Senate Bill No. 194–Committee on Judiciary
CHAPTER..........
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:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto a
new section to read as follows:
The Interstate Compact for Adult Offender Supervision is hereby
ratified, enacted into law and entered into with all jurisdictions legally
joining in the Compact, in substantially the form set forth in this
section:
ARTICLE I. PURPOSE
(1) 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.
(2) The compacting states also recognize that Congress, by enacting
the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in
the prevention of crime.
(3) It is the purpose of this compact and the Interstate Commission
created hereunder, 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.
(4) In addition, this compact will create an Interstate Commission
which will establish uniform procedures to manage the movement
between states of adults placed under community supervision and
released to the community under the jurisdiction of courts, paroling
authorities, corrections or other criminal justice agencies which will
promulgate rules to achieve the purpose of this compact, ensure an
opportunity for input and timely notice to victims and to jurisdictions
where defined 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 heads of state councils, state
executive, judicial and legislative branches and 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 regarding
regulation of interstate movement of offenders for officials involved in
such activity.
(5) 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 bylaws and rules promulgated hereunder.
(6) 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 are therefore public business.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a different
construction:
(1) “Adult” means both individuals legally classified as adults and
juveniles treated as adults by court order, statute or operation of law.
(2) “Bylaws” means those bylaws established by the Interstate
Commission for its governance or for directing or controlling the
Interstate Commission’s actions or conduct.
(3) “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.
(4) “Compacting state” means any state which has enacted the
enabling legislation for this compact.
(5) “Commissioner” means the voting representative of each
compacting state appointed pursuant to Article IV of this compact.
(6) “Interstate Commission” means the Interstate Commission for
Adult Offender Supervision established by this compact.
(7) “Member” means the commissioner of a compacting state or
designee, who shall be a person officially connected with the
commissioner.
(8) “Noncompacting state” means any state which has not enacted the
enabling legislation for this compact.
(9) “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, corrections or other criminal justice agencies.
(10) “Person” means any individual, corporation, business enterprise,
or other legal entity, either public or private.
(11) “Rules” means acts of the Interstate Commission, duly
promulgated pursuant to Article VIII of this compact, substantially
affecting interested parties in addition to the Interstate Commission,
which shall have the force and effect of law in the compacting states.
(12) “State” means a state of the United States, the District of
Columbia and any other territorial possession of the United States.
(13) “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.
(1) 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 herein, 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.
(2) The Interstate Commission shall consist of commissioners selected
and appointed by resident members of a State Council for Interstate
Adult Offender Supervision for 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 ex officio, nonvoting members. The
Interstate Commission may provide in its bylaws for such additional, ex
officio, nonvoting members as it deems necessary.
(3) 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.
(4) 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.
(5) The Interstate Commission shall establish an executive committee
which 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 and/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 as directed by the
Interstate Commission and performs other duties as directed by the
Interstate Commission or set forth in the bylaws.
ARTICLE IV. THE STATE COUNCIL
(1) The Nevada State Council for Interstate Adult Offender
Supervision is hereby created. The Nevada State Council for Interstate
Adult Offender Supervision consists of the following seven members:
(a) The compact administrator, appointed by the governor, who shall
serve as chairman and as commissioner to the Interstate Commission for
this state;
(b) Three members appointed by the governor, one of whom must be a
representative of an organization supporting the rights of victims of
crime;
(c) One member of the senate, appointed by the majority leader of the
senate;
(d) One member of the assembly, appointed by the speaker of the
assembly; and
(e) One member who is a district judge, appointed by the chief justice
of the supreme court of Nevada.
(2) The members of the Nevada State Council for Interstate Adult
Offender Supervision serve at the pleasure of the persons who appointed
them.
(3) The legislators who are members of the Nevada State Council for
Interstate Adult Offender Supervision are entitled to receive the salary
provided for a majority of the members of the legislature during the first
60 days of the preceding session for each day’s attendance at a meeting
of the Nevada State Council for Interstate Adult Offender Supervision.
(4) While engaged in the business of the commission, each member of
the Nevada State Council for Interstate Adult Offender Supervision is
entitled to receive the per diem allowance and travel expenses provided
for state officers and employees generally.
The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitable bylaws governing the management
and operation of the Interstate Commission.
(2) 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.
