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

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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  

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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

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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

31  

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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.--

31  

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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.

31  

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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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