Bill Text: NY S02551 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2551 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 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 Chapter 155 of the laws of 1955, enacting the interstate 2 compact on juveniles, is REPEALED. 3 S 2.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 19 HAVE LEFT THEIR STATE OF RESIDENCE. THE COMPACTING STATES ALSO RECOGNIZE 20 THAT CONGRESS, BY ENACTING THE CRIME CONTROL ACT, 4 U.S.C. SECTION 112 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03854-01-1 S. 2551 2 1 (1965), HAS AUTHORIZED AND ENCOURAGED COMPACTS FOR COOPERATIVE EFFORTS 2 AND MUTUAL ASSISTANCE IN THE PREVENTION OF CRIME. IT IS THE PURPOSE OF 3 THIS COMPACT, THROUGH MEANS OF JOINT AND COOPERATIVE ACTION AMONG THE 4 COMPACTING STATES TO: 5 A. ENSURE THAT THE ADJUDICATED JUVENILES AND STATUS OFFENDERS SUBJECT 6 TO THIS COMPACT ARE PROVIDED ADEQUATE SUPERVISION AND SERVICES IN THE 7 RECEIVING STATE AS ORDERED BY THE ADJUDICATING JUDGE OR PAROLE AUTHORITY 8 IN THE SENDING STATE; 9 B. ENSURE THAT THE PUBLIC SAFETY INTERESTS OF THE CITIZENS, INCLUDING 10 THE VICTIMS OF JUVENILE OFFENDERS, IN BOTH THE SENDING AND RECEIVING 11 STATES ARE ADEQUATELY PROTECTED; 12 C. RETURN JUVENILES WHO HAVE RUN AWAY, ABSCONDED OR ESCAPED FROM 13 SUPERVISION OR CONTROL OR HAVE BEEN ACCUSED OF AN OFFENSE TO THE STATE 14 REQUESTING THEIR RETURN; 15 D. MAKE CONTRACTS FOR THE COOPERATIVE INSTITUTIONALIZATION IN PUBLIC 16 FACILITIES IN MEMBER STATES FOR DELINQUENT YOUTH NEEDING SPECIAL 17 SERVICES; 18 E. PROVIDE FOR THE EFFECTIVE TRACKING AND SUPERVISION OF JUVENILES; 19 F. EQUITABLY ALLOCATE THE COSTS, BENEFITS AND OBLIGATIONS OF THE 20 COMPACTING STATES; 21 G. ESTABLISH PROCEDURES TO MANAGE THE MOVEMENT BETWEEN STATES OF JUVE- 22 NILE OFFENDERS RELEASED TO THE COMMUNITY UNDER THE JURISDICTION OF 23 COURTS, JUVENILE DEPARTMENTS, OR ANY OTHER CRIMINAL OR JUVENILE JUSTICE 24 AGENCY WHICH HAS JURISDICTION OVER JUVENILE OFFENDERS; 25 H. INSURE IMMEDIATE NOTICE TO JURISDICTIONS WHERE DEFINED OFFENDERS 26 ARE AUTHORIZED TO TRAVEL OR TO RELOCATE ACROSS STATE LINES; 27 I. ESTABLISH PROCEDURES TO RESOLVE PENDING CHARGES (DETAINERS) AGAINST 28 JUVENILE OFFENDERS PRIOR TO TRANSFER OR RELEASE TO THE COMMUNITY UNDER 29 THE TERMS OF THIS COMPACT; 30 J. ESTABLISH A SYSTEM OF UNIFORM DATA COLLECTION ON INFORMATION 31 PERTAINING TO JUVENILES SUBJECT TO THIS COMPACT THAT ALLOWS ACCESS BY 32 AUTHORIZED JUVENILE JUSTICE AND CRIMINAL JUSTICE OFFICIALS, AND REGULAR 33 REPORTING OF COMPACT ACTIVITIES TO HEADS OF STATE EXECUTIVE, JUDICIAL, 34 AND LEGISLATIVE BRANCHES AND JUVENILE AND CRIMINAL JUSTICE ADMINISTRA- 35 TORS; 36 K. MONITOR COMPLIANCE WITH RULES GOVERNING INTERSTATE MOVEMENT OF 37 JUVENILES AND INITIATE INTERVENTIONS TO ADDRESS AND CORRECT NONCOMPLI- 38 ANCE; 39 L. COORDINATE TRAINING AND EDUCATION REGARDING THE REGULATION OF 40 INTERSTATE MOVEMENT OF JUVENILES FOR OFFICIALS INVOLVED IN SUCH ACTIV- 41 ITY; AND 42 M. COORDINATE THE IMPLEMENTATION AND OPERATION OF THE COMPACT WITH THE 43 INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN, THE INTERSTATE COMPACT 44 FOR ADULT OFFENDER SUPERVISION AND OTHER COMPACTS AFFECTING JUVENILES 45 PARTICULARLY IN THOSE CASES WHERE CONCURRENT OR OVERLAPPING SUPERVISION 46 ISSUES ARISE. 