SB 1373 Creates the Interstate Compact for Juveniles
LR Number:4143S.01I Fiscal Note:4143-01
Committee:Judiciary and Civil & Criminal Jurisprudence
Last Action:03/04/04 - Second Read and Referred S Judiciary and Civil & Journal page:S546
Criminal Jurisprudence Committee
Effective Date:August 28, 2004
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Current Bill Summary

SB 1373 - This act is the "Interstate Compact for Juveniles" which states the responsibilities of the compacting states to ensure the welfare and safe return of juveniles, delinquents, and status offenders who have absconded, escaped, or run away from supervision and control while endangering the safety of themselves and others. The compact also recognizes that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. This act acknowledges the authorization and encouragement by Congress to recognize such compacts. The act calls for the compacting states to achieve their goals through joint and cooperative action.

INTERSTATE COMMISSION FOR JUVENILES - This act states that the compacting states shall create an "Interstate Commission for Juveniles," which shall be a body corporate and joint agency of the compacting states. In addition to commissioners from each state, the Commission shall include certain include non- voting individuals who are members of interested organizations. Each compacting state at a meeting is entitled to one vote and a majority of the states is a quorum.

An executive committee shall act on behalf of the Commission when it is not in session and oversee the day-to- day activities.

This act creating the compact requires the Commission to meet at least once a year and establishes the rules for voting. The by-laws of the Commission will establish the procedure for making records and information available to the public. The procedure and rules regarding meetings, whether they be open or closed, is contained in the act. The Commission must collect data concerning the movement of juveniles.

POWERS AND DUTIES OF THE INTERSTATE COMMISSION - This act establishes the powers and duties of the Interstate Commission which encompass many areas that contribute to the compacting states reaching the intended goal of protecting and returning juveniles, along with day-to-day activities needed to keep the entity functioning.

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION -The act establishes the organization and operation of the Interstate Commission including the subjects that must be covered by the by-laws, the election of officers, and the appointment or retention of an executive director.

The act establishes the qualified immunity, available defenses, and indemnification that apply to the Commission's executive director and employees. Rulemaking Functions of the Interstate Commission

The act establishes the rulemaking functions of the Interstate Commission which must promulgate and publish rules in order to achieve the purposes of the compact.

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION - Under this act, the Interstate Commission shall oversee the administration and operation of the interstate movement of juveniles subject to the compact. The courts and executive agencies in the states will enforce the compact. The act also requires the Interstate Commission to attempt dispute resolution in the circumstance of disagreement regarding an issue of the compact among the compacting states.

FINANCE - This act establishes the financing and accounting of the Interstate Commission.

STATE COUNCIL - This act requires that each state that is a member of the compact create a State Council for Interstate Juvenile Supervision with members representing branches of government and other groups.

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT - Any state, the District of Columbia, or territory is eligible to become a member of the compact.

The compact shall become effective and binding upon the legislative enactment of the compact into law by no less than 35 of the states. The act provides for the amending process with the compact.

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT - The act also provides for the withdrawal of states through the repeal of the enacting statute and the responsibilities of those states that choose to do so.

The compact also provides for the imposition of penalties when a compacting state defaults in the performance of its obligations, which includes alternative dispute resolution, remedial training, suspension, and termination.

Under this act, the Interstate Commission may initiate legal action in the U.S. District Court for the District of Columbia or where the offices of the Commission are located.

Upon dissolution, the compact becomes null and void with no further force or effect.

BINDING EFFECT OF THE COMPACT AND OTHER LAWS - Nothing in the compact shall prevent the enforcement of any other law of a compacting state that is not inconsistent with the compact. All conflicting laws except state constitutions and other interstate compacts are superseded by this compact. All lawful actions taken by the Interstate Commission and agreements between the Interstate Commission and the compacting states are binding.