Bill Text: NY S02551 | 2011-2012 | General Assembly | Amended
Bill Title: Adopts the interstate compact for juveniles; relates to the appointment of lawyers for children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-17 - SUBSTITUTED BY A55A [S02551 Detail]
Download: New_York-2011-S02551-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2551--A
2011-2012 Regular Sessions
I N S E N A T E
January 25, 2011
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to the adoption of the
interstate compact for juveniles by the state of New York; to amend
the family court act, in relation to appointment of attorneys for
children; to repeal chapter 155 of the laws of 1955 relating to enact-
ing the interstate compact on juveniles relating thereto; and provid-
ing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 155 of the laws of 1955, enacting the interstate
2 compact on juveniles, is REPEALED.
3 S 2. The executive law is amended by adding a new section 501-e to
4 read as follows:
5 S 501-E. INTERSTATE COMPACT FOR JUVENILES. THE INTERSTATE COMPACT FOR
6 JUVENILES IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL OTHER
7 JURISDICTIONS LEGALLY JOINING THEREIN IN A FORM SUBSTANTIALLY AS
8 FOLLOWS:
9 THE INTERSTATE COMPACT FOR JUVENILES
10 ARTICLE I
11 PURPOSE
12 THE COMPACTING STATES TO THIS INTERSTATE COMPACT RECOGNIZE THAT EACH
13 STATE IS RESPONSIBLE FOR THE PROPER SUPERVISION OR RETURN OF JUVENILES,
14 DELINQUENTS AND STATUS OFFENDERS WHO ARE ON PROBATION OR PAROLE AND WHO
15 HAVE ABSCONDED, ESCAPED OR RUN AWAY FROM SUPERVISION AND CONTROL AND IN
16 SO DOING HAVE ENDANGERED THEIR OWN SAFETY AND THE SAFETY OF OTHERS. THE
17 COMPACTING STATES ALSO RECOGNIZE THAT EACH STATE IS RESPONSIBLE FOR THE
18 SAFE RETURN OF JUVENILES WHO HAVE RUN AWAY FROM HOME AND IN DOING SO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03854-03-1
