Bill Text: OH HB512 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To ratify, enact into law, and enter into as a party the Interstate Compact for Juveniles; to provide for certain entities and officials and assign certain responsibilities that relate to that Compact; and to repeal the current Interstate Compact on Juveniles.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2010-05-17 - To Criminal Justice [HB512 Detail]

Download: Ohio-2009-HB512-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 512

Representative Belcher 

Cosponsors: Representatives Domenick, Williams, B., Harris, Harwood, Letson, Pillich, Murray, Lundy 

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A BILL

To enact new sections 2151.56, 2151.57, 2151.58, and

1

2151.59 and to repeal sections 2151.56, 2151.57,

2

2151.58, 2151.59, 2151.60, and 2151.61 of the

3

Revised Code to ratify, enact into law, and enter

4

into as a party the Interstate Compact for

5

Juveniles; to provide for certain entities and

6

officials and assign certain responsibilities that

7

relate to that Compact; and to repeal the current

8

Interstate Compact on Juveniles.

9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That new sections 2151.56, 2151.57, 2151.58, and	10
2151.59 of the Revised Code be enacted to read as follows:	11

Sec. 2151.56.  The "interstate compact for juveniles" is	12
hereby ratified, enacted into law, and entered into by the state	13
of Ohio as a party to the compact with any other state that has	14
legally joined in the compact as follows:	15

INTERSTATE COMPACT FOR JUVENILES	16

Article I -- Purpose	17

The compacting states to this interstate compact for	18
juveniles recognize that each state is responsible for the proper	19
supervision or return of juveniles, delinquents, and status	20
offenders who are on probation or parole and who have absconded,	21
escaped, or run away from supervision and control and in so doing	22
have endangered their own safety and the safety of others. The	23
compacting states also recognize that each state is responsible	24
for the safe return of juveniles who have run away from home and	25
in doing so have left their state of residence. The compacting	26
states also recognize that congress, by enacting the Crime Control	27
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged	28
compacts for cooperative efforts and mutual assistance in the	29
prevention of crime.	30

It is the policy of the compacting states that the activities	31
conducted by the interstate commission for juveniles created by	32
this compact are the formation of public policies and therefore	33
are public business. Furthermore, the compacting states shall	34
cooperate and observe their individual and collective duties and	35
responsibilities for the prompt return and acceptance of juveniles	36
subject to the provisions of this compact. The provisions of this	37
compact shall be reasonably and liberally construed to accomplish	38
the purposes and policies of the compact.	39

It is the purpose of this compact, through means of joint and	40
cooperative action among the compacting states, to do all of the	41
following:	42

(A) Ensure that the adjudicated juveniles and status	43
offenders subject to this compact are provided adequate	44
supervision and services in the receiving state as ordered by the	45
adjudicating judge or parole authority in the sending state;	46

(B) Ensure that the public safety interests of the citizens,	47
including the victims of juvenile offenders, in both the sending	48
and receiving states are adequately protected;	49

(C) Return juveniles who have run away, absconded, or escaped	50
from supervision or control or have been accused of an offense to	51
the state requesting their return;	52

(D) Make contracts for the cooperative institutionalization	53
in public facilities in member states for delinquent youth needing	54
special services;	55

(E) Provide for the effective tracking and supervision of	56
juveniles;	57

(F) Equitably allocate the costs, benefits, and obligations	58
of the compacting states;	59

(G) Establish procedures to manage the movement between	60
states of juvenile offenders released to the community under the	61
jurisdiction of courts, juvenile departments, or any other	62
criminal or juvenile justice agency that has jurisdiction over	63
juvenile offenders;	64

(H) Ensure immediate notice to jurisdictions where defined	65
offenders are authorized to travel or to relocate across state	66
lines;	67

(I) Establish procedures to resolve pending charges, such as	68
detainers, against juvenile offenders prior to transfer or release	69
to the community under the terms of this compact;	70

(J) Establish a system of uniform data collection on	71
information pertaining to juveniles subject to this compact that	72
allows access by authorized juvenile justice and criminal justice	73
officials and regular reporting of compact activities to heads of	74
state executive, judicial, and legislative branches and juvenile	75
justice and criminal justice administrators;	76

(K) Monitor compliance with rules governing interstate	77
movement of juveniles and initiate interventions to address and	78
correct noncompliance;	79

(L) Coordinate training and education regarding the	80
regulation of interstate movement of juveniles for officials	81
involved in such activity;	82

(M) Coordinate the implementation and operation of this	83
compact with the interstate compact for the placement of children,	84
the interstate compact for adult offender supervision, and other	85
compacts affecting juveniles, particularly in those cases where	86
concurrent or overlapping supervision issues arise.	87

Article II -- Definitions	88

As used in this compact, unless the context clearly requires	89
a different construction:	90

(A) "Bylaws" means those bylaws established by the interstate	91
commission for its governance or for directing or controlling its	92
actions or conduct.	93

