LD 2612
pg. 11
Page 10 of 17 An Act to Adopt a New Interstate Compact Regarding Adults Who are on Probation ... Page 12 of 17
Download Bill Text
LR 3882
Item 1

 
2.__Rule void.__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 by to adopt the compact, then
the rule has no further effect in any compacting state.

 
3.__Promulgation of rules.__When promulgating a rule, the
interstate commission shall:

 
A.__Publish the proposed rule stating with particularity the
text of the proposed rule and the reason for the proposed
rule;

 
B.__Allow persons to submit written data, facts, opinions
and arguments, which information must be publicly available;

 
C.__Provide an opportunity for an informal hearing; and

 
D.__Promulgate a final rule and its effective date, if
appropriate, based on the rule-making record.

 
4.__Rule review.__Not later than 60 days after a rule is
promulgated, an interested person may file a petition in the
United States District Court for the District of Columbia or in
the federal district court where the interstate commission's
principal office is located for judicial review of the rule.__If
the court finds that the interstate commission's action is not
supported by substantial evidence, as defined in the APA, in the
rule-making record, the court shall hold the rule unlawful and
set it aside.

 
5.__Subjects to be addressed.__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 and 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;


Page 10 of 17 Top of Page Page 12 of 17