00 Enrolled HB 141                                                                                                         
01 Relating to the Interstate Compact for Juveniles; relating to the State Council for Interstate                          
02 Adult and Juvenile Offender Supervision; amending Rules 4 and 24(b), Alaska Rules of Civil                              
03 Procedure; and providing for an effective date.                                                                         
04                           _______________                                                                               
05    * Section 1. AS 33.36.140(a) is amended to read:                                                                   
06            (a)  There is created the State Council for Interstate Adult and Juvenile                                
07       Offender Supervision to implement the provisions of the compact set out in                                        
08       AS 33.36.110 as the State Council for Interstate Adult Offender Supervision and                               
09       the compact set out in AS 47.15.010 as the State Council for Interstate Juvenile                              
10       Supervision. The state council shall meet as frequently as necessary to carry out its                         
11       responsibilities.                                                                                                 
12    * Sec. 2. AS 33.36.140(b) is amended to read:                                                                      
13            (b)  The state council consists of nine [SEVEN] members as follows:                                      
14                 (1)  the commissioner of corrections; the commissioner of corrections                                   
01       may name a designee to serve in this capacity;                                                                    
02                 (2)  the compact administrator appointed under AS 33.36.130;                                            
03                 (3)  an attorney employed in the Department of Law, appointed by the                                    
04       governor;                                                                                                         
05                 (4)  two members appointed by the governor from among the citizens                                      
06       of the state, at least one of whom must be a representative from victims' groups;                                 
07                 (5)  one ex officio nonvoting member from the legislative branch                                        
08       selected by the legislature and one ex officio nonvoting member from the judicial                                 
09       branch selected by the judiciary;                                                                             
10                 (6)  the commissioner of health and social services; the                                            
11       commissioner of health and social services may name a designee to serve in this                               
12       capacity;                                                                                                     
13                 (7)  the compact administrator appointed under AS 47.15.020.                                        
14    * Sec. 3. AS 44.21.410(a) is amended to read:                                                                      
15            (a)  The office of public advocacy shall                                                                     
16                 (1)  perform the duties of the public guardian under AS 13.26.360 -                                     
17       13.26.410;                                                                                                        
18                 (2)  provide visitors and experts in guardianship proceedings under                                     
19       AS 13.26.131;                                                                                                     
20                 (3)  provide guardian ad litem services to children in child protection                                 
21       actions under AS 47.17.030(e) and to wards and respondents in guardianship                                        
22       proceedings who will suffer financial hardship or become dependent upon a                                         
23       government agency or a private person or agency if the services are not provided at                               
24       state expense under AS 13.26.025;                                                                                 
25                 (4)  provide legal representation in cases involving judicial bypass                                    
26       procedures for minors seeking abortions under AS 18.16.030, in guardianship                                       
27       proceedings to respondents who are financially unable to employ attorneys under                                   
28       AS 13.26.106(b), to indigent parties in cases involving child custody in which the                                
29       opposing party is represented by counsel provided by a public agency, and to indigent                         
30       parents or guardians of a minor respondent in a commitment proceeding concerning                                  
31       the minor under AS 47.30.775;                                                                                     
01                 (5)  provide legal representation and guardian ad litem services under                                  
02       AS 25.24.310; in cases arising under AS 47.15 ([UNIFORM] Interstate Compact for                               
03       [ON] Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b)                              
04       or petitions for the termination of parental rights on grounds set out in                                         
05       AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor                            
06       under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under                                      
07       AS 47.12.090; in cases involving appointments under AS 18.66.100(a) in petitions for                              
08       protective orders on behalf of a minor; and in cases involving indigent persons who                               
09       are entitled to representation under AS 18.85.100 and who cannot be represented by                                
10       the public defender agency because of a conflict of interests;                                                    
11                 (6)  develop and coordinate a program to recruit, select, train, assign,                                
12       and supervise volunteer guardians ad litem from local communities to aid in delivering                            
13       services in cases in which the office of public advocacy is appointed as guardian ad                              
14       litem;                                                                                                            
15                 (7)  provide guardian ad litem services in proceedings under                                            
16       AS 12.45.046 or AS 18.15.355 - 18.15.395;                                                                         
17                 (8)  establish a fee schedule and collect fees for services provided by                                 
18       the office, except as provided in AS 18.85.120 or when imposition or collection of a                              
19       fee is not in the public interest as defined under regulations adopted by the                                     
20       commissioner of administration;                                                                                   
21                 (9)  provide visitors and guardians ad litem in proceedings under                                       
22       AS 47.30.839;                                                                                                     
23                 (10)  provide legal representation to an indigent parent of a child with a                              
24       disability; in this paragraph, "child with a disability" has the meaning given in                                 
25       AS 14.30.350;                                                                                                     
26                 (11)  investigate complaints and bring civil actions under                                              
27       AS 44.21.415(a) involving fraud committed against residents of the state who are 60                               
28       years of age or older; in this paragraph, "fraud" has the meaning given in                                        
29       AS 44.21.415.                                                                                                     
30    * Sec. 4. AS 47.15.010 is repealed and reenacted to read:                                                          
31            Sec. 47.15.010. Execution of interstate compact. The governor shall execute                                
01       a compact on the behalf of the state with any other state or states legally joining in it in                      
02       substantially the following form:                                                                                 
03                  INTERSTATE COMPACT FOR JUVENILES                                                                       
04                              ARTICLE I                                                                                  
05                              PURPOSE                                                                                  
06            The compacting states to this Interstate Compact recognize that each state is                                
07       responsible for the proper supervision or return of juveniles, delinquents, and status                            
08       offenders who are on probation or parole and who have absconded, escaped, or run                                  
09       away from supervision and control and in so doing have endangered their own safety                                
10       and the safety of others. The compacting states also recognize that each state is                                 
11       responsible for the safe return of juveniles who have run away from home and in                                   
12       doing so have left their state of residence. The compacting states also recognize that                            
13       Congress, by enacting the Crime Control Act, 4 U.S.C. 112 (1965), has authorized                                  
14       and encouraged compacts for cooperative efforts and mutual assistance in the                                      
15       prevention of crime. It is the purpose of this compact, through means of joint and                                
