Senate Bill sb0274
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Florida Senate - 2005 (Corrected Copy) SB 274
By Senator Crist
12-109D-05
1 A bill to be entitled
2 An act relating to the Interstate Compact for
3 Juveniles; amending s. 985.502, F.S.; revising
4 provisions of the former Interstate Compact on
5 Juveniles; providing purpose of the compact;
6 providing definitions; providing for an
7 Interstate Commission for Juveniles; providing
8 for the appointment of commissioners; providing
9 for an executive committee; providing for
10 meetings; providing powers and duties of the
11 Interstate Commission; providing for its
12 organization and operation; providing for
13 bylaws, officers, and staff; providing for
14 qualified immunity from liability for the
15 commissioners, the executive director, and
16 employees; requiring the Interstate Commission
17 to adopt rules; providing for oversight,
18 enforcement, and dispute resolution by the
19 Interstate Commission; providing for the
20 activities of the Interstate Commission to be
21 financed by an annual assessment from each
22 compacting state; requiring member states to
23 create a State Council for Interstate Juvenile
24 Supervision; providing for the effective date
25 of the compact and amendments thereto;
26 providing for a state's withdrawal from and
27 reinstatement to the compact; providing for
28 assistance, certain penalties, suspension, or
29 termination following default by a state;
30 providing for judicial enforcement; providing
31 for dissolution of the compact; providing for
1
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1 severability and construction of the compact;
2 providing for the effect of the compact with
3 respect to other laws and for its binding
4 effect; creating s. 985.5025, F.S.; creating
5 the State Council for Interstate Juvenile
6 Offender Supervision to oversee state
7 participation in the compact; providing
8 membership; providing for records and open
9 meetings; prescribing procedures if the council
10 is abolished; repealing ss. 985.503, 985.504,
11 985.505, 985.506, and 985.507, F.S., relating
12 to obsolete provisions governing the former
13 compact superseded by the act; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 985.502, Florida Statutes, is
19 amended to read:
20 (Substantial rewording of section. See
21 s. 985.502, F.S., for present text.)
22 985.502 Execution of interstate compact for
23 juveniles.--The Governor is authorized and directed to execute
24 a compact on behalf of this state with any other state or
25 states legally joining thereto in the form substantially as
26 follows. This compact does not interfere with this state's
27 authority to determine policy regarding juvenile offenders and
28 nonoffenders within this state.
29
30 THE INTERSTATE COMPACT FOR JUVENILES
31
2
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1 ARTICLE I
2
3 PURPOSE.--
4 (1) The compacting states to this Interstate Compact
5 recognize that each state is responsible for the proper
6 supervision or return of juveniles, delinquents, and status
7 offenders who are on probation or parole and who have
8 absconded, escaped, or run away from supervision and control
9 and in so doing have endangered their own safety and the
10 safety of others. The compacting states also recognize that
11 each state is responsible for the safe return of juveniles who
12 have run away from home and in doing so have left their state
13 of residence. The compacting states also recognize that
14 Congress, by enacting the Crime Control Act, 4 U.S.C. s. 112
15 (1965), has authorized and encouraged compacts for cooperative
16 efforts and mutual assistance in the prevention of crime.
17 (2) It is the purpose of this compact, through means
18 of joint and cooperative action among the compacting states
19 to: (A) ensure that the adjudicated juveniles and status
20 offenders subject to this compact are provided adequate
21 supervision and services in the receiving state as ordered by
22 the adjudicating judge or parole authority in the sending
23 state; (B) ensure that the public safety interests of the
24 public, including the victims of juvenile offenders, in both
25 the sending and receiving states are adequately protected; (C)
26 return juveniles who have run away, absconded, or escaped from
27 supervision or control or who have been accused of an offense
28 to the state requesting their return; (D) make contracts for
29 the cooperative institutionalization in public facilities in
30 member states for delinquent youth needing special services;
31 (E) provide for the effective tracking and supervision of
3
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1 juveniles; (F) equitably allocate the costs, benefits, and
2 obligations of the compacting states; (G) establish procedures
3 to manage the movement between states of juvenile offenders
4 released to the community under the jurisdiction of courts,
5 juvenile departments, or any other criminal or juvenile
6 justice agency that has jurisdiction over juvenile offenders;
7 (H) ensure immediate notice to jurisdictions where defined
8 offenders are authorized to travel or to relocate across state
9 lines; (I) establish procedures to resolve pending charges
10 (detainers) against juvenile offenders prior to transfer or
11 release to the community under the terms of this compact; (J)
12 establish a system of uniform data collection of information
13 pertaining to juveniles subject to this compact which allows
14 access by authorized juvenile justice and criminal justice
15 officials, and regular reporting of activities under this
16 compact to heads of state executive, judicial, and legislative
17 branches and juvenile and criminal justice administrators; (K)
18 monitor compliance with rules governing interstate movement of
19 juveniles and initiate interventions to address and correct
20 noncompliance; (L) coordinate training and education regarding
21 the regulation of interstate movement of juveniles for
22 officials involved in such activity; and (M) coordinate the
23 implementation and operation of the compact with the
24 Interstate Compact for the Placement of Children, the
25 Interstate Compact for Adult Offender Supervision, and other
26 compacts affecting juveniles particularly in those cases where
27 concurrent or overlapping supervision issues arise. It is the
28 policy of the compacting states that the activities conducted
29 by the Interstate Commission created in this compact are the
30 formation of public policies and therefore are public
31 business. Furthermore, the compacting states shall cooperate
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1 and observe their individual and collective duties and
2 responsibilities for the prompt return and acceptance of
3 juveniles subject to the provisions of the compact. The
4 provisions of the compact shall be reasonably and liberally
5 construed to accomplish the purposes and policies of the
6 compact.
