Chapter 729 Oregon Laws 2001
AN ACT
HB 2393
Relating to the Interstate
Compact for Adult Offender Supervision; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2001 Act shall be
known and may be cited as the Interstate Compact for Adult Offender
Supervision.
SECTION 2.
The Legislative Assembly hereby approves
and the Governor is authorized to enter into a compact on behalf of this state
with any other state or states legally joining therein in the form
substantially as follows:
____________________________________________________________________________
ARTICLE I
PURPOSE
(a) The compacting
states to this interstate compact recognize that each state is responsible for
the supervision of adult offenders in the community who are authorized pursuant
to the bylaws and rules of this compact to travel across state lines both to
and from each compacting state in such a manner as to track the location of
offenders, transfer supervision authority in an orderly and efficient manner
and, when necessary, return offenders to the originating jurisdictions. The
compacting states also recognize that the United States Congress, by enacting 4
U.S.C. 112, has authorized and encouraged compacts for cooperative efforts and
mutual assistance in the prevention of crime.
(b) It is the purpose of
this compact and the Interstate Commission created under this compact, through
means of joint and cooperative action among the compacting states: To provide
the framework for the promotion of public safety and protect the rights of
victims through the control and regulation of the interstate movement of
offenders in the community; to provide for the effective tracking, supervision
and rehabilitation of these offenders by the sending and receiving states; and
to equitably distribute the costs, benefits and obligations of the compact
among the compacting states.
(c) In addition, this
compact is intended to: Create an Interstate Commission that will establish
uniform procedures to manage the movement between states of offenders placed
under community supervision and released to the community under the jurisdiction
of courts, paroling authorities or corrections or other criminal justice
agencies that will promulgate rules to achieve the purpose of this compact;
ensure an opportunity for input and timely notice to victims and to
jurisdictions where offenders are authorized to travel or to relocate across
state lines; establish a system of uniform data collection, access to
information on active cases by authorized criminal justice officials and
regular reporting of compact activities to the heads of State Councils, the
state executive, judicial and legislative branches and the criminal justice
administrators; monitor compliance with rules governing interstate movement of
offenders and initiate interventions to address and correct noncompliance; and
coordinate training and education on the regulation of interstate movement of
offenders for officials involved in such activity.
(d) The compacting
states recognize that there is no right of any offender to live in another
state and that duly accredited officers of a sending state may at all times
enter a receiving state and there apprehend and retake any offender under
supervision, subject to the provisions of this compact and the bylaws and rules
promulgated under this compact. It is the policy of the compacting states that
the activities conducted by the Interstate Commission are intended to formulate
public policy and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this
compact, unless the context clearly requires a different construction:
(a) “Adult” means a
person who is 18 years of age or older or a person under 18 years of age who is
legally classified, either by statute or court order, as an adult.
(b) “Bylaws” means those
bylaws established by the Interstate Commission for its governance or for
directing or controlling the Interstate Commission’s actions or conduct.
(c) “Compact
Administrator” means the individual in each compacting state appointed pursuant
to the terms of this compact responsible for the administration and management
of the state’s supervision and transfer of offenders subject to the terms of
this compact, the rules adopted by the Interstate Commission and policies
adopted by the State Council under this compact.
(d) “Compacting state”
means any state which has enacted the enabling legislation for this compact.
(e) “Commissioner” means
the voting representative of each compacting state appointed pursuant to
Article III of this compact.
(f) “Interstate
Commission” means the Interstate Commission for Adult Offender Supervision
created by Article III of this compact.
(g) “Member” means the
commissioner of a compacting state or the commissioner’s designee, who shall be
an individual officially connected with the commissioner.
(h) “Noncompacting
state” means any state that has not enacted the enabling legislation for this
compact.
(i) “Offender” means an
adult placed under or subject to supervision as the result of the commission of
a criminal offense and released to the community under the jurisdiction of
courts, paroling authorities or corrections or other criminal justice agencies.
(j) “Person” means any
individual, corporation, business enterprise or other legal entity, either
public or private.
(k) “Rules” means acts
of the Interstate Commission, duly promulgated pursuant to Article VIII of this
compact and substantially affecting interested parties in addition to the
Interstate Commission, that have the force and effect of law in the compacting
states.