16       cooperative action among the compacting states to                                                                 
17                 (1)  ensure that the adjudicated juveniles and status offenders subject to                              
18       this compact are provided adequate supervision and services in the receiving state as                             
19       ordered by the adjudicating judge or parole authority in the sending state;                                       
20                 (2)  ensure that the public safety interests of the citizens, including the                             
21       victims of juvenile offenders, in both the sending and receiving states are adequately                            
22       protected;                                                                                                        
23                 (3)  return juveniles who have run away, absconded, or escaped from                                     
24       supervision or control or have been accused of an offense to the state requesting their                           
25       return;                                                                                                           
26                 (4)  make contracts for the cooperative institutionalization in public                                  
27       facilities in member states for delinquent youth needing special services;                                        
28                 (5)  provide for the effective tracking and supervision of juveniles;                                   
29                 (6)  equitably allocate the costs, benefits, and obligations of the                                     
30       compacting states;                                                                                                
31                 (7)  establish procedures to manage the movement between states of                                      
01       juvenile offenders released to the community under the jurisdiction of courts, juvenile                           
02       departments, or any other criminal or juvenile justice agency that has jurisdiction over                          
03       juvenile offenders;                                                                                               
04                 (8)  ensure immediate notice to jurisdictions where defined offenders                                   
05       are authorized to travel or to relocate across state lines;                                                       
06                 (9)  establish procedures to resolve pending charges, including                                         
07       detainers, against juvenile offenders before transfer or release to the community under                           
08       the terms of this compact;                                                                                        
09                 (10)  establish a system of uniform data collection on information                                      
10       pertaining to juveniles subject to this compact that allows access by authorized                                  
11       juvenile justice and criminal justice officials, and regular reporting of compact                                 
12       activities to heads of state executive, judicial, and legislative branches and juvenile                           
13       and criminal justice administrators;                                                                              
14                 (11)  monitor compliance with rules governing interstate movement of                                    
15       juveniles and initiate interventions to address and correct noncompliance;                                        
16                 (12)  coordinate training and education regarding the regulation of                                     
17       interstate movement of juveniles for officials involved in such activity; and                                     
18                 (13)  coordinate the implementation and operation of the compact with                                   
19       the Interstate Compact for the Placement of Children, the Interstate Compact for Adult                            
20       Offender Supervision, and other compacts affecting juveniles particularly in those                                
21       cases where concurrent or overlapping supervision issues arise; it is the policy of the                           
22       compacting states that the activities conducted by the Interstate Commission created in                           
23       this section are the formation of public policies and therefore are public business;                              
24       furthermore, the compacting states shall cooperate and observe their individual and                               
25       collective duties and responsibilities for the prompt return and acceptance of juveniles                          
26       subject to the provisions of this compact. The provisions of this compact shall be                                
27       reasonably and liberally construed to accomplish the purposes and policies of the                                 
28       compact.                                                                                                          
29                             ARTICLE II                                                                                  
30                            DEFINITIONS                                                                                  
31            As used in this compact, unless the context clearly requires a different                                     
01       construction:                                                                                                     
02                 (1)  "by-laws" means those by-laws established by the Interstate                                        
03       Commission for its governance, or for directing or controlling its actions or conduct;                            
04                 (2)  "commissioner" means the voting representative of each                                             
05       compacting state appointed under art. III of this compact;                                                        
06                 (3)  "compact administrator" means the individual in each compacting                                    
07       state appointed under the terms of this compact, responsible for the administration and                           
08       management of the state's supervision and transfer of juveniles subject to the terms of                           
09       this compact, the rules adopted by the Interstate Commission, and policies adopted by                             
10       the state council under this compact;                                                                             
11                 (4)  "compacting state" means any state that has enacted the enabling                                   
12       legislation for this compact;                                                                                     
13                 (5)  "court" means any court having jurisdiction over delinquent,                                       
14       neglected, or dependent children;                                                                                 
15                 (6)  "deputy compact administrator" means the individual, if any, in                                    
16       each compacting state appointed to act on behalf of a compact administrator under the                             
17       terms of this compact responsible for the administration and management of the state's                            
18       supervision and transfer of juveniles subject to the terms of this compact, the rules                             
19       adopted by the Interstate Commission, and policies adopted by the state council under                             
20       this compact;                                                                                                     
21                 (7)  "Interstate Commission" means the Interstate Commission for                                        
22       Juveniles created by art. III of this compact;                                                                    
23                 (8)  "juvenile" means any person defined as a juvenile in any member                                    
24       state or by the rules of the Interstate Commission, including                                                     
25                      (A)  accused delinquent, a person charged with an offense that,                                    
26            if committed by an adult, would be a criminal offense;                                                       
27                      (B)  adjudicated delinquent, a person found to have committed                                      
28            an offense that, if committed by an adult, would be a criminal offense;                                      
29                      (C)  accused status offender, a person charged with an offense                                     
30            that would not be a criminal offense if committed by an adult;                                               
31                      (D)  adjudicated status offender, a person found to have                                           
01            committed an offense that would not be a criminal offense if committed by an                                 
02            adult; and                                                                                                   
03                      (E)  non-offender, a person in need of supervision who has not                                     
04            been accused or adjudicated a status offender or delinquent.                                                 
05                 (9)  "non-compacting state" means any state that has not enacted the                                    
06       enabling legislation for this compact;                                                                            
07                 (10)  "probation or parole" means any kind of supervision or                                            
08       conditional release of juveniles authorized under the laws of the compacting states;                              
09                 (11)  "rule"                                                                                            
10                      (A)  means a written statement by the Interstate Commission                                        
11            promulgated under art. VI of this compact that is of general applicability,                                  
12            implements, interprets, or prescribes a policy or provision of the compact, or                               
13            an organizational, procedural, or practice requirement of the commission, and                                
14            has the force and effect of statutory law in a compacting state;                                             