7
8 ARTICLE II
9
10 DEFINITIONS.--As used in this compact, unless the
11 context clearly requires a different construction:
12 (1) "Bylaws" means those bylaws established by the
13 Interstate Commission for its governance or for directing or
14 controlling its actions or conduct.
15 (2) "Compact administrator" means the individual in
16 each compacting state, appointed pursuant to the terms of this
17 compact, who is responsible for the administration and
18 management of the state's supervision and transfer of
19 juveniles subject to the terms of this compact, the rules
20 adopted by the Interstate Commission, and the policies adopted
21 by the state council under this compact.
22 (3) "Compacting state" means any state that has
23 enacted the enabling legislation for this compact.
24 (4) "Commissioner" means the voting representative of
25 each compacting state appointed pursuant to Article III of
26 this compact.
27 (5) "Court" means any court having jurisdiction over
28 delinquent, neglected, or dependent children.
29 (6) "Deputy compact administrator" means the
30 individual, if any, in each compacting state appointed to act
31 on behalf of a compact administrator pursuant to the terms of
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1 the compact who is responsible for the administration and
2 management of the state's supervision and transfer of
3 juveniles subject to the terms of this compact, the rules
4 adopted by the Interstate Commission, and the policies adopted
5 by the state council under this compact.
6 (7) "Interstate Commission" means the Interstate
7 Commission for Juveniles created by Article III of this
8 compact.
9 (8) "Juvenile" means any person defined as a juvenile
10 in any member state or by the rules of the Interstate
11 Commission, including:
12 (a) Accused delinquent - a person charged with an
13 offense that, if committed by an adult, would be a criminal
14 offense;
15 (b) Adjudicated delinquent - a person found to have
16 committed an offense that, if committed by an adult, would be
17 a criminal offense;
18 (c) Accused status offender - a person charged with an
19 offense that would not be a criminal offense if committed by
20 an adult;
21 (d) Adjudicated status offender - a person found to
22 have committed an offense that would not be a criminal offense
23 if committed by an adult; and
24 (e) Nonoffender - a person in need of supervision who
25 has not been accused or adjudicated a status offender or
26 delinquent.
27 (9) "Noncompacting state" means any state that has not
28 enacted the enabling legislation for this compact.
29 (10) "Probation or parole" means any kind of
30 supervision or conditional release of juveniles authorized
31 under the laws of the compacting states.
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1 (11) "Rule" means a written statement by the
2 Interstate Commission adopted pursuant to Article VI of this
3 compact which is of general applicability and implements,
4 interprets, or prescribes a policy or provision of the
5 compact, or an organizational, procedural, or practice
6 requirement of the commission; has the force and effect of
7 statutory law in a compacting state; and includes the
8 amendment, repeal, or suspension of an existing rule.
9 (12) "State" means a state of the United States, the
10 District of Columbia (or its designee), the Commonwealth of
11 Puerto Rico, the United States Virgin Islands, Guam, American
12 Samoa, and the Northern Mariana Islands.
13
14 ARTICLE III
15
16 INTERSTATE COMMISSION FOR JUVENILES.--
17 (1) The compacting states hereby create the
18 "Interstate Commission for Juveniles." The Interstate
19 Commission shall be a body corporate and joint agency of the
20 compacting states. The Interstate Commission shall have all
21 the responsibilities, powers, and duties set forth in this
22 compact, and such additional powers as may be conferred upon
23 it by subsequent action of the respective legislatures of the
24 compacting states in accordance with the terms of this
25 compact.
