S.B. 194
Senate Bill No. 194–Committee on Judiciary
February 16, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes changes pertaining to interstate compacts for supervision of offenders. (BDR 16‑107)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to supervision; ratifying the Interstate Compact for Adult Offender Supervision; renouncing the Interstate Compact for the Supervision of Parolees and Probationers and repealing the provisions relating thereto; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 213 of NRS is hereby amended by adding thereto a
1-2 new section to read as follows:
1-3 The Interstate Compact for Adult Offender Supervision is hereby
1-4 ratified, enacted into law and entered into with all jurisdictions legally
1-5 joining in the Compact, in substantially the form set forth in this section:
1-6 ARTICLE I. PURPOSE
1-7 (1) The compacting states to this Interstate Compact recognize that
1-8 each state is responsible for the supervision of adult offenders in the
1-9 community who are authorized pursuant to the bylaws and rules of this
1-10 compact to travel across state lines both to and from each compacting
1-11 state in such a manner as to track the location of offenders, transfer
1-12 supervision authority in an orderly and efficient manner, and when
1-13 necessary return offenders to the originating jurisdictions.
1-14 (2) The compacting states also recognize that Congress, by enacting
1-15 the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and
1-16 encouraged compacts for cooperative efforts and mutual assistance in
1-17 the prevention of crime.
1-18 (3) It is the purpose of this compact and the Interstate Commission
1-19 created hereunder, through means of joint and cooperative action among
1-20 the compacting states to provide the framework for the promotion of
2-1 public safety and protect the rights of victims through the control and
2-2 regulation of the interstate movement of offenders in the community, to
2-3 provide for the effective tracking, supervision and rehabilitation of these
2-4 offenders by the sending and receiving states, and to equitably distribute
2-5 the costs, benefits and obligations of the compact among the compacting
2-6 states.
2-7 (4) In addition, this compact will create an Interstate Commission
2-8 which will establish uniform procedures to manage the movement
2-9 between states of adults placed under community supervision and
2-10 released to the community under the jurisdiction of courts, paroling
2-11 authorities, corrections or other criminal justice agencies which will
2-12 promulgate rules to achieve the purpose of this compact, ensure an
2-13 opportunity for input and timely notice to victims and to jurisdictions
2-14 where defined offenders are authorized to travel or to relocate across
2-15 state lines, establish a system of uniform data collection, access to
2-16 information on active cases by authorized criminal justice officials and
2-17 regular reporting of compact activities to heads of state councils, state
2-18 executive, judicial and legislative branches and criminal justice
2-19 administrators, monitor compliance with rules governing interstate
2-20 movement of offenders and initiate interventions to address and correct
2-21 noncompliance, and coordinate training and education regarding
2-22 regulation of interstate movement of offenders for officials involved in
2-23 such activity.
2-24 (5) The compacting states recognize that there is no right of any
2-25 offender to live in another state and that duly accredited officers of a
2-26 sending state may at all times enter a receiving state and there apprehend
2-27 and retake any offender under supervision subject to the provisions of
2-28 this compact and bylaws and rules promulgated hereunder.
2-29 (6) It is the policy of the compacting states that the activities
2-30 conducted by the Interstate Commission created herein are the formation
2-31 of public policies and are therefore public business.
2-32 ARTICLE II. DEFINITIONS
2-33 As used in this compact, unless the context clearly requires a different
2-34 construction:
2-35 (1) “Adult” means both individuals legally classified as adults and
2-36 juveniles treated as adults by court order, statute or operation of law.
2-37 (2) “Bylaws” means those bylaws established by the Interstate
2-38 Commission for its governance or for directing or controlling the
2-39 Interstate Commission’s actions or conduct.
2-40 (3) “Compact administrator” means the individual in each
2-41 compacting state appointed pursuant to the terms of this compact
2-42 responsible for the administration and management of the state’s
2-43 supervision and transfer of offenders subject to the terms of this
2-44 compact, the rules adopted by the Interstate Commission and policies
2-45 adopted by the State Council under this compact.
2-46 (4) “Compacting state” means any state which has enacted the
2-47 enabling legislation for this compact.
3-1 (5) “Commissioner” means the voting representative of each
3-2 compacting state appointed pursuant to Article III of this compact.
3-3 (6) “Interstate Commission” means the Interstate Commission for
3-4 Adult Offender Supervision established by this compact.
3-5 (7) “Member” means the commissioner of a compacting state or
3-6 designee, who shall be a person officially connected with the
3-7 commissioner.
3-8 (8) “Noncompacting state” means any state which has not enacted the
3-9 enabling legislation for this compact.
3-10 (9) “Offender” means an adult placed under, or subject to,
3-11 supervision as the result of the commission of a criminal offense and
3-12 released to the community under the jurisdiction of courts, paroling
3-13 authorities, corrections or other criminal justice agencies.
3-14 (10) “Person” means any individual, corporation, business enterprise,
3-15 or other legal entity, either public or private.