(L) “State” means a
state of the United States, the District of Columbia or any territorial
possession of the United States.
(m) “State Council”
means the resident members of the State Council for Interstate Adult Offender
Supervision created by each state under Article IV of this compact.
ARTICLE III
THE INTERSTATE COMMISSION
FOR ADULT OFFENDER SUPERVISION
(a) The compacting
states hereby create the Interstate Commission for Adult Offender Supervision.
The Interstate Commission shall be a body corporate and joint agency of the
compacting states. The Interstate Commission shall have all the
responsibilities, powers and duties set forth in this compact, including the power
to sue and be sued and such additional powers as may be conferred upon it by
subsequent action of the respective legislatures of the compacting states in
accordance with the terms of this compact.
(b) The Interstate
Commission shall consist of commissioners selected and appointed by each state.
In addition to the commissioners who are the voting representatives of each
state, the Interstate Commission shall include individuals who are not commissioners
but who are members of interested organizations. Such noncommissioner members
must include a member of the national organizations of governors, legislators,
state chief justices, attorneys general and crime victims. All noncommissioner
members of the Interstate Commission shall be nonvoting members. The Interstate
Commission may provide in its bylaws for such additional nonvoting members as
it deems necessary.
(c) Each compacting
state represented at any meeting of the Interstate Commission is entitled to
one vote. A majority of the compacting states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the bylaws of
the Interstate Commission.
(d) The Interstate
Commission shall meet at least once each calendar year. The chairperson may
call additional meetings and, upon the request of 27 or more compacting states,
shall call additional meetings. Public notice shall be given of all meetings and
meetings shall be open to the public, except as provided in Article VII of this
compact.
(e) The Interstate
Commission shall establish an executive committee that shall include commission
officers, members and others as shall be determined by the bylaws. The
executive committee shall have the power to act on behalf of the Interstate
Commission during periods when the Interstate Commission is not in session,
with the exception of rulemaking or amendment to the compact. The executive
committee oversees the day-to-day activities managed by the executive director
and Interstate Commission staff, administers enforcement and compliance with
the provisions of the compact, its bylaws and rules and as directed by the
Interstate Commission and performs other duties as directed by the Interstate
Commission or as set forth in the bylaws and rules.
ARTICLE IV
THE COMPACT ADMINISTRATOR AND STATE COUNCIL
(a) The Director of
the Department of Corrections, or the director’s designee, shall serve as the
Compact Administrator for the State of Oregon and as Oregon’s commissioner to
the Interstate Commission.
(b) The Oregon State
Council for Interstate Adult Offender Supervision is established, consisting of
seven members. The Director of the Department of Corrections, or the director’s
designee, is a member of the State Council and serves as chairperson of the
State Council. Of the remaining members of the State Council:
(1) The Governor shall
appoint three members, one of whom must represent a crime victims’
organization; and
(2) The Chief Justice of
the Supreme Court, the President of the Senate and the Speaker of the House of
Representatives shall each appoint one member.
(c) The term of office
of a member is four years.
(d) The State Council
shall meet at least once each calendar year.
(e) The State Council
may advise the Compact Administrator on participation in the Interstate
Commission activities and administration of the compact.
(f) Members of the State
Council are entitled to expenses as provided in ORS 292.495. Any legislative
members are entitled to payment of compensation and expense reimbursement under
ORS 171.072, payable from funds appropriated to the Legislative Assembly.
(g) The State Council is
subject to the provisions of ORS 291.201 to 291.222 and 291.232 to 291.260.
(h) The Department of
Corrections shall provide staff support for the State Council.
ARTICLE V
POWERS AND DUTIES
OF THE INTERSTATE COMMISSION
The Interstate
Commission shall have the following powers:
(a) To adopt a seal and
suitable bylaws governing the management and operation of the Interstate
Commission.
(b) To promulgate rules
which shall have the force and effect of statutory law and shall be binding in
the compacting states to the extent and in the manner provided in this compact.
(c) To oversee,
supervise and coordinate the interstate movement of offenders subject to the
terms of this compact and any bylaws adopted and rules promulgated by the
Interstate Commission.
(d) To enforce
compliance with the compact and the rules and bylaws of the Interstate
Commission, using all necessary and proper means, including, but not limited
to, the use of judicial process.