26 (2) The Interstate Commission shall consist of
27 commissioners appointed by the appropriate appointing
28 authority in each state pursuant to the rules and requirements
29 of each compacting state and in consultation with the State
30 Council for Interstate Juvenile Supervision created hereunder.
31 The commissioner shall be the compact administrator, deputy
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1 compact administrator, or designee from that state who shall
2 serve on the Interstate Commission in such capacity under or
3 pursuant to the applicable law of the compacting state.
4 (3) In addition to the commissioners who are the
5 voting representatives of each state, the Interstate
6 Commission shall include individuals who are not
7 commissioners, but who are members of interested
8 organizations. Such noncommissioner members must include a
9 member of the national organization of governors,
10 legislatures, state chief justices, attorneys general,
11 Interstate Compact for Adult Offender Supervision, Interstate
12 Compact for the Placement of Children, juvenile justice and
13 juvenile corrections officials, and crime victims. All
14 noncommissioner members of the Interstate Commission shall be
15 ex officio, nonvoting members. The Interstate Commission may
16 provide in its bylaws for such additional ex officio,
17 nonvoting members, including members of other national
18 organizations, in such numbers as shall be determined by the
19 Interstate Commission.
20 (4) Each compacting state represented at any meeting
21 of the Interstate Commission is entitled to one vote. A
22 majority of the compacting states shall constitute a quorum
23 for the transaction of business, unless a larger quorum is
24 required by the bylaws of the Interstate Commission.
25 (5) The Interstate Commission shall establish an
26 executive committee, which shall include commission officers,
27 members, and others as determined by the bylaws. The executive
28 committee shall have the power to act on behalf of the
29 Interstate Commission during periods when the Interstate
30 Commission is not in session, with the exception of rulemaking
31 or amendment to the compact. The executive committee shall
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1 oversee the day-to-day activities of the administration of the
2 compact, which shall be managed by an executive director and
3 Interstate Commission staff. The executive committee shall
4 administer enforcement and compliance with the provisions of
5 the compact, its bylaws, and rules, and shall perform other
6 duties as directed by the Interstate Commission or set forth
7 in the bylaws.
8 (6) Each member of the Interstate Commission shall
9 have the right and power to cast a vote to which that
10 compacting state is entitled and to participate in the
11 business and affairs of the Interstate Commission. A member
12 shall vote in person and may not delegate a vote to another
13 compacting state. However, a commissioner, in consultation
14 with the state council, shall appoint another authorized
15 representative, in the absence of the commissioner from that
16 state, to cast a vote on behalf of the compacting state at a
17 specified meeting. The bylaws may provide for members'
18 participation in meetings by telephone or other means of
19 telecommunication or electronic communication.
20 (7) The Interstate Commission shall collect
21 standardized data concerning the interstate movement of
22 juveniles as directed through its rules, which shall specify
23 the data to be collected, the means of collection and data
24 exchange, and reporting requirements. Such methods of data
25 collection, exchange, and reporting shall, insofar as is
26 reasonably possible, conform to up-to-date technology and
27 coordinate its information functions with the appropriate
28 repository of records.
29
30 ARTICLE IV
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1 POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The
2 Interstate Commission shall have the following powers and
3 duties:
4 (1) To provide for dispute resolution among compacting
5 states.
6 (2) To adopt rules to effect the purposes and
7 obligations as enumerated in this compact, and which shall
8 have the force and effect of statutory law and shall be
9 binding in the compacting states to the extent and in the
10 manner provided in this compact.
11 (3) To oversee, supervise, and coordinate the
12 interstate movement of juveniles subject to the terms of this
13 compact and any bylaws and rules adopted by the Interstate
14 Commission.
15 (4) To enforce compliance with the compact provisions,
16 the rules adopted by the Interstate Commission, and the
17 bylaws, using all necessary and proper means, including, but
18 not limited to, the use of judicial process.
19 (5) To establish and maintain offices that are located
20 within one or more of the compacting states.
21 (6) To purchase and maintain insurance and bonds.
22 (7) To borrow, accept, hire, or contract for services
23 of personnel.
24 (8) To establish and appoint committees and hire staff
25 that it deems necessary for carrying out its functions,
26 including, but not limited to, an executive committee as
27 required in Article III which shall have the power to act on
28 behalf of the Interstate Commission in carrying out its powers
29 and duties hereunder.
30 (9) To elect or appoint such officers, attorneys,
31 employees, agents, or consultants; to fix their compensation,
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1 define their duties, and determine their qualifications; and
2 to establish the Interstate Commission's personnel policies
3 and programs relating to, inter alia, conflicts of interest,
4 rates of compensation, and qualifications of personnel.
5 (10) To accept any and all donations and grants of
6 money, equipment, supplies, materials, and services, and to
7 receive, use, and dispose of such donations and grants.