3-16 (11) “Rules” means acts of the Interstate Commission, duly
3-17 promulgated pursuant to Article VII of this compact, substantially
3-18 affecting interested parties in addition to the Interstate Commission,
3-19 which shall have the force and effect of law in the compacting states.
3-20 (12) “State” means a state of the United States, the District of
3-21 Columbia and any other territorial possession of the United States.
3-22 (13) “State Council” means the resident members of the State Council
3-23 for Interstate Adult Offender Supervision created by each state under
3-24 Article III of this compact.
3-26 (1) The compacting states hereby create the “Interstate Commission
3-27 for Adult Offender Supervision.” The Interstate Commission shall be a
3-28 body corporate and joint agency of the compacting states. The Interstate
3-29 Commission shall have all the responsibilities, powers and duties set
3-30 forth herein, including the power to sue and be sued, and such additional
3-31 powers as may be conferred upon it by subsequent action of the
3-32 respective legislatures of the compacting states in accordance with the
3-33 terms of this compact.
3-34 (2) The Interstate Commission shall consist of commissioners selected
3-35 and appointed by resident members of a State Council for Interstate
3-36 Adult Offender Supervision for each state. While each member state may
3-37 determine the membership of its own State Council, its membership must
3-38 include at least one representative from the legislative, judicial and
3-39 executive branches of government, victims groups and compact
3-40 administrators. Each State Council shall appoint as its commissioner the
3-41 compact administrator from that state to serve on the Interstate
3-42 Commission in such capacity under or pursuant to applicable law of the
3-43 member state. Each compacting state retains the right to determine the
3-44 qualifications of the compact administrator who shall be appointed by
3-45 the State Council or by the governor in consultation with the legislature
3-46 and the judiciary.
4-1 In addition to appointment of its commissioner to the Interstate
4-2 Commission, each State Council shall exercise oversight and advocacy
4-3 concerning its participation in Interstate Commission activities and other
4-4 duties as may be determined by each member state, including, but not
4-5 limited to, development of policy concerning operations and procedures
4-6 of the compact within that state.
4-7 (3) In addition to the commissioners who are the voting
4-8 representatives of each state, the Interstate Commission shall include
4-9 individuals who are not commissioners but who are members of
4-10 interested organizations. Such noncommissioner members must include
4-11 a member of the national organizations of governors, legislators, state
4-12 chief justices, attorneys general and crime victims. All noncommissioner
4-13 members of the Interstate Commission shall be ex officio, nonvoting
4-14 members. The Interstate Commission may provide in its bylaws for such
4-15 additional, ex officio, nonvoting members as it deems necessary.
4-16 (4) Each compacting state represented at any meeting of the Interstate
4-17 Commission is entitled to one vote. A majority of the compacting states
4-18 shall constitute a quorum for the transaction of business, unless a larger
4-19 quorum is required by the bylaws of the Interstate Commission.
4-20 (5) The Interstate Commission shall meet at least once each calendar
4-21 year. The chairperson may call additional meetings and, upon the
4-22 request of 27 or more compacting states, shall call additional meetings.
4-23 Public notice shall be given of all meetings, and meetings shall be open
4-24 to the public.
4-25 (6) The Interstate Commission shall establish an executive committee
4-26 which shall include commission officers, members and others as shall be
4-27 determined by the bylaws. The executive committee shall have the power
4-28 to act on behalf of the Interstate Commission during periods when the
4-29 Interstate Commission is not in session, with the exception of rulemaking
4-30 and/or amendment to the compact. The executive committee oversees the
4-31 day-to-day activities managed by the executive director and Interstate
4-32 Commission staff, administers enforcement and compliance with the
4-33 provisions of the compact, its bylaws and as directed by the Interstate
4-34 Commission and performs other duties as directed by the Interstate
4-35 Commission or set forth in the bylaws.
4-37 The Interstate Commission shall have the following powers:
4-38 (1) To adopt a seal and suitable bylaws governing the management
4-39 and operation of the Interstate Commission.
4-40 (2) To promulgate rules which shall have the force and effect of
4-41 statutory law and shall be binding in the compacting states to the extent
4-42 and in the manner provided in this compact.
4-43 (3) To oversee, supervise and coordinate the interstate movement of
4-44 offenders subject to the terms of this compact and any bylaws adopted
4-45 and rules promulgated by the compact commission.
5-1 (4) To enforce compliance with compact provisions, Interstate
5-2 Commission rules and bylaws, using all necessary and proper means,
5-3 including, but not limited to, the use of judicial process.
5-4 (5) To establish and maintain offices.
5-5 (6) To purchase and maintain insurance and bonds.
5-6 (7) To borrow, accept or contract for services of personnel, including,
5-7 but not limited to, members and their staffs.
5-8 (8) To establish and appoint committees and hire staff which it deems
5-9 necessary for the carrying out of its functions, including, but not limited
5-10 to, an executive committee as required by Article III which shall have the
5-11 power to act on behalf of the Interstate Commission in carrying out its
5-12 powers and duties hereunder.