S. 2551--A 2
1 HAVE LEFT THEIR STATE OF RESIDENCE. THE COMPACTING STATES ALSO RECOGNIZE
2 THAT CONGRESS, BY ENACTING THE CRIME CONTROL ACT, 4 U.S.C. SECTION 112
3 (1965), HAS AUTHORIZED AND ENCOURAGED COMPACTS FOR COOPERATIVE EFFORTS
4 AND MUTUAL ASSISTANCE IN THE PREVENTION OF CRIME. IT IS THE PURPOSE OF
5 THIS COMPACT, THROUGH MEANS OF JOINT AND COOPERATIVE ACTION AMONG THE
6 COMPACTING STATES TO:
7 A. ENSURE THAT THE ADJUDICATED JUVENILES AND STATUS OFFENDERS SUBJECT
8 TO THIS COMPACT ARE PROVIDED ADEQUATE SUPERVISION AND SERVICES IN THE
9 RECEIVING STATE AS ORDERED BY THE ADJUDICATING JUDGE OR PAROLE AUTHORITY
10 IN THE SENDING STATE;
11 B. ENSURE THAT THE PUBLIC SAFETY INTERESTS OF THE CITIZENS, INCLUDING
12 THE VICTIMS OF JUVENILE OFFENDERS, IN BOTH THE SENDING AND RECEIVING
13 STATES ARE ADEQUATELY PROTECTED;
14 C. RETURN JUVENILES WHO HAVE RUN AWAY, ABSCONDED OR ESCAPED FROM
15 SUPERVISION OR CONTROL OR HAVE BEEN ACCUSED OF AN OFFENSE TO THE STATE
16 REQUESTING THEIR RETURN;
17 D. MAKE CONTRACTS FOR THE COOPERATIVE INSTITUTIONALIZATION IN PUBLIC
18 FACILITIES IN MEMBER STATES FOR DELINQUENT YOUTH NEEDING SPECIAL
19 SERVICES;
20 E. PROVIDE FOR THE EFFECTIVE TRACKING AND SUPERVISION OF JUVENILES;
21 F. EQUITABLY ALLOCATE THE COSTS, BENEFITS AND OBLIGATIONS OF THE
22 COMPACTING STATES;
23 G. ESTABLISH PROCEDURES TO MANAGE THE MOVEMENT BETWEEN STATES OF JUVE-
24 NILE OFFENDERS RELEASED TO THE COMMUNITY UNDER THE JURISDICTION OF
25 COURTS, JUVENILE DEPARTMENTS, OR ANY OTHER CRIMINAL OR JUVENILE JUSTICE
26 AGENCY WHICH HAS JURISDICTION OVER JUVENILE OFFENDERS;
27 H. INSURE IMMEDIATE NOTICE TO JURISDICTIONS WHERE DEFINED OFFENDERS
28 ARE AUTHORIZED TO TRAVEL OR TO RELOCATE ACROSS STATE LINES;
29 I. ESTABLISH PROCEDURES TO RESOLVE PENDING CHARGES (DETAINERS) AGAINST
30 JUVENILE OFFENDERS PRIOR TO TRANSFER OR RELEASE TO THE COMMUNITY UNDER
31 THE TERMS OF THIS COMPACT;
32 J. ESTABLISH A SYSTEM OF UNIFORM DATA COLLECTION ON INFORMATION
33 PERTAINING TO JUVENILES SUBJECT TO THIS COMPACT THAT ALLOWS ACCESS BY
34 AUTHORIZED JUVENILE JUSTICE AND CRIMINAL JUSTICE OFFICIALS, AND REGULAR
35 REPORTING OF COMPACT ACTIVITIES TO HEADS OF STATE EXECUTIVE, JUDICIAL,
36 AND LEGISLATIVE BRANCHES AND JUVENILE AND CRIMINAL JUSTICE ADMINISTRA-
37 TORS;
38 K. MONITOR COMPLIANCE WITH RULES GOVERNING INTERSTATE MOVEMENT OF
39 JUVENILES AND INITIATE INTERVENTIONS TO ADDRESS AND CORRECT NONCOMPLI-
40 ANCE;
41 L. COORDINATE TRAINING AND EDUCATION REGARDING THE REGULATION OF
42 INTERSTATE MOVEMENT OF JUVENILES FOR OFFICIALS INVOLVED IN SUCH ACTIV-
43 ITY; AND
44 M. COORDINATE THE IMPLEMENTATION AND OPERATION OF THE COMPACT WITH THE
45 INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN, THE INTERSTATE COMPACT
46 FOR ADULT OFFENDER SUPERVISION AND OTHER COMPACTS AFFECTING JUVENILES
47 PARTICULARLY IN THOSE CASES WHERE CONCURRENT OR OVERLAPPING SUPERVISION
48 ISSUES ARISE.
49 IT IS THE POLICY OF THE COMPACTING STATES THAT THE ACTIVITIES
50 CONDUCTED BY THE INTERSTATE COMMISSION CREATED HEREIN ARE THE FORMATION
51 OF PUBLIC POLICIES AND THEREFORE ARE PUBLIC BUSINESS. FURTHERMORE, THE
52 COMPACTING STATES SHALL COOPERATE AND OBSERVE THEIR INDIVIDUAL AND
53 COLLECTIVE DUTIES AND RESPONSIBILITIES FOR THE PROMPT RETURN AND ACCEPT-
54 ANCE OF JUVENILES SUBJECT TO THE PROVISIONS OF THIS COMPACT. THE
55 PROVISIONS OF THIS COMPACT SHALL BE REASONABLY AND LIBERALLY CONSTRUED
56 TO ACCOMPLISH THE PURPOSES AND POLICIES OF THE COMPACT.
S. 2551--A 3
1 ARTICLE II
2 DEFINITIONS
3 AS USED IN THIS COMPACT, UNLESS THE CONTEXT CLEARLY REQUIRES A DIFFER-
4 ENT CONSTRUCTION:
5 A. "BYLAWS" MEANS THOSE BYLAWS ESTABLISHED BY THE INTERSTATE COMMIS-
6 SION FOR ITS GOVERNANCE, OR FOR DIRECTING OR CONTROLLING ITS ACTIONS OR
7 CONDUCT;
8 B. "COMPACT ADMINISTRATOR" MEANS THE INDIVIDUAL IN EACH COMPACTING
9 STATE APPOINTED PURSUANT TO THE TERMS OF THIS COMPACT, RESPONSIBLE FOR
10 THE ADMINISTRATION AND MANAGEMENT OF THE STATE'S SUPERVISION AND TRANS-
11 FER OF JUVENILES SUBJECT TO THE TERMS OF THIS COMPACT, THE RULES ADOPTED
12 BY THE INTERSTATE COMMISSION AND POLICIES ADOPTED BY THE STATE COUNCIL
13 UNDER THIS COMPACT;
14 C. "COMPACTING STATE" MEANS ANY STATE WHICH HAS ENACTED THE ENABLING
15 LEGISLATION FOR THIS COMPACT;
16 D. "COMMISSIONER" MEANS THE VOTING REPRESENTATIVE OF EACH COMPACTING
17 STATE APPOINTED PURSUANT TO ARTICLE III OF THIS COMPACT;
18 E. "COURT" MEANS ANY COURT HAVING JURISDICTION OVER DELINQUENT,
19 NEGLECTED, OR DEPENDENT CHILDREN;
20 F. "DEPUTY COMPACT ADMINISTRATOR" MEANS THE INDIVIDUAL, IF ANY, IN
21 EACH COMPACTING STATE APPOINTED TO ACT ON BEHALF OF A COMPACT ADMINIS-
22 TRATOR PURSUANT TO THE TERMS OF THIS COMPACT RESPONSIBLE FOR THE ADMIN-
23 ISTRATION AND MANAGEMENT OF THE STATE'S SUPERVISION AND TRANSFER OF
24 JUVENILES SUBJECT TO THE TERMS OF THIS COMPACT, THE RULES ADOPTED BY THE
25 INTERSTATE COMMISSION AND POLICIES ADOPTED BY THE STATE COUNCIL UNDER
26 THIS COMPACT;
27 G. "INTERSTATE COMMISSION" MEANS THE INTERSTATE COMMISSION FOR JUVE-
28 NILES CREATED BY ARTICLE III OF THIS COMPACT;
29 H. "JUVENILE" MEANS ANY PERSON DEFINED AS A JUVENILE IN ANY MEMBER
30 STATE OR BY THE RULES OF THE INTERSTATE COMMISSION, INCLUDING ANY:
31 1. "ACCUSED DELINQUENT" WHICH MEANS A PERSON CHARGED WITH AN OFFENSE
32 THAT, IF COMMITTED BY AN ADULT, WOULD BE A CRIMINAL OFFENSE;
33 2. "ADJUDICATED DELINQUENT" WHICH MEANS A PERSON FOUND TO HAVE COMMIT-
34 TED AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD BE A CRIMINAL
35 OFFENSE;
36 3. "ACCUSED STATUS OFFENDER" WHICH MEANS A PERSON CHARGED WITH AN
37 OFFENSE THAT WOULD NOT BE A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT;
38 4. "ADJUDICATED STATUS OFFENDER" WHICH MEANS A PERSON FOUND TO HAVE
39 COMMITTED AN OFFENSE THAT WOULD NOT BE A CRIMINAL OFFENSE IF COMMITTED
40 BY AN ADULT; AND
41 5. "NON-OFFENDER" WHICH MEANS A PERSON IN NEED OF SUPERVISION WHO HAS
42 NOT BEEN ACCUSED OR ADJUDICATED A STATUS OFFENDER OR DELINQUENT;