(e) To establish and
maintain offices.
(f) To purchase and
maintain insurance and bonds.
(g) To borrow, accept or
contract for the services of personnel, including, but not limited to, members
and their staffs.
(h) To establish and
appoint committees and hire staff that it deems necessary to carry out its
functions, including, but not limited to, an executive committee as required by
Article III of this compact, which shall have the power to act on behalf of the
Interstate Commission in carrying out its powers and duties under this compact.
(i) To elect or appoint
officers, attorneys, employees, agents or consultants, and to fix their
compensation, define their duties and determine their qualifications, and to
establish the Interstate Commission’s personnel policies and programs relating
to, among other things, conflicts of interest, rates of compensation and
qualifications of personnel.
(j) To accept any and
all donations and grants of money, equipment, supplies, materials and services,
and to receive, utilize and dispose of same.
(k) To lease, purchase,
accept contributions or donations of any property, or otherwise to own, hold,
improve or use any property, whether real, personal or mixed.
(L) To sell, convey,
mortgage, pledge, lease, exchange, abandon or otherwise dispose of any
property, whether real, personal or mixed.
(m) To establish a
budget and make expenditures and levy dues as provided in Article X of this
compact.
(n) To sue and be sued.
(o) To provide for
dispute resolution among compacting states.
(p) To perform such
functions as may be necessary or appropriate to achieve the purposes of this
compact.
(q) To report annually
to the legislatures, governors, judiciary and State Councils of the compacting
states concerning the activities of the Interstate Commission during the
preceding year. Such reports shall also include any recommendations that may have
been adopted by the Interstate Commission.
(r) To coordinate
education, training and public awareness regarding the interstate movement of
offenders for officials involved in such activity.
(s) To establish uniform
standards for the reporting, collecting and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION
(a) The Interstate
Commission shall, by a majority of the members, within 12 months of the first
Interstate Commission meeting, adopt bylaws to govern its conduct as may be
necessary or appropriate to carry out the purposes of the compact, including,
but not limited to:
(1) Establishing the
fiscal year of the Interstate Commission.
(2) Establishing an
Executive Committee and such other committees as may be necessary.
(3) Providing reasonable
standards and procedures:
(i) For the
establishment of committees; and
(ii) Governing any
general or specific delegation of any authority or function of the Interstate
Commission.
(4) Providing reasonable
procedures for calling and conducting meetings of the Interstate Commission,
and ensuring reasonable notice of each meeting.
(5) Establishing the
titles and responsibilities of the officers of the Interstate Commission.
(6) Providing reasonable
standards and procedures for the establishment of the personnel policies and
programs of the Interstate Commission. Notwithstanding any civil service laws
or other similar laws of any compacting state, the bylaws shall exclusively
govern the personnel policies and programs of the Interstate Commission.
(7) Providing a
mechanism for winding up the operations of the Interstate Commission and the equitable
return of any surplus funds that may exist upon the termination of the compact
after the payment or reserving of all of the Interstate Commission’s debts and
obligations.
(8) Providing transition
rules for start-up administration of the compact.
(9) Establishing
standards and procedures for compliance and technical assistance in carrying
out the compact.
(b)(1) The Interstate
Commission shall, by a majority of the members, elect from among its members a
chairperson and a vice chairperson, each of whom shall have such authorities
and duties as may be specified in the bylaws. The chairperson, or in the
chairperson’s absence or disability, the vice chairperson, shall preside at all
meetings of the Interstate Commission. The officers so elected shall serve
without compensation or remuneration from the Interstate Commission, provided
that, subject to the availability of budgeted funds, the officers shall be
reimbursed for any actual and necessary costs and expenses incurred by them in
the performance of their duties and responsibilities as officers of the
Interstate Commission.
(2) The Interstate
Commission shall, through its executive committee, appoint or retain an
executive director for such period, upon such terms and conditions and for such
compensation as the Interstate Commission may deem appropriate. The executive
director shall serve as secretary to the Interstate Commission and shall hire
and supervise other staff as may be authorized by the Interstate Commission,
but shall not be a member of the Interstate Commission.
(c) The Interstate
Commission shall maintain its corporate books and records in accordance with
the bylaws.