(B) "Compact administrator" means the individual in each	94
compacting state appointed pursuant to the terms of this compact	95
who is responsible for the administration and management of the	96
state's supervision and transfer of juveniles subject to the terms	97
of this compact, the rules adopted by the interstate commission	98
under this compact, and policies adopted by the state council	99
under this compact.	100

(C) "Compacting state" means any state that has enacted the	101
enabling legislation for this compact.	102

(D) "Commissioner" means the voting representative of each	103
compacting state appointed pursuant to Article III of this	104
compact.	105

(E) "Court" means any court having jurisdiction over	106
delinquent, neglected, or dependent children.	107

(F) "Deputy compact administrator" means the individual, if	108
any, in each compacting state appointed to act on behalf of a	109
compact administrator pursuant to the terms of this compact, who	110
is responsible for the administration and management of the	111
state's supervision and transfer of juveniles subject to the terms	112
of this compact, the rules adopted by the interstate commission	113
under this compact, and policies adopted by the state council	114
under this compact.	115

(G) "Interstate commission for juveniles" or "interstate	116
commission" means the interstate commission for juveniles created	117
by Article III of this compact.	118

(H) "Juvenile" means any person defined as a juvenile in any	119
member state or by the rules of the interstate commission,	120
including any of the following:	121

(1) An "accused delinquent," which means a person charged	122
with a violation of a law or municipal ordinance that, if	123
committed by an adult, would be a criminal offense;	124

(2) An "adjudicated delinquent," which means a person found	125
to have committed a violation of a law or municipal ordinance	126
that, if committed by an adult, would be a criminal offense;	127

(3) An "accused status offender," which means a person	128
charged with a violation of a law or municipal ordinance that	129
would not be a criminal offense if committed by an adult;	130

(4) An "adjudicated status offender," which means a person	131
found to have committed a violation of a law or municipal	132
ordinance that would not be a criminal offense if committed by an	133
adult;	134

(5) A "nonoffender," which means a person in need of	135
supervision who is not an accused or adjudicated status offender	136
or delinquent.	137

(I) "Noncompacting state" means any state that has not	138
enacted the enabling legislation for this compact.	139

(J) "Probation or parole" means any kind of supervision or	140
conditional release of juveniles authorized under the laws of the	141
compacting states.	142

(K) "Rule" means a written statement by the interstate	143
commission promulgated pursuant to Article VI of this compact that	144
is of general applicability, that implements, interprets, or	145
prescribes a policy or provision of the compact, or an	146
organizational, procedural, or practice requirement of the	147
interstate commission, and that has the force and effect of	148
statutory law in a compacting state, and includes the amendment,	149
repeal, or suspension of an existing rule.	150

(L) "State" means a state of the United States, the District	151
of Columbia or its designee, the Commonwealth of Puerto Rico, the	152
U.S. Virgin Islands, Guam, American Samoa, and the Northern	153
Marianas Islands.	154

Article III -- Interstate Commission for Juveniles	155

(A) The compacting states hereby create the "interstate	156
commission for juveniles." The commission shall be a body	157
corporate and joint agency of the compacting states. The	158
commission shall have all the responsibilities, powers, and duties	159
set forth in this compact, and any additional powers that may be	160
conferred upon it by subsequent action of the respective	161
legislatures of the compacting states in accordance with the terms	162
of this compact.	163

(B) The interstate commission shall consist of commissioners	164
appointed by the appropriate appointing authority in each state	165
pursuant to the rules and requirements of each compacting state	166
and in consultation with the state council for interstate juvenile	167
supervision created in the state in accordance with this compact.	168
The commissioners are the voting representatives of each state.	169
The commissioner for a state shall be the compact administrator,	170
deputy compact administrator, or designee from that state who	171
shall serve on the interstate commission in such capacity under or	172
pursuant to the applicable law of the compacting state.	173

(C) In addition to the commissioners, the interstate	174
commission also shall include individuals who are not	175
commissioners but who are members of interested organizations. The	176
noncommissioner members shall include a member of the national	177
organizations of governors, legislators, state chief justices,	178
attorneys general, interstate compact for adult offender	179
supervision, interstate compact for the placement of children,	180
juvenile justice and juvenile corrections officials, and crime	181
victims. All noncommissioner members of the interstate commission	182
shall be ex officio, nonvoting members. The interstate commission	183
may provide in its bylaws for such additional ex officio,	184
nonvoting members, including members of other national	185
organizations, in such numbers as shall be determined by the	186
commission.	187

(D) Each compacting state represented at any meeting of the	188
interstate commission is entitled to one vote. A majority of the	189
compacting states shall constitute a quorum for the transaction of	190
business, unless a larger quorum is required by the bylaws of the	191
interstate commission.	192

(E) The interstate commission shall meet at least once each	193
calendar year. The chairperson may call additional meetings and,	194
upon the request of a simple majority of the compacting states,	195
shall call additional meetings. Public notice shall be given of	196
all meetings, and all meetings, shall be open to the public.	197