8 (11) To lease, purchase, accept contributions or
9 donations of, or otherwise to own, hold, improve, or use any
10 property, real, personal, or mixed.
11 (12) To sell, convey, mortgage, pledge, lease,
12 exchange, abandon, or otherwise dispose of any property, real,
13 personal, or mixed.
14 (13) To establish a budget and make expenditures and
15 levy dues as provided in Article VIII of this compact.
16 (14) To sue and to be sued.
17 (15) To adopt a seal and bylaws governing the
18 management and operation of the Interstate Commission.
19 (16) To perform such functions as may be necessary or
20 appropriate to achieve the purposes of this compact.
21 (17) To report annually to the legislatures,
22 governors, judiciary, and state councils of the compacting
23 states concerning the activities of the Interstate Commission
24 during the preceding year. Such reports shall also include any
25 recommendations that may have been adopted by the Interstate
26 Commission.
27 (18) To coordinate education, training, and public
28 awareness regarding the interstate movement of juveniles for
29 officials involved in such activity.
30 (19) To establish uniform standards of the reporting,
31 collecting, and exchanging of data.
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1 (20) To maintain its corporate books and records in
2 accordance with the bylaws.
3
4 ARTICLE V
5
6 ORGANIZATION AND OPERATION OF THE INTERSTATE
7 COMMISSION.--
8 Section A. Bylaws.--The Interstate Commission shall,
9 by a majority of the members present and voting, within 12
10 months after the first Interstate Commission meeting, adopt
11 bylaws to govern its conduct as may be necessary or
12 appropriate to carry out the purposes of the compact,
13 including, but not limited to:
14 (1) Establishing the fiscal year of the Interstate
15 Commission;
16 (2) Establishing an executive committee and such other
17 committees as may be necessary;
18 (3) Providing for the establishment of committees
19 governing any general or specific delegation of any authority
20 or function of the Interstate Commission;
21 (4) Providing reasonable procedures for calling and
22 conducting meetings of the Interstate Commission and ensuring
23 reasonable notice of each such meeting;
24 (5) Establishing the titles and responsibilities of
25 the officers of the Interstate Commission;
26 (6) Providing a mechanism for concluding the operation
27 of the Interstate Commission and the return of any surplus
28 funds that may exist upon the termination of the compact after
29 the payment or reserving all of its debts and obligations;
30 (7) Providing start-up rules for initial
31 administration of the compact; and
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1 (8) Establishing standards and procedures for
2 compliance and technical assistance in carrying out the
3 compact.
4 Section B. Officers and staff.--
5 (1) The Interstate Commission shall, by a majority of
6 the members, elect annually from among its members a
7 chairperson and vice chairperson, each of whom shall have such
8 authority and duties as may be specified in the bylaws. The
9 chairperson or, in the chairperson's absence or disability,
10 the vice chairperson shall preside at all meetings of the
11 Interstate Commission. The officers so elected shall serve
12 without compensation or remuneration from the Interstate
13 Commission; provided that, subject to the availability of
14 budgeted funds, the officers shall be reimbursed for any
15 ordinary and necessary costs and expenses incurred by them in
16 the performance of their duties and responsibilities as
17 officers of the Interstate Commission.
18 (2) The Interstate Commission shall, through its
19 executive committee, appoint or retain an executive director
20 for such period, upon such terms and conditions, and for such
21 compensation as the Interstate Commission deems appropriate.
22 The executive director shall serve as secretary to the
23 Interstate Commission, but may not be a member and shall hire
24 and supervise such other staff as may be authorized by the
25 Interstate Commission.
26 Section C. Qualified immunity, defense, and
27 indemnification.--
28 (1) The Interstate Commission's executive director and
29 employees shall be immune from suit and liability, either
30 personally or in their official capacity, for any claim for
31 damage to or loss of property or personal injury or other
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1 civil liability caused or arising out of or relating to any
2 actual or alleged act, error, or omission that occurred, or
3 that such person had a reasonable basis for believing
4 occurred, within the scope of commission employment, duties,
5 or responsibilities; provided that any such person is not
6 protected from suit or liability for any damage, loss, injury,
7 or liability caused by the intentional or willful and wanton
8 misconduct of any such person.
9 (2) The liability of any commissioner, or the employee
10 or agent of a commissioner, acting within the scope of such
11 person's employment or duties for acts, errors, or omissions
12 occurring within such person's state may not exceed the limits
13 of liability set forth under the constitution and laws of that
14 state for state officials, employees, and agents. Nothing in
15 this subsection shall be construed to protect any such person
16 from suit or liability for any damage, loss, injury, or
17 liability caused by the intentional or willful and wanton
18 misconduct of any such person.