43 I. "NON-COMPACTING STATE" MEANS ANY STATE WHICH HAS NOT ENACTED THE
44 ENABLING LEGISLATION FOR THIS COMPACT;
45 J. "PROBATION" OR "PAROLE" MEANS ANY KIND OF SUPERVISION OR CONDI-
46 TIONAL RELEASE OF JUVENILES AUTHORIZED UNDER THE LAWS OF THE COMPACTING
47 STATES;
48 K. "RULE" MEANS A WRITTEN STATEMENT BY THE INTERSTATE COMMISSION
49 PROMULGATED PURSUANT TO ARTICLE VI OF THIS COMPACT THAT IS OF GENERAL
50 APPLICABILITY, IMPLEMENTS, INTERPRETS OR PRESCRIBES A POLICY OR
51 PROVISION OF THE COMPACT, OR AN ORGANIZATIONAL, PROCEDURAL, OR PRACTICAL
52 REQUIREMENT OF THE COMMISSION, AND HAS THE FORCE AND EFFECT OF STATUTORY
53 LAW IN A COMPACTING STATE, AND INCLUDES THE AMENDMENT, REPEAL, OR
54 SUSPENSION OF AN EXISTING RULE; AND
S. 2551--A 4
1 L. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
2 BIA (OR ITS DESIGNEE), THE COMMONWEALTH OF PUERTO RICO, THE U.S. VIRGIN
3 ISLANDS, GUAM, AMERICAN SAMOA, AND THE NORTHERN MARIANAS ISLANDS.
4 ARTICLE III
5 INTERSTATE COMMISSION FOR JUVENILES
6 A. THE COMPACTING STATES HEREBY CREATE THE "INTERSTATE COMMISSION FOR
7 JUVENILES." THE COMMISSION SHALL BE A BODY CORPORATE AND JOINT AGENCY OF
8 THE COMPACTING STATES. THE COMMISSION SHALL HAVE ALL THE RESPONSIBIL-
9 ITIES, POWERS AND DUTIES SET FORTH HEREIN, AND SUCH ADDITIONAL POWERS AS
10 MAY BE CONFERRED UPON IT BY SUBSEQUENT ACTION OF THE RESPECTIVE LEGISLA-
11 TURES OF THE COMPACTING STATES IN ACCORDANCE WITH THE TERMS OF THIS
12 COMPACT.
13 B. THE INTERSTATE COMMISSION SHALL CONSIST OF COMMISSIONERS APPOINTED
14 BY THE APPROPRIATE APPOINTING AUTHORITY IN EACH STATE PURSUANT TO THE
15 RULES AND REQUIREMENTS OF EACH COMPACTING STATE AND IN CONSULTATION WITH
16 THE STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION CREATED HEREUNDER.
17 THE COMMISSIONER SHALL BE THE COMPACT ADMINISTRATOR, DEPUTY COMPACT
18 ADMINISTRATOR OR DESIGNEE FROM THAT STATE WHO SHALL SERVE ON THE INTER-
19 STATE COMMISSION IN SUCH CAPACITY UNDER OR PURSUANT TO THE APPLICABLE
20 LAW OF THE COMPACTING STATE.
21 C. IN ADDITION TO THE COMMISSIONERS WHO ARE THE VOTING REPRESENTATIVES
22 OF EACH STATE, THE INTERSTATE COMMISSION SHALL INCLUDE INDIVIDUALS WHO
23 ARE NOT COMMISSIONERS, BUT WHO ARE MEMBERS OF INTERESTED ORGANIZATIONS.
24 SUCH NON-COMMISSIONER MEMBERS MUST INCLUDE A MEMBER OF THE NATIONAL
25 ORGANIZATIONS OF GOVERNORS, LEGISLATORS, STATE CHIEF JUSTICES, ATTORNEYS
26 GENERAL, INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION, INTERSTATE
27 COMPACT FOR THE PLACEMENT OF CHILDREN, JUVENILE JUSTICE AND JUVENILE
28 CORRECTIONS OFFICIALS, AND CRIME VICTIMS. ALL NON-COMMISSIONER MEMBERS
29 OF THE INTERSTATE COMMISSION SHALL BE EX-OFFICIO (NON-VOTING) MEMBERS.
30 THE INTERSTATE COMMISSION MAY PROVIDE IN ITS BYLAWS FOR SUCH ADDITIONAL
31 EX-OFFICIO (NON-VOTING) MEMBERS, INCLUDING MEMBERS OF OTHER NATIONAL
32 ORGANIZATIONS, IN SUCH NUMBERS AS SHALL BE DETERMINED BY THE COMMISSION.
33 D. EACH COMPACTING STATE REPRESENTED AT ANY MEETING OF THE COMMISSION
34 IS ENTITLED TO ONE VOTE. A MAJORITY OF THE COMPACTING STATES SHALL
35 CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS, UNLESS A LARGER
36 QUORUM IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION.
37 E. THE COMMISSION SHALL MEET AT LEAST ONCE EACH CALENDAR YEAR. THE
38 CHAIRPERSON MAY CALL ADDITIONAL MEETINGS AND, UPON THE REQUEST OF A
39 SIMPLE MAJORITY OF THE COMPACTING STATES, SHALL CALL ADDITIONAL MEET-
40 INGS. PUBLIC NOTICE SHALL BE GIVEN OF ALL MEETINGS AND MEETINGS SHALL BE
41 OPEN TO THE PUBLIC.
42 F. THE INTERSTATE COMMISSION SHALL ESTABLISH AN EXECUTIVE COMMITTEE,
43 WHICH SHALL INCLUDE COMMISSION OFFICERS, MEMBERS, AND OTHERS AS DETER-
44 MINED BY THE BYLAWS. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO
45 ACT ON BEHALF OF THE INTERSTATE COMMISSION DURING PERIODS WHEN THE
46 INTERSTATE COMMISSION IS NOT IN SESSION, WITH THE EXCEPTION OF RULEMAK-
47 ING AND/OR AMENDMENT TO THE COMPACT. THE EXECUTIVE COMMITTEE SHALL OVER-
48 SEE THE DAY-TO-DAY ACTIVITIES OF THE ADMINISTRATION OF THE COMPACT
49 MANAGED BY AN EXECUTIVE DIRECTOR AND INTERSTATE COMMISSION STAFF; ADMIN-
50 ISTER ENFORCEMENT AND COMPLIANCE WITH THE PROVISIONS OF THE COMPACT, ITS
51 BYLAWS AND RULES, AND PERFORM SUCH OTHER DUTIES AS DIRECTED BY THE
52 INTERSTATE COMMISSION OR SET FORTH IN THE BYLAWS.
53 G. EACH MEMBER OF THE INTERSTATE COMMISSION SHALL HAVE THE RIGHT AND
54 POWER TO CAST A VOTE TO WHICH THAT COMPACTING STATE IS ENTITLED AND TO
55 PARTICIPATE IN THE BUSINESS AND AFFAIRS OF THE INTERSTATE COMMISSION. A
S. 2551--A 5
1 MEMBER SHALL VOTE IN PERSON AND SHALL NOT DELEGATE A VOTE TO ANOTHER
2 COMPACTING STATE. HOWEVER, A COMMISSIONER, IN CONSULTATION WITH THE
3 STATE COUNCIL, SHALL APPOINT ANOTHER AUTHORIZED REPRESENTATIVE, IN THE
4 ABSENCE OF THE COMMISSIONER FROM THAT STATE, TO CAST A VOTE ON BEHALF OF
5 THE COMPACTING STATE AT A SPECIFIED MEETING. THE BYLAWS MAY PROVIDE FOR
6 MEMBERS' PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF TELE-
7 COMMUNICATION OR ELECTRONIC COMMUNICATION.
8 H. THE INTERSTATE COMMISSION'S BYLAWS SHALL ESTABLISH CONDITIONS AND
9 PROCEDURES UNDER WHICH THE INTERSTATE COMMISSION SHALL MAKE ITS INFORMA-
10 TION AND OFFICIAL RECORDS AVAILABLE TO THE PUBLIC FOR INSPECTION OR
11 COPYING. THE INTERSTATE COMMISSION MAY EXEMPT FROM DISCLOSURE ANY INFOR-
12 MATION OR OFFICIAL RECORDS TO THE EXTENT THEY WOULD ADVERSELY AFFECT
13 PERSONAL PRIVACY RIGHTS OR PROPRIETARY INTERESTS.
14 I. PUBLIC NOTICE SHALL BE GIVEN OF ALL MEETINGS AND ALL MEETINGS SHALL
15 BE OPEN TO THE PUBLIC, EXCEPT AS SET FORTH IN THE RULES OR AS OTHERWISE
16 PROVIDED IN THE COMPACT. THE INTERSTATE COMMISSION AND ANY OF ITS
17 COMMITTEES MAY CLOSE A MEETING TO THE PUBLIC WHERE IT DETERMINES BY
18 TWO-THIRDS VOTE THAT AN OPEN MEETING WOULD BE LIKELY TO:
19 1. RELATE SOLELY TO THE INTERSTATE COMMISSION'S INTERNAL PERSONNEL
20 PRACTICES AND PROCEDURES;
21 2. DISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY STATUTE;