(F) The interstate commission shall establish an executive	198
committee, which shall include commission officers, members, and	199
others as determined by the interstate commission's bylaws. The	200
executive committee shall have the power to act on behalf of the	201
interstate commission during periods when the interstate	202
commission is not in session, with the exception of any rulemaking	203
or amendment to the compact. The executive committee shall do all	204
of the following:	205

(1) Oversee the day-to-day activities of the administration	206
of the compact, managed by an executive director and interstate	207
commission staff;	208

(2) Administer enforcement and compliance with the provisions	209
of this compact and the interstate commission's bylaws and rules;	210

(3) Perform any other duties as directed by the interstate	211
commission or set forth in its bylaws.	212

(G) Each member of the interstate commission shall have the	213
right and power to cast a vote to which that compacting state is	214
entitled and to participate in the business and affairs of the	215
interstate commission. A member shall vote in person and shall not	216
delegate a vote to another compacting state. However, a	217
commissioner, in consultation with the state council for	218
interstate juvenile supervision for the state, shall appoint	219
another authorized representative, in the absence of the	220
commissioner from that state, to cast a vote on behalf of the	221
compacting state at a specified meeting. The interstate	222
commission's bylaws may provide for members' participation in	223
meetings by telephone or other means of telecommunication or	224
electronic communication.	225

(H) The interstate commission's bylaws shall establish	226
conditions and procedures under which the interstate commission	227
shall make its information and official records available to the	228
public for inspection or copying. The interstate commission may	229
exempt from disclosure any information or official records to the	230
extent the information or official records would adversely affect	231
personal privacy rights or proprietary interests.	232

(I) Public notice shall be given of all meetings of the	233
interstate commission, and all of its meetings shall be open to	234
the public, except as set forth in the commission's rules or as	235
otherwise provided in this compact. The interstate commission and	236
any of its committees may close a meeting to the public when it	237
determines by two-thirds vote that an open meeting would be likely	238
to do any of the following:	239

(1) Relate solely to the interstate commission's internal	240
personnel practices and procedures;	241

(2) Disclose matters specifically exempted from disclosure by	242
statute;	243

(3) Disclose trade secrets or commercial or financial	244
information that is privileged or confidential;	245

(4) Involve accusing any person of a crime or formally	246
censuring any person;	247

(5) Disclose information of a personal nature where	248
disclosure would constitute a clearly unwarranted invasion of	249
personal privacy;	250

(6) Disclose investigative records compiled for law	251
enforcement purposes;	252

(7) Disclose information contained in or related to	253
examination, operating, or condition reports prepared by, or on	254
behalf of or for the use of, the interstate commission with	255
respect to a regulated person or entity for the purpose of	256
regulation or supervision of such person or entity;	257

(8) Disclose information, the premature disclosure of which	258
would significantly endanger the stability of a regulated person	259
or entity;	260

(9) Specifically relate to the interstate commission's	261
issuance of a subpoena or its participation in a civil action or	262
other legal proceeding.	263

(J) For every meeting closed pursuant to division (I) of this	264
Article of this compact, the interstate commission's legal counsel	265
shall publicly certify that, in the legal counsel's opinion, the	266
meeting may be closed to the public and shall reference each	267
relevant exemptive provision. The interstate commission shall keep	268
minutes that fully and clearly describe all matters discussed in	269
any meeting and that provide a full and accurate summary of any	270
actions taken, and the reasons for the actions, including a	271
description of each of the views expressed on any item and the	272
record of any roll call vote (reflected in the vote of each member	273
on the question). All documents considered in connection with any	274
action shall be identified in those minutes.	275

(K) The interstate commission shall collect standardized data	276
concerning the interstate movement of juveniles as directed	277
through its rules, which shall specify the data to be collected,	278
the means of collection and data exchange, and reporting	279
requirements. Such methods of data collection, exchange, and	280
reporting shall insofar as is reasonably possible conform to	281
up-to-date technology and coordinate the interstate commission's	282
information functions with the appropriate repository of records.	283

Article IV -- Powers and Duties of the Interstate Commission	284

The interstate commission shall maintain its corporate books	285
and records in accordance with its bylaws.	286

The interstate commission shall have all of the following	287
powers and duties:	288

(A) To provide for dispute resolution among compacting	289
states;	290

(B) To promulgate rules to affect the purposes and	291
obligations as enumerated in this compact, which rules shall have	292
the force and effect of statutory law and shall be binding in the	293
compacting states to the extent and in the manner provided in this	294
compact;	295

(C) To oversee, supervise, and coordinate the interstate	296
movement of juveniles, subject to the terms of this compact and	297
any bylaws adopted and rules promulgated by the interstate	298
commission;	299

(D) To enforce compliance with the provisions of this	300
compact, the rules promulgated by the interstate commission, and	301
the interstate commission's bylaws, using all necessary and proper	302
means, including but not limited to the use of judicial process;	303

(E) To establish and maintain offices, which shall be located	304
within one or more of the compacting states;	305

(F) To purchase and maintain insurance and bonds;