5-13 (9) To elect or appoint such officers, attorneys, employees, agents or
5-14 consultants, and to fix their compensation, define their duties and
5-15 determine their qualifications, and to establish the Interstate
5-16 Commission’s personnel policies and programs relating to, among other
5-17 things, conflicts of interest, rates of compensation and qualifications of
5-18 personnel.
5-19 (10) To accept any and all donations and grants of money, equipment,
5-20 supplies, materials and services, and to receive, utilize and dispose of
5-21 same.
5-22 (11) To lease, purchase, accept contributions or donations of, or
5-23 otherwise to own, hold, improve or use any property, real, personal or
5-24 mixed.
5-25 (12) To sell, convey, mortgage, pledge, lease, exchange, abandon or
5-26 otherwise dispose of any property, real, personal or mixed.
5-27 (13) To establish a budget and make expenditures and levy dues as
5-28 provided in Article IX of this compact.
5-29 (14) To sue and be sued.
5-30 (15) To provide for dispute resolution among compacting states.
5-31 (16) To perform such functions as may be necessary or appropriate to
5-32 achieve the purposes of this compact.
5-33 (17) To report annually to the legislatures, governors, judiciary and
5-34 state councils of the compacting states concerning the activities of the
5-35 Interstate Commission during the preceding year. Such reports shall also
5-36 include any recommendations that may have been adopted by the
5-37 Interstate Commission.
5-38 (18) To coordinate education, training and public awareness
5-39 regarding the interstate movement of offenders for officials involved in
5-40 such activity.
5-41 (19) To establish uniform standards for the reporting, collecting and
5-42 exchanging of data.
6-4 (1) The Interstate Commission shall, by a majority of the members,
6-5 within 12 months of the first Interstate Commission meeting, adopt
6-6 bylaws to govern its conduct as may be necessary or appropriate to carry
6-7 out the purposes of the compact, including, but not limited to:
6-8 (a) Establishing the fiscal year of the Interstate Commission.
6-9 (b) Establishing an executive committee and such other committees as
6-10 may be necessary.
6-11 (c) Providing reasonable standards and procedures for:
6-12 (i) The establishment of committees; and
6-13 (ii) Governing any general or specific delegation of any authority or
6-14 function of the Interstate Commission.
6-15 (d) Providing reasonable procedures for calling and conducting
6-16 meetings of the Interstate Commission and ensuring reasonable notice of
6-17 each such meeting.
6-18 (e) Establishing the titles and responsibilities of the officers of the
6-19 Interstate Commission.
6-20 (f) Providing reasonable standards and procedures for the
6-21 establishment of the personnel policies and programs of the Interstate
6-22 Commission. Notwithstanding any civil service or other similar laws of
6-23 any compacting state, the bylaws shall exclusively govern the personnel
6-24 policies and programs of the Interstate Commission.
6-25 (g) Providing a mechanism for winding up the operations of the
6-26 Interstate Commission and the equitable return of any surplus funds that
6-27 may exist upon the termination of the compact after the payment and/or
6-28 reserving of all of its debts and obligations.
6-29 (h) Providing transition rules for “start up” administration of the
6-30 compact.
6-31 (i) Establishing standards and procedures for compliance and
6-32 technical assistance in carrying out the compact.
6-34 (2) The Interstate Commission shall, by a majority of the members,
6-35 elect from among its members a chairperson and a vice chairperson,
6-36 each of whom shall have such authority and duties as may be specified in
6-37 the bylaws. The chairperson or, in his absence or disability, the vice
6-38 chairperson shall preside at all meetings of the Interstate Commission.
6-39 The officers so elected shall serve without compensation or remuneration
6-40 from the Interstate Commission; provided that, subject to the availability
6-41 of budgeted funds, the officers shall be reimbursed for any actual and
6-42 necessary costs and expenses incurred by them in the performance of
6-43 their duties and responsibilities as officers of the Interstate Commission.
6-44 (3) The Interstate Commission shall, through its executive committee,
6-45 appoint or retain an executive director for such period, upon such terms
7-1 and conditions and for such compensation as the Interstate Commission
7-2 may deem appropriate. The executive director shall serve as secretary to
7-3 the Interstate Commission, and hire and supervise such other staff as
7-4 may be authorized by the Interstate Commission, but shall not be a
7-5 member.
7-7 (4) The Interstate Commission shall maintain its corporate books and
7-8 records in accordance with the bylaws.
7-9 Section D. Qualified Immunity, Defense and Indemnification
7-10 (5) The members, officers, executive director and employees of the
7-11 Interstate Commission shall be immune from suit and liability, either
7-12 personally or in their official capacity, for any claim for damage to or
7-13 loss of property or personal injury or other civil liability caused or
7-14 arising out of any actual or alleged act, error or omission that occurred
7-15 within the scope of Interstate Commission employment, duties or
7-16 responsibilities; provided that nothing in this paragraph shall be
7-17 construed to protect any such person from suit and/or liability for any
7-18 damage, loss, injury or liability caused by the intentional or willful and
7-19 wanton misconduct of any such person.
