Return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return;. Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;. Provide for the effective tracking and supervision of juveniles;.
Equitably allocate the costs, benefits and obligations of the compacting states;. Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders;. Ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;.
Establish procedures to resolve pending charges detainers against juvenile offenders prior to transfer or release to the community under the terms of this compact;. Establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of Compact activities to heads of state executive, judicial and legislative branches and juvenile and criminal justice administrators;.
Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance;. Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and. Coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise.
It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business.
Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
As used in this compact, unless the context clearly requires a different construction:. Accused delinquent - a person charged with an offense that, if committed by an adult, would be a criminal offense;. Adjudicated delinquent - a person found to have committed an offense that, if committed by an adult, would be a criminal offense;.
Accused status offender - a person charged with an offense that would not be a criminal offense if committed by an adult;. Adjudicated status offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and. Non-offender - a person in need of supervision who has not been accused or adjudicated a status offender or delinquent. The commission shall have all the responsibilities, powers and duties set forth herein, 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.
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The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting 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 non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims.
All non-commissioner members of the Interstate Commission shall be ex-officio non-voting members. The Interstate Commission may provide in its bylaws for such additional ex-officio non-voting members, including members of other national organizations, in such numbers as shall be determined by the commission.
Each compacting state represented at any meeting of the 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. The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
The Interstate Commission shall establish an executive committee, which shall include commission officers, members and others as determined by the bylaws. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules, and performs such other duties as directed by the Interstate Commission or set forth in the bylaws.
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 and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the State Council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting.
The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. 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 and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:. Disclose matters specifically exempted from disclosure by statute;. Disclose trade secrets or commercial or financial information that is privileged or confidential;. Involve accusing any person of a crime, or formally censuring any person;.
Interstate Compact (ISC)
Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;. Disclose investigative records compiled for law enforcement purposes;. 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 person or entity for the purpose of regulation or supervision of such person or entity;.
Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, 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. The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
The commission shall have the following powers and duties:. To provide for dispute resolution among compacting states. To promulgate rules to effect the purposes and obligations as enumerated in this compact, 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. To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.
To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process. To establish and maintain offices that shall be located within one or more of the compacting states. To purchase and maintain insurance and bonds. To borrow, accept, hire or contract for services of personnel.
To establish and appoint committees and hire staff that it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III that shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of them. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.
To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed. To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact. To sue and be sued. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. 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. To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.
To establish uniform standards of the reporting, collecting and exchanging of data. The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws. Section A. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after 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:.
Establishing the fiscal year of the Interstate Commission;.
Criminal Offender Searches
Establishing an executive committee and such other committees as may be necessary;. Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;.
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