306

(G) To borrow, accept, hire, or contract for services of	307
personnel;	308

(H) To establish and appoint committees and hire staff that	309
it considers necessary for the carrying out of its functions,	310
including, but not limited to, an executive committee as required	311
by Article III of this compact, which executive committee shall	312
have the power to act on behalf of the interstate commission in	313
carrying out its powers and duties under this compact;	314

(I) To elect or appoint officers, attorneys, employees,	315
agents, or consultants, to fix their compensation, define their	316
duties, and determine their qualifications, and to establish the	317
interstate commission's personnel policies and programs relating	318
to, inter alia, conflicts of interest, rates of compensation, and	319
qualifications of personnel;	320

(J) To accept any and all donations and grants of money,	321
equipment, supplies, materials, and services and to receive,	322
utilize, and dispose of same;	323

(K) To lease, purchase, accept contributions or donations of,	324
or otherwise to own, hold, improve, or use any real property,	325
personal property, or mixed real and personal property;	326

(L) To sell, convey, mortgage, pledge, lease, exchange,	327
abandon, or otherwise dispose of any real property, personal	328
property, or mixed real and personal property;	329

(M) To establish a budget and make expenditures and levy dues	330
as provided in Article VIII of this compact;	331

(N) To sue and be sued;

332

(O) To adopt a seal and bylaws governing the management and	333
operation of the interstate commission;	334

(P) To perform any functions that may be necessary or	335
appropriate to achieve the purposes of this compact;	336

(Q) To report annually to the legislatures, governors,	337
judiciary, and state councils for interstate juvenile supervision	338
of the compacting states concerning the activities of the	339
interstate commission during the preceding year, and with the	340
annual reports also including any recommendations that may have	341
been adopted by the interstate commission.	342

(R) To coordinate education, training, and public awareness	343
regarding the interstate movement of juveniles for officials	344
involved in such activity.	345

(S) To establish uniform standards of the reporting,	346
collecting and exchanging of data.	347

Article V -- Organization and Operation of the Interstate	348
Commission	349

Section A. Bylaws

350

The interstate commission, by a majority of the members	351
present and voting and within twelve months after the first	352
interstate commission meeting, shall adopt bylaws to govern its	353
conduct as may be necessary or appropriate to carry out the	354
purposes of this compact, including, but not limited to, bylaws	355
that do all of the following:	356

(1) Establish the fiscal year of the interstate commission;

357

(2) Establish an executive committee and any other committees	358
that may be necessary;	359

(3) Provide for the establishment of committees governing any	360
general or specific delegation of any authority or function of the	361
interstate commission;	362

(4) Provide reasonable procedures for calling and conducting	363
meetings of the interstate commission and ensuring reasonable	364
notice of each such meeting;	365

(5) Establish the titles and responsibilities of the officers	366
of the interstate commission;	367

(6) Provide a mechanism for concluding the operations of the	368
interstate commission and the return of any surplus funds that may	369
exist upon the termination of this compact after the payment or	370
reserving of all of its debts and obligations, or both;	371

(7) Provide start-up rules for initial administration of this	372
compact;	373

(8) Establish standards and procedures for compliance and	374
technical assistance in carrying out this compact.	375

Section B. Officers and Staff

376

(1) The interstate commission, by a majority of the members,	377
shall elect annually from among its members a chairperson and a	378
vice chairperson, each of whom shall have such authority and	379
duties as may be specified in the interstate commission's bylaws.	380
The chairperson or, in the chairperson's absence or disability,	381
the vice chairperson shall preside at all meetings of the	382
interstate commission. The officers so elected shall serve without	383
compensation or remuneration from the interstate commission;	384
provided that, subject to the availability of budgeted funds, the	385
officers shall be reimbursed for any ordinary and necessary costs	386
and expenses incurred by them in the performance of their duties	387
and responsibilities as officers of the interstate commission.	388

(2) The interstate commission, through its executive	389
committee, shall appoint or retain an executive director for such	390
period, upon such terms and conditions, and for such compensation	391
as the interstate commission considers appropriate. The executive	392
director shall serve as secretary to the interstate commission but	393
shall not be a member of the interstate commission. The executive	394
director shall hire and supervise such other staff as may be	395
authorized by the interstate commission.	396

Section C. Qualified Immunity, Defense, and Indemnification

397

(1) Except as otherwise provided in this subsection, the	398
interstate commission's executive director and each of its	399
employees shall be immune from suit and liability, either	400
personally or in the executive director's or employee's official	401
capacity, for any claim for damage to or loss of property or	402
personal injury or other civil liability caused or arising out of	403
or relating to any actual or alleged act, error, or omission that	404
occurred, or that the executive director or employee had a	405
reasonable basis for believing occurred, within the scope of	406
commission employment, duties, or responsibilities. The executive	407
director or an employee shall not be protected from suit or	408
liability for any damage, loss, injury, or liability caused by the	409
executive director's or employee's willful and wanton misconduct	410
of any such person.	411