22 3. DISCLOSE TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION WHICH
23 IS PRIVILEGED OR CONFIDENTIAL;
24 4. INVOLVE ACCUSING ANY PERSON OF A CRIME, OR FORMALLY CENSURING ANY
25 PERSON;
26 5. DISCLOSE INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE WOULD
27 CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
28 6. DISCLOSE INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT
29 PURPOSES;
30 7. DISCLOSE INFORMATION CONTAINED IN OR RELATED TO EXAMINATION, OPER-
31 ATING OR CONDITION REPORTS PREPARED BY, OR ON BEHALF OF OR FOR THE USE
32 OF, THE INTERSTATE COMMISSION WITH RESPECT TO A REGULATED PERSON OR
33 ENTITY FOR THE PURPOSE OF REGULATION OR SUPERVISION OF SUCH PERSON OR
34 ENTITY;
35 8. DISCLOSE INFORMATION, THE PREMATURE DISCLOSURE OF WHICH WOULD
36 SIGNIFICANTLY ENDANGER THE STABILITY OF A REGULATED PERSON OR ENTITY; OR
37 9. SPECIFICALLY RELATE TO THE INTERSTATE COMMISSION'S ISSUANCE OF A
38 SUBPOENA, OR ITS PARTICIPATION IN A CIVIL ACTION OR OTHER LEGAL PROCEED-
39 ING.
40 J. FOR EVERY MEETING CLOSED PURSUANT TO THIS PROVISION, THE INTERSTATE
41 COMMISSION'S LEGAL COUNSEL SHALL PUBLICLY CERTIFY THAT, IN THE LEGAL
42 COUNSEL'S OPINION, THE MEETING MAY BE CLOSED TO THE PUBLIC, AND SHALL
43 REFERENCE EACH RELEVANT EXEMPTIVE PROVISION. THE INTERSTATE COMMISSION
44 SHALL KEEP MINUTES WHICH SHALL FULLY AND CLEARLY DESCRIBE ALL MATTERS
45 DISCUSSED IN ANY MEETING AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY
46 OF ANY ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A DESCRIPTION
47 OF EACH OF THE VIEWS EXPRESSED ON ANY ITEM AND THE RECORD OF ANY ROLL
48 CALL VOTE (REFLECTED IN THE VOTE OF EACH MEMBER ON THE QUESTION). ALL
49 DOCUMENTS CONSIDERED IN CONNECTION WITH ANY ACTION SHALL BE IDENTIFIED
50 IN SUCH MINUTES.
51 K. THE INTERSTATE COMMISSION SHALL COLLECT STANDARDIZED DATA CONCERN-
52 ING THE INTERSTATE MOVEMENT OF JUVENILES AS DIRECTED THROUGH ITS RULES
53 WHICH SHALL SPECIFY THE DATA TO BE COLLECTED, THE MEANS OF COLLECTION
54 AND DATA EXCHANGE AND REPORTING REQUIREMENTS. SUCH METHODS OF DATA
55 COLLECTION, EXCHANGE AND REPORTING SHALL INSOFAR AS IS REASONABLY POSSI-
S. 2551--A 6
1 BLE CONFORM TO UP-TO-DATE TECHNOLOGY AND COORDINATE ITS INFORMATION
2 FUNCTIONS WITH THE APPROPRIATE REPOSITORY OF RECORDS.
3 ARTICLE IV
4 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
5 THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
6 A. TO PROVIDE FOR DISPUTE RESOLUTION AMONG COMPACTING STATES;
7 B. TO PROMULGATE RULES TO EFFECT THE PURPOSES AND OBLIGATIONS AS
8 ENUMERATED IN THIS COMPACT, WHICH SHALL HAVE THE FORCE AND EFFECT OF
9 STATUTORY LAW AND SHALL BE BINDING IN THE COMPACTING STATES TO THE
10 EXTENT AND IN THE MANNER PROVIDED IN THIS COMPACT;
11 C. TO OVERSEE, SUPERVISE AND COORDINATE THE INTERSTATE MOVEMENT OF
12 JUVENILES SUBJECT TO THE TERMS OF THIS COMPACT AND ANY BYLAWS ADOPTED
13 AND RULES PROMULGATED BY THE INTERSTATE COMMISSION;
14 D. TO ENFORCE COMPLIANCE WITH THE COMPACT PROVISIONS, THE RULES
15 PROMULGATED BY THE INTERSTATE COMMISSION, AND THE BYLAWS, USING ALL
16 NECESSARY AND PROPER MEANS, INCLUDING BUT NOT LIMITED TO THE USE OF
17 JUDICIAL PROCESS;
18 E. TO ESTABLISH AND MAINTAIN OFFICES WHICH SHALL BE LOCATED WITHIN ONE
19 OR MORE OF THE COMPACTING STATES;
20 F. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
21 G. TO BORROW, ACCEPT, HIRE OR CONTRACT FOR SERVICES OF PERSONNEL;
22 H. TO ESTABLISH AND APPOINT COMMITTEES AND HIRE STAFF WHICH IT DEEMS
23 NECESSARY FOR THE CARRYING OUT OF ITS FUNCTIONS INCLUDING, BUT NOT
24 LIMITED TO, AN EXECUTIVE COMMITTEE AS REQUIRED BY ARTICLE III OF THIS
25 COMPACT WHICH SHALL HAVE THE POWER TO ACT ON BEHALF OF THE INTERSTATE
26 COMMISSION IN CARRYING OUT ITS POWERS AND DUTIES HEREUNDER;
27 I. TO ELECT OR APPOINT SUCH OFFICERS, ATTORNEYS, EMPLOYEES, AGENTS, OR
28 CONSULTANTS, AND TO FIX THEIR COMPENSATION, DEFINE THEIR DUTIES AND
29 DETERMINE THEIR QUALIFICATIONS; AND TO ESTABLISH THE INTERSTATE COMMIS-
30 SION'S PERSONNEL POLICIES AND PROGRAMS RELATING TO, INTER ALIA,
31 CONFLICTS OF INTEREST, RATES OF COMPENSATION, AND QUALIFICATIONS OF
32 PERSONNEL;
33 J. TO ACCEPT ANY AND ALL DONATIONS AND GRANTS OF MONEY, EQUIPMENT,
34 SUPPLIES, MATERIALS, AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE
35 OF IT;
36 K. TO LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF, OR OTHER-
37 WISE TO OWN, HOLD, IMPROVE OR USE ANY PROPERTY, REAL, PERSONAL, OR
38 MIXED;
39 L. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON, OR
40 OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED;
41 M. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES AND LEVY DUES AS
42 PROVIDED IN ARTICLE VIII OF THIS COMPACT;
43 N. TO SUE AND BE SUED;
44 O. TO ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION
45 OF THE INTERSTATE COMMISSION;
46 P. TO PERFORM SUCH FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
47 ACHIEVE THE PURPOSES OF THIS COMPACT;
48 Q. TO REPORT ANNUALLY TO THE LEGISLATURES, GOVERNORS, JUDICIARY, AND
49 STATE COUNCILS OF THE COMPACTING STATES CONCERNING THE ACTIVITIES OF THE
50 INTERSTATE COMMISSION DURING THE PRECEDING YEAR. SUCH REPORTS SHALL ALSO
51 INCLUDE ANY RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE INTERSTATE
52 COMMISSION;
53 R. TO COORDINATE EDUCATION, TRAINING AND PUBLIC AWARENESS REGARDING
54 THE INTERSTATE MOVEMENT OF JUVENILES FOR OFFICIALS INVOLVED IN SUCH
55 ACTIVITY;
S. 2551--A 7
1 S. TO ESTABLISH UNIFORM STANDARDS OF THE REPORTING, COLLECTING AND
2 EXCHANGING OF DATA; AND
3 T. THE INTERSTATE COMMISSION SHALL MAINTAIN ITS CORPORATE BOOKS AND
4 RECORDS IN ACCORDANCE WITH THE BYLAWS.
5 ARTICLE V
6 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
7 A. BYLAWS.
8 THE INTERSTATE COMMISSION SHALL, BY A MAJORITY OF THE MEMBERS PRESENT
9 AND VOTING, WITHIN TWELVE MONTHS AFTER THE FIRST INTERSTATE COMMISSION
10 MEETING, ADOPT BYLAWS TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
11 APPROPRIATE TO CARRY OUT THE PURPOSES OF THE COMPACT, INCLUDING, BUT NOT
12 LIMITED TO:
13 A. ESTABLISHING THE FISCAL YEAR OF THE INTERSTATE COMMISSION;
14 B. ESTABLISHING AN EXECUTIVE COMMITTEE AND SUCH OTHER COMMITTEES AS
15 MAY BE NECESSARY;
16 C. PROVIDING FOR THE ESTABLISHMENT OF COMMITTEES GOVERNING ANY GENERAL
17 OR SPECIFIC DELEGATION OF ANY AUTHORITY OR FUNCTION OF THE INTERSTATE
18 COMMISSION;
19 D. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEETINGS
20 OF THE INTERSTATE COMMISSION, AND ENSURING REASONABLE NOTICE OF EACH
21 SUCH MEETING;
22 E. ESTABLISHING THE TITLES AND RESPONSIBILITIES OF THE OFFICERS OF THE
23 INTERSTATE COMMISSION;
24 F. PROVIDING A MECHANISM FOR CONCLUDING THE OPERATIONS OF THE INTER-
25 STATE COMMISSION AND THE RETURN OF ANY SURPLUS FUNDS THAT MAY EXIST UPON
26 THE TERMINATION OF THE COMPACT AFTER THE PAYMENT AND/OR RESERVING OF ALL
27 OF ITS DEBTS AND OBLIGATIONS;
28 G. PROVIDING "START-UP" RULES FOR INITIAL ADMINISTRATION OF THE
29 COMPACT; AND
30 H. ESTABLISHING STANDARDS AND PROCEDURES FOR COMPLIANCE AND TECHNICAL
31 ASSISTANCE IN CARRYING OUT THE COMPACT.
32 B. OFFICERS AND STAFF.
33 1. THE INTERSTATE COMMISSION SHALL, BY A MAJORITY OF THE MEMBERS,
34 ELECT ANNUALLY FROM AMONG ITS MEMBERS A CHAIRPERSON AND A VICE-CHAIRPER-
35 SON, EACH OF WHOM SHALL HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECI-
36 FIED IN THE BYLAWS. THE CHAIRPERSON OR, IN THE CHAIRPERSON'S ABSENCE OR
37 DISABILITY, THE VICE-CHAIRPERSON SHALL PRESIDE AT ALL MEETINGS OF THE
38 INTERSTATE COMMISSION. THE OFFICERS SO ELECTED SHALL SERVE WITHOUT
