who shall serve on
232	the Interstate Commission in such capacity under or pursuant to
233	the applicable law of the compacting state.
234	(3)  In addition to the commissioners who are the voting
235	representatives of each state, the Interstate Commission shall
236	include individuals who are not commissioners, but who are
237	members of interested organizations. Such noncommissioner
238	members may include members of the national organization of
239	governors, legislatures, state chief justices, attorneys
240	general, Interstate Compact for Adult Offender Supervision,
241	Interstate Compact for the Placement of Children, juvenile
242	justice and juvenile corrections officials, and crime victims.
243	All noncommissioner members of the Interstate Commission shall
244	be ex officio members. The Interstate Commission may provide in
245	its bylaws for such additional ex officio members, including
246	members of other national organizations, in such numbers as
247	shall be determined by the commission.
248	(4)  Each compacting state represented at any meeting of
249	the commission is entitled to one vote. A majority of the
250	compacting states shall constitute a quorum for the transaction
251	of business, unless a larger quorum is required by the bylaws of
252	the Interstate Commission.
253	(5)  The commission shall meet at least once each calendar
254	year. The chairperson may call additional meetings and, upon the
255	request of a simple majority of the compacting states, shall
256	call additional meetings. Public notice shall be given of all
257	meetings, and meetings shall be open to the public.
258	(6)  The Interstate Commission shall establish an executive
259	committee, which shall include commission officers, members, and
260	others as determined by the bylaws. The executive committee
261	shall have the power to act on behalf of the Interstate
262	Commission during periods when the Interstate Commission is not
263	in session, with the exception of rulemaking or amending the
264	compact. The executive committee shall oversee the day-to-day
265	activities of the administration of the compact managed by an
266	executive director and Interstate Commission staff; administer
267	enforcement and compliance with the provision of the compact,
268	its bylaws and rules, and perform such other duties as directed
269	by the Interstate Commission or set forth in the bylaws.
270	(7)  Each member of the Interstate Commission shall have
271	the right and power to cast a vote to which that compacting
272	state is entitled and to participate in the business and affairs
273	of the Interstate Commission. A member shall vote in person and
274	shall not delegate a vote to another compacting state. However,
275	a commissioner, in consultation with the state council, shall
276	appoint another authorized representative, in the absence of the
277	commissioner from that state, to cast a vote on behalf of the
278	compacting state at a specified meeting. The bylaws may provide
279	for members' participation in meetings by telephone or other
280	means of telecommunication or electronic communication.
281	(8)  The Interstate Commission's bylaws shall establish
282	conditions and procedures under which the Interstate Commission
283	shall make its information and official records available to the
284	public for inspection or copying. The Interstate Commission may
285	exempt from disclosure any information or official records to
286	the extent they would adversely affect personal privacy rights
287	or proprietary interests, consistent with the laws of the
288	compacting state.
289	(9)  Public notice shall be given of all meetings and all
290	meetings shall be open to the public, except as set forth in the
291	Rules or as otherwise provided in the Compact. The Interstate
292	Commission and any of its committees may close a meeting to the
293	public, consistent with the laws of the compacting state, where
294	it determines by two-thirds vote that an open meeting would be
295	likely to:
296	(a)  Relate solely to the Interstate Commission's internal
297	personnel practices and procedures.
298	(b)  Disclose matters specifically exempted from disclosure
299	by statute.
300	(c)  Disclose trade secrets or commercial or financial
301	information which is privileged or confidential.
302	(d)  Involve accusing any person of a crime, or formally
303	censuring any person.
304	(e)  Disclose information of a personal nature where
305	disclosure would constitute a clearly unwarranted invasion of
306	personal privacy.
307	(f)  Disclose investigative records compiled for law
308	enforcement purposes.
309	(g)  Disclose information contained in or related to
310	examination, operating, or condition reports prepared by, or on
311	behalf of or for the use of, the Interstate Commission with
312	respect to a regulated person or entity for the purpose of
313	regulation or supervision of such person or entity.
314	(h)  Disclose information, the premature disclosure of
315	which would significantly endanger the stability of a regulated
316	person or entity.
317	(i)  Specifically relate to the Interstate Commission's

CODING: Words stricken are deletions; words underlined are additions.