(2) The liability of any commissioner, or the employee or	412
agent of a commissioner, acting within the scope of such person's	413
employment or duties for acts, errors, or omissions occurring	414
within such person's state may not exceed the limits of liability	415
set forth under the constitution and laws of that state for state	416
officials, employees, and agents. Nothing in this subsection shall	417
be construed to protect any such person from suit or liability for	418
any damage, loss, injury, or liability caused by the intentional	419
or willful and wanton misconduct of any such person.	420

(3) Except as otherwise provided in this subsection, the	421
interstate commission shall defend the executive director or the	422
employees or representatives of the interstate commission and,	423
subject to the approval of the attorney general of the state	424
represented by any commissioner of a compacting state, shall	425
defend such commissioner or the commissioner's representatives or	426
employees in any civil action seeking to impose liability arising	427
out of any actual or alleged act, error, or omission that occurred	428
within the scope of interstate commission employment, duties, or	429
responsibilities, or that the defendant had a reasonable basis for	430
believing occurred within the scope of interstate commission	431
employment, duties, or responsibilities. The duty to defend	432
described in this division does not apply if the actual or alleged	433
act, error, or omission in question resulted from intentional or	434
willful and wanton misconduct on the part of the executive	435
director, employee, or representative of the interstate commission	436
or the commissioner of a compacting state or the commissioner's	437
representatives or employees.	438

(4) Except as otherwise provided in this subsection, the	439
interstate commission shall indemnify and hold the commissioner of	440
a compacting state, or the commissioner's representatives or	441
employees, or the interstate commission's representatives or	442
employees, harmless in the amount of any settlement or judgment	443
obtained against such persons arising out of any actual or alleged	444
act, error, or omission that occurred within the scope of	445
interstate commission employment, duties, or responsibilities, or	446
that such persons had a reasonable basis for believing occurred	447
within the scope of interstate commission employment, duties, or	448
responsibilities. The duty to indemnify and hold harmless	449
described in this division does not apply if the actual or alleged	450
act, error, or omission in question resulted from intentional or	451
willful and wanton misconduct on the part of the commissioner of a	452
compacting state or the commissioner's representatives or	453
employees or the interstate commission's representatives or	454
employees.	455

Article VI -- Rulemaking Functions of the Interstate Commission	456

(A) The interstate commission shall promulgate and publish	457
rules in order to effectively and efficiently achieve the purposes	458
of this compact.	459

(B) Rulemaking shall occur pursuant to the criteria set forth	460
in this Article and the bylaws and rules adopted pursuant thereto.	461
The rulemaking shall substantially conform to the principles of	462
the "Model State Administrative Procedures Act," 1981 Act, Uniform	463
Laws Annotated, Vol. 15, p. 1 (2000), or another administrative	464
procedures act, as the interstate commission determines	465
appropriate consistent with due process requirements under the	466
United States Constitution as now or hereafter interpreted by the	467
United States Supreme Court. All rules and amendments shall become	468
binding as of the date specified, as published with the final	469
version of the rule as approved by the interstate commission.	470

(C) When promulgating a rule, the interstate commission, at a	471
minimum, shall do all of the following:	472

(1) Publish the proposed rule's entire text stating the	473
reason or reasons for that proposed rule;	474

(2) Allow and invite any and all persons to submit written	475
data, facts, opinions, and arguments, which information shall be	476
added to the record and be made publicly available;	477

(3) Provide an opportunity for an informal hearing, if	478
petitioned by ten or more persons;	479

(4) Promulgate a final rule and its effective date, if	480
appropriate, based on input from state or local officials, or	481
interested parties.	482

(D) When the interstate commission promulgates a rule, not	483
later than sixty days after the rule is promulgated, any	484
interested person may file a petition in the United States	485
district court for the District of Columbia or in the federal	486
district court where the interstate commission's principal office	487
is located, for judicial review of the rule. If the court finds	488
that the interstate commission's action is not supported by	489
substantial evidence in the rulemaking record, the court shall	490
hold the rule unlawful and set it aside. For purposes of this	491
division, evidence is substantial if it would be considered	492
substantial evidence under the "Model State Administrative	493
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1	494
(2000).	495

(E) If a majority of the legislatures of the compacting	496
states rejects a rule, those states, by enactment of a statute or	497
resolution in the same manner used to adopt the compact, may cause	498
that such rule shall have no further force and effect in any	499
compacting state.	500

(F) The existing rules governing the operation of the	501
interstate compact on juveniles that is superseded by this compact	502
shall be null and void twelve months after the first meeting of	503
the interstate commission created under this compact.	504

(G) Upon determination by the interstate commission that a	505
state-of-emergency exists, it may promulgate an emergency rule. An	506
emergency rule so promulgated shall become effective immediately	507
upon adoption, provided that the usual rulemaking procedures	508
specified in this Article shall be retroactively applied to the	509
emergency rule as soon as reasonably possible, but not later than	510
ninety days after the effective date of the emergency rule.	511

Article VII -- Oversight, Enforcement, and Dispute Resolution by	512
the Interstate Commission	513