7-20 (6) The Interstate Commission shall defend the commissioner of a
7-21 compacting state, or his or her representatives or employees, or the
7-22 Interstate Commission’s representatives or employees, in any civil action
7-23 seeking to impose liability, arising out of any actual or alleged act, error
7-24 or omission that occurred within the scope of Interstate Commission
7-25 employment, duties or responsibilities, or that the defendant had a
7-26 reasonable basis for believing occurred within the scope of Interstate
7-27 Commission employment, duties or responsibilities; provided that the
7-28 actual or alleged act, error or omission did not result from intentional
7-29 wrongdoing on the part of such person.
7-30 (7) The Interstate Commission shall indemnify and hold the
7-31 commissioner of a compacting state, the appointed designee or
7-32 employees, or the Interstate Commission’s representatives or employees,
7-33 harmless in the amount of any settlement or judgment obtained against
7-34 such persons arising out of any actual or alleged act, error or omission
7-35 that occurred within the scope of Interstate Commission employment,
7-36 duties or responsibilities, or that such persons had a reasonable basis for
7-37 believing occurred within the scope of Interstate Commission
7-38 employment, duties or responsibilities; provided that the actual or alleged
7-39 act, error or omission did not result from gross negligence or intentional
7-40 wrongdoing on the part of such person.
7-41 ARTICLE VI. ACTIVITIES
OF THE
INTERSTATE COMMISSION
7-42 (1) The Interstate Commission shall meet and take such actions as are
7-43 consistent with the provisions of this compact.
8-1 (2) Except as otherwise provided in this compact and unless a greater
8-2 percentage is required by the bylaws, in order to constitute an act of the
8-3 Interstate Commission, such act shall have been taken at a meeting of
8-4 the Interstate Commission and shall have received an affirmative vote of
8-5 a majority of the members present.
8-6 (3) Each member of the Interstate Commission shall have the right
8-7 and power to cast a vote to which that compacting state is entitled and to
8-8 participate in the business and affairs of the Interstate Commission. A
8-9 member shall vote in person on behalf of the state and shall not delegate
8-10 a vote to another member state. However, a State Council shall appoint
8-11 another authorized representative, in the absence of the commissioner
8-12 from that state, to cast a vote on behalf of the member state at a specified
8-13 meeting. The bylaws may provide for members’ participation in meetings
8-14 by telephone or other means of telecommunication or electronic
8-15 communication. Any voting conducted by telephone or other means of
8-16 telecommunication or electronic communication shall be subject to the
8-17 same quorum requirements of meetings where members are present in
8-18 person.
8-19 (4) The Interstate Commission shall meet at least once during each
8-20 calendar year. The chairperson of the Interstate Commission may call
8-21 additional meetings at any time and, upon the request of a majority of the
8-22 members, shall call additional meetings.
8-23 (5) The Interstate Commission’s bylaws shall establish conditions and
8-24 procedures under which the Interstate Commission shall make its
8-25 information and official records available to the public for inspection or
8-26 copying. The Interstate Commission may exempt from disclosure any
8-27 information or official records to the extent they would adversely affect
8-28 personal privacy rights or proprietary interests. In promulgating such
8-29 rules, the Interstate Commission may make available to law enforcement
8-30 agencies records and information otherwise exempt from disclosure, and
8-31 may enter into agreements with law enforcement agencies to receive or
8-32 exchange information or records subject to nondisclosure and
8-33 confidentiality provisions.
8-34 (6) Public notice shall be given of all meetings and all meetings shall
8-35 be open to the public, except as set forth in the rules or as otherwise
8-36 provided in the compact. The Interstate Commission shall promulgate
8-37 rules consistent with the principles contained in the “Government in
8-38 Sunshine Act,” 5 U.S.C. Section 552(b), as may be amended. The
8-39 Interstate Commission and any of its committees may close a meeting to
8-40 the public where it determines by two-thirds vote that an open meeting
8-41 would be likely to:
8-42 (a) Relate solely to the Interstate Commission’s internal personnel
8-43 practices and procedures.
8-44 (b) Disclose matters specifically exempted from disclosure by statute.
8-45 (c) Disclose trade secrets or commercial or financial information
8-46 which is privileged or confidential.
8-47 (d) Involve accusing any person of a crime or formally censuring any
8-48 person.
9-1 (e) Disclose information of a personal nature where disclosure would
9-2 constitute a clearly unwarranted invasion of personal privacy.
9-3 (f) Disclose investigatory records compiled for law enforcement
9-4 purposes.
9-5 (g) Disclose information contained in or related to examination,
9-6 operating or condition reports prepared by, or on behalf of or for the use
9-7 of, the Interstate Commission with respect to a regulated entity for the
9-8 purpose of regulation or supervision of such entity.