15                      (B)  includes the amendment, repeal, or suspension of an                                           
16            existing rule;                                                                                               
17                 (12)  "state" means a state of the United States, the District of                                       
18       Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin                               
19       Islands, Guam, American Samoa, and the Northern Marianas Islands.                                                 
20                             ARTICLE III                                                                                 
21                 INTERSTATE COMMISSION FOR JUVENILES                                                                     
22            (a) The compacting states hereby create the "Interstate Commission for                                       
23       Juveniles." The commission shall be a body corporate and joint agency of the                                      
24       compacting states. The commission shall have all the responsibilities, powers, and                                
25       duties set out in this section, and such additional powers as may be conferred upon it                            
26       by subsequent action of the respective legislatures of the compacting states in                                   
27       accordance with the terms of this compact.                                                                        
28            (b)  The Interstate Commission shall consist of commissioners appointed by                                   
29       the appropriate appointing authority in each state under the rules and requirements of                            
30       each compacting state and in consultation with the State Council for Interstate                                   
31       Juvenile Supervision created under this section. The commissioner shall be the                                    
01       compact administrator, deputy compact administrator, or designee from that state who                              
02       shall serve on the Interstate Commission in such capacity under the applicable law of                             
03       the compacting state.                                                                                             
04            (c)  In addition to the commissioners who are the voting representatives of                                  
05       each state, the Interstate Commission shall include individuals who are not                                       
06       commissioners, but who are members of interested organizations. Such non-                                         
07       commissioner members must include a member of the national organizations of                                       
08       governors, legislators, state chief justices, attorneys general, Interstate Compact for                           
09       Adult Offender Supervision, Interstate Compact for the Placement of Children,                                     
10       juvenile justice and juvenile corrections officials, and crime victims. All non-                                  
11       commissioner members of the Interstate Commission shall be ex-officio, non-voting,                                
12       members. The Interstate Commission may provide in its by-laws for such additional                                 
13       ex-officio, non-voting, members, including members of other national organizations,                               
14       in such numbers as shall be determined by the commission.                                                         
15            (d)  Each compacting state represented at any meeting of the commission is                                   
16       entitled to one vote.  A majority of the compacting states constitutes a quorum for the                           
17       transaction of business, unless a larger quorum is required by the by-laws of the                                 
18       Interstate Commission.                                                                                            
19            (e)  The commission shall meet at least once each calendar year. The                                         
20       chairperson may call additional meetings and, upon the request of a simple majority of                            
21       the compacting states, shall call additional meetings. Public notice shall be given of all                        
22       meetings and meetings shall be open to the public.                                                                
23            (f)  The Interstate Commission shall establish an executive committee, which                                 
24       shall include commission officers, members, and others as determined by the by-laws.                              
25       The executive committee shall have the power to act on behalf of the Interstate                                   
26       Commission during periods when the Interstate Commission is not in session, with the                              
27       exception of rulemaking, amendment to the compact, or both. The executive                                         
28       committee shall oversee the day-to-day activities of the administration of the compact                            
29       managed by an executive director and Interstate Commission staff; administer                                      
30       enforcement and compliance with the provisions of the compact and its by-laws and                                 
31       rules; and perform such other duties as directed by the Interstate Commission or set                              
01       out in the by-laws.                                                                                               
02            (g)  Each member of the Interstate Commission shall have the right and power                                 
03       to cast a vote to which that compacting state is entitled and to participate in the                               
04       business and affairs of the Interstate Commission. A member shall vote in person and                              
05       may not delegate a vote to another compacting state. However, a commissioner, in                                  
06       consultation with the state council, shall appoint another authorized representative, in                          
07       the absence of the commissioner from that state, to cast a vote on behalf of the                                  
08       compacting state at a specified meeting. The by-laws may provide for members'                                     
09       participation in meetings by telephone or other means of telecommunication or                                     
10       electronic communication.                                                                                         
11            (h)  The Interstate Commission's by-laws shall establish conditions and                                      
12       procedures under which the Interstate Commission shall make its information and                                   
13       official records available to the public for inspection or copying. The Interstate                                
14       Commission may exempt from disclosure any information or official records to the                                  
15       extent they would adversely affect personal privacy rights or proprietary interests.                              
16            (i)  Public notice shall be given of all meetings. All meetings shall be open to                             
17       the public, except as set out in the rules or as otherwise provided in the compact. The                           
18       Interstate Commission and any of its committees may close a meeting to the public if                              
19       it determines by two-thirds vote that an open meeting would be likely to                                          
20                 (1)  relate solely to the Interstate Commission's internal personnel                                    
21       practices and procedures;                                                                                         
22                 (2)  disclose matters specifically exempted from disclosure by law;                                     
23                 (3)  disclose trade secrets or commercial or financial information that is                              
24       privileged or confidential;                                                                                       
25                 (4)  involve accusing any person of a crime, or formally censuring any                                  
26       person;                                                                                                           
27                 (5)  disclose information of a personal nature if the disclosure would                                  
28       constitute a clearly unwarranted invasion of personal privacy;                                                    
29                 (6)  disclose investigative records compiled for law enforcement                                        
30       purposes;                                                                                                         
31                 (7)  disclose information contained in or related to examination,                                       
01       operating, or condition reports prepared by, or on behalf of or for the use of, the                               
02       Interstate Commission with respect to a regulated person or entity for the purpose of                             
03       regulation or supervision of such person or entity;                                                               
04                 (8)  disclose information, the premature disclosure of which would                                      
05       significantly endanger the stability of a regulated person or entity; or                                          
06                 (9)  specifically relate to the Interstate Commission's issuance of a                                   
07       subpoena, or its participation in a civil action or other legal proceeding.                                       
08            (j)  For every meeting closed under (i) of this section, the Interstate                                      
09       Commission's legal counsel shall publicly certify that, in the legal counsel's opinion,                           
10       the meeting may be closed to the public, and shall reference each relevant exemptive                              
11       provision. The Interstate Commission shall keep minutes that shall fully and clearly                              
12       describe all matters discussed in any meeting and shall provide a full and accurate                               