(d)(1) The liability of
any member, officer, executive director, employee or agent of the Interstate
Commission acting within the scope of the person’s employment or duties for
acts, errors or omissions occurring within Oregon may not exceed the limits set
forth in ORS 30.270. Nothing in this subsection shall be construed to protect
any such person from suit or liability for any damage, loss, injury or
liability caused by the intentional or willful and wanton misconduct of any
such person.
(2) Subject to approval
by the Attorney General under ORS chapter 180, the Interstate Commission shall
defend the commissioner of a compacting state, the commissioner’s
representatives or employees or the Interstate Commission’s representatives or
employees in any civil action seeking to impose liability arising out of any
actual or alleged act, error or omission that occurred within the scope of
Interstate Commission employment, duties or responsibilities, or that the
defendant had a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties or responsibilities, provided that the
actual or alleged act, error or omission did not result from intentional
wrongdoing on the part of such person.
(3) The Interstate
Commission shall indemnify and hold the commissioner of a compacting state, the
appointed representatives or employees, or the Interstate Commission’s
representatives or employees, harmless in the amount of any settlement or
judgment obtained against such persons arising out of any actual or alleged
act, error or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that such persons had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties or responsibilities, provided that the actual or alleged
act, error or omission did not result from intentional wrongdoing on the part
of such persons.
ARTICLE VII
ACTIVITIES OF
THE INTERSTATE COMMISSION
(a) The Interstate
Commission shall meet and take such actions as are consistent with the
provisions of this compact.
(b) Except as otherwise
provided in this compact and unless a greater percentage is required under the
bylaws, in order to constitute an act of the Interstate Commission, such act
shall have been taken at a meeting of the Interstate Commission and shall have
received an affirmative vote of a majority of the members present.
(c) Each member of the
Interstate Commission shall have the right and power to cast a vote to which
that compacting state is entitled and to participate in the business and
affairs of the Interstate Commission. A member shall vote in person on behalf
of the compacting state and shall not delegate a vote to another compacting
state. However, the Director of the Department of Corrections may designate
another individual, in the absence of the director, to cast a vote on behalf of
the director at a specified meeting. The bylaws may provide for members’
participation in meetings by telephone or other means of telecommunication or
electronic communication. Any voting conducted by telephone or other means of
telecommunication or electronic communication shall be subject to the same
quorum requirements of meetings where members are present in person.
(d) The Interstate
Commission shall meet at least once during each calendar year. The chairperson
of the Interstate Commission may call additional meetings at any time and, upon
the request of a majority of the members, shall call additional meetings.
(e) The Interstate
Commission’s bylaws shall establish conditions and procedures under which the
Interstate Commission shall make its information and official records available
to the public for inspection or copying. The Interstate Commission may exempt
from disclosure any information or official records to the extent the
information or records would adversely affect personal privacy rights or
proprietary interests. In promulgating such rules, the Interstate Commission
may make available to law enforcement agencies records and information
otherwise exempt from disclosure, and may enter into agreements with law
enforcement agencies to receive or exchange information or records subject to
nondisclosure and confidentiality provisions.
(f) Public notice shall
be given of all meetings, and all meetings shall be open to the public, except
as set forth in the rules or as otherwise provided in the compact. The
Interstate Commission shall promulgate rules consistent with the principles
contained in the Government in the Sunshine Act, 5 U.S.C. 552, as amended. The
Interstate Commission and any of its committees may close a meeting to the
public when the Interstate Commission determines by two-thirds vote that an
open meeting would be likely to:
(1) Relate solely to the
Interstate Commission’s internal personnel practices and procedures;
(2) Disclose matters
specifically exempted from disclosure by statute;
(3) Disclose trade
secrets or commercial or financial information that is privileged or
confidential;
(4) Involve accusing any
person of a crime or formally censuring any person;
(5) Disclose information
of a personal nature when such disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(6) Disclose
investigatory records compiled for law enforcement purposes;
(7) Disclose information
contained in or related to examination, operating or condition reports prepared
by, or on behalf of or for the use of, the Interstate Commission with respect
to a regulated entity for the purpose of regulation or supervision of such
entity;
(8) Disclose information
when such premature disclosure would significantly endanger the life of a
person or the stability of a regulated entity; or
(9) Specifically relate
to the Interstate Commission’s issuance of a subpoena or its participation in a
civil action or proceeding.