(3) 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 compact commission.
(4) To enforce compliance with compact provisions, Interstate
Commission rules and bylaws, using all necessary and proper means,
including, but not limited to, the use of judicial process.
(5) To establish and maintain offices.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept or contract for services of personnel, including,
but not limited to, members and their staffs.
(8) To establish and appoint committees and hire staff which it deems
necessary for the carrying out of its functions, including, but not limited
to, an executive committee as required by Article III which shall have
the power to act on behalf of the Interstate Commission in carrying out
its powers and duties hereunder.
(9) To elect or appoint such 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.
(10) To accept any and all donations and grants of money, equipment,
supplies, materials and services, and to receive, utilize and dispose of
same.
(11) To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal or
mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as
provided in Article X of this compact.
(14) To sue and be sued.
(15) To provide for dispute resolution among compacting states.
(16) To perform such functions as may be necessary or appropriate to
achieve the purposes of this compact.
(17) 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.
(18) To coordinate education, training and public awareness
regarding the interstate movement of offenders for officials involved in
such activity.
(19) To establish uniform standards for the reporting, collecting and
exchanging of data.
(1) 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:
(a) Establishing the fiscal year of the Interstate Commission.
(b) Establishing an executive committee and such other committees as
may be necessary.
(c) Providing reasonable standards and procedures for:
(i) The establishment of committees; and
(ii) Governing any general or specific delegation of any authority or
function of the Interstate Commission.
(d) Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission and ensuring reasonable notice
of each such meeting.
(e) Establishing the titles and responsibilities of the officers of the
Interstate Commission.
(f) Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the Interstate
Commission. Notwithstanding any civil service or other similar laws of
any compacting state, the bylaws shall exclusively govern the personnel
policies and programs of the Interstate Commission.
(g) 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
and/or reserving of all of its debts and obligations.
(h) Providing transition rules for “start up” administration of the
compact.
(i) Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
(2) 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 authority and duties as may be specified
in the bylaws. The chairperson or, in his 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.
(3) 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 hire and supervise such other staff as
may be authorized by the Interstate Commission, but shall not be a
member.
(4) The Interstate Commission shall maintain its corporate books and
records in accordance with the bylaws.
Section D. Qualified Immunity, Defense and Indemnification
(5) The members, officers, executive director and employees of the
Interstate Commission shall be immune from suit and liability, either
personally or in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability caused or
arising out of any actual or alleged act, error or omission that occurred
within the scope of Interstate Commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit and/or liability for any
damage, loss, injury or liability caused by the intentional or willful and
wanton misconduct of any such person.
(6) The Interstate Commission shall defend the commissioner of a
compacting state, or his or her 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.
(7) The Interstate Commission shall indemnify and hold the
commissioner of a compacting state, the appointed designee 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 gross negligence or
intentional wrongdoing on the part of such person.
ARTICLE VII. ACTIVITIES OF THE
INTERSTATE COMMISSION
(1) The Interstate Commission shall meet and take such actions as are
consistent with the provisions of this compact.
(2) Except as otherwise provided in this compact and unless a greater
percentage is required by 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.
(3) 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 state and shall not delegate
a vote to another member state. However, a State Council shall appoint
another authorized representative, in the absence of the commissioner
from that state, to cast a vote on behalf of the member state 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.
(4) 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.
(5) 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 they 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.
(6) 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
Sunshine Act,” 5 U.S.C. Section 552(b), as may be amended. 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:
(a) Relate solely to the Interstate Commission’s internal personnel
practices and procedures.
(b) Disclose matters specifically exempted from disclosure by statute.
(c) Disclose trade secrets or commercial or financial information
which is privileged or confidential.
(d) Involve accusing any person of a crime or formally censuring any
person.
(e) Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy.
(f) Disclose investigatory records compiled for law enforcement
purposes.
(g) 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.
(h) Disclose information, the premature disclosure of which would
significantly endanger the life of a person or the stability of a regulated
entity.
(i) Specifically relate to the Interstate Commission’s issuance of a
subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the Interstate
Commission’s chief legal officer shall publicly certify that, in his or her
opinion, the meeting may be closed to the public, and shall reference
each relevant exemptive provision.
(7) The Interstate Commission shall keep minutes which 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 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.