47 IT IS THE POLICY OF THE COMPACTING STATES THAT THE ACTIVITIES 48 CONDUCTED BY THE INTERSTATE COMMISSION CREATED HEREIN ARE THE FORMATION 49 OF PUBLIC POLICIES AND THEREFORE ARE PUBLIC BUSINESS. FURTHERMORE, THE 50 COMPACTING STATES SHALL COOPERATE AND OBSERVE THEIR INDIVIDUAL AND 51 COLLECTIVE DUTIES AND RESPONSIBILITIES FOR THE PROMPT RETURN AND ACCEPT- 52 ANCE OF JUVENILES SUBJECT TO THE PROVISIONS OF THIS COMPACT. THE 53 PROVISIONS OF THIS COMPACT SHALL BE REASONABLY AND LIBERALLY CONSTRUED 54 TO ACCOMPLISH THE PURPOSES AND POLICIES OF THE COMPACT. S. 2551 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 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 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 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 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 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 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 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 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 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 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 AND TWELVE OTHER MEMBERS TO BE 49 APPOINTED AS FOLLOWS: 50 (A) ONE LEGISLATIVE REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR 51 UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; 52 (B) ONE LEGISLATIVE REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR 53 UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE; 54 (C) A JUDICIAL REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR UPON 55 RECOMMENDATION OF THE CHIEF JUDGE OF THE COURT OF APPEALS; S. 2551 14 1 (D) THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR 2 HIS OR HER DESIGNEE; 3 (E) THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHILDREN AND FAMILIES OR 4 HIS OR HER DESIGNEE; 5 (F) THE DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNA- 6 TIVES OR HIS OR HER DESIGNEE; 7 (G) THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES OR HIS OR HER DESIG- 8 NEE; 9 (H) THE COMMISSIONER OF THE NEW YORK CITY ADMINISTRATION FOR CHIL- 10 DREN'S SERVICES OR HIS OR HER DESIGNEE; 11 (I) A MEMBER OF THE NEW YORK JUVENILE JUSTICE ADVISORY GROUP AS DETER- 12 MINED BY A MAJORITY VOTE OF THE MEMBERS OF SUCH NEW YORK JUVENILE 13 JUSTICE ADVISORY GROUP; AND 14 (J) THREE PERSONS APPOINTED BY THE GOVERNOR AS FOLLOWS: AN ATTORNEY 15 APPOINTED UPON THE RECOMMENDATION OF THE NEW YORK STATE BAR ASSOCIATION 16 WHO HAS REPRESENTED JUVENILES IN FAMILY COURT IN THIS STATE FOR A TOTAL 17 OF AT LEAST FIVE YEARS, A PERSON APPOINTED UPON THE RECOMMENDATION OF 18 THE STATEWIDE ADVISORY COMMITTEE ON COUNSEL FOR CHILDREN OF THE OFFICE 19 OF COURT ADMINISTRATION, AND A PERSON APPOINTED UPON THE RECOMMENDATION 20 OF THE NEW YORK CITY BAR ASSOCIATION. 21 2. THE COUNCIL SHALL ADVISE AND EXERCISE OVERSIGHT AND ADVOCACY 22 CONCERNING THE STATE'S PARTICIPATION IN INTERSTATE COMMISSION ACTIVITIES 23 AND OTHER DUTIES AS THE COUNCIL MAY DETERMINE, INCLUDING BUT NOT LIMITED 24 TO, DEVELOPMENT OF POLICY CONCERNING THE OPERATIONS AND PROCEDURES OF 25 THE COMPACT WITHIN THE STATE. THE APPOINTMENTS PROVIDED FOR IN THIS 26 SECTION SHALL BE MADE WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS 27 SECTION. EACH APPOINTED MEMBER OF THE COUNCIL SHALL SERVE A TERM OF FIVE 28 YEARS. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHER THAN BY EXPIRA- 29 TION OF TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER 30 WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY THE EXPIRATION OF 31 TERM SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS AND FOR 32 A TERM OF FIVE YEARS. THE COUNCIL MEMBERS SHALL SERVE WITHOUT SALARY BUT 33 SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT FOR TRAVEL AND OTHER RELATED 34 EXPENSES ASSOCIATED WITH PARTICIPATION IN THE WORK OF THE COUNCIL. 