(g) For every meeting
closed pursuant to subsection (f) of this Article, the Interstate Commission’s
chief legal officer shall publicly certify that, in the officer’s opinion, the
meeting may be closed to the public and shall make reference to each relevant
provision authorizing closure of the meeting. The Interstate Commission shall
keep minutes that fully and clearly describe all matters discussed in any
meeting and shall provide a full and accurate summary of any action taken, and
the reasons therefor, including a description of each of the views expressed on
any item and the record of any roll call vote (reflected in the vote of each
member on the question). All documents considered in connection with any action
shall be identified in such minutes.
(h) The Interstate
Commission shall collect standardized data concerning the interstate movement
of offenders as directed through its bylaws and rules that specify the data to
be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS
OF THE INTERSTATE COMMISSION
(a) The Interstate
Commission shall promulgate rules in order to effectively and efficiently
achieve the purposes of the compact, including transition rules governing
administration of the compact during the period in which it is being considered
and enacted by the states.
(b) Rulemaking shall
occur pursuant to the criteria set forth in this Article and the bylaws and
rules adopted pursuant thereto. Such rulemaking shall substantially conform to
the principles of the federal Administrative Procedure Act, 5 U.S.C. 551 et
seq., and the Federal Advisory Committee Act, 5 U.S.C. Appendix 2, section 1 et
seq., as amended. All rules and amendments shall become binding as of the date
specified in each rule or amendment.
(c) If a majority of the
legislatures of the compacting states rejects a rule, by enactment of a statute
or resolution in the same manner used to adopt the compact, then such rule
shall have no further force and effect in any compacting state.
(d) When promulgating a
rule, the Interstate Commission shall:
(1) Publish the proposed
rule, stating with particularity the text of the rule that is proposed and the
reason for the proposed rule;
(2) Allow persons to
submit written data, facts, opinions and arguments, which information shall be
publicly available;
(3) Provide an
opportunity for an informal hearing; and
(4) Promulgate a final
rule and its effective date, if appropriate, based on the rulemaking record.
Not later than 60 days after a rule is promulgated, any interested person may
file a petition in the United States District Court for the District of
Columbia or in the federal district court where the Interstate Commission’s
principal office is located for judicial review of the rule. If the court finds
that the Interstate Commission’s action is not supported by substantial
evidence in the rulemaking record, the court shall hold the rule unlawful and
set it aside. For purposes of this subsection, evidence is substantial if it
would be considered substantial evidence under the federal Administrative
Procedure Act, 5 U.S.C. 551 et seq., and the Federal Advisory Committee Act, 5
U.S.C. Appendix 2, section 1 et seq., as amended.
(e) Rules related to the
following subjects must be addressed within 12 months after the first meeting
of the Interstate Commission:
(1) Notice to victims
and opportunity to be heard;
(2) Offender
registration and compliance;
(3) Violations and
returns;
(4) Transfer procedures
and forms;
(5) Eligibility for
transfer;
(6) Collection of
restitution and fees from offenders;
(7) Data collection and
reporting;
(8) The level of
supervision to be provided by the receiving state;
(9) Transition rules
governing the operation of the compact and the Interstate Commission during all
or part of the period between the effective date of the compact and the date on
which the last eligible state adopts the compact; and
(10) Mediation,
arbitration and dispute resolution.
(f) The existing rules
governing the operation of the previous compact superseded by this compact
shall be null and void 12 months after the first meeting of the Interstate
Commission created under this compact.
(g) Upon determination
by the Interstate Commission that an emergency exists, the Interstate
Commission may promulgate an emergency rule which shall become effective
immediately upon adoption, provided that the usual rulemaking procedures
provided in this Article shall be retroactively applied to said rule as soon as
reasonably possible, but no later than 90 days after the effective date of the
rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT AND
DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
(a)(1) The
Interstate Commission shall oversee the Interstate movement of adult offenders
in the compacting states and shall monitor such activities being administered
in noncompacting states that may significantly affect compacting states.
(2) The courts and
executive agencies in each compacting state shall enforce this compact and
shall take all actions necessary and appropriate to effectuate the compact’s
purposes and intent. In any judicial or administrative proceeding in a
compacting state pertaining to the subject matter of this compact that may
affect the powers, responsibilities or actions of the Interstate Commission,
the Interstate Commission shall be entitled to receive all service of process
in any such proceeding and shall have standing to intervene in the proceeding
for all purposes.