19 (3) The Interstate Commission shall defend the
20 executive director or the employees or representatives of the
21 Interstate Commission and, subject to the approval of the
22 Attorney General of the state represented by any commissioner
23 of a compacting state, shall defend such commissioner or the
24 commissioner's representatives or employees in any civil
25 action seeking to impose liability arising out of any actual
26 or alleged act, error, or omission that occurred within the
27 scope of Interstate Commission employment, duties, or
28 responsibilities, or that the defendant had a reasonable basis
29 for believing occurred within the scope of Interstate
30 Commission employment, duties, or responsibilities; provided
31 that the actual or alleged act, error, or omission did not
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1 result from intentional or willful and wanton misconduct on
2 the part of such person.
3 (4) The Interstate Commission shall indemnify and hold
4 the commissioner of a compacting state or the commissioner's
5 representatives or employees, or the Interstate Commission's
6 representatives or employees, harmless in the amount of any
7 settlement or judgment obtained against such persons arising
8 out of any actual or alleged act, error, or omission that
9 occurred within the scope of Interstate Commission employment,
10 duties, or responsibilities, or that such persons had a
11 reasonable basis for believing occurred within the scope of
12 Interstate Commission employment, duties, or responsibilities;
13 provided that the actual or alleged act, error, or omission
14 did not result from intentional or willful and wanton
15 misconduct on the part of such persons.
16
17 ARTICLE VI
18
19 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--
20 (1) The Interstate Commission shall adopt and publish
21 rules in order to effectively and efficiently achieve the
22 purposes of the compact.
23 (2) Rulemaking shall occur pursuant to the criteria
24 set forth in this article and the bylaws and rules adopted
25 pursuant thereto. Such rulemaking shall substantially conform
26 to the principles of the "Model State Administrative
27 Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.
28 1 (2000), or such other administrative procedures act as the
29 Interstate Commission deems appropriate consistent with due
30 process requirements under the United States Constitution as
31 now or hereafter interpreted by the United States Supreme
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1 Court. All rules and amendments shall become binding as of the
2 date specified, as published with the final version of the
3 rule as approved by the Interstate Commission.
4 (3) When adopting a rule, the Interstate Commission
5 shall, at a minimum:
6 (a) Publish the proposed rule's entire text stating
7 the reason for that proposed rule;
8 (b) Allow and invite any and all persons to submit
9 written data, facts, opinions, and arguments, which
10 information shall be added to the record and made publicly
11 available;
12 (c) Provide an opportunity for an informal hearing if
13 petitioned by 10 or more persons; and
14 (d) Adopt a final rule and its effective date, if
15 appropriate, based on input from state or local officials or
16 interested parties.
17 (4) Allow, not later than 60 days after a rule is
18 adopted, any interested person to file a petition in the
19 United States District Court for the District of Columbia, or
20 in the Federal District Court where the Interstate
21 Commission's principal office is located, for judicial review
22 of such rule. If the court finds that the Interstate
23 Commission's actions are not supported by the substantial
24 evidence in the rulemaking record, the court shall hold the
25 rule unlawful and set it aside. For purposes of this
26 subsection, evidence is substantial if it would be considered
27 substantial evidence under the Model State Administrative
28 Procedures Act.
29 (5) If a majority of the legislatures of the
30 compacting states rejects a rule, those states may, by
31 enactment of a statute or resolution in the same manner used
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1 to adopt the compact, cause that such rule shall have no
2 further force and effect in any compacting state.
3 (6) The existing rules governing the operation of the
4 Interstate Compact on Juveniles superseded by this act shall
5 be null and void 12 months after the first meeting of the
6 Interstate Commission created hereunder.
7 (7) Upon determination by the Interstate Commission
8 that a state of emergency exists, it may adopt an emergency
9 rule that shall become effective immediately upon adoption;
10 provided that the usual rulemaking procedures provided
11 hereunder shall be retroactively applied to said rule as soon
12 as reasonably possible, but no later than 90 days after the
13 effective date of the emergency rule.
14
15 ARTICLE VII
16
17 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
18 INTERSTATE COMMISSION.
19 Section A. Oversight.--
20 (1) The Interstate Commission shall oversee the
21 administration and operations of the interstate movement of
22 juveniles subject to this compact in the compacting states and
23 shall monitor such activities being administered in
24 noncompacting states which may significantly affect compacting
25 states.