9-9 (h) Disclose information, the premature disclosure of which would
9-10 significantly endanger the life of a person or the stability of a regulated
9-11 entity.
9-12 (i) Specifically relate to the Interstate Commission’s issuance of a
9-13 subpoena, or its participation in a civil action or proceeding.
9-14 For every meeting closed pursuant to this provision, the Interstate
9-15 Commission’s chief legal officer shall publicly certify that, in his or her
9-16 opinion, the meeting may be closed to the public, and shall reference
9-17 each relevant exemptive provision.
9-18 (7) The Interstate Commission shall keep minutes which shall fully
9-19 and clearly describe all matters discussed in any meeting and shall
9-20 provide a full and accurate summary of any actions taken, and the
9-21 reasons therefor, including a description of each of the views expressed
9-22 on any item and the record of any roll call vote (reflected in the vote of
9-23 each member on the question). All documents considered in connection
9-24 with any action shall be identified in such minutes.
9-25 (8) The Interstate Commission shall collect standardized data
9-26 concerning the interstate movement of offenders as directed through its
9-27 bylaws and rules which shall specify the data to be collected, the means
9-28 of collection and data exchange and reporting requirements.
9-29 ARTICLE VII. RULEMAKING
FUNCTIONS OF THE
INTERSTATE COMMISSION
9-30 (1) The Interstate Commission shall promulgate rules in order to
9-31 effectively and efficiently achieve the purposes of the compact, including
9-32 transition rules governing administration of the compact during the
9-33 period in which it is being considered and enacted by the states.
9-34 (2) Rulemaking shall occur pursuant to the criteria set forth in this
9-35 article and the bylaws and rules adopted pursuant thereto. Such
9-36 rulemaking shall substantially conform to the principles of the federal
9-37 Administrative Procedure Act, 5 U.S.C. Section 551 et seq., and the
9-38 Federal Advisory Committee Act, 5 U.S.C. App. 2, Section 1 et seq., as
9-39 may be amended (hereinafter “APA”).
9-40 (3) All rules and amendments shall become binding as of the date
9-41 specified in each rule or amendment.
9-42 (4) If a majority of the legislatures of the compacting states rejects a
9-43 rule, by enactment of a statute or resolution in the same manner used to
9-44 adopt the compact, then such rule shall have no further force and effect
9-45 in any compacting state.
9-46 (5) When promulgating a rule, the Interstate Commission shall:
10-1 (a) Publish the proposed rule stating with particularity the text of the
10-2 rule which is proposed and the reason for the proposed rule.
10-3 (b) Allow persons to submit written data, facts, opinions and
10-4 arguments, which information shall be publicly available.
10-5 (c) Provide an opportunity for an informal hearing.
10-6 (d) Promulgate a final rule and its effective date, if appropriate, based
10-7 on the rulemaking record.
10-8 (6) Not later than 60 days after a rule is promulgated, any interested
10-9 person may file a petition in the United States District Court for the
10-10 District of Columbia or in the federal district court where the Interstate
10-11 Commission’s principal office is located for judicial review of such rule.
10-12 If the court finds that the Interstate Commission’s action is not supported
10-13 by substantial evidence, as defined in the APA, in the rulemaking record,
10-14 the court shall hold the rule unlawful and set it aside.
10-15 (7) Subjects to be addressed within 12 months after the first meeting
10-16 must at a minimum include:
10-17 (a) Notice to victims and opportunity to be heard.
10-18 (b) Offender registration and compliance.
10-19 (c) Violations/returns.
10-20 (d) Transfer procedures and forms.
10-21 (e) Eligibility for transfer.
10-22 (f) Collection of restitution and fees from offenders.
10-23 (g) Data collection and reporting.
10-24 (h) The level of supervision to be provided by the receiving state.
10-25 (i) Transition rules governing the operation of the compact and the
10-26 Interstate Commission during all or part of the period between the
10-27 effective date of the compact and the date on which the last eligible state
10-28 adopts the compact.
10-29 (j) Mediation, arbitration and dispute resolution.
10-30 (8) The existing rules governing the operation of the previous compact
10-31 superseded by this act shall be null and void 12 months after the first
10-32 meeting of the Interstate Commission created hereunder.
10-33 (9) Upon determination by the Interstate Commission that an
10-34 emergency exists, it may promulgate an emergency rule which shall
10-35 become effective immediately upon adoption; provided that the usual
10-36 rulemaking procedures provided hereunder shall be retroactively applied
10-37 to said rule as soon as reasonably possible, in no event later than 90 days
10-38 after the effective date of the rule.
10-39 ARTICLE VIII. OVERSIGHT,
ENFORCEMENT AND
DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
10-40 Section A. Oversight
10-41 (1) The Interstate Commission shall oversee the interstate movement
10-42 of adult offenders in the compacting states and shall monitor such
10-43 activities being administered in noncompacting states which may
10-44 significantly affect compacting states.