35 3. THE STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION SHALL PROVIDE 36 AN ANNUAL REPORT ON OR BEFORE THE FIRST DAY OF JANUARY, TWO THOUSAND 37 TWELVE, AND THE FIRST DAY OF JANUARY EACH YEAR THEREAFTER, TO THE GOVER- 38 NOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, 39 THE MINORITY LEADER IN THE ASSEMBLY, THE MINORITY LEADER IN THE SENATE 40 AND THE CHIEF JUDGE OF THE COURT OF APPEALS ON THE OPERATIONS OF THE 41 COUNCIL PERTAINING TO JUVENILES SUBJECT TO THE INTERSTATE COMPACT FOR 42 JUVENILES. SUCH REPORT SHALL INCLUDE AN EVALUATION OF THE IMPLEMENTATION 43 AND OPERATION OF THE INTERSTATE COMPACT FOR JUVENILES AND THE RULES 44 ADOPTED BY THE INTERSTATE COMMISSION; A DESCRIPTION OF THE POLICIES 45 ADOPTED BY THE STATE COUNCIL UNDER THE COMPACT; THE DATA COLLECTED BY 46 THE INTERSTATE COMMISSION AND THE COUNCIL; THE STATUS OF AND INTERSTATE 47 MOVEMENT OF JUVENILES SUBJECT TO THE COMPACT, INCLUDING THE NUMBER OF 48 JUVENILES SUBJECT TO THE COMPACT AND THE SUPERVISION STATUS OF SUCH 49 JUVENILES, AND, WHERE AVAILABLE, STATISTICAL INFORMATION ON THE AGE, 50 ETHNIC AND RACIAL BACKGROUND, EDUCATION, AND INSTITUTIONAL OR CRIMINAL 51 HISTORY OF THE JUVENILES SUBJECT TO THE COMPACT. THE REPORT SHALL 52 FURTHER INCLUDE THE COUNCIL'S EVALUATION OF THE EFFICIENCY AND EFFEC- 53 TIVENESS OF THE INTERSTATE COMPACT FOR JUVENILES AND SHALL MAKE RECOM- 54 MENDATIONS CONCERNING THE OPERATIONS, PROCEDURES AND THIS STATE'S 55 CONTINUED INCLUSION IN THE INTERSTATE COMPACT FOR JUVENILES. S. 2551 15 1 S 5. The executive law is amended by adding a new section 501-h to 2 read as follows: 3 S 501-H. DETENTION AND APPOINTMENT OF AN ATTORNEY FOR THE CHILD IN 4 PROCEEDINGS INVOLVING YOUTH GOVERNED BY THE INTERSTATE COMPACT FOR JUVE- 5 NILES. 1. IF A YOUTH IS DETAINED UNDER THE INTERSTATE COMPACT FOR JUVE- 6 NILES ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED ONE-E OF THIS ARTI- 7 CLE, HE OR SHE SHALL BE BROUGHT BEFORE THE APPROPRIATE COURT WITHIN 8 SEVENTY-TWO HOURS OR THE NEXT DAY THE COURT IS IN SESSION, WHICHEVER IS 9 SOONER, AND SHALL BE ADVISED BY THE JUDGE OF HIS OR HER RIGHT TO REMAIN 10 SILENT, HIS OR HER RIGHT TO BE REPRESENTED BY COUNSEL OF HIS OR HER OWN 11 CHOOSING, AND OF THE RIGHT TO HAVE AN ATTORNEY ASSIGNED IN ACCORD WITH, 12 AS APPLICABLE, SECTION TWO HUNDRED FORTY-NINE OF THE FAMILY COURT ACT OR 13 ARTICLE EIGHTEEN-B OF THE COUNTY LAW. THE YOUTH SHALL BE ALLOWED A 14 REASONABLE TIME TO RETAIN COUNSEL, CONTACT HIS OR HER PARENTS OR OTHER 15 PERSON OR PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE OR AN ADULT 16 WITH WHOM THE YOUTH HAS A SIGNIFICANT CONNECTION, AND THE JUDGE MAY 17 ADJOURN THE PROCEEDINGS FOR SUCH PURPOSES. PROVIDED, HOWEVER, THAT 18 NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE A YOUTH TO CONTACT 19 HIS OR HER PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR 20 HIS OR HER CARE. PROVIDED FURTHER, HOWEVER, THAT COUNSEL SHALL BE 21 ASSIGNED IMMEDIATELY, AND CONTINUE TO REPRESENT THE YOUTH UNTIL ANY 22 RETAINED COUNSEL APPEARS. THE COURT SHALL SCHEDULE A COURT APPEARANCE 23 FOR THE YOUTH NO LATER THAN TEN DAYS AFTER THE INITIAL COURT APPEARANCE, 24 AND EVERY TEN DAYS THEREAFTER, WHILE THE YOUTH IS DETAINED PURSUANT TO 25 THE INTERSTATE COMPACT FOR JUVENILES UNLESS ANY SUCH APPEARANCE IS 26 WAIVED BY THE ATTORNEY FOR THE CHILD. 27 2. ALL YOUTH SUBJECT TO PROCEEDINGS GOVERNED BY THE INTERSTATE COMPACT 28 FOR JUVENILES ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED ONE-E OF THIS 29 ARTICLE SHALL BE APPOINTED AN ATTORNEY PURSUANT TO, AS APPLICABLE, 30 SECTION TWO HUNDRED FORTY-NINE OF THE FAMILY COURT ACT OR ARTICLE EIGH- 31 TEEN-B OF THE COUNTY LAW IF INDEPENDENT LEGAL REPRESENTATION IS NOT 32 AVAILABLE TO SUCH YOUTH. 