26 (2) The courts and executive agencies in each
27 compacting state shall enforce this compact and shall take all
28 actions necessary and appropriate to effectuate the compact's
29 purposes and intent. The provisions of this compact and the
30 rules adopted hereunder shall be received by all the judges,
31 public officers, commissions, and departments of the state
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1 government as evidence of the authorized statute and
2 administrative rules. All courts shall take judicial notice of
3 the compact and the rules. In any judicial or administrative
4 proceeding in a compacting state pertaining to the subject
5 matter of this compact which may affect the powers,
6 responsibilities, or actions of the Interstate Commission, the
7 commission shall be entitled to receive all service of process
8 in any such proceeding and shall have standing to intervene in
9 the proceeding for all purposes.
10 Section B. Dispute resolution.--
11 (1) The compacting states shall report to the
12 Interstate Commission on all issues and activities necessary
13 for the administration of the compact as well as issues and
14 activities pertaining to compliance with the provisions of the
15 compact and its bylaws and rules.
16 (2) The Interstate Commission shall attempt, upon the
17 request of a compacting state, to resolve any disputes or
18 other issues that are subject to the compact and that may
19 arise among compacting states and between compacting and
20 noncompacting states. The commission shall adopt a rule
21 providing for both mediation and binding dispute resolution
22 for disputes among the compacting states.
23 (3) The Interstate Commission, in the reasonable
24 exercise of its discretion, shall enforce the provisions and
25 rules of this compact using any or all means set forth in
26 Article XI of this compact.
27
28 ARTICLE VIII
29
30 FINANCE.--
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1 (1) The Interstate Commission shall pay or provide for
2 the payment of the reasonable expenses of its establishment,
3 organization, and ongoing activities.
4 (2) The Interstate Commission shall levy on and
5 collect an annual assessment from each compacting state to
6 cover the cost of the internal operations and activities of
7 the Interstate Commission and its staff which must be in a
8 total amount sufficient to cover the Interstate Commission's
9 annual budget as approved each year. The aggregate annual
10 assessment amount shall be allocated based upon a formula to
11 be determined by the Interstate Commission, taking into
12 consideration the population of each compacting state and the
13 volume of interstate movement of juveniles in each compacting
14 state, and the Interstate Commission shall adopt a rule that
15 is binding upon all compacting states governing the
16 assessment.
17 (3) The Interstate Commission shall not incur any
18 obligations of any kind prior to securing the funds adequate
19 to meet the same; nor shall the Interstate Commission pledge
20 the credit of any of the compacting states, except by and with
21 the authority of the compacting state.
22 (4) The Interstate Commission shall keep accurate
23 accounts of all receipts and disbursements. The receipts and
24 disbursements of the Interstate Commission shall be subject to
25 the audit and accounting procedures established under its
26 bylaws. However, all receipts and disbursements of funds
27 handled by the Interstate Commission shall be audited yearly
28 by a certified or licensed public accountant and the report of
29 the audit shall be included in and become part of the annual
30 report of the Interstate Commission.
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1 ARTICLE IX
2
3 THE STATE COUNCIL.--Each member shall create a State
4 Council for Interstate Juvenile Supervision. While each state
5 may determine the membership of its own state council, its
6 membership must include at least one representative from the
7 legislative, judicial, and executive branches of government;
8 at least one representative of victims groups; a parent of a
9 youth who is not currently in the juvenile justice system; and
10 the compact administrator, deputy compact administrator, or
11 designee. Each compacting state retains the right to determine
12 the qualifications of the compact administrator or deputy
13 compact administrator. Each state council may advise and
14 exercise oversight and advocacy concerning that state's
15 participation in the activities of the Interstate Commission
16 and other duties as may be determined by that state,
17 including, but not limited to, development of policy
18 concerning operations and procedures of the compact within
19 that state.
20
21 ARTICLE X
22
23 COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT.--
24 (1) Any state, including the District of Columbia (or
25 its designee), the Commonwealth of Puerto Rico, the United
26 States Virgin Islands, Guam, America Samoa, and the Northern
27 Mariana Islands as defined in Article II of this compact, is
28 eligible to become a compacting state.
29 (2) The compact shall become effective and binding
30 upon legislative enactment of the compact into law by no less
31 than 35 of the states. The initial effective date shall be the
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1 later of July 1, 2005, or upon enactment into law by the 35th
2 jurisdiction. Thereafter, it shall become effective and
3 binding as to any other compacting state upon enactment of the
4 compact into law by that state. The governors of nonmember
5 states or their designees shall be invited to participate in
6 the activities of the Interstate Commission on a nonvoting
7 basis prior to adoption of the compact by all states and
8 territories of the United States.
9 (3) The Interstate Commission may propose amendments
10 to the compact for enactment by the compacting states. No
11 amendment shall become effective and binding upon the
12 Interstate Commission and the compacting states unless and
13 until it is enacted into law by unanimous consent of the
14 compacting states.