A Oversight and Enforcement

514

(1) The interstate commission shall oversee the	515
administration and operations of the interstate movement of	516
juveniles subject to this compact in the compacting states and	517
shall monitor such activities being administered in noncompacting	518
states that may significantly affect compacting states.	519

(2) The courts and executive agencies in each compacting	520
state shall enforce this compact and shall take all actions	521
necessary and appropriate to effectuate this compact's purposes	522
and intent. The provisions of this compact and the rules	523
promulgated under it shall be received by all the judges, public	524
officers, commissions, and departments of the state government as	525
evidence of the authorized statute and administrative rules. All	526
courts shall take judicial notice of the compact and the rules. In	527
any judicial or administrative proceeding in a compacting state	528
pertaining to the subject matter of this compact that may affect	529
the powers, responsibilities, or actions of the interstate	530
commission, the interstate commission shall be entitled to receive	531
all service of process in the proceeding and shall have standing	532
to intervene in the proceeding for all purposes.	533

Section B. Dispute Resolution

534

(1) The compacting states shall report to the interstate	535
commission on all issues and activities necessary for the	536
administration of this compact and on all issues and activities	537
pertaining to compliance with the provisions of this compact and	538
the interstate commission's bylaws and rules.	539

(2) The interstate commission, upon the request of a	540
compacting state, shall attempt to resolve any disputes or other	541
issues that are subject to this compact and that may arise among	542
compacting states and between compacting and non-compacting	543
states. The interstate commission shall promulgate a rule	544
providing for both mediation and binding dispute resolution for	545
disputes among the compacting states.	546

(3) The interstate commission, in the reasonable exercise of	547
its discretion, shall enforce the provisions and rules of this	548
compact using any or all means set forth in Article XI of this	549
compact.	550

Article VIII -- Finance	551

(A) The interstate commission shall pay or provide for the	552
payment of the reasonable expenses of its establishment,	553
organization, and ongoing activities.	554

(B) The interstate commission shall levy on and collect an	555
annual assessment from each compacting state to cover the cost of	556
the internal operations and activities of the interstate	557
commission and its staff. The annual assessment shall be in a	558
total amount sufficient to cover the interstate commission's	559
annual budget as approved each year. The aggregate annual	560
assessment amount shall be allocated based upon a formula to be	561
determined by the interstate commission, taking into consideration	562
the population of each compacting state and the volume of	563
interstate movement of juveniles in each compacting state. The	564
interstate commission shall promulgate a rule binding upon all	565
compacting states that governs the assessment.	566

(C) The interstate commission shall not incur any obligations	567
of any kind prior to securing the funds adequate to meet the	568
obligations. The interstate commission shall not pledge the credit	569
of any of the compacting states, except by and with the authority	570
of the compacting state.	571

(D) The interstate commission shall keep accurate accounts of	572
all receipts and disbursements. The receipts and disbursements of	573
the interstate commission shall be subject to the audit and	574
accounting procedures established under its bylaws. However, all	575
receipts and disbursements of funds handled by the interstate	576
commission shall be audited yearly by a certified or licensed	577
public accountant and the report of the audit shall be included in	578
and become part of the annual report of the interstate commission.	579

Article IX -- The State Council	580

Each compacting state shall create a state council for	581
interstate juvenile supervision. While each compacting state may	582
determine the membership of its own state council, its membership	583
must include at least one representative from the legislative,	584
judicial, and executive branches of government, victims groups,	585
and the compact administrator, deputy compact administrator, or	586
designee. Each compacting state retains the right to determine the	587
qualifications of the compact administrator or deputy compact	588
administrator for the state. Each state council shall advise and	589
may exercise oversight and advocacy concerning that state's	590
participation in interstate commission activities and other duties	591
as may be determined by that state, including but not limited to,	592
development of policy concerning operations and procedures of the	593
compact within that state.	594

Article X – Compacting States, Effective Date, and Amendment	595

(A) Any state, as defined in Article II of this compact, is	596
eligible to become a compacting state.	597

(B) This compact shall become effective and binding upon	598
legislative enactment of the compact into law by no less than	599
thirty-five of the states. The initial effective date shall be the	600
later of July 1, 2004, or upon enactment into law by the	601
thirty-fifth jurisdiction. Thereafter, this compact shall become	602
effective and binding as to any other compacting state upon	603
enactment of this compact into law by that state. The governors of	604
non-compacting states or their designees shall be invited to	605
participate in the activities of the interstate commission on a	606
non-voting basis prior to adoption of this compact by all states.	607

(C) The interstate commission may propose amendments to this	608
compact for enactment by the compacting states. No amendment shall	609
become effective and binding upon the interstate commission and	610
the compacting states unless and until it is enacted into law by	611
unanimous consent of the compacting states.	612

Article XI – Withdrawal, Default, Termination, and Judicial	613
Enforcement	614

Section A. Withdrawal

615

(1) Once effective, this compact shall continue in force and	616
remain binding upon each and every compacting state, provided that	617
a compacting state may withdraw from this compact by specifically	618
repealing the statute that enacted this compact into law.	619