(b)(1) The compacting
states shall report to the Interstate Commission on issues or activities of
concern to them and cooperate with and support the Interstate Commission in the
discharge of its duties and responsibilities.
(2) The Interstate
Commission shall attempt to resolve any disputes or other issues that are
subject to the compact and that may arise among compacting states and
noncompacting states. The Interstate Commission shall enact a bylaw or
promulgate a rule providing for both mediation and binding dispute resolution
for disputes among the compacting states.
(c) The Interstate
Commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this compact using any or all means set forth in Article XII (b)
of this compact.
ARTICLE X
FINANCE
(a) The Interstate
Commission shall pay or provide for the payment of the reasonable expenses of
its establishment, organization and ongoing activities.
(b) The Interstate
Commission shall levy on and collect an annual assessment from each compacting
state to cover the cost of the internal operations and activities of the
Interstate Commission and its staff, which must be in a total amount sufficient
to cover the Interstate Commission’s annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon a formula to
be determined by the Interstate Commission, taking into consideration the
population of the state and the volume of interstate movement of offenders in
each compacting state. The Interstate Commission shall promulgate a rule
binding upon all compacting states that governs said assessment.
(c) The Interstate
Commission shall not incur any obligations of any kind prior to securing the
funds adequate to meet the same, nor shall the Interstate Commission pledge the
credit of any of the compacting states, except by and with the authority of the
compacting state.
(d) The Interstate
Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Interstate Commission shall be subject to the
audit and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the report of
the audit shall be included in and become part of the annual report of the
Interstate Commission.
(e)(1) The Interstate
Compact for Adult Offender Supervision Fund is established, separate and
distinct from the General Fund. All moneys in the fund are continuously
appropriated to the Department of Corrections to be used for the purposes of
meeting financial obligations imposed on the State of Oregon as a result of the
state’s participation in this compact.
(2) An assessment levied
or any other financial obligation imposed under this compact is effective
against the State of Oregon only to the extent that moneys to pay the
assessment or meet the financial obligation have been appropriated and
deposited in the fund established in paragraph (1) of this subsection.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state, as
defined in Article II of this compact, is eligible to become a compacting
state.
(b) The compact shall
become effective and binding upon legislative enactment of the compact into law
by no fewer than 35 of the states. The initial effective date shall be the
later of July 1, 2001, or upon enactment into law by the 35th jurisdiction. Thereafter,
the compact shall become effective and binding, as to any other compacting
state, upon enactment of the compact into law by that state. The governors of
noncompacting states or their designees may be invited to participate in
Interstate Commission activities on a non-voting basis prior to adoption of the
compact by all states.
(c) Amendments to the
compact may be proposed by the Interstate Commission for enactment by the
compacting states. No amendment shall become effective and binding upon the
Interstate Commission and the compacting states unless and until it is enacted
into law by unanimous consent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
(a)(1) Once
effective, the compact shall continue in force and remain binding upon each and
every compacting state, provided that a compacting state may withdraw from the
compact by specifically repealing the statute that enacted the compact into
law.
(2) The effective date
of withdrawal is the effective date of the repeal of the statute that enacted
the compact into law.
(3) The withdrawing
state shall immediately notify the chairperson of the Interstate Commission in
writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the other compacting
states of the withdrawing state’s intent to withdraw within 60 days of its
receipt thereof.
(4) The withdrawing
state is responsible for all assessments, obligations and liabilities incurred
through the effective date of withdrawal, including any obligations, the
performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement
following withdrawal of any compacting state shall occur upon the withdrawing
state reenacting the compact or upon such later date as determined by the
Interstate Commission.
(b)(1) If the Interstate
Commission determines that any compacting state has at any time defaulted in
the performance of any of its obligations or responsibilities under this
compact or the bylaws or rules of the Interstate Commission, the Interstate Commission
may impose any or all of the following penalties:
(i) Fines, fees and
costs in such amounts as are deemed to be reasonable as fixed by the Interstate
Commission;
(ii) Remedial training
and technical assistance as directed by the Interstate Commission;
(iii) Suspension and
termination of membership in the compact. Suspension shall be imposed only
after all other reasonable means of securing compliance under the bylaws and
rules have been exhausted. Immediate notice of suspension shall be given by the
Interstate Commission to the governor, the chief justice or chief judicial
officer of the defaulting state; the majority and minority leaders of the
defaulting state’s legislature, and the state council.
