9.__Offender.__"Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities or corrections or other criminal justice agencies.

10.__Person.__"Person" means any individual, corporation, business enterprise or other legal entity, either public or private.

11.__Rules.__"Rules" means acts of the interstate commission, duly promulgated pursuant to section 9878, substantially affecting interested parties in addition to the interstate commission that have the force and effect of law in the compacting states.

12.__State.__"State" means a state of the United States, the District of Columbia and any other territorial possession of the United States.

13.__State council.__"State council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under section 9874.

§9873.__Interstate Commission for Adult Offender Supervision--

Article III

1.__Commission created.__The compacting states hereby create the Interstate Commission for Adult Offender Supervision.__The interstate commission is a body corporate and joint agency of the compacting states. The interstate commission has all the responsibilities, powers and duties set forth in this section, 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.__Commissioners.__The interstate commission consists of commissioners selected and appointed by the state council for each state.

3.__Noncommissioner members.__In addition to the commissioners who are the voting representatives of each state, the interstate commission includes individuals who are not commissioners but who are members of interested organizations.__These 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 are ex officio, nonvoting members.__The interstate commission may provide in its bylaws for such additional, ex officio, nonvoting members as it considers necessary.

4.__Each state entitled to one vote; quorum.__Each compacting state represented at any meeting of the interstate commission is entitled to one vote.__A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

5.__Meetings.__The interstate commission shall meet at least once each calendar year.__The chair may call additional meetings and, upon the request of a majority of the members, shall call additional meetings.__Public notice must be given of all meetings and meetings are open to the public.

6.__Executive committee.__The interstate commission shall establish an executive committee that includes commission officers, members and others as determined by the bylaws.__The executive committee has the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking or amendments 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.

§9874.__State council--Article IV

Each member state shall create a State Council for Interstate Adult Offender Supervision that is responsible for the appointment of the commissioner who serves on the interstate commission from that state.__Each state council shall appoint as its commissioner the compact administrator from that state to serve on the interstate commission in such capacity under or pursuant to applicable law of the member state.__While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial and executive branches of government; victims groups; and the compact administrator.__Each compacting state retains the right to determine the qualifications of the compact administrator who must be appointed by the state council or by the governor in consultation with the legislature and the judiciary.__In addition to appointment of its commissioner to the interstate commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state.

§9875.__Powers of the interstate commission-- Article V

The interstate commission has the following powers:

1.__Adopt seal and bylaws.__To adopt a seal and suitable bylaws governing the management and operation of the interstate commission;

2.__Promulgate rules.__To promulgate rules that have the force and effect of statutory law and are binding in the compacting states to the extent and in the manner provided in this compact;

3.__Supervise interstate movement of offenders.__To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact, any bylaws adopted and rules promulgated by the interstate commission;

4.__Enforce compact, rules and bylaws.__To enforce compliance with compact provisions and interstate commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;

5.__Establish and maintain offices.__To establish and maintain offices;

6.__Purchase and maintain insurance and bonds.__To purchase and maintain insurance and bonds;

7.__Provide personnel services.__To borrow, accept or contract for services of personnel, including, but not limited to, members and the members' staffs;

8.__Establish and appoint committees; hire staff.__To establish and appoint committees and hire staff that it considers necessary for carrying out its functions, including, but not limited to, an executive committee as required by section 9873 that has the power to act on behalf of the interstate commission in carrying out its powers and duties;

9.__Elect or appoint officers, attorneys, employees, agents or consultants; establish personnel policies.__To elect or appoint officers, attorneys, employees, agents or consultants; 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.__Accept donations.__To accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of those donations and grants;

11.__Hold property.__To lease, purchase, accept contributions or donations of or otherwise to own, hold, improve or use any property, real, personal or mixed;

12.__Sell property.__To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

13.__Establish budget. To establish a budget, make expenditures and levy assessments as provided in section 9880;

14.__Sue and be sued.__To sue and be sued;

15.__Provide for dispute resolution.__To provide for dispute resolution among compacting states;

16.__Perform other functions.__To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;

17.__Report.__To report annually to the legislatures, governors, judiciaries and state councils of the compacting states concerning the activities of the interstate commission during the preceding year.__Such reports must also include any recommendations that have been adopted by the interstate commission;

18.__Coordinate education regarding interstate movement of offenders.__To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity; and

19.__Establish standards for reporting, collecting and exchanging data.__To establish uniform standards for the reporting, collecting and exchanging of data.