39 COMPENSATION OR REMUNERATION FROM THE INTERSTATE COMMISSION; PROVIDED
40 THAT, SUBJECT TO THE AVAILABILITY OF BUDGETED FUNDS, THE OFFICERS SHALL
41 BE REIMBURSED FOR ANY ORDINARY AND NECESSARY COSTS AND EXPENSES INCURRED
42 BY THEM IN THE PERFORMANCE OF THEIR DUTIES AND RESPONSIBILITIES AS OFFI-
43 CERS OF THE INTERSTATE COMMISSION.
44 2. THE INTERSTATE COMMISSION SHALL, THROUGH ITS EXECUTIVE COMMITTEE,
45 APPOINT OR RETAIN AN EXECUTIVE DIRECTOR FOR SUCH PERIOD, UPON SUCH TERMS
46 AND CONDITIONS AND FOR SUCH COMPENSATION AS THE INTERSTATE COMMISSION
47 MAY DEEM APPROPRIATE. THE EXECUTIVE DIRECTOR SHALL SERVE AS SECRETARY TO
48 THE INTERSTATE COMMISSION, BUT SHALL NOT BE A MEMBER AND SHALL HIRE AND
49 SUPERVISE SUCH OTHER STAFF AS MAY BE AUTHORIZED BY THE INTERSTATE
50 COMMISSION.
51 C. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION.
52 1. THE INTERSTATE COMMISSION'S EXECUTIVE DIRECTOR AND EMPLOYEES SHALL
53 BE IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFI-
54 CIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR
55 PERSONAL INJURY OR OTHER CIVIL LIABILITY CAUSED OR ARISING OUT OF OR
S. 2551--A 8
1 RELATING TO ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED,
2 OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN
3 THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBIL-
4 ITIES; PROVIDED, THAT ANY SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT
5 OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY THE
6 INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF ANY SUCH PERSON.
7 2. THE LIABILITY OF ANY COMMISSIONER, OR THE EMPLOYEE OR AGENT OF A
8 COMMISSIONER, ACTING WITHIN THE SCOPE OF SUCH PERSON'S EMPLOYMENT OR
9 DUTIES FOR ACTS, ERRORS, OR OMISSIONS OCCURRING WITHIN SUCH PERSON'S
10 STATE MAY NOT EXCEED THE LIMITS OF LIABILITY SET FORTH UNDER THE CONSTI-
11 TUTION AND LAWS OF THAT STATE FOR STATE OFFICIALS, EMPLOYEES, AND
12 AGENTS. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROTECT ANY
13 SUCH PERSON FROM SUIT OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR
14 LIABILITY CAUSED BY THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF
15 ANY SUCH PERSON.
16 3. THE INTERSTATE COMMISSION SHALL DEFEND THE EXECUTIVE DIRECTOR OR
17 THE EMPLOYEES OR REPRESENTATIVES OF THE INTERSTATE COMMISSION AND,
18 SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OF THE STATE REPRESENTED
19 BY ANY COMMISSIONER OF A COMPACTING STATE, SHALL DEFEND SUCH COMMISSION-
20 ER OR THE COMMISSIONER'S REPRESENTATIVES OR EMPLOYEES IN ANY CIVIL
21 ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED
22 ACT, ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF INTERSTATE
23 COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES, OR THAT THE DEFEND-
24 ANT HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
25 INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES, PROVIDED
26 THAT THE ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM
27 INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT ON THE PART OF SUCH PERSON.
28 4. THE INTERSTATE COMMISSION SHALL INDEMNIFY AND HOLD THE COMMISSIONER
29 OF A COMPACTING STATE, OR THE COMMISSIONER'S REPRESENTATIVES OR EMPLOY-
30 EES, OR THE INTERSTATE COMMISSION'S REPRESENTATIVES OR EMPLOYEES, HARM-
31 LESS IN THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST SUCH
32 PERSONS ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
33 THAT OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT,
34 DUTIES, OR RESPONSIBILITIES, OR THAT SUCH PERSONS HAD A REASONABLE BASIS
35 FOR BELIEVING OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOY-
36 MENT, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED
37 ACT, ERROR, OR OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND
38 WANTON MISCONDUCT ON THE PART OF SUCH PERSONS.
39 ARTICLE VI
40 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
41 A. THE INTERSTATE COMMISSION SHALL PROMULGATE AND PUBLISH RULES IN
42 ORDER TO EFFECTIVELY AND EFFICIENTLY ACHIEVE THE PURPOSES OF THE
43 COMPACT.
44 B. RULEMAKING SHALL OCCUR PURSUANT TO THE CRITERIA SET FORTH IN THIS
45 ARTICLE AND THE BYLAWS AND RULES ADOPTED PURSUANT THERETO. SUCH RULEMAK-
46 ING SHALL SUBSTANTIALLY CONFORM TO THE PRINCIPLES OF THE "MODEL STATE
47 ADMINISTRATIVE PROCEDURES ACT," 1981 ACT, UNIFORM LAWS ANNOTATED, VOL.
48 15, P.1 (2000), OR SUCH OTHER ADMINISTRATIVE PROCEDURES ACTS, AS THE
49 INTERSTATE COMMISSION DEEMS APPROPRIATE, CONSISTENT WITH DUE PROCESS
50 REQUIREMENTS UNDER THE UNITED STATES CONSTITUTION AS NOW OR HEREAFTER
51 INTERPRETED BY THE UNITED STATES SUPREME COURT. ALL RULES AND AMENDMENTS
52 SHALL BECOME BINDING AS OF THE DATE SPECIFIED, AS PUBLISHED WITH THE
53 FINAL VERSION OF THE RULES AS APPROVED BY THE INTERSTATE COMMISSION.
54 C. WHEN PROMULGATING A RULE, THE INTERSTATE COMMISSION SHALL, AT A
55 MINIMUM:
S. 2551--A 9
1 1. PUBLISH THE PROPOSED RULE'S ENTIRE TEXT STATING THE REASON OR
2 REASONS FOR THAT PROPOSED RULE;
3 2. ALLOW AND INVITE ANY AND ALL PERSONS TO SUBMIT WRITTEN DATA, FACTS,
4 OPINIONS AND ARGUMENTS, WHICH INFORMATION SHALL BE ADDED TO THE RECORD,
5 AND BE MADE PUBLICLY AVAILABLE;
6 3. PROVIDE AN OPPORTUNITY FOR AN INFORMAL HEARING IF PETITIONED BY TEN
7 OR MORE PERSONS;
8 4. PROMULGATE A FINAL RULE AND ITS EFFECTIVE DATE, IF APPROPRIATE,
9 BASED ON INPUT FROM STATE OR LOCAL OFFICIALS, OR INTERESTED PARTIES; AND
10 5. ALLOW, NOT LATER THAN SIXTY DAYS AFTER A RULE IS PROMULGATED, ANY
11 INTERESTED PERSON TO FILE A PETITION IN THE UNITED STATES DISTRICT COURT
12 FOR THE DISTRICT OF COLUMBIA OR IN THE FEDERAL DISTRICT COURT WHERE THE
13 INTERSTATE COMMISSION'S PRINCIPAL OFFICE IS LOCATED FOR JUDICIAL REVIEW
14 OF SUCH RULE. IF THE COURT FINDS THAT THE INTERSTATE COMMISSION'S ACTION
15 IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE RULEMAKING RECORD, THE
16 COURT SHALL HOLD THE RULE UNLAWFUL AND SET IT ASIDE. FOR PURPOSES OF
17 THIS SUBDIVISION, EVIDENCE IS SUBSTANTIAL IF IT WOULD BE CONSIDERED
18 SUBSTANTIAL EVIDENCE UNDER THE MODEL STATE ADMINISTRATIVE PROCEDURES
19 ACT.
20 D. IF A MAJORITY OF THE LEGISLATURES OF THE COMPACTING STATES REJECTS
21 A RULE, THOSE STATES MAY, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE
22 SAME MANNER USED TO ADOPT THE COMPACT, CAUSE SUCH RULE TO HAVE NO
23 FURTHER FORCE AND EFFECT IN ANY COMPACTING STATE.
24 E. THE EXISTING RULES GOVERNING THE OPERATION OF THE INTERSTATE
25 COMPACT ON JUVENILES SUPERSEDED BY THIS ACT SHALL BE NULL AND VOID
26 TWELVE MONTHS AFTER THE FIRST MEETING OF THE INTERSTATE COMMISSION
27 CREATED HEREUNDER.
28 F. UPON DETERMINATION BY THE INTERSTATE COMMISSION THAT A STATE OF
29 EMERGENCY EXISTS, IT MAY PROMULGATE AN EMERGENCY RULE WHICH SHALL BECOME
30 EFFECTIVE IMMEDIATELY UPON ADOPTION, PROVIDED THAT THE USUAL RULEMAKING
31 PROCEDURES PROVIDED HEREUNDER SHALL BE RETROACTIVELY APPLIED TO SAID
32 RULE AS SOON AS REASONABLY POSSIBLE, BUT NO LATER THAN NINETY DAYS AFTER
33 THE EFFECTIVE DATE OF THE EMERGENCY RULE.
34 ARTICLE VII
35 OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE
36 COMMISSION
37 A. OVERSIGHT.
38 1. THE INTERSTATE COMMISSION SHALL OVERSEE THE ADMINISTRATION AND
39 OPERATIONS OF THE INTERSTATE MOVEMENT OF JUVENILES SUBJECT TO THIS
40 COMPACT IN THE COMPACTING STATES AND SHALL MONITOR SUCH ACTIVITIES BEING
41 ADMINISTERED IN NON-COMPACTING STATES WHICH MAY SIGNIFICANTLY AFFECT
42 COMPACTING STATES.
43 2. THE COURTS AND EXECUTIVE AGENCIES IN EACH COMPACTING STATE SHALL
44 ENFORCE THIS COMPACT AND SHALL TAKE ALL ACTIONS NECESSARY AND APPROPRI-