33 S 6. Subdivision (a) of section 249 of the family court act, as 34 amended by chapter 41 of the laws of 2010, is amended to read as 35 follows: 36 (a) In a proceeding under article three, seven, ten or ten-A of this 37 act or where a revocation of an adoption consent is opposed under 38 section one hundred fifteen-b of the domestic relations law or in any 39 proceeding under section three hundred fifty-eight-a, three hundred 40 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b 41 of the social services law or when a minor is sought to be placed in 42 protective custody under section one hundred fifty-eight of this act OR 43 IN ANY PROCEEDING WHERE A MINOR IS DETAINED UNDER OR GOVERNED BY THE 44 INTERSTATE COMPACT FOR JUVENILES ESTABLISHED PURSUANT TO SECTION FIVE 45 HUNDRED ONE-E OF THE EXECUTIVE LAW, the family court shall appoint an 46 attorney to represent a minor who is the subject of the proceeding or 47 who is sought to be placed in protective custody, if independent legal 48 representation is not available to such minor. In any proceeding to 49 extend or continue the placement of a juvenile delinquent or person in 50 need of supervision pursuant to section seven hundred fifty-six or 353.3 51 of this act or any proceeding to extend or continue a commitment to the 52 custody of the commissioner of mental health or the commissioner of 53 [mental retardation and] PEOPLE WITH developmental disabilities pursuant 54 to section 322.2 of this act, the court shall not permit the respondent 55 to waive the right to be represented by counsel chosen by the respond- 56 ent, respondent's parent, or other person legally responsible for the S. 2551 16 1 respondent's care, or by assigned counsel. In any other proceeding in 2 which the court has jurisdiction, the court may appoint an attorney to 3 represent the child, when, in the opinion of the family court judge, 4 such representation will serve the purposes of this act, if independent 5 legal counsel is not available to the child. The family court on its own 6 motion may make such appointment. 7 S 7. Section 249-a of the family court act, as amended by chapter 41 8 of the laws of 2010, is amended to read as follows: 9 S 249-a. Waiver of counsel. A minor who is a subject of a juvenile 10 delinquency or person in need of supervision proceeding OR IN ANY 11 PROCEEDING WHERE A MINOR IS DETAINED UNDER OR GOVERNED BY THE INTERSTATE 12 COMPACT FOR JUVENILES ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED ONE-E 13 OF THE EXECUTIVE LAW shall be presumed to lack the requisite knowledge 14 and maturity to waive the appointment of an attorney. This presumption 15 may be rebutted only after an attorney has been appointed and the court 16 determines after a hearing at which the attorney appears and partic- 17 ipates and upon clear and convincing evidence that (a) the minor under- 18 stands the nature of the charges, the possible dispositional alterna- 19 tives and the possible defenses to the charges, (b) the minor possesses 20 the maturity, knowledge and intelligence necessary to conduct his or her 21 own defense, and (c) waiver is in the best interest of the minor. 22 S 8. This act shall take effect on the thirtieth day after it shall 23 have become a law and shall expire September 1, 2013 when upon such date 24 the provisions of this act shall be deemed repealed; provided, however, 25 that notwithstanding the provisions of article 5 of the general 26 construction law, on September 1, 2013 the provisions of chapter 155 of 27 the laws of 1955, as repealed by section one of this act, are hereby 28 revived and shall continue in full force and effect as such provisions 29 existed on June 1, 2010; provided, further, nothing herein shall disrupt 30 services, supervision or return of juveniles, delinquents and status 31 offenders agreed to under the repealed 1955 interstate compact on juve- 32 niles prior to such effective date, or preclude the state of New York 33 from entering into appropriate agreements with non-compact member states 34 for the proper supervision or return of juveniles, delinquents and 35 status offenders who are on probation or parole and who have absconded, 36 escaped or run away from supervision and control and in so doing have 37 endangered their own safety and the safety of others.