HB 1321 - This acts creates the Interstate Compact for Adult Offender Supervision. The Interstate Commission for Adult Offender Supervision shall promote interstate cooperation and establish uniform procedures to oversee the interstate movement of adult offenders in participating states, and shall monitor activities administered in non-participating states which may significantly affect states within the compact. Each participating state shall establish a State Council to appoint a commissioner as the voting representative of the state on the Interstate Commission. In addition, each state shall select ex officio members from interested organizations, including the state Chief Justice and Attorney General. The Commission shall meet at least once a year, and each participating state is allowed one vote. An Executive Committee shall administer the daily operations of the Commission, including enforcement and compliance.

Each State Council shall consist of at least one representative from the legislative, judicial and executive branches of government and victims groups, as well as the state's Compact Administrator, who shall be appointed either by the Council or by the Governor in consultation with the legislature and the judiciary.

The Interstate Commission may promulgate rules, which shall have the force and effect of law and shall be binding on all participating states. Among other powers, the Commission may oversee, supervise and coordinate the interstate movement of offenders, and enforce compliance with compact provisions and Commission rules. Members, officers and employees of the Commission shall be immune from liability, either personally or in their official capacity, for any civil claim arising out of acts or omissions that occurred within the scope of the Interstate Commission involvement.

The Commission shall establish in its by-laws procedures which govern public inspection of its records. The Commission may exempt from disclosure any records to the extent disclosure would adversely affect personal property rights or proprietary interests. Under certain conditions, certified by the Commission's chief legal officer, meetings of the Commission may be closed to the public. The procedure for rulemaking must substantially conform to the principles of the federal Administrative Procedure Act. The act specifies certain procedural requirements.

Courts and executive agencies in each compacting state shall enforce the compact by taking all necessary and appropriate actions. The Interstate Commission shall be entitled to service of process and shall have standing to intervene in any judicial or administrative proceeding which may affect the powers, duties or actions of the Interstate Commission. The compacting states shall report to the Commission, and cooperate with the Commission in the discharge of its duties. The Commission shall attempt to resolve any dispute between compacting states, including by mediation and binding dispute resolution.

The Commission shall pay the reasonable expenses of its establishment and ongoing activities, through a levy on each compacting state. The annual aggregate assessment shall be allocated based on a formula determined by the Commission, taking into consideration the states' populations and the volume of interstate movement of offenders.

The Compact shall be effective on July 1, 2001, or the date of enactment by the 35th state, whichever occurs later. A state may withdraw from the Compact by repealing the relevant laws. The Interstate Commission may determine that a compacting state has defaulted in its duties and assess any of the specified penalties, including remedial training and suspension of membership.

Nothing in the act prevents enforcement of state laws that are not inconsistent with the act. All compacting states' laws that conflict with the Compact are superseded to the extent of the conflict. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of a participating state, the powers or duties sought to be conferred upon the Commission shall be ineffective and shall be exercised by the agency to which the powers or duties are delegated by law.
JOAN GUMMELS