13       summary of any actions taken, and the reasons therefore, including a description of                               
14       each of the views expressed on any item and the record of any roll call vote, as                                  
15       reflected in the vote of each member on the question. All documents considered in                                 
16       connection with any action shall be identified in such minutes.                                                   
17            (k)  The Interstate Commission shall collect standardized data concerning the                                
18       interstate movement of juveniles as directed through its rules, which shall specify the                           
19       data to be collected, the means of collection and data exchange, and reporting                                    
20       requirements. Such methods of data collection, exchange, and reporting shall insofar                              
21       as is reasonably possible conform to up-to-date technology and coordinate its                                     
22       information functions with the appropriate repository of records.                                                 
23                             ARTICLE IV                                                                                  
24           POWERS AND DUTIES OF THE INTERSTATE COMMISSION                                                              
25            The commission shall have the following powers and duties:                                                   
26                 (1)  to provide for dispute resolution among compacting states;                                         
27                 (2)  to promulgate rules to effect the purposes and obligations as                                      
28       enumerated in this compact, which shall have the force and effect of statutory law and                            
29       shall be binding in the compacting states to the extent and in the manner provided in                             
30       this compact;                                                                                                     
31                 (3)  to oversee, supervise, and coordinate the interstate movement of                                   
01       juveniles subject to the terms of this compact and any by-laws adopted and rules                                  
02       promulgated by the Interstate Commission;                                                                         
03                 (4)  to enforce compliance with the compact provisions, the rules                                       
04       promulgated by the Interstate Commission, and the by-laws, using all necessary and                                
05       proper means, including but not limited to the use of judicial process;                                           
06                 (5)  to establish and maintain offices that shall be located within one or                              
07       more of the compacting states;                                                                                    
08                 (6)  to purchase and maintain insurance and bonds;                                                      
09                 (7)  to borrow, accept, hire, or contract for services of personnel;                                    
10                 (8)  to establish and appoint committees and hire staff that it considers                               
11       necessary for the carrying out of its functions including, but not limited to, an                                 
12       executive committee as required by art. III of the compact which shall have the power                             
13       to act on behalf of the Interstate Commission in carrying out its powers and duties;                              
14                 (9)  to elect or appoint such officers, attorneys, employees, agents, or                                
15       consultants, and to fix their compensation, define their duties and determine their                               
16       qualifications; and to establish the Interstate Commission's personnel policies and                               
17       programs relating to, inter alia, conflicts of interest, rates of compensation, and                               
18       qualifications of personnel;                                                                                      
19                 (10)  to accept any and all donations and grants of money, equipment,                                   
20       supplies, materials, and services, and to receive, utilize, and dispose of it;                                    
21                 (11)  to lease, purchase, accept contributions or donations of, or                                      
22       otherwise to own, hold, improve or use any property, real, personal, or mixed;                                    
23                 (12)  to sell, convey, mortgage, pledge, lease, exchange, abandon, or                                   
24       otherwise dispose of any property, whether real, personal, or mixed;                                              
25                 (13)  to establish a budget and make expenditures and levy dues as                                      
26       provided in art. VIII of this compact;                                                                            
27                 (14)  to sue and be sued;                                                                               
28                 (15)  to adopt a seal and by-laws governing the management and                                          
29       operation of the Interstate Commission;                                                                           
30                 (16)  to perform such functions as may be necessary or appropriate to                                   
31       achieve the purposes of this compact;                                                                             
01                 (17)  to report annually to the legislatures, governors, judiciary, and                                 
02       state councils of the compacting states concerning the activities of the Interstate                               
03       Commission during the preceding year; such reports shall also include any                                         
04       recommendations that may have been adopted by the Interstate Commission;                                          
05                 (18)  to coordinate education, training, and public awareness regarding                                 
06       the interstate movement of juveniles for officials involved in such activity;                                     
07                 (19)  to establish uniform standards of the reporting, collecting, and                                  
08       exchanging of data;                                                                                               
09                 (20)  the Interstate Commission shall maintain its corporate books and                                  
10       records in accordance with the by-laws.                                                                           
11                             ARTICLE V                                                                                   
12       ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION                                                           
13            (a)  By-laws                                                                                                 
14                 (1)  The Interstate Commission shall, by a majority of the members                                      
15       present and voting, within 12 months after the first Interstate Commission meeting,                               
16       adopt by-laws to govern its conduct as may be necessary or appropriate to carry out                               
17       the purposes of the compact, including, but not limited to                                                        
18                      (A)  establishing the fiscal year of the Interstate Commission;                                    
19                      (B)  establishing an executive committee and such other                                            
20            committees as may be necessary;                                                                              
21                      (C)  provide for the establishment of committees governing any                                     
22            general or specific delegation of any authority or function of the Interstate                                
23            Commission;                                                                                                  
24                      (D)  providing reasonable procedures for calling and conducting                                    
25            meetings of the Interstate Commission, and ensuring reasonable notice of each                                
26            such meeting;                                                                                                
27                      (E)  establishing the titles and responsibilities of the officers of                               
28            the Interstate Commission;                                                                                   
29                      (F)  providing a mechanism for concluding the operations of the                                    
30            Interstate Commission and the return of any surplus funds that may exist upon                                
31            the termination of the compact after the payment, reserving, or both, of all of                              
01            its debts and obligations;                                                                                   
02                      (G)  providing start-up rules for initial administration of the                                    
03            compact; and                                                                                                 
04                      (H)  establishing standards and procedures for compliance and                                      
05            technical assistance in carrying out the compact.                                                            
06            (b)  Officers and Staff                                                                                      
07                 (1)  The Interstate Commission shall, by a majority of the members,                                     
08       elect annually from among its members a chairperson and a vice chairperson, each of                               
09       whom shall have such authority and duties as may be specified in the by-laws; the                                 
10       chairperson or, in the chairperson's absence or disability, the vice-chairperson shall                            
11       preside at all meetings of the Interstate Commission; the officers elected shall serve                            