(8) The Interstate Commission shall collect standardized data
concerning the interstate movement of offenders as directed through its
bylaws and rules which shall specify the data to be collected, the means
of collection and data exchange and reporting requirements.
ARTICLE VIII. RULEMAKING FUNCTIONS OF THE
INTERSTATE COMMISSION
(1) 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.
(2) 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. Section 551 et seq., and the
Federal Advisory Committee Act, 5 U.S.C. App. 2, Section 1 et seq., as
may be amended (hereinafter “APA”).
(3) All rules and amendments shall become binding as of the date
specified in each rule or amendment.
(4) 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.
(5) When promulgating a rule, the Interstate Commission shall:
(a) Publish the proposed rule stating with particularity the text of the
rule which is proposed and the reason for the proposed rule.
(b) Allow persons to submit written data, facts, opinions and
arguments, which information shall be publicly available.
(c) Provide an opportunity for an informal hearing.
(d) Promulgate a final rule and its effective date, if appropriate, based
on the rulemaking record.
(6) 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 such rule.
If the court finds that the Interstate Commission’s action is not
supported by substantial evidence, as defined in the APA, in the
rulemaking record, the court shall hold the rule unlawful and set it
aside.
(7) Subjects to be addressed within 12 months after the first meeting
must at a minimum include:
(a) Notice to victims and opportunity to be heard.
(b) Offender registration and compliance.
(c) Violations/returns.
(d) Transfer procedures and forms.
(e) Eligibility for transfer.
(f) Collection of restitution and fees from offenders.
(g) Data collection and reporting.
(h) The level of supervision to be provided by the receiving state.
(i) 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.
(j) Mediation, arbitration and dispute resolution.
(8) The existing rules governing the operation of the previous compact
superseded by this act shall be null and void 12 months after the first
meeting of the Interstate Commission created hereunder.
(9) Upon determination by the Interstate Commission that an
emergency exists, it may promulgate an emergency rule which shall
become effective immediately upon adoption; provided that the usual
rulemaking procedures provided hereunder shall be retroactively applied
to said rule as soon as reasonably possible, in no event later than 90
days after the effective date of the rule.
ARTICLE IX. OVERSIGHT, ENFORCEMENT AND
DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
Section A. Oversight
(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 which 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 which 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.
Section B. Dispute Resolution
(3) 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.
(4) The Interstate Commission shall attempt to resolve any disputes or
other issues which are subject to the compact and which may arise
among compacting states and noncompacting states.
(5) 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.
Section C. Enforcement
(6) 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, Section B, of this compact.
ARTICLE X. FINANCE
(1) The Interstate Commission shall pay or provide for the payment of
the reasonable expenses of its establishment, organization and ongoing
activities.
(2) 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 and shall promulgate a rule binding upon all
compacting states which governs said assessment.
(3) 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.
(4) 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.
ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE
AND AMENDMENT
(1) Any state, as defined in Article II of this compact, is eligible to
become a compacting state.
(2) The compact shall become effective and binding upon legislative
enactment of the compact into law by no less 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 it shall become effective and
binding, as to any other compacting state, upon enactment of the
compact into law by that state. The governors of nonmember states or
their designees will be invited to participate in Interstate Commission
activities on a nonvoting basis prior to adoption of the compact by all
states and territories of the United States.
(3) 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
Section A. Withdrawal
(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 (“withdrawing state”)
by enacting a statute specifically repealing the statute which enacted the
compact into law. The effective date of withdrawal is the effective date of
the repeal.
(2) 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.
(3) 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
extends beyond the effective date of withdrawal.
(4) 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.
Section B. Default
(5) If the Interstate Commission determines that any compacting state
has at any time defaulted (“defaulting state”) in the performance of any
of its obligations or responsibilities under this compact, the bylaws or
any duly promulgated rules, the Interstate Commission may impose any
or all of the following penalties:
(a) Fines, fees and costs in such amounts as are deemed to be
reasonable as fixed by the Interstate Commission.
(b) Remedial training and technical assistance as directed by the
Interstate Commission.
(c) 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 state, the majority and minority leaders of the defaulting state’s
legislature, and the State Council.
(6) The grounds for default include, but are not limited to, failure of a
compacting state to perform such obligations or responsibilities imposed
upon it by this compact, Interstate Commission bylaws or duly
promulgated 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
herein, 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.