11-1 (2) The courts and executive agencies in each compacting state shall
11-2 enforce this compact and shall take all actions necessary and appropriate
11-3 to effectuate the compact’s purposes and intent. In any judicial or
11-4 administrative proceeding in a compacting state pertaining to the subject
11-5 matter of this compact which may affect the powers, responsibilities or
11-6 actions of the Interstate Commission, the Interstate Commission shall be
11-7 entitled to receive all service of process in any such proceeding, and shall
11-8 have standing to intervene in the proceeding for all purposes.
11-9 Section B. Dispute Resolution
11-10 (3) The compacting states shall report to the Interstate Commission on
11-11 issues or activities of concern to them, and cooperate with and support
11-12 the Interstate Commission in the discharge of its duties and
11-13 responsibilities.
11-14 (4) The Interstate Commission shall attempt to resolve any disputes or
11-15 other issues which are subject to the compact and which may arise
11-16 among compacting states and noncompacting states.
11-17 (5) The Interstate Commission shall enact a bylaw or promulgate a
11-18 rule providing for both mediation and binding dispute resolution for
11-19 disputes among the compacting states.
11-20 Section C. Enforcement
11-21 (6) The Interstate Commission, in the reasonable exercise of its
11-22 discretion, shall enforce the provisions of this compact using any or all
11-23 means set forth in Article XI, Section B, of this compact.
11-24 ARTICLE IX. FINANCE
11-25 (1) The Interstate Commission shall pay or provide for the payment of
11-26 the reasonable expenses of its establishment, organization and ongoing
11-27 activities.
11-28 (2) The Interstate Commission shall levy on and collect an annual
11-29 assessment from each compacting state to cover the cost of the internal
11-30 operations and activities of the Interstate Commission and its staff which
11-31 must be in a total amount sufficient to cover the Interstate Commission’s
11-32 annual budget as approved each year. The aggregate annual assessment
11-33 amount shall be allocated based upon a formula to be determined by the
11-34 Interstate Commission, taking into consideration the population of the
11-35 state and the volume of interstate movement of offenders in each
11-36 compacting state and shall promulgate a rule binding upon all
11-37 compacting states which governs said assessment.
11-38 (3) The Interstate Commission shall not incur any obligations of any
11-39 kind prior to securing the funds adequate to meet the same, nor shall the
11-40 Interstate Commission pledge the credit of any of the compacting states,
11-41 except by and with the authority of the compacting state.
11-42 (4) The Interstate Commission shall keep accurate accounts of all
11-43 receipts and disbursements. The receipts and disbursements of the
12-1 Interstate Commission shall be subject to the audit and accounting
12-2 procedures established under its bylaws. However, all receipts and
12-3 disbursements of funds handled by the Interstate Commission shall be
12-4 audited yearly by a certified or licensed public accountant and the report
12-5 of the audit shall be included in and become part of the annual report of
12-6 the Interstate Commission.
12-7 ARTICLE X. COMPACTING
STATES, EFFECTIVE DATE
AND AMENDMENT
12-8 (1) Any state, as defined in Article II of this compact, is eligible to
12-9 become a compacting state.
12-10 (2) The compact shall become effective and binding upon legislative
12-11 enactment of the compact into law by no less than 35 of the states. The
12-12 initial effective date shall be the later of July 1, 2001, or upon enactment
12-13 into law by the 35th jurisdiction. Thereafter it shall become effective and
12-14 binding, as to any other compacting state, upon enactment of the
12-15 compact into law by that state. The governors of nonmember states or
12-16 their designees will be invited to participate in Interstate Commission
12-17 activities on a nonvoting basis prior to adoption of the compact by all
12-18 states and territories of the United States.
12-19 (3) Amendments to the compact may be proposed by the Interstate
12-20 Commission for enactment by the compacting states. No amendment
12-21 shall become effective and binding upon the Interstate Commission and
12-22 the compacting states unless and until it is enacted into law by
12-23 unanimous consent of the compacting states.
12-24 ARTICLE XI. WITHDRAWAL,
DEFAULT, TERMINATION
AND JUDICIAL ENFORCEMENT
12-25 Section A. Withdrawal
12-26 (1) Once effective, the compact shall continue in force and remain
12-27 binding upon each and every compacting state; provided that a
12-28 compacting state may withdraw from the compact (“withdrawing state”)
12-29 by enacting a statute specifically repealing the statute which enacted the
12-30 compact into law. The effective date of withdrawal is the effective date of
12-31 the repeal.
12-32 (2) The withdrawing state shall immediately notify the chairperson of
12-33 the Interstate Commission in writing upon the introduction of legislation
12-34 repealing this compact in the withdrawing state. The Interstate
12-35 Commission shall notify the other compacting states of the withdrawing
12-36 state’s intent to withdraw within 60 days of its receipt thereof.