45 ATE TO EFFECTUATE THE COMPACT'S PURPOSES AND INTENT. THE PROVISIONS OF
46 THIS COMPACT AND THE RULES PROMULGATED HEREUNDER SHALL BE RECEIVED BY
47 ALL THE JUDGES, PUBLIC OFFICERS, COMMISSIONS, AND DEPARTMENTS OF THE
48 STATE GOVERNMENT AS EVIDENCE OF THE AUTHORIZED STATUTE AND ADMINISTRA-
49 TIVE RULES. ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE
50 RULES. IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A COMPACTING
51 STATE PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT
52 THE POWERS, RESPONSIBILITIES, OR ACTIONS OF THE INTERSTATE COMMISSION,
53 IT SHALL BE ENTITLED TO RECEIVE ALL SERVICE OF PROCESS IN ANY SUCH
54 PROCEEDING, AND SHALL HAVE STANDING TO INTERVENE IN THE PROCEEDING FOR
55 ALL PURPOSES.
S. 2551--A 10
1 B. DISPUTE RESOLUTION.
2 1. THE COMPACTING STATES SHALL REPORT TO THE INTERSTATE COMMISSION ON
3 ALL ISSUES AND ACTIVITIES NECESSARY FOR THE ADMINISTRATION OF THE
4 COMPACT AS WELL AS ISSUES AND ACTIVITIES PERTAINING TO COMPLIANCE WITH
5 THE PROVISIONS OF THE COMPACT AND ITS BYLAWS AND RULES.
6 2. THE INTERSTATE COMMISSION SHALL ATTEMPT, UPON THE REQUEST OF A
7 COMPACTING STATE, TO RESOLVE ANY DISPUTES OR OTHER ISSUES WHICH ARE
8 SUBJECT TO THE COMPACT AND WHICH MAY ARISE AMONG COMPACTING STATES AND
9 BETWEEN COMPACTING AND NON-COMPACTING STATES. THE COMMISSION SHALL
10 PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION AND BINDING DISPUTE
11 RESOLUTION FOR DISPUTES AMONG THE COMPACTING STATES.
12 3. THE INTERSTATE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
13 DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT USING
14 ANY OR ALL MEANS SET FORTH IN ARTICLE XI OF THIS COMPACT.
15 ARTICLE VIII
16 FINANCE
17 A. THE INTERSTATE COMMISSION SHALL PAY OR PROVIDE FOR THE PAYMENT OF
18 THE REASONABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION AND ONGOING
19 ACTIVITIES.
20 B. THE INTERSTATE COMMISSION SHALL LEVY ON AND COLLECT AN ANNUAL
21 ASSESSMENT FROM EACH COMPACTING STATE TO COVER THE COST OF THE INTERNAL
22 OPERATIONS AND ACTIVITIES OF THE INTERSTATE COMMISSION AND ITS STAFF
23 WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER THE INTERSTATE
24 COMMISSION'S ANNUAL BUDGET AS APPROVED EACH YEAR. THE AGGREGATE ANNUAL
25 ASSESSMENT AMOUNT SHALL BE ALLOCATED BASED UPON A FORMULA TO BE DETER-
26 MINED BY THE INTERSTATE COMMISSION, TAKING INTO CONSIDERATION THE POPU-
27 LATION OF EACH COMPACTING STATE AND THE VOLUME OF INTERSTATE MOVEMENT OF
28 JUVENILES IN EACH COMPACTING STATE AND SHALL PROMULGATE A RULE BINDING
29 UPON ALL COMPACTING STATES WHICH GOVERNS SAID ASSESSMENT.
30 C. THE INTERSTATE COMMISSION SHALL NOT INCUR ANY OBLIGATIONS OF ANY
31 KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL
32 THE INTERSTATE COMMISSION PLEDGE THE CREDIT OF ANY OF THE COMPACTING
33 STATES, EXCEPT BY AND WITH THE AUTHORITY OF THE COMPACTING STATE.
34 D. THE INTERSTATE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
35 RECEIPTS AND DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE INTER-
36 STATE COMMISSION SHALL BE SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES
37 ESTABLISHED UNDER ITS BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS
38 OF FUNDS HANDLED BY THE INTERSTATE COMMISSION SHALL BE AUDITED YEARLY BY
39 A CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE REPORT OF THE AUDIT
40 SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL REPORT OF THE INTER-
41 STATE COMMISSION.
42 ARTICLE IX
43 THE STATE COUNCIL
44 EACH MEMBER STATE SHALL CREATE A STATE COUNCIL FOR INTERSTATE JUVENILE
45 SUPERVISION. WHILE EACH STATE MAY DETERMINE THE MEMBERSHIP OF ITS OWN
46 STATE COUNCIL, ITS MEMBERSHIP MUST INCLUDE AT LEAST ONE REPRESENTATIVE
47 FROM THE LEGISLATIVE, JUDICIAL, AND EXECUTIVE BRANCHES OF GOVERNMENT,
48 VICTIMS GROUPS, AND THE COMPACT ADMINISTRATOR, DEPUTY COMPACT ADMINIS-
49 TRATOR OR DESIGNEE. EACH COMPACTING STATE RETAINS THE RIGHT TO DETERMINE
50 THE QUALIFICATIONS OF THE COMPACT ADMINISTRATOR OR DEPUTY COMPACT ADMIN-
51 ISTRATOR. EACH STATE COUNCIL WILL ADVISE AND MAY EXERCISE OVERSIGHT AND
52 ADVOCACY CONCERNING THAT STATE'S PARTICIPATION IN INTERSTATE COMMISSION
53 ACTIVITIES AND OTHER DUTIES AS MAY BE DETERMINED BY THAT STATE, INCLUD-
S. 2551--A 11
1 ING BUT NOT LIMITED TO, DEVELOPMENT OF POLICY CONCERNING OPERATIONS AND
2 PROCEDURES OF THE COMPACT WITHIN THAT STATE.
3 ARTICLE X
4 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
5 A. ANY STATE, THE DISTRICT OF COLUMBIA (OR ITS DESIGNEE), THE COMMON-
6 WEALTH OF PUERTO RICO, THE U.S. VIRGIN ISLANDS, GUAM, AMERICAN SAMOA,
7 AND THE NORTHERN MARIANAS ISLANDS AS DEFINED IN ARTICLE II OF THIS
8 COMPACT IS ELIGIBLE TO BECOME A COMPACTING STATE.
9 B. THE COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON LEGISLATIVE
10 ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN THIRTY-FIVE OF THE
11 STATES. THE INITIAL EFFECTIVE DATE SHALL BE THE LATER OF JULY FIRST, TWO
12 THOUSAND FOUR OR UPON ENACTMENT INTO LAW BY THE THIRTY-FIFTH JURISDIC-
13 TION. THEREAFTER IT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER
14 COMPACTING STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT STATE.
15 THE GOVERNORS OF NON-MEMBER STATES OR THEIR DESIGNEES SHALL BE INVITED
16 TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE COMMISSION ON A
17 NONVOTING BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES AND
18 TERRITORIES OF THE UNITED STATES.
19 C. THE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO THE COMPACT FOR
20 ENACTMENT BY THE COMPACTING STATES. NO AMENDMENT SHALL BECOME EFFECTIVE
21 AND BINDING UPON THE INTERSTATE COMMISSION AND THE COMPACTING STATES
22 UNLESS AND UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE
23 COMPACTING STATES.
24 ARTICLE XI
25 WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
26 A. WITHDRAWAL.
27 1. ONCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN FORCE AND REMAIN
28 BINDING UPON EACH AND EVERY COMPACTING STATE; PROVIDED THAT A COMPACTING
29 STATE MAY WITHDRAW FROM THE COMPACT BY SPECIFICALLY REPEALING THE STAT-
30 UTE WHICH ENACTED THE COMPACT INTO LAW.
31 2. THE EFFECTIVE DATE OF WITHDRAWAL IS THE EFFECTIVE DATE OF THE
32 REPEAL.
33 3. THE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE CHAIRPERSON OF
34 THE INTERSTATE COMMISSION IN WRITING UPON THE INTRODUCTION OF LEGIS-
35 LATION REPEALING THIS COMPACT IN THE WITHDRAWING STATE. THE INTERSTATE
36 COMMISSION SHALL NOTIFY THE OTHER COMPACTING STATES OF THE WITHDRAWING
37 STATE'S INTENT TO WITHDRAW WITHIN SIXTY DAYS OF ITS RECEIPT THEREOF.
38 4. THE WITHDRAWING STATE IS RESPONSIBLE FOR ALL ASSESSMENTS, OBLI-
39 GATIONS AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF WITH-
40 DRAWAL, INCLUDING ANY OBLIGATIONS, THE PERFORMANCE OF WHICH EXTEND
41 BEYOND THE EFFECTIVE DATE OF WITHDRAWAL.
42 5. REINSTATEMENT FOLLOWING WITHDRAWAL OF ANY COMPACTING STATE SHALL
43 OCCUR UPON THE WITHDRAWING STATE REENACTING THE COMPACT OR UPON SUCH
44 LATER DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
45 B. TECHNICAL ASSISTANCE, FINES, SUSPENSION, TERMINATION AND DEFAULT.
46 1. IF THE INTERSTATE COMMISSION DETERMINES THAT ANY COMPACTING STATE
47 HAS AT ANY TIME DEFAULTED IN THE PERFORMANCE OF ANY OF ITS OBLIGATIONS
48 OR RESPONSIBILITIES UNDER THIS COMPACT, OR THE BYLAWS OR DULY PROMULGAT-
49 ED RULES, THE INTERSTATE COMMISSION MAY IMPOSE ANY OR ALL OF THE FOLLOW-
50 ING PENALTIES:
51 A. REMEDIAL TRAINING AND TECHNICAL ASSISTANCE AS DIRECTED BY THE
52 INTERSTATE COMMISSION;
53 B. ALTERNATIVE DISPUTE RESOLUTION;
S. 2551--A 12