15
16 ARTICLE XI
17
18 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
19 ENFORCEMENT.--
20 Section A. Withdrawal.--
21 (1) Once effective, the compact shall continue in
22 force and remain binding upon each and every compacting state;
23 provided that a compacting state may withdraw from the compact
24 by specifically repealing the statute that enacted the compact
25 into law.
26 (2) The effective date of withdrawal is the effective
27 date of the repeal.
28 (3) The withdrawing state shall immediately notify the
29 chairperson of the Interstate Commission in writing upon the
30 introduction of legislation repealing this compact in the
31 withdrawing state. The Interstate Commission shall notify the
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1 other compacting states of the withdrawing state's intent to
2 withdraw within 60 days after its receipt thereof.
3 (4) The withdrawing state is responsible for all
4 assessments, obligations, and liabilities incurred through the
5 effective date of withdrawal, including any obligations the
6 performance of which extends beyond the effective date of
7 withdrawal.
8 (5) Reinstatement following withdrawal of any
9 compacting state shall occur upon the withdrawing state
10 reenacting the compact or upon such later date as determined
11 by the Interstate Commission.
12 Section B. Technical assistance, fines, suspension,
13 termination, and default.--
14 (1) If the Interstate Commission determines that any
15 compacting state has at any time defaulted in the performance
16 of any of its obligations or responsibilities under this
17 compact, or the bylaws or duly adopted rules, the Interstate
18 Commission may impose any or all of the following penalties:
19 (a) Remedial training and technical assistance as
20 directed by the Interstate Commission;
21 (b) Alternative dispute resolution;
22 (c) Fines, fees, and costs in such amounts as are
23 deemed to be reasonable as fixed by the Interstate Commission;
24 or
25 (d) Suspension or termination of membership in the
26 compact, which shall be imposed only after all other
27 reasonable means of securing compliance under the bylaws and
28 rules have been exhausted and the Interstate Commission has
29 therefore determined that the offending state is in default.
30 Immediate notice of suspension shall be given by the
31 Interstate Commission to the Governor, the Chief Justice or
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1 the Chief Judicial Officer of the state, the majority and the
2 minority leaders of the defaulting state's legislature, and
3 the state council. The grounds for default include, but are
4 not limited to, failure of a compacting state to perform such
5 obligations or responsibilities imposed upon it by this
6 compact, the bylaws, or duly adopted rules and any other
7 ground designated in commission bylaws and rules. The
8 Interstate Commission shall immediately notify the defaulting
9 state in writing of the penalty imposed by the Interstate
10 Commission and of the default pending a cure of the default.
11 The commission shall stipulate the conditions and the time
12 period within which the defaulting state must cure its
13 default. If the defaulting state fails to cure the default
14 within the period specified by the commission, the defaulting
15 state shall be terminated from the compact upon an affirmative
16 vote of a majority of the compacting states and all rights,
17 privileges, and benefits conferred by this compact shall be
18 terminated from the effective date of termination.
19 (2) Within 60 days after the effective date of
20 termination of a defaulting state, the Interstate Commission
21 shall notify the Governor, the Chief Justice or Chief Judicial
22 Officer, the majority and minority leaders of the defaulting
23 state's legislature, and the state council of such
24 termination.
25 (3) The defaulting state is responsible for all
26 assessments, obligations, and liabilities incurred through the
27 effective date of termination, including any obligations the
28 performance of which extends beyond the effective date of
29 termination.
30 (4) The Interstate Commission shall not bear any costs
31 relating to the defaulting state unless otherwise mutually
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1 agreed upon in writing between the Interstate Commission and
2 the defaulting state.
3 (5) Reinstatement following termination of any
4 compacting state requires both a reenactment of the compact by
5 the defaulting state and the approval of the Interstate
6 Commission pursuant to the rules.
7 Section C. Judicial enforcement.--The Interstate
8 Commission may, by majority vote of the members, initiate
9 legal action in the United States District Court for the
10 District of Columbia or, at the discretion of the Interstate
11 Commission, in the federal district where the Interstate
12 Commission has its offices, to enforce compliance with the
13 provisions of the compact and its duly adopted rules and
14 bylaws against any compacting state in default. In the event
15 judicial enforcement is necessary, the prevailing party shall
16 be awarded all costs of such litigation, including reasonable
17 attorney's fees.
18 Section D. Dissolution of compact.--
19 (1) The compact dissolves effective upon the date of
20 the withdrawal or default of the compacting state which
21 reduces membership in the compact to one compacting state.
22 (2) Upon the dissolution of the compact, the compact
23 becomes null and void and shall be of no further force or
24 effect, the business and affairs of the Interstate Commission
25 shall be concluded, and any surplus funds shall be distributed
26 in accordance with the bylaws.