12       without compensation or remuneration from the Interstate Commission, provided that,                               
13       subject to the availability of budgeted funds, the officers shall be reimbursed for any                           
14       ordinary and necessary costs and expenses incurred by them in the performance of                                  
15       their duties and responsibilities as officers of the Interstate Commission;                                       
16                 (2)  The Interstate Commission shall, through its executive committee,                                  
17       appoint or retain an executive director for such period, upon such terms and conditions                           
18       and for such compensation as the Interstate Commission may consider appropriate; the                              
19       executive director shall serve as secretary to the Interstate Commission, but may not                             
20       be a member and shall hire and supervise such other staff as may be authorized by the                             
21       Interstate Commission.                                                                                            
22            (c)  Qualified Immunity, Defense, and Indemnification                                                        
23                 (1)  The commission's executive director and employees shall be                                         
24       immune from suit and liability, either personally or in their official capacity, for any                          
25       claim for damage to or loss of property or personal injury or other civil liability caused                        
26       or arising out of or relating to any actual or alleged act, error, or omission that                               
27       occurred, or that such person had a reasonable basis for believing occurred within the                            
28       scope of commission employment, duties, or responsibilities provided, that any such                               
29       person may not be protected from suit or liability for any damage, loss, injury, or                               
30       liability caused by the intentional or willful and wanton misconduct of any such                                  
31       person;                                                                                                           
01                 (2)  The liability of any commissioner, or the employee or agent of a                                   
02       commissioner, acting within the scope of such person's employment or duties for acts,                             
03       errors, or omissions occurring within such person's state may not exceed the limits of                            
04       liability set out under the constitution and laws of that state for state officials,                              
05       employees, and agents; nothing in this subsection shall be construed to protect any                               
06       such person from suit or liability for any damage, loss, injury, or liability caused by                           
07       the intentional or willful and wanton misconduct of any such person;                                              
08                 (3)  The Interstate Commission shall defend the executive director or                                   
09       the employees or representatives of the Interstate Commission and, subject to the                                 
10       approval of the attorney general of the state represented by any commissioner of a                                
11       compacting state, shall defend such commissioner or the commissioner's                                            
12       representatives or employees in any civil action seeking to impose liability arising out                          
13       of any actual or alleged act, error, or omission that occurred within the scope of                                
14       Interstate Commission employment, duties, or responsibilities, or that the defendant                              
15       had a reasonable basis for believing occurred within the scope of Interstate                                      
16       Commission employment, duties, or responsibilities, provided that the actual or                                   
17       alleged act, error, or omission did not result from intentional or willful and wanton                             
18       misconduct on the part of such person;                                                                            
19                 (4)  The Interstate Commission shall indemnify and hold the                                             
20       commissioner of a compacting state, or the commissioner's representatives or                                      
21       employees, or the Interstate Commission's representatives or employees, harmless in                               
22       the amount of any settlement or judgment obtained against such persons arising out of                             
23       any actual or alleged act, error, or omission that occurred within the scope of Interstate                        
24       Commission employment, duties, or responsibilities, or that such persons had a                                    
25       reasonable basis for believing occurred within the scope of Interstate Commission                                 
26       employment, duties, or responsibilities, provided that the actual or alleged act, error,                          
27       or omission did not result from intentional or willful and wanton misconduct on the                               
28       part of such persons.                                                                                             
29                             ARTICLE VI                                                                                  
30         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION                                                               
31            (a)  The Interstate Commission shall promulgate and publish rules in order to                                
01       effectively and efficiently achieve the purposes of the compact.                                                  
02            (b)  Rulemaking shall occur under the criteria set out in this article and the by-                           
03       laws and rules adopted under this article. Such rulemaking shall substantially conform                            
04       to the principles of the Model State Administrative Procedures Act, 1981 Act,                                     
05       Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative                                        
06       procedures act, as the Interstate Commission considers appropriate consistent with due                            
07       process requirements under the United States Constitution as now or hereafter                                     
08       interpreted by the United States Supreme Court. All rules and amendments shall                                    
09       become binding as of the date specified, as published with the final version of the rule                          
10       as approved by the Commission.                                                                                    
11            (c)  When promulgating a rule, the Interstate Commission shall, at a minimum:                                
12                 (1)  Publish the proposed rule's entire text stating the reason or reasons                              
13       for that proposed rule;                                                                                           
14                 (2)  Allow and invite any and all persons to submit written data, facts,                                
15       opinions, and arguments, which information shall be added to the record, and be made                              
16       publicly available;                                                                                               
17                 (3)  Provide an opportunity for an informal hearing if petitioned by 10                                 
18       or more persons; and                                                                                              
19                 (4)  Promulgate a final rule and its effective date, if appropriate, based                              
20       on input from state or local officials, or interested parties.                                                    
21            (d)  Allow, not later than 60 days after a rule is promulgated, any interested                               
22       person to file a petition in the United States District Court for the District of Columbia                        
23       or in the Federal District Court where the Interstate Commission's principal office is                            
24       located for judicial review of such rule. If the court finds that the Interstate                                  
25       Commission's action is not supported by substantial evidence in the rulemaking                                    
26       record, the court shall hold the rule unlawful and set it aside. For purposes of this                             
27       subsection, evidence is substantial if it would be considered substantial evidence under                          
28       the Model State Administrative Procedures Act.                                                                    
29            (e)  If a majority of the legislatures of the compacting states rejects a rule,                              
30       those states may, by enactment of a statute or resolution in the same manner used to                              
31       adopt the compact, cause that such rule shall have no further force and effect in any                             
01       compacting state.                                                                                                 
02            (f)  The existing rules governing the operation of the Interstate Compact on                                 
03       Juveniles superseded by this Act shall be null and void 12 months after the first                                 
04       meeting of the Interstate Commission created under this compact.                                                  
05            (g)  Upon determination by the Interstate Commission that a state-of-                                        
06       emergency exists, it may promulgate an emergency rule that shall become effective                                 
07       immediately upon adoption, provided that the usual rulemaking procedures provided                                 
08       under the compact shall be retroactively applied to the rule as soon as reasonably                                
09       possible, but no later than 90 days after the effective date of the emergency rule.                               