(7) 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 and the majority and minority leaders of
the defaulting state’s legislature and the State Council of such
termination.
(8) 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 extends beyond the
effective date of termination.
(9) 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.
(10) 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.
Section C. Judicial Enforcement
(11) 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 where the Interstate Commission has its offices to
enforce compliance with the provisions of the compact, its duly
promulgated rules and 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’s
fees.
Section D. Dissolution of Compact
(12) The compact dissolves effective upon the date of the withdrawal
or default of the compacting state which reduces membership in the
compact to one compacting state. 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
(1) 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.
(2) The provisions of this compact shall be liberally construed to
effectuate its purposes.
ARTICLE XIV. BINDING EFFECT OF COMPACT
AND OTHER LAWS
Section A. Other Laws
(1) Nothing herein prevents the enforcement of any other law of a
compacting state that is not inconsistent with this compact.
(2) The laws of this state, other than the constitution of the State of
Nevada, that conflict with this compact are superseded to the extent of
the conflict.
Section B. Binding Effect of the Compact
(3) All lawful actions of the Interstate Commission, including all rules
and bylaws promulgated by the Interstate Commission, are binding upon
the compacting states.
(4) All agreements between the Interstate Commission and the
compacting states are binding in accordance with their terms.
(5) 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.
(6) 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.
(7) This state 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 constitution of the State of Nevada as
interpreted by the courts of this state.
Sec. 2. NRS 213.15103 is hereby amended to read as follows:
213.15103 1. If a parolee is incarcerated in a county jail for a
violation of a condition of his parole or because his residential
confinement is terminated pursuant to NRS 213.15198, the sheriff of that
county shall notify the chief. If there are no other criminal charges pending
or warrants outstanding for the parolee, the division shall take custody of
the parolee within:
(a) Five working days after the inquiry held pursuant to NRS 213.1511
is conducted.
(b) Five working days after receiving notice from the sheriff if the
parolee was paroled by another state and is under supervision in this state
pursuant to [NRS 213.180 to 213.210, inclusive.] section 1 of this act.
2. If the division fails to take custody of a parolee within the time
required by subsection 1, the division shall reimburse the county in which
the jail is situated, at a daily rate to be determined by the board of county
commissioners for that county, for the cost of housing the parolee each
day the parolee is incarcerated in the jail. If the division does not certify in
writing within:
(a) Five working days after the inquiry held pursuant to NRS 213.1511
is conducted; or
(b) Five working days after receiving notice from the sheriff if the
parolee was paroled by another state and is under supervision in this state
pursuant to [NRS 213.180 to 213.210, inclusive,] section 1 of this act,
that continued incarceration of the parolee is necessary, the sheriff may, if
there are no other criminal charges pending or warrants outstanding for the
parolee, release him from custody.
3. The provisions of this section do not apply if the division has
entered into an agreement with a county that provides otherwise.
Sec. 3. NRS 213.1517 is hereby amended to read as follows:
213.1517 1. Where the inquiring officer has determined that there is
probable cause for a hearing by the board, the chief may, after
consideration of the case and pending the next meeting of the board:
(a) Release the arrested parolee again upon parole;
(b) Order the parolee to be placed in residential confinement in
accordance with the provisions of NRS 213.15193, 213.15195 and
213.15198; or
(c) Suspend his parole and return him to confinement.
2. The chief shall take whichever action under subsection 1 he deems
appropriate within:
(a) Fifteen days if the prisoner was paroled by the board.
(b) Thirty days if the prisoner was paroled by the authority of another
state and is under supervision in this state pursuant to [NRS 213.180 to
213.210, inclusive.] section 1 of this act. This paragraph does not apply to
a parolee who is retaken by an officer of the sending state.
3. If a determination has been made that probable cause exists for the
continued detention of a paroled prisoner, the board shall consider the
prisoner’s case within 60 days after his return to the custody of the
department of prisons or his placement in residential confinement pursuant
to subsection 1.
Sec. 4. NRS 213.180, 213.185, 213.190, 213.200 and 213.210 are
hereby repealed.
Sec. 5. This act becomes effective:
1. On July 1, 2001; or
2. Upon enactment of the Interstate Compact for Adult Offender
Supervision into law by the 35th jurisdiction,
whichever is later.
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