27
28 ARTICLE XII
29
30 SEVERABILITY AND CONSTRUCTION.--
31
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1 (1) The provisions of this compact are severable, and
2 if any phrase, clause, sentence, or provision is deemed
3 unenforceable, the remaining provisions of the compact shall
4 be enforceable.
5 (2) The provisions of this compact shall be liberally
6 construed to effectuate its purposes.
7
8 ARTICLE XIII
9
10 BINDING EFFECT OF COMPACT AND OTHER LAWS.--
11 Section A. Other laws.--
12 (1) Nothing herein prevents the enforcement of any
13 other law of a compacting state which is not inconsistent with
14 this compact.
15 (2) All compacting states' laws other than state
16 constitutions and other interstate compacts conflicting with
17 this compact are superseded to the extent of the conflict.
18 Section B. Binding effect of the compact.--
19 (1) All lawful actions of the Interstate Commission,
20 including all rules and bylaws adopted by the Interstate
21 Commission, are binding upon the compacting states.
22 (2) All agreements between the Interstate Commission
23 and the compacting states are binding in accordance with their
24 terms.
25 (3) Upon the request of a party to a conflict over
26 meaning or interpretation of Interstate Commission actions,
27 and upon a majority vote of the compacting states, the
28 Interstate Commission may issue advisory opinions regarding
29 such meaning or interpretation.
30 (4) In the event any provision of this compact exceeds
31 the constitutional limits imposed on any compacting state, the
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1 obligations, duties, powers, or jurisdiction sought to be
2 conferred by such provision upon the Interstate Commission
3 shall be ineffective and such obligations, duties, powers, or
4 jurisdiction shall remain in the compacting state and shall be
5 exercised by the agency thereof to which such obligations,
6 duties, powers, or jurisdiction are delegated by law in effect
7 at the time this compact becomes effective.
8 Section 2. Section 985.5025, Florida Statutes, is
9 created to read:
10 985.5025 State Council for Interstate Juvenile
11 Offender Supervision.--
12 (1) Pursuant to Article IX of the Interstate Compact
13 for Juveniles in s. 985.502, the State Council for Interstate
14 Juvenile Offender Supervision is created. The purpose of the
15 council is to oversee state participation in the activities of
16 the Interstate Commission for Juveniles.
17 (2) The council shall consist of seven members and the
18 Secretary of Juvenile Justice or his or her designee, who
19 shall serve as the chair of the council and may vote only to
20 break a tie. The compact administrator or his or her designee
21 and the Executive Director of the Department of Law
22 Enforcement or his or her designee shall serve as members of
23 the council. The remaining members shall be appointed for the
24 Governor for terms of 4 years; however, the Governor may for
25 any year delegate the power of appointment to the Secretary of
26 Juvenile Justice. Of the initial appointees, one shall be
27 appointed for a term of 1 year, one shall be appointed for a
28 term of 2 years, one shall be appointed for a term of 3 years,
29 and two shall be appointed for terms of 4 years each.
30 (3) Appointees shall be selected from individuals with
31 personal or professional experience in the juvenile justice
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1 system and may include a victim's advocate, employees of the
2 Department of Children and Family Services, employees of the
3 Department of Law Enforcement who work with missing and
4 exploited children, and a parent who, at the time of
5 appointment, does not have a child involved in the juvenile
6 justice system.
7 (4) Council members shall serve without compensation,
8 but they are entitled to reimbursement for per diem and travel
9 expenses as provided in s. 112.061.
10 (5) The provisions of s. 24, Art. I of the State
11 Constitution and of chapter 119 and s. 286.011 apply to
12 proceedings and records of the council. Minutes, including a
13 record of all votes cast, must be maintained for all meetings.
14 (6) If the council is abolished, its records must be
15 appropriately stored, within 30 days after the effective date
16 of its abolition, by the Department of Juvenile Justice or its
17 successor agency. Any property assigned to the council must be
18 reclaimed by the department or its successor agency. The
19 council may not perform any activities after the effective
20 date of its abolition.
21 Section 3. Sections 985.503, 985.504, 985.505,
22 985.506, and 985.507, Florida Statutes, are repealed.
23 Section 4. This act shall take effect July 1, 2005.
24
25 *****************************************
26 SENATE SUMMARY
27 Creates the Interstate Compact for Juveniles to provide
for cooperation among states in supervising and returning
28 juveniles who have run away or escaped from detention
across state boundaries. Provides for the creation of an
29 Interstate Commission to administer the compact. Provides
for the financing of the commission and the duties of the
30 member states. Provides for a state's withdrawal from the
compact. Creates the State Council for Interstate
31 Juvenile Offender Supervision to oversee the state's
activities under the compact. (See bill for details.)
27
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