10                             ARTICLE VII                                                                                 
11          OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY                                                              
12                     THE INTERSTATE COMMISSION                                                                           
13            (a)  Oversight                                                                                               
14                 (1)  The Interstate Commission shall oversee the administration and                                     
15       operations of the interstate movement of juveniles subject to this compact in the                                 
16       compacting states and shall monitor such activities being administered in non-                                    
17       compacting states that may significantly affect compacting states;                                                
18                 (2)  The courts and executive agencies in each compacting state shall                                   
19       enforce this compact and shall take all actions necessary and appropriate to effectuate                           
20       the compact's purposes and intent; the provisions of this compact and the rules                                   
21       promulgated under this compact shall be received by all the judges, public officers,                              
22       commissions, and departments of the state government as evidence of the authorized                                
23       statute and administrative rules; all courts shall take judicial notice of the compact and                        
24       the rules; in any judicial or administrative proceeding in a compacting state pertaining                          
25       to the subject matter of this compact that may affect the powers, responsibilities, or                            
26       actions of the Interstate Commission, it shall be entitled to receive all service of                              
27       process in any such proceeding, and shall have standing to intervene in the proceeding                            
28       for all purposes;                                                                                                 
29            (b)  Dispute Resolution                                                                                      
30                 (1)  The compacting states shall report to the Interstate Commission on                                 
31       all issues and activities necessary for the administration of the compact as well as                              
01       issues and activities pertaining to compliance with the provisions of the compact and                             
02       its by-laws and rules;                                                                                            
03                 (2)  The Interstate Commission shall attempt, upon the request of a                                     
04       compacting state, to resolve any disputes or other issues which are subject to the                                
05       compact and which may arise among compacting states and between compacting and                                    
06       non-compacting states; the commission shall promulgate a rule providing for both                                  
07       mediation and binding dispute resolution for disputes among the compacting states;                                
08                 (3)  The Interstate Commission, in the reasonable exercise of its                                       
09       discretion, shall enforce the provisions and rules of this compact using any or all                               
10       means set out in art. XI of this compact.                                                                         
11                             ARTICLE VIII                                                                                
12                              FINANCE                                                                                    
13            (a)  The Interstate Commission shall pay or provide for the payment of the                                   
14       reasonable expenses of its establishment, organization, and ongoing activities.                                   
15            (b)  The Interstate Commission shall levy on and collect an annual assessment                                
16       from each compacting state to cover the cost of the internal operations and activities of                         
17       the Interstate Commission and its staff which must be in a total amount sufficient to                             
18       cover the Interstate Commission's annual budget as approved each year; the aggregate                              
19       annual assessment amount shall be allocated based upon a formula to be determined                                 
20       by the Interstate Commission, taking into consideration the population of each                                    
21       compacting state and the volume of interstate movement of juveniles in each                                       
22       compacting state and shall promulgate a rule binding upon all compacting states which                             
23       governs said assessment.                                                                                          
24            (c)  The Interstate Commission may not incur any obligations of any kind                                     
25       before securing the funds adequate to meet the same, nor shall the Interstate                                     
26       Commission pledge the credit of any of the compacting states, except by and with the                              
27       authority of the compacting state.                                                                                
28            (d)  The Interstate Commission shall keep accurate accounts of all receipts and                              
29       disbursements. The receipts and disbursements of the Interstate Commission shall be                               
30       subject to the audit and accounting procedures established under its by-laws. However,                            
31       all receipts and disbursements of funds handled by the Interstate Commission shall be                             
01       audited yearly by a certified or licensed public accountant and the report of the audit                           
02       shall be included in and become part of the annual report of the Interstate                                       
03       Commission.                                                                                                       
04                             ARTICLE IX                                                                                  
05                         THE STATE COUNCIL                                                                               
06            Each member state shall create a State Council for Interstate Juvenile                                       
07       Supervision. While each state may determine the membership of its own state council,                              
08       its membership must include at least one representative from the legislative, judicial,                           
09       and executive branches of government, victims groups, and the compact                                             
10       administrator, deputy compact administrator or designee. Each compacting state                                    
11       retains the right to determine the qualifications of the compact administrator or deputy                          
12       compact administrator. Each state council will advise and may exercise oversight and                              
13       advocacy concerning that state's participation in Interstate Commission activities and                            
14       other duties as may be determined by that state, including but not limited to,                                    
15       development of policy concerning operations and procedures of the compact within                                  
16       that state.                                                                                                       
17                             ARTICLE X                                                                                   
18          COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT                                                               
19            (a)  Any state, the District of Columbia, or its designee, the Commonwealth of                               
20       Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the                                      
21       Northern Marianas Islands as defined in art. II of this compact is eligible to become a                           
22       compacting state.                                                                                                 
23            (b)  The compact shall become effective and binding upon legislative                                         
24       enactment of the compact into law by no less than 35 of the states. The initial effective                         
25       date shall be the later of July 1, 2004 or upon enactment into law by the 35th                                    
26       jurisdiction. Thereafter it shall become effective and binding as to any other                                    
27       compacting state upon enactment of the compact into law by that state. The governors                              
28       of non-member states or their designees shall be invited to participate in the activities                         
29       of the Interstate Commission on a nonvoting basis before adoption of the compact by                               
30       all states and territories of the United States.                                                                  
31            (c)  The Interstate Commission may propose amendments to the compact for                                     
01       enactment by the compacting states. No amendment shall become effective and                                       
02       binding upon the Interstate Commission and the compacting states unless and until it                              
03       is enacted into law by unanimous consent of the compacting states.                                                
04                             ARTICLE XI                                                                                  
05     WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT                                                          
06            (a)  Withdrawal                                                                                              
07                 (1)  Once effective, the compact shall continue in force and remain                                     