12-37 (3) The withdrawing state is responsible for all assessments,
12-38 obligations and liabilities incurred through the effective date of
12-39 withdrawal, including any obligations, the performance of which extends
12-40 beyond the effective date of withdrawal.
13-1 (4) Reinstatement following withdrawal of any compacting state shall
13-2 occur upon the withdrawing state reenacting the compact or upon such
13-3 later date as determined by the Interstate Commission.
13-4 Section B. Default
13-5 (5) If the Interstate Commission determines that any compacting state
13-6 has at any time defaulted (“defaulting state”) in the performance of any
13-7 of its obligations or responsibilities under this compact, the bylaws or any
13-8 duly promulgated rules, the Interstate Commission may impose any or all
13-9 of the following penalties:
13-10 (a) Fines, fees and costs in such amounts as are deemed to be
13-11 reasonable as fixed by the Interstate Commission.
13-12 (b) Remedial training and technical assistance as directed by the
13-13 Interstate Commission.
13-14 (c) Suspension and termination of membership in the compact.
13-15 Suspension shall be imposed only after all other reasonable means of
13-16 securing compliance under the bylaws and rules have been exhausted.
13-17 Immediate notice of suspension shall be given by the Interstate
13-18 Commission to the governor, the chief justice or chief judicial officer of
13-19 the state, the majority and minority leaders of the defaulting state’s
13-20 legislature, and the State Council.
13-21 (6) The grounds for default include, but are not limited to, failure of a
13-22 compacting state to perform such obligations or responsibilities imposed
13-23 upon it by this compact, Interstate Commission bylaws or duly
13-24 promulgated rules. The Interstate Commission shall immediately notify
13-25 the defaulting state in writing of the penalty imposed by the Interstate
13-26 Commission on the defaulting state pending a cure of the default. The
13-27 Interstate Commission shall stipulate the conditions and the time period
13-28 within which the defaulting state must cure its default. If the defaulting
13-29 state fails to cure the default within the time period specified by the
13-30 Interstate Commission, in addition to any other penalties imposed herein,
13-31 the defaulting state may be terminated from the compact upon an
13-32 affirmative vote of a majority of the compacting states and all rights,
13-33 privileges and benefits conferred by this compact shall be terminated
13-34 from the effective date of suspension.
13-35 (7) Within 60 days of the effective date of termination of a defaulting
13-36 state, the Interstate Commission shall notify the governor, the chief
13-37 justice or chief judicial officer and the majority and minority leaders of
13-38 the defaulting state’s legislature and the State Council of such
13-39 termination.
13-40 (8) The defaulting state is responsible for all assessments, obligations
13-41 and liabilities incurred through the effective date of termination,
13-42 including any obligations, the performance of which extends beyond the
13-43 effective date of termination.
13-44 (9) The Interstate Commission shall not bear any costs relating to the
13-45 defaulting state unless otherwise mutually agreed upon between the
13-46 Interstate Commission and the defaulting state.
14-1 (10) Reinstatement following termination of any compacting state
14-2 requires both a reenactment of the compact by the defaulting state and
14-3 the approval of the Interstate Commission pursuant to the rules.
14-4 Section C. Judicial Enforcement
14-5 (11) The Interstate Commission may, by majority vote of the members,
14-6 initiate legal action in the United States District Court for the District of
14-7 Columbia or, at the discretion of the Interstate Commission, in the
14-8 federal district where the Interstate Commission has its offices to enforce
14-9 compliance with the provisions of the compact, its duly promulgated
14-10 rules and bylaws, against any compacting state in default. In the event
14-11 judicial enforcement is necessary, the prevailing party shall be awarded
14-12 all costs of such litigation including reasonable attorney’s fees.
14-13 Section D. Dissolution of Compact
14-14 (12) The compact dissolves effective upon the date of the withdrawal
14-15 or default of the compacting state which reduces membership in the
14-16 compact to one compacting state. Upon the dissolution of this compact,
14-17 the compact becomes null and void and shall be of no further force or
14-18 effect, and the business and affairs of the Interstate Commission shall be
14-19 wound up and any surplus funds shall be distributed in accordance with
14-20 the bylaws.
14-21 ARTICLE XII. SEVERABILITY
AND
CONSTRUCTION
14-22 (1) The provisions of this compact shall be severable, and if any
14-23 phrase, clause, sentence or provision is deemed unenforceable, the
14-24 remaining provisions of the compact shall be enforceable.
14-25 (2) The provisions of this compact shall be liberally construed to
14-26 effectuate its purposes.
14-27 ARTICLE XIII. BINDING
EFFECT OF COMPACT
AND OTHER LAWS
14-28 Section A. Other Laws
14-29 (1) Nothing herein prevents the enforcement of any other law of a
14-30 compacting state that is not inconsistent with this compact.
14-31 (2) All compacting states’ laws conflicting with this compact are
14-32 superseded to the extent of the conflict.