(2) The grounds for
default include, but are not limited to, failure of a compacting state to
perform obligations or responsibilities imposed upon it by this compact or the
Interstate Commission bylaws or rules. The Interstate Commission shall
immediately notify the defaulting state in writing of the penalty imposed by
the Interstate Commission on the defaulting state pending a cure of the
default. The Interstate Commission shall stipulate the conditions and the time
period within which the defaulting state must cure its default. If the
defaulting state fails to cure the default within the time period specified by
the Interstate Commission, in addition to any other penalties imposed, the
defaulting state may be terminated from the compact upon an affirmative vote of
a majority of the compacting states and all rights, privileges and benefits
conferred by this compact shall be terminated from the effective date of suspension.
Within 60 days of the effective date of termination of a defaulting state, the
Interstate Commission shall notify the governor, the chief justice or chief
judicial officer of the defaulting state, the majority and minority leaders of
the defaulting state’s legislature and the State Council of such termination.
(3) The defaulting state
is responsible for all assessments, obligations and liabilities incurred
through the effective date of termination, including any obligations, the
performance of which extend beyond the effective date of termination.
(4) The Interstate
Commission shall not bear any costs relating to the defaulting state unless
otherwise mutually agreed upon between the Interstate Commission and the
defaulting state. Reinstatement following termination of any compacting state
requires both a reenactment of the compact by the defaulting state and the
approval of the Interstate Commission pursuant to the rules.
(c) The Interstate
Commission may, by majority vote of the members, initiate legal action in the
United States District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district court where the
Interstate Commission has its principal office to enforce compliance with the
provisions of the compact, its rules or bylaws against any compacting state in
default. In the event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including reasonable attorney
fees.
(d)(1) The compact dissolves
effective upon the date of the withdrawal or default of the compacting state
that reduces membership in the compact to one compacting state.
(2) Upon the dissolution
of this compact, the compact becomes null and void and shall be of no further
force or effect, and the business and affairs of the Interstate Commission
shall be wound up and any surplus funds shall be distributed in accordance with
the bylaws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
(a) The provisions
of this compact shall be severable, and if any phrase, clause, sentence or
provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.
(b) The provisions of
this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT
AND OTHER LAWS
(a)(1) Nothing in
this compact prevents the enforcement of any other law of a compacting state
that is not inconsistent with this compact.
(2) The laws of the
State of Oregon, other than the Oregon Constitution, that conflict with this
compact are superseded to the extent of the conflict.
(b)(1) All lawful
actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the State of Oregon
unless contrary to the Oregon Constitution.
(2) All agreements
between the Interstate Commission and the compacting states are binding in
accordance with their terms.
(3) Upon the request of
a party to a conflict over meaning or interpretation of Interstate Commission actions,
and upon a majority vote of the compacting states, the Interstate Commission
may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any
provision of this compact exceeds the constitutional limits imposed on the
legislature of any compacting state, the obligations, duties, powers or
jurisdiction sought to be conferred by such provision upon the Interstate
Commission shall be ineffective and such obligations, duties, powers or
jurisdiction shall remain in the compacting state and shall be exercised by the
agency thereof to which such obligations, duties, powers or jurisdiction are
delegated by law in effect at the time this compact becomes effective.
(c) The State of Oregon
is bound by the bylaws and rules promulgated under this compact only to the
extent that the operation of the bylaws and rules does not impose an obligation
exceeding any limitation on state power or authority contained in the Oregon
Constitution as interpreted by the state courts of Oregon.
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SECTION 3.
If a state withdraws from the Interstate
Compact for Adult Offender Supervision as provided in Article XII (a) of the
compact, the Department of Corrections may negotiate an agreement with the
withdrawing state to fulfill the purposes of section 2 of this 2001 Act.
SECTION 4.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect on its passage.
Approved by the Governor
July 3, 2001
Filed in the office of
Secretary of State July 3, 2001
Effective date July 3, 2001
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