08       binding upon each and every compacting state, provided that a compacting state may                                
09       withdraw from the compact by specifically repealing the statute that enacted the                                  
10       compact into law;                                                                                                 
11                 (2)  The effective date of withdrawal is the effective date of the repeal;                              
12                 (3)  The withdrawing state shall immediately notify the chairperson of                                  
13       the Interstate Commission in writing upon the introduction of legislation repealing this                          
14       compact in the withdrawing state; the Interstate Commission shall notify the other                                
15       compacting states of the withdrawing state's intent to withdraw within 60 days of its                             
16       receipt;                                                                                                          
17                 (4)  The withdrawing state is responsible for all assessments,                                          
18       obligations, and liabilities incurred through the effective date of withdrawal, including                         
19       any obligations, the performance of which extend beyond the effective date of                                     
20       withdrawal;                                                                                                       
21                 (5)  Reinstatement following withdrawal of any compacting state shall                                   
22       occur upon the withdrawing state reenacting the compact or upon such later date as                                
23       determined by the Interstate Commission,                                                                          
24            (b)  Technical Assistance, Fines, Suspension, Termination, and Default                                       
25                 (1)  If the Interstate Commission determines that any compacting state                                  
26       has at any time defaulted in the performance of any of its obligations or                                         
27       responsibilities under this compact, or the by-laws or duly promulgated rules, the                                
28       Interstate Commission may impose any or all of the following penalties;                                           
29                      (A)  remedial training and technical assistance as directed by                                     
30            the Interstate Commission;                                                                                   
31                      (B)  alternative dispute resolution;                                                               
01                      (C)  fines, fees, and costs in amounts as are considered to be                                     
02            reasonable as fixed by the Interstate Commission; and                                                        
03                      (D)  suspension or termination of membership in the compact,                                       
04            which shall be imposed only after all other reasonable means of securing                                     
05            compliance under the by-laws and rules have been exhausted and the Interstate                                
06            Commission has therefore determined that the offending state is in default;                                  
07            immediate notice of suspension shall be given by the Interstate Commission to                                
08            the governor, the chief justice or the chief judicial officer of the state, the                              
09            majority and minority leaders of the defaulting state's legislature, and the state                           
10            council; the grounds for default include, but are not limited to, failure of a                               
11            compacting state to perform such obligations or responsibilities imposed upon                                
12            it by this compact, the by-laws, or duly promulgated rules and any other                                     
13            grounds designated in commission bylaws and rules; the Interstate                                            
14            Commission shall immediately notify the defaulting state in writing of the                                   
15            penalty imposed by the Interstate Commission and of the default pending a                                    
16            cure of the default; the commission shall stipulate the conditions and the time                              
17            period within which the defaulting state must cure its default; if the defaulting                            
18            state fails to cure the default within the time period specified by the                                      
19            commission, the defaulting state shall be terminated from the compact upon an                                
20            affirmative vote of a majority of the compacting states and all rights,                                      
21            privileges, and benefits conferred by this compact shall be terminated from the                              
22            effective date of termination;                                                                               
23                 (2)  Within sixty days of the effective date of termination of a                                        
24       defaulting state, the commission shall notify the governor, the chief justice or chief                            
25       judicial officer, the majority and minority leaders of the defaulting state's legislature,                        
26       and the state council of the termination;                                                                         
27                 (3)  The defaulting state is responsible for all assessments, obligations,                              
28       and liabilities incurred through the effective date of termination including any                                  
29       obligations, the performance of which extends beyond the effective date of                                        
30       termination;                                                                                                      
31                 (4)  The Interstate Commission may not bear any costs relating to the                                   
01       defaulting state unless otherwise mutually agreed upon in writing between the                                     
02       Interstate Commission and the defaulting state;                                                                   
03                 (5)  Reinstatement following termination of any compacting state                                        
04       requires both a reenactment of the compact by the defaulting state and the approval of                            
05       the Interstate Commission under the rules.                                                                        
06            (c)  Judicial Enforcement: the Interstate Commission may, by majority vote of                                
07       the members, initiate legal action in the United States District Court for the District of                        
08       Columbia or, at the discretion of the Interstate Commission, in the federal district                              
09       where the Interstate Commission has its offices, to enforce compliance with the                                   
10       provisions of the compact, its duly promulgated rules and by-laws, against any                                    
11       compacting state in default. In the event judicial enforcement is necessary the                                   
12       prevailing party shall be awarded all costs of such litigation including reasonable                               
13       attorneys fees.                                                                                                   
14            (d)  Dissolution of Compact                                                                                  
15                 (1)  The compact dissolves effective upon the date of the withdrawal or                                 
16       default of the compacting state, which reduces membership in the compact to one                                   
17       compacting state;                                                                                                 
18                 (2)  Upon the dissolution of this compact, the compact becomes null                                     
19       and void and shall be of no further force or effect, and the business and affairs of the                          
20       Interstate Commission shall be concluded and any surplus funds shall be distributed in                            
21       accordance with the by-laws.                                                                                      
22                             ARTICLE XII                                                                                 
23                   SEVERABILITY AND CONSTRUCTION                                                                         
24            (a)  The provisions of this compact shall be severable, and if any phrase,                                   
25       clause, sentence, or provision is deemed unenforceable, the remaining provisions of                               
26       the compact shall be enforceable.                                                                                 
27            (b)  The provisions of this compact shall be liberally construed to effectuate its                           
28       purposes.                                                                                                         
29                             ARTICLE XIII                                                                                
30              BINDING EFFECT OF COMPACT AND OTHER LAWS                                                                   
31            (a)  Other Laws                                                                                              
01                 (1)  Nothing in this compact prevents the enforcement of any other law                                  
02       of a compacting state that is not inconsistent with this compact;                                                 
03                 (2)  All compacting states' laws other than state constitutions and other                               
04       interstate compacts conflicting with this compact are superseded to the extent of the                             