1 C. FINES, FEES, AND COSTS IN SUCH AMOUNTS AS ARE DEEMED TO BE REASON-
2 ABLE AS FIXED BY THE INTERSTATE COMMISSION; AND
3 D. SUSPENSION OR TERMINATION OF MEMBERSHIP IN THE COMPACT, WHICH SHALL
4 BE IMPOSED ONLY AFTER ALL OTHER REASONABLE MEANS OF SECURING COMPLIANCE
5 UNDER THE BYLAWS AND RULES HAVE BEEN EXHAUSTED AND THE INTERSTATE
6 COMMISSION HAS THEREFORE DETERMINED THAT THE OFFENDING STATE IS IN
7 DEFAULT. IMMEDIATE NOTICE OF SUSPENSION SHALL BE GIVEN BY THE INTERSTATE
8 COMMISSION TO THE GOVERNOR, THE CHIEF JUSTICE OR THE CHIEF JUDICIAL
9 OFFICER OF THE STATE, THE MAJORITY AND MINORITY LEADERS OF THE DEFAULT-
10 ING STATE'S LEGISLATURE, AND THE STATE COUNCIL. THE GROUNDS FOR DEFAULT
11 INCLUDE, BUT ARE NOT LIMITED TO, FAILURE OF A COMPACTING STATE TO
12 PERFORM SUCH OBLIGATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY THIS
13 COMPACT, THE BYLAWS, OR DULY PROMULGATED RULES AND ANY OTHER GROUNDS
14 DESIGNATED IN COMMISSION BYLAWS AND RULES. THE INTERSTATE COMMISSION
15 SHALL IMMEDIATELY NOTIFY THE DEFAULTING STATE IN WRITING OF THE PENALTY
16 IMPOSED BY THE INTERSTATE COMMISSION AND OF THE DEFAULT PENDING A CURE
17 OF THE DEFAULT. THE COMMISSION SHALL STIPULATE THE CONDITIONS AND THE
18 TIME PERIOD WITHIN WHICH THE DEFAULTING STATE MUST CURE ITS DEFAULT. IF
19 THE DEFAULTING STATE FAILS TO CURE THE DEFAULT WITHIN THE TIME PERIOD
20 SPECIFIED BY THE COMMISSION, THE DEFAULTING STATE SHALL BE TERMINATED
21 FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF THE COMPACT-
22 ING STATES AND ALL RIGHTS, PRIVILEGES AND BENEFITS CONFERRED BY THIS
23 COMPACT SHALL BE TERMINATED FROM THE EFFECTIVE DATE OF TERMINATION.
24 2. WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF TERMINATION OF A
25 DEFAULTING STATE, THE COMMISSION SHALL NOTIFY THE GOVERNOR, THE CHIEF
26 JUSTICE OR CHIEF JUDICIAL OFFICER, THE MAJORITY AND MINORITY LEADERS OF
27 THE DEFAULTING STATE'S LEGISLATURE, AND THE STATE COUNCIL OF SUCH TERMI-
28 NATION.
29 3. THE DEFAULTING STATE IS RESPONSIBLE FOR ALL ASSESSMENTS, OBLI-
30 GATIONS AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF TERMI-
31 NATION INCLUDING ANY OBLIGATIONS, THE PERFORMANCE OF WHICH EXTENDS
32 BEYOND THE EFFECTIVE DATE OF TERMINATION.
33 4. THE INTERSTATE COMMISSION SHALL NOT BEAR ANY COSTS RELATING TO THE
34 DEFAULTING STATE UNLESS OTHERWISE MUTUALLY AGREED UPON IN WRITING
35 BETWEEN THE INTERSTATE COMMISSION AND THE DEFAULTING STATE.
36 5. REINSTATEMENT FOLLOWING TERMINATION OF ANY COMPACTING STATE
37 REQUIRES BOTH A REENACTMENT OF THE COMPACT BY THE DEFAULTING STATE AND
38 THE APPROVAL OF THE INTERSTATE COMMISSION PURSUANT TO THE RULES.
39 C. JUDICIAL ENFORCEMENT.
40 THE INTERSTATE COMMISSION MAY, BY MAJORITY VOTE OF THE MEMBERS, INITI-
41 ATE LEGAL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
42 COLUMBIA OR, AT THE DISCRETION OF THE INTERSTATE COMMISSION, IN THE
43 FEDERAL DISTRICT WHERE THE INTERSTATE COMMISSION HAS ITS OFFICES, TO
44 ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE COMPACT, ITS DULY PROMUL-
45 GATED RULES AND BYLAWS, AGAINST ANY COMPACTING STATE IN DEFAULT. IN THE
46 EVENT JUDICIAL ENFORCEMENT IS NECESSARY THE PREVAILING PARTY SHALL BE
47 AWARDED ALL COSTS OF SUCH LITIGATION INCLUDING REASONABLE ATTORNEY'S
48 FEES.
49 D. DISSOLUTION OF COMPACT.
50 1. THE COMPACT DISSOLVES EFFECTIVE UPON THE DATE OF THE WITHDRAWAL OR
51 DEFAULT OF ANY COMPACTING STATE, WHICH REDUCES MEMBERSHIP IN THE COMPACT
52 TO ONE COMPACTING STATE.
53 2. UPON THE DISSOLUTION OF THIS COMPACT, THE COMPACT BECOMES NULL AND
54 VOID AND SHALL BE OF NO FURTHER FORCE OR EFFECT, AND THE BUSINESS AND
55 AFFAIRS OF THE INTERSTATE COMMISSION SHALL BE CONCLUDED AND ANY SURPLUS
56 FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.
S. 2551--A 13
1 ARTICLE XII
2 SEVERABILITY AND CONSTRUCTION
3 A. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND IF ANY
4 PHRASE, CLAUSE, SENTENCE OR PROVISION IS DEEMED UNENFORCEABLE, THE
5 REMAINING PROVISIONS OF THE COMPACT SHALL BE ENFORCEABLE.
6 B. THE PROVISIONS OF THIS COMPACT SHALL BE LIBERALLY CONSTRUED TO
7 EFFECTUATE ITS PURPOSES.
8 ARTICLE XIII
9 BINDING EFFECT OF COMPACT AND OTHER LAWS
10 A. OTHER LAWS.
11 1. NOTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER LAW OF A
12 COMPACTING STATE THAT IS NOT INCONSISTENT WITH THIS COMPACT.
13 2. ALL COMPACTING STATES' LAWS OTHER THAN STATE CONSTITUTIONS AND
14 OTHER INTERSTATE COMPACTS CONFLICTING WITH THIS COMPACT ARE SUPERSEDED
15 TO THE EXTENT OF THE CONFLICT.
16 B. BINDING EFFECT OF THE COMPACT.
17 1. ALL LAWFUL ACTIONS OF THE INTERSTATE COMMISSION, INCLUDING ALL
18 RULES AND BYLAWS PROMULGATED BY THE INTERSTATE COMMISSION, ARE BINDING
19 UPON THE COMPACTING STATES.
20 2. ALL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION AND THE COMPACTING
21 STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
22 3. UPON THE REQUEST OF A PARTY TO A CONFLICT OVER MEANING OR INTERPRE-
23 TATION OF INTERSTATE COMMISSION ACTIONS, AND UPON A MAJORITY VOTE OF THE
24 COMPACTING STATES, THE INTERSTATE COMMISSION MAY ISSUE ADVISORY OPINIONS
25 REGARDING SUCH MEANING OR INTERPRETATION.
26 4. IN THE EVENT ANY PROVISION OF THIS COMPACT EXCEEDS THE CONSTITU-
27 TIONAL LIMITS IMPOSED ON THE LEGISLATURE OF ANY COMPACTING STATE, THE
28 OBLIGATIONS, DUTIES, POWERS OR JURISDICTION SOUGHT TO BE CONFERRED BY
29 SUCH PROVISION UPON THE INTERSTATE COMMISSION SHALL BE INEFFECTIVE AND
30 SUCH OBLIGATIONS, DUTIES, POWERS OR JURISDICTION SHALL REMAIN IN THE
31 COMPACTING STATE AND SHALL BE EXERCISED BY THE AGENCY THEREOF TO WHICH
32 SUCH OBLIGATIONS, DUTIES, POWERS OR JURISDICTION ARE DELEGATED BY LAW IN
33 EFFECT AT THE TIME THIS COMPACT BECOMES EFFECTIVE.
34 S 3. The executive law is amended by adding a new section 501-f to
35 read as follows:
36 S 501-F. COMMISSIONER FOR THE INTERSTATE COMPACT FOR JUVENILES. PURSU-
37 ANT TO SUBDIVISION B OF ARTICLE III OF SECTION FIVE HUNDRED ONE-E OF
38 THIS ARTICLE, THE COMMISSIONER SHALL BE APPOINTED BY THE GOVERNOR IN
39 CONSULTATION WITH THE STATE COUNCIL ESTABLISHED PURSUANT TO ARTICLE IX
40 OF SECTION FIVE HUNDRED ONE-E AND SECTION FIVE HUNDRED ONE-G OF THIS
41 ARTICLE.
42 S 4. The executive law is amended by adding a new section 501-g to
43 read as follows:
44 S 501-G. STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION. 1. PURSU-
45 ANT TO ARTICLE IX OF SECTION FIVE HUNDRED ONE-E OF THIS ARTICLE, THERE
46 IS HEREBY CREATED WITHIN THE OFFICE OF CHILDREN AND FAMILY SERVICES A
47 STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION. THE COUNCIL SHALL
48 CONSIST OF THE COMPACT ADMINISTRATOR, WHO SHALL BE THE COMMISSIONER OF
49 THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND TEN OTHER MEMBERS TO BE
50 APPOINTED AS FOLLOWS:
51 (A) ONE LEGISLATIVE REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR
52 UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY;
53 (B) ONE LEGISLATIVE REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR
54 UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE;
S. 2551--A 14
1 (C) A JUDICIAL REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR UPON
2 RECOMMENDATION OF THE CHIEF JUDGE OF THE COURT OF APPEALS;
3 (D) THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES OR
4 HIS OR HER DESIGNEE;
5 (E) THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHILDREN AND FAMILIES OR
6 HIS OR HER DESIGNEE;
7 (F) THE DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNA-
8 TIVES OR HIS OR HER DESIGNEE;
9 (G) THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES OR HIS OR HER DESIG-
