Enrolled HB 141: Relating to the Interstate Compact for Juveniles; relating to the State Council for Interstate Adult and Juvenile Offender Supervision; amending Rules 4 and 24(b), Alaska Rules of Civil Procedure; and providing for an effective date.
00Enrolled 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.