14-33 Section B. Binding Effect of the Compact
14-34 (3) All lawful actions of the Interstate Commission, including all rules
14-35 and bylaws promulgated by the Interstate Commission, are binding upon
14-36 the compacting states.
15-1 (4) All agreements between the Interstate Commission and the
15-2 compacting states are binding in accordance with their terms.
15-3 (5) Upon the request of a party to a conflict over meaning or
15-4 interpretation of Interstate Commission actions, and upon a majority
15-5 vote of the compacting states, the Interstate Commission may issue
15-6 advisory opinions regarding such meaning or interpretation.
15-7 (6) In the event any provision of this compact exceeds the
15-8 constitutional limits imposed on the legislature of any compacting state,
15-9 the obligations, duties, powers or jurisdiction sought to be conferred by
15-10 such provision upon the Interstate Commission shall be ineffective and
15-11 such obligations, duties, powers or jurisdiction shall remain in the
15-12 compacting state and shall be exercised by the agency thereof to which
15-13 such obligations, duties, powers or jurisdiction are delegated by law in
15-14 effect at the time this compact becomes effective.
15-15 Sec. 2. NRS 213.15103 is hereby amended to read as follows:
15-16 213.15103 1. If a parolee is incarcerated in a county jail for a
15-17 violation of a condition of his parole or because his residential confinement
15-18 is terminated pursuant to NRS 213.15198, the sheriff of that county shall
15-19 notify the chief. If there are no other criminal charges pending or warrants
15-20 outstanding for the parolee, the division shall take custody of the parolee
15-21 within:
15-22 (a) Five working days after the inquiry held pursuant to NRS 213.1511
15-23 is conducted.
15-24 (b) Five working days after receiving notice from the sheriff if the
15-25 parolee was paroled by another state and is under supervision in this state
15-26 pursuant to [NRS 213.180 to 213.210, inclusive.] section 1 of this act.
15-27 2. If the division fails to take custody of a parolee within the time
15-28 required by subsection 1, the division shall reimburse the county in which
15-29 the jail is situated, at a daily rate to be determined by the board of county
15-30 commissioners for that county, for the cost of housing the parolee each day
15-31 the parolee is incarcerated in the jail. If the division does not certify in
15-32 writing within:
15-33 (a) Five working days after the inquiry held pursuant to NRS 213.1511
15-34 is conducted; or
15-35 (b) Five working days after receiving notice from the sheriff if the
15-36 parolee was paroled by another state and is under supervision in this state
15-37 pursuant to [NRS 213.180 to 213.210, inclusive,] section 1 of this act,
15-38 that continued incarceration of the parolee is necessary, the sheriff may, if
15-39 there are no other criminal charges pending or warrants outstanding for the
15-40 parolee, release him from custody.
15-41 3. The provisions of this section do not apply if the division has
15-42 entered into an agreement with a county that provides otherwise.
15-43 Sec. 3. NRS 213.1517 is hereby amended to read as follows:
15-44 213.1517 1. Where the inquiring officer has determined that there is
15-45 probable cause for a hearing by the board, the chief may, after
15-46 consideration of the case and pending the next meeting of the board:
15-47 (a) Release the arrested parolee again upon parole;
16-1 (b) Order the parolee to be placed in residential confinement in
16-2 accordance with the provisions of NRS 213.15193, 213.15195 and
16-3 213.15198; or
16-4 (c) Suspend his parole and return him to confinement.
16-5 2. The chief shall take whichever action under subsection 1 he deems
16-6 appropriate within:
16-7 (a) Fifteen days if the prisoner was paroled by the board.
16-8 (b) Thirty days if the prisoner was paroled by the authority of another
16-9 state and is under supervision in this state pursuant to [NRS 213.180 to
16-10 213.210, inclusive.] section 1 of this act. This paragraph does not apply to
16-11 a parolee who is retaken by an officer of the sending state.
16-12 3. If a determination has been made that probable cause exists for the
16-13 continued detention of a paroled prisoner, the board shall consider the
16-14 prisoner’s case within 60 days after his return to the custody of the
16-15 department of prisons or his placement in residential confinement pursuant
16-16 to subsection 1.
16-17 Sec. 4. NRS 213.180, 213.185, 213.190, 213.200 and 213.210 are
16-18 hereby repealed.
16-19 Sec. 5. This act becomes effective:
16-20 1. On July 1, 2001; or
16-21 2. Upon enactment of the Interstate Compact for Adult Offender
16-22 Supervision into law by the 35th jurisdiction,
16-23 whichever is later.
16-24 LEADLINES OF REPEALED SECTIONS
16-25 213.180 Short title.
16-26 213.185 “State” defined; Nevada party to compact with any
16-27 additional jurisdictions joining therein.
16-28 213.190 Governor authorized to enter into compacts with states
16-29 regarding supervision of persons on parole or probation.
16-30 213.200 Form of compact.
16-31 213.210 NRS 213.180 to 213.210, inclusive, to be construed as
16-32 distinct from law relating to extradition of fugitives from justice.
16-33 H