10 NEE;
11 (H) THE COMMISSIONER OF THE NEW YORK CITY ADMINISTRATION FOR CHIL-
12 DREN'S SERVICES OR HIS OR HER DESIGNEE;
13 (I) A MEMBER OF THE NEW YORK JUVENILE JUSTICE ADVISORY GROUP AS
14 APPOINTED BY THE GOVERNOR; AND
15 (J) AN ATTORNEY APPOINTED UPON THE RECOMMENDATION OF THE NEW YORK
16 STATE BAR ASSOCIATION WHO HAS REPRESENTED JUVENILES IN FAMILY COURT IN
17 THIS STATE FOR A TOTAL OF AT LEAST FIVE YEARS.
18 2. THE COUNCIL SHALL ADVISE AND EXERCISE OVERSIGHT AND ADVOCACY
19 CONCERNING THE STATE'S PARTICIPATION IN INTERSTATE COMMISSION ACTIVITIES
20 AND OTHER DUTIES AS THE COUNCIL MAY DETERMINE, INCLUDING BUT NOT LIMITED
21 TO, DEVELOPMENT OF POLICY CONCERNING THE OPERATIONS AND PROCEDURES OF
22 THE COMPACT WITHIN THE STATE. THE APPOINTMENTS PROVIDED FOR IN THIS
23 SECTION SHALL BE MADE WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS
24 SECTION. EACH APPOINTED MEMBER OF THE COUNCIL SHALL SERVE A TERM OF FIVE
25 YEARS. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHER THAN BY EXPIRA-
26 TION OF TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER
27 WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY THE EXPIRATION OF
28 TERM SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS AND FOR
29 A TERM OF FIVE YEARS. THE COUNCIL MEMBERS SHALL SERVE WITHOUT SALARY BUT
30 SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT FOR TRAVEL AND OTHER RELATED
31 EXPENSES ASSOCIATED WITH PARTICIPATION IN THE WORK OF THE COUNCIL.
32 3. THE STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION SHALL PROVIDE
33 AN ANNUAL REPORT ON OR BEFORE THE FIRST DAY OF JANUARY, TWO THOUSAND
34 TWELVE, AND THE FIRST DAY OF JANUARY EACH YEAR THEREAFTER, TO THE GOVER-
35 NOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE,
36 THE MINORITY LEADER IN THE ASSEMBLY, THE MINORITY LEADER IN THE SENATE
37 AND THE CHIEF JUDGE OF THE COURT OF APPEALS ON THE OPERATIONS OF THE
38 COUNCIL PERTAINING TO JUVENILES SUBJECT TO THE INTERSTATE COMPACT FOR
39 JUVENILES. SUCH REPORT SHALL INCLUDE AN EVALUATION OF THE IMPLEMENTATION
40 AND OPERATION OF THE INTERSTATE COMPACT FOR JUVENILES AND THE RULES
41 ADOPTED BY THE INTERSTATE COMMISSION; A DESCRIPTION OF THE POLICIES
42 ADOPTED BY THE STATE COUNCIL UNDER THE COMPACT; THE DATA COLLECTED BY
43 THE INTERSTATE COMMISSION AND THE COUNCIL; THE STATUS OF AND INTERSTATE
44 MOVEMENT OF JUVENILES SUBJECT TO THE COMPACT, INCLUDING THE NUMBER OF
45 JUVENILES SUBJECT TO THE COMPACT AND THE SUPERVISION STATUS OF SUCH
46 JUVENILES, AND, WHERE AVAILABLE, STATISTICAL INFORMATION ON THE AGE,
47 ETHNIC AND RACIAL BACKGROUND, EDUCATION, AND INSTITUTIONAL OR CRIMINAL
48 HISTORY OF THE JUVENILES SUBJECT TO THE COMPACT. THE REPORT SHALL
49 FURTHER INCLUDE THE COUNCIL'S EVALUATION OF THE EFFICIENCY AND EFFEC-
50 TIVENESS OF THE INTERSTATE COMPACT FOR JUVENILES AND SHALL MAKE RECOM-
51 MENDATIONS CONCERNING THE OPERATIONS, PROCEDURES AND THIS STATE'S
52 CONTINUED INCLUSION IN THE INTERSTATE COMPACT FOR JUVENILES.
53 S 5. The executive law is amended by adding a new section 501-h to
54 read as follows:
55 S 501-H. DETENTION AND APPOINTMENT OF AN ATTORNEY FOR THE CHILD IN
56 PROCEEDINGS INVOLVING YOUTH GOVERNED BY THE INTERSTATE COMPACT FOR JUVE-
S. 2551--A 15
1 NILES. 1. IF A YOUTH IS DETAINED UNDER THE INTERSTATE COMPACT FOR JUVE-
2 NILES ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED ONE-E OF THIS ARTI-
3 CLE, HE OR SHE SHALL BE BROUGHT BEFORE THE APPROPRIATE COURT WITHIN
4 SEVENTY-TWO HOURS OR THE NEXT DAY THE COURT IS IN SESSION, WHICHEVER IS
5 SOONER, AND SHALL BE ADVISED BY THE JUDGE OF HIS OR HER RIGHT TO REMAIN
6 SILENT, HIS OR HER RIGHT TO BE REPRESENTED BY COUNSEL OF HIS OR HER OWN
7 CHOOSING, AND OF THE RIGHT TO HAVE AN ATTORNEY ASSIGNED IN ACCORD WITH,
8 AS APPLICABLE, SECTION TWO HUNDRED FORTY-NINE OF THE FAMILY COURT ACT OR
9 ARTICLE EIGHTEEN-B OF THE COUNTY LAW. THE YOUTH SHALL BE ALLOWED A
10 REASONABLE TIME TO RETAIN COUNSEL, CONTACT HIS OR HER PARENTS OR OTHER
11 PERSON OR PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE OR AN ADULT
12 WITH WHOM THE YOUTH HAS A SIGNIFICANT CONNECTION, AND THE JUDGE MAY
13 ADJOURN THE PROCEEDINGS FOR SUCH PURPOSES. PROVIDED, HOWEVER, THAT
14 NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE A YOUTH TO CONTACT
15 HIS OR HER PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR
16 HIS OR HER CARE. PROVIDED FURTHER, HOWEVER, THAT COUNSEL SHALL BE
17 ASSIGNED IMMEDIATELY, AND CONTINUE TO REPRESENT THE YOUTH UNTIL ANY
18 RETAINED COUNSEL APPEARS. THE COURT SHALL SCHEDULE A COURT APPEARANCE
19 FOR THE YOUTH NO LATER THAN TEN DAYS AFTER THE INITIAL COURT APPEARANCE,
20 AND EVERY TEN DAYS THEREAFTER, WHILE THE YOUTH IS DETAINED PURSUANT TO
21 THE INTERSTATE COMPACT FOR JUVENILES UNLESS ANY SUCH APPEARANCE IS
22 WAIVED BY THE ATTORNEY FOR THE CHILD.
23 2. ALL YOUTH SUBJECT TO PROCEEDINGS GOVERNED BY THE INTERSTATE COMPACT
24 FOR JUVENILES ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED ONE-E OF THIS
25 ARTICLE SHALL BE APPOINTED AN ATTORNEY PURSUANT TO, AS APPLICABLE,
26 SECTION TWO HUNDRED FORTY-NINE OF THE FAMILY COURT ACT OR ARTICLE EIGH-
27 TEEN-B OF THE COUNTY LAW IF INDEPENDENT LEGAL REPRESENTATION IS NOT
28 AVAILABLE TO SUCH YOUTH.
29 S 6. Subdivision (a) of section 249 of the family court act, as
30 amended by chapter 41 of the laws of 2010, is amended to read as
31 follows:
32 (a) In a proceeding under article three, seven, ten or ten-A of this
33 act or where a revocation of an adoption consent is opposed under
34 section one hundred fifteen-b of the domestic relations law or in any
35 proceeding under section three hundred fifty-eight-a, three hundred
36 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
37 of the social services law or when a minor is sought to be placed in
38 protective custody under section one hundred fifty-eight of this act OR
39 IN ANY PROCEEDING WHERE A MINOR IS DETAINED UNDER OR GOVERNED BY THE
40 INTERSTATE COMPACT FOR JUVENILES ESTABLISHED PURSUANT TO SECTION FIVE
41 HUNDRED ONE-E OF THE EXECUTIVE LAW, the family court shall appoint an
42 attorney to represent a minor who is the subject of the proceeding or
43 who is sought to be placed in protective custody, if independent legal
44 representation is not available to such minor. In any proceeding to
45 extend or continue the placement of a juvenile delinquent or person in
46 need of supervision pursuant to section seven hundred fifty-six or 353.3
47 of this act or any proceeding to extend or continue a commitment to the
48 custody of the commissioner of mental health or the commissioner of
49 [mental retardation and] PEOPLE WITH developmental disabilities pursuant
50 to section 322.2 of this act, the court shall not permit the respondent
51 to waive the right to be represented by counsel chosen by the respond-
52 ent, respondent's parent, or other person legally responsible for the
53 respondent's care, or by assigned counsel. In any other proceeding in
54 which the court has jurisdiction, the court may appoint an attorney to
55 represent the child, when, in the opinion of the family court judge,
56 such representation will serve the purposes of this act, if independent
S. 2551--A 16
1 legal counsel is not available to the child. The family court on its own
2 motion may make such appointment.
3 S 7. Section 249-a of the family court act, as amended by chapter 41
4 of the laws of 2010, is amended to read as follows:
5 S 249-a. Waiver of counsel. A minor who is a subject of a juvenile
6 delinquency or person in need of supervision proceeding OR IN ANY
7 PROCEEDING WHERE A MINOR IS DETAINED UNDER OR GOVERNED BY THE INTERSTATE
8 COMPACT FOR JUVENILES ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED ONE-E
9 OF THE EXECUTIVE LAW shall be presumed to lack the requisite knowledge
10 and maturity to waive the appointment of an attorney. This presumption
11 may be rebutted only after an attorney has been appointed and the court
12 determines after a hearing at which the attorney appears and partic-
13 ipates and upon clear and convincing evidence that (a) the minor under-
14 stands the nature of the charges, the possible dispositional alterna-
15 tives and the possible defenses to the charges, (b) the minor possesses
16 the maturity, knowledge and intelligence necessary to conduct his or her
17 own defense, and (c) waiver is in the best interest of the minor.
18 S 8. This act shall take effect on the thirtieth day after it shall
19 have become a law and shall expire September 1, 2013 when upon such date
20 the provisions of this act shall be deemed repealed; provided, however,
21 that notwithstanding the provisions of article 5 of the general
22 construction law, on September 1, 2013 the provisions of chapter 155 of
23 the laws of 1955, as repealed by section one of this act, are hereby
24 revived and shall continue in full force and effect as such provisions
25 existed on June 1, 2010; provided, further, nothing herein shall disrupt
26 services, supervision or return of juveniles, delinquents and status
27 offenders agreed to under the repealed 1955 interstate compact on juve-
28 niles prior to such effective date, or preclude the state of New York
29 from entering into appropriate agreements with non-compact member states
30 for the proper supervision or return of juveniles, delinquents and
31 status offenders who are on probation or parole and who have absconded,
32 escaped or run away from supervision and control and in so doing have
33 endangered their own safety and the safety of others.