05       conflict.                                                                                                         
06            (b)  Binding Effect of the Compact                                                                           
07                 (1)  All lawful actions of the Interstate Commission, including all rules                               
08       and by-laws promulgated by the Interstate Commission, are binding upon the                                        
09       compacting states;                                                                                                
10                 (2)  All agreements between the Interstate Commission and the                                           
11       compacting states are binding in accordance with their terms;                                                     
12                 (3)  Upon the request of a party to a conflict over meaning or                                          
13       interpretation of Interstate Commission actions, and upon a majority vote of the                                  
14       compacting states, the Interstate Commission may issue advisory opinions regarding                                
15       such meaning or interpretation;                                                                                   
16                 (4)  In the event any provision of this compact exceeds the                                             
17       constitutional limits imposed on the legislature of any compacting state, the                                     
18       obligations, duties, powers, or jurisdiction sought to be conferred by such provision                             
19       upon the Interstate Commission shall be ineffective and such obligations, duties,                                 
20       powers, or jurisdiction shall remain in the compacting state and shall be exercised by                            
21       the agency to which such obligations, duties, powers, or jurisdiction are delegated by                            
22       law in effect at the time this compact becomes effective.                                                         
23    * Sec. 5. AS 47.15.020 is amended to read:                                                                         
24            Sec. 47.15.020. Juvenile compact administrator. Under the compact                                          
25       established under AS 47.15.010, the commissioner of health and social services                            
26       [GOVERNOR] may designate an officer as the compact administrator. [THE                                            
27       ADMINISTRATOR, ACTING JOINTLY WITH LIKE OFFICERS OF OTHER                                                         
28       PARTY STATES, SHALL ADOPT REGULATIONS TO CARRY OUT MORE                                                           
29       EFFECTIVELY THE TERMS OF THE COMPACT. THE COMPACT                                                                 
30       ADMINISTRATOR SERVES SUBJECT TO THE PLEASURE OF THE                                                               
31       GOVERNOR.] The compact administrator shall cooperate with all departments,                                        
01       agencies, and officers of and in the government of this state and its subdivisions in                         
02       facilitating the proper administration of the compact or of a supplementary agreement                             
03       entered into by this state.                                                                                       
04    * Sec. 6. AS 47.15 is amended by adding a new section to read:                                                   
05            Sec. 47.15.025. State council. The State Council for Interstate Adult and                                  
06       Juvenile Offender Supervision created in AS 33.36.140 shall serve as the state council                            
07       under AS 47.15.010.                                                                                               
08    * Sec. 7. AS 47.15 is amended by adding a new section to read:                                                   
09            Sec. 47.15.035. Regulations. The Department of Health and Social Services                                  
10       may adopt regulations to implement the provisions of this chapter.                                                
11    * Sec. 8. AS 47.15.070 is amended to read:                                                                         
12            Sec. 47.15.070. Additional procedures not precluded. In addition to the                                    
13       procedures provided under AS 47.15.010 [IN ARTICLES IV AND VI OF THE                                          
14       COMPACT] for the return of a runaway juvenile, the [PARTICULAR] states that are                               
15       participants to the compact, the juvenile, [OR] the juvenile's parents [, THE                             
16       COURTS,] or other legal custodian, or the courts of the participating states                                  
17       [INVOLVED] may agree upon and adopt any plan or procedure legally authorized                                      
18       under the laws of this state and the other respective party states for the return of the                          
19       runaway juvenile.                                                                                                 
20    * Sec. 9. AS 47.15.080 is amended to read:                                                                         
21            Sec. 47.15.080. Short title. This chapter may be cited as the [UNIFORM]                                    
22       Interstate Compact for [ON] Juveniles.                                                                        
23    * Sec. 10. AS 47.15.050 is repealed.                                                                               
24    * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to                         
25 read:                                                                                                                   
26       INDIRECT COURT RULE AMENDMENTS. The changes made by sec. 4 of this Act                                            
27 have the effect of changing                                                                                             
28            (1)  Rule 4, Alaska Rules of Civil Procedure, by entitling the Interstate                                    
29 Commission for Juveniles to receive service of process of a judicial proceeding in this state                           
30 that pertains to the Interstate Compact for Juveniles set out in AS 47.15.010, as repealed and                          
31 reenacted by sec. 4 of this Act, and in which the validity of a compact provision or rule is an                         
01 issue for which a judicial determination has been sought;                                                               
02            (2)  Rule 24(b), Alaska Rules of Civil Procedure, by entitling the Interstate                                
03 Commission for Juveniles to have standing to intervene in a judicial proceeding in this state                           
04 that pertains to the Interstate Compact for Juveniles set out in AS 47.15.010, as repealed and                          
05 reenacted by sec. 4 of this Act, and in which the validity of a compact provision or rule is an                         
06 issue for which judicial determination has been sought.                                                                 
07    * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to                         
08 read:                                                                                                                   
09       TRANSITION: ACTIONS CONCERNING CERTAIN STATES. The Department of                                                  
10 Health and Social Services may continue to implement the provisions of former                                           
11 AS 47.15.010, as it read on the day before the effective date of this Act, to certain states that                       
12 are compacting states to the Uniform Interstate Compact on Juveniles, but have not yet                                  
13 enacted the Interstate Compact for Juveniles, set out in AS 47.15.010, as repealed and                                  
14 reenacted by sec. 4 of this Act, or a substantially similar form of that compact.                                       
15    * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to                         
16 read:                                                                                                                   
17       CONDITIONAL EFFECT OF CERTAIN PROVISIONS. The provisions of art.                                                  
18 VII(a)(2) of the Interstate Compact for Juveniles set out in AS 47.15.010, as repealed and                              
19 reenacted by sec. 4 of this Act, concerning service of process and standing to intervene, take                          
20 effect only if sec. 11 of this Act receives the two-thirds majority vote of each house required                         
21 by art. IV, sec. 15, Constitution of the State of Alaska.                                                               
22    * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to                         
23 read:                                                                                                                   
24       CONDITIONAL EFFECT OF ACT; COMMISSIONER'S DUTY TO NOTIFY. (a)                                                     
25 secs. 1 - 12 of this Act take effect only if at least 34 states other than this state ratify the                        
26 Interstate Compact for Juveniles.                                                                                       
27       (b)  The commissioner of health and social services or the commissioner's designee                                
28 shall notify the lieutenant governor and the revisor of statutes when at least 34 states other                          
29 than this state have ratified the Interstate Compact for Juveniles.                                                     
30    * Sec. 15. If secs. 1 - 12 of this Act take effect under sec. 14 of this Act, they take effect the                 
31 day after the date on which the commissioner of health and social services or the                                       
01 commissioner's designee notifies the revisor of statutes that at least 34 states other than this                        
02 state have ratified the Interstate Compact for Juveniles, set out in AS 47.15.010, as repealed                          
03 and reenacted by sec. 4 of this Act, or in a substantially similar form, or July 1, 2009,                               
04 whichever is later.