(2) The effective date of withdrawal of a compacting state is	620
the effective date of the state's repeal of the statute that	621
enacted this compact into law.	622

(3) A compacting state that withdraws from this compact shall	623
immediately notify the chairperson of the interstate commission in	624
writing upon the introduction of legislation repealing this	625
compact in the withdrawing state. The interstate commission shall	626
notify the other compacting states of the withdrawing state's	627
intent to withdraw within sixty days of the interstate	628
commission's receipt of the notice from the withdrawing state.	629

(4) A compacting state that withdraws from this compact is	630
responsible for all assessments, obligations, and liabilities	631
incurred through the effective date of withdrawal, including any	632
obligations, the performance of which extend beyond the effective	633
date of withdrawal.	634

(5) If a compacting state withdraws from this compact,	635
reinstatement of the withdrawing state following withdrawal shall	636
occur upon the withdrawing state reenacting this compact or upon	637
such later date as determined by the interstate commission.	638

Section B. Technical Assistance, Fines, Suspension,	639
Termination, and Default	640

(1) If the interstate commission determines that any	641
compacting state has at any time defaulted in the performance of	642
any of its obligations or responsibilities under this compact, or	643
under the interstate commission's bylaws or duly promulgated	644
rules, the interstate commission may impose one or more of the	645
following penalties:	646

(a) Remedial training and technical assistance as directed by	647
the interstate commission;	648

(b) Alternative dispute resolution;

649

(c) Fines, fees, and costs in such amounts as are deemed to	650
be reasonable as fixed by the interstate commission;	651

(d) Suspension or termination of membership in this compact,	652
provided that suspension or termination of membership shall be	653
imposed only after all other reasonable means of securing	654
compliance under the bylaws and rules have been exhausted and the	655
interstate commission has therefore determined that the offending	656
state is in default. Immediate notice of suspension shall be given	657
by the interstate commission to the governor of the defaulting	658
state, its chief justice or the chief judicial officer, the	659
majority and minority leaders of its state legislature, and the	660
state council for interstate juvenile supervision. The grounds for	661
default include, but are not limited to, failure of a compacting	662
state to perform such obligations or responsibilities imposed upon	663
it by this compact, by the interstate commission's bylaws, or by	664
its duly promulgated rules, and any other grounds designated in	665
commission bylaws and rules. The interstate commission shall	666
immediately notify the defaulting state in writing of the penalty	667
imposed by the interstate commission and of the default pending a	668
cure of the default. The interstate commission shall stipulate the	669
conditions and the time period within which the defaulting state	670
must cure its default. If the defaulting state fails to cure the	671
default within the time period specified by the interstate	672
commission, the defaulting state shall be terminated from this	673
compact upon an affirmative vote of a majority of the compacting	674
states and all rights, privileges, and benefits conferred by this	675
compact shall be terminated from the effective date of	676
termination.	677

(2) Within sixty days of the effective date of termination of	678
a defaulting compacting state, the interstate commission shall	679
notify the defaulting state's governor, its chief justice or chief	680
judicial officer, the majority and minority leaders of its state	681
legislature, and the state council for interstate juvenile	682
supervision of the termination.	683

(3) A defaulting compacting state is responsible for all	684
assessments, obligations, and liabilities incurred through the	685
effective date of termination, including any obligations the	686
performance of which extends beyond the effective date of	687
termination.	688

(4) The interstate commission shall not bear any costs	689
relating to a defaulting compacting state unless otherwise	690
mutually agreed upon in writing between the interstate commission	691
and the defaulting state.	692

(5) If a defaulting compacting state is terminated,	693
reinstatement of the defaulting state following termination	694
requires both a reenactment of the compact by the defaulting state	695
and the approval of the interstate commission pursuant to its	696
rules.	697

Section C. Judicial Enforcement

698

The interstate commission, by majority vote of the members,	699
may initiate legal action against any compacting state to enforce	700
compliance with the provisions of this compact, and the interstate	701
commission's duly promulgated rules and bylaws. Any such action,	702
if initiated, shall be initiated in the United States district	703
court for the District of Columbia or, at the discretion of the	704
interstate commission, in the federal district where the	705
interstate commission has its offices. In the event judicial	706
enforcement is necessary, the prevailing party shall be awarded	707
all costs of the litigation including reasonable attorney's fees.	708

D Dissolution of Compact

709

(1) This compact dissolves effective upon the date of the	710
withdrawal or default of the compacting state, which reduces	711
membership in this compact to one compacting state.	712

(2) Upon the dissolution of this compact, the compact becomes	713
null and void and shall be of no further force or effect, the	714
business and affairs of the interstate commission shall be	715
concluded, and any surplus funds shall be distributed in	716
accordance with the interstate commission's bylaws.	717

Article XII – Severability and Construction

718

(A) The provisions of this compact shall be severable, and if	719
any phrase, clause, sentence, or provision is deemed	720
unenforceable, the remaining provisions of the compact shall be	721
enforceable.	722

(B) The provisions of this compact shall be liberally	723
construed to effectuate its purposes.	724

Article XIII – Binding Effect of Compact and Other laws	725

Section A. Other Laws

726

(1) Nothing in this compact prevents the enforcement of any	727
other law of a compacting state that is not inconsistent with this	728
compact.	729

(2) All compacting states' laws, other than state	730
constitutions and other interstate compacts, conflicting with this	731
compact are superseded to the extent of the conflict.	732

Section B. Binding Effect of the Compact

733

(1) All lawful actions of the interstate commission,	734
including all rules and bylaws promulgated by the interstate	735
commission, are binding upon the compacting states.	736

(2) All agreements between the interstate commission and the	737
compacting states are binding in accordance with their terms.	738

(3) Upon the request of a party to a conflict over the	739
meaning or interpretation of interstate commission actions, and	740
upon a majority vote of the compacting states, the interstate	741
commission may issue advisory opinions regarding that meaning or	742
interpretation.	743

(4) In the event any provision of this compact exceeds the	744
constitutional limits imposed on the legislature of any compacting	745
state, the obligations, duties, powers, or jurisdiction sought to	746
be conferred by that provision upon the interstate commission	747
shall be ineffective and such obligations, duties, powers, or	748
jurisdiction shall remain in the compacting state and shall be	749
exercised by the agency of that state to which such obligations,	750
duties, powers, or jurisdiction are delegated by law in effect at	751
the time this compact becomes effective.	752

Article XIV – Financial Reimbursement	753

The state agency responsible for administering this compact	754
shall have the legal authority to recoup fines, fees and costs	755
imposed by the interstate commission as stated in Article XI,	756
Section B, Subsection (c) of this compact when the default in	757
performance is the result of a decision made by an entity outside	758
the jurisdiction of the agency administering this compact.	759

Sec. 2151.57.  (A) As used in sections 2151.57 to 2151.59 of	760
the Revised Code:	761

(1) "Interstate compact for juveniles" means the interstate	762
compact for juveniles ratified, enacted into law, and entered into	763
by this state pursuant to section 2151.56 of the Revised Code.	764

(2) "Bylaws," "commissioner," "compact administrator,"	765
"deputy compact administrator," and "interstate commission for	766
juveniles" have the same meanings as in section 2151.56 of the	767
Revised Code.	768

(B) The state council for interstate juvenile supervision is	769
hereby established within the department of youth services. The	770
council shall consist of the following members:	771

(1) One member who is the compact administrator, the deputy	772
compact administrator, or the designee of the compact	773
administrator or deputy compact administrator;	774

(2) One member of the house of representatives appointed by	775
the speaker of the house of representatives;	776

(3) One member of the senate appointed by the president of	777
the senate;	778

(4) One member who is a representative of the executive	779
branch of state government, in addition to the member described in	780
division (B)(1) of this section, appointed by the governor;	781

(5) One member who is a representative of the judiciary, who	782
shall be a juvenile court judge appointed by the chief justice of	783
the supreme court;	784

(6) One member who is a person who represents an organization	785
that advocates for the rights of victims of crime or a delinquent	786
act, appointed by the governor.	787

(C) The state council for interstate juvenile supervision	788
shall advise and may exercise oversight and advocacy concerning	789
this state's participation in activities of the interstate	790
commission for juveniles, shall develop policy for this state	791
concerning operations and procedures of the interstate compact for	792
juveniles within this state, and shall perform other duties	793
assigned to state councils under that compact.	794

Sec. 2151.58.  (A) The governor shall appoint the director of	795
youth services as the compact administrator for the interstate	796
compact for juveniles. The governor shall appoint the deputy	797
director of the department of youth services as the deputy compact	798
administrator for the interstate compact for juveniles.	799

(B) The governor shall appoint the compact administrator or	800
deputy compact administrator, or shall allow the compact	801
administrator or deputy compact administrator to appoint a	802
designee, to serve as the commissioner from this state on the	803
interstate commission for juveniles.	804

Sec. 2151.59.  (A) The department of youth services is the	805
state agency responsible for administering the interstate compact	806
for juveniles in this state.	807

(B) The department of youth services shall pay all of the	808
following:	809

(1) The annual assessment charged to this state for	810
participating in the interstate compact for juveniles;	811

(2) All fines, fees, or costs assessed against this state by	812
the interstate commission for juveniles for any default in the	813
performance of this state's obligations or responsibilities under	814
the compact, the bylaws, or rules duly promulgated under the	815
compact.	816

Section 2.  That sections 2151.56, 2151.57, 2151.58, 2151.59,	817
2151.60, and 2151.61 of the Revised Code are hereby repealed.	818

Section 3.  Upon the effective date of this act, the versions	819
of sections 2151.56, 2151.57, 2151.58, and 2151.59 of the Revised	820
Code enacted in Section 1 of this act will replace the versions of	821
those sections, and the versions of sections 2151.60 and 2151.61	822
of the Revised Code, in effect on the day immediately preceding	823
the effective date of this act.	824