§9876.__Organization and operation of the interstate commission--

Article VI

1.__Bylaws.__The interstate commission shall adopt bylaws, by a majority vote of the members, within 12 months of the first interstate commission meeting to govern its conduct as may be necessary or appropriate to carry out the purposes of this subchapter, 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:

(1)__For the establishment of committees; and

(2)__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 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 or reserving of all of its debts and obligations;

H.__Providing transitional rules for administration of the compact when it first takes effect; and

I.__Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

2.__Officers and staff.__The following provisions govern officers and staff.

A.__The interstate commission shall, by a majority vote of the members, elect from among its members a chair and a vice-chair, each of whom has such authorities and duties as may be specified in the bylaws.__The chair or, in the chair's absence or disability, the vice-chair shall preside at all meetings of the interstate commission.__The officers so elected serve without compensation or remuneration from the interstate commission, provided that, subject to the availability of budgeted__funds, the officers are 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.

B.__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 considers appropriate.__The executive director serves as secretary to the interstate commission and may hire and supervise such other staff as may be authorized by the interstate commission but may not be a member.

3.__Corporate books and records of the interstate commission.__ The interstate commission shall maintain its corporate books and records in accordance with the bylaws.

4.__Qualified immunity, defense and indemnification.__The following provisions govern qualified immunity, defense and indemnification.

A.__The members, officers, executive director and employees of the interstate commission are 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 an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities.__Nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

B.__The interstate commission shall defend the commissioner of a compacting state, a commissioner's representatives or employees or the interstate commission's representatives or employees, in a 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, if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of that person.

C.__The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employee or the interstate commission's representative or employee, harmless in the amount of any settlement or judgment obtained against such a person 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 a person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of that person.

§9877.__Activities of the interstate commission--Article VII

1.__Commission actions.__The interstate commission shall meet and take such actions as are consistent with the provisions of this compact.__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, the act must have been taken at a meeting of the interstate commission and must have received an affirmative vote of a majority of the members present.

2.__Members' rights.__Each member of the interstate commission has the right and power to cast a vote to which the 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 may not delegate a vote to another member state.__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 is subject to the same quorum requirements of meetings when members are present in person.

3.__Meeting.__The interstate commission shall meet at least once during each calendar year.__The chair 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.

4.__Information; records available.__The interstate commission's bylaws must 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 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.

5.__Meeting notice. Public notice must be given of all meetings and all meetings are open to the public, except as set forth in the rules or as otherwise provided in the compact.__The interstate commission shall promulgate rules consistent with the principles contained in the Government in the Sunshine Act, 5 United States Code, Section 552 (b), as amended.__The interstate commission and any of its committees may close a meeting to the public when the interstate commission determines by 2/3 vote that an open meeting:

A.__Relates solely to the interstate commission's internal personnel practices and procedures;

B.__May disclose matters specifically exempted from disclosure by statute;

C.__May disclose trade secrets or commercial or financial information that is privileged or confidential;

D.__May involve accusing a person of a crime or formally censuring a person;

E.__May disclose information of a personal nature and that disclosure would constitute a clearly unwarranted invasion of personal privacy;

F.__May disclose investigatory records compiled for law enforcement purposes;

G.__May 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.__May disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; or

I.__Specifically relates to the interstate commission's issuance of a subpoena or its participation in a civil action or proceeding.

6.__Public certification.__For every meeting closed pursuant to subsection 5, the interstate commission's chief legal officer shall publicly certify that, in the chief legal officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision of subsection 5.__The interstate commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and provide a full and accurate summary of any actions taken and the reasons for taking such actions, including a description of each of the views expressed on any item and the record of any vote by roll call, reflected in the vote of each member on the question.__All documents considered in connection with any action must be identified in the minutes.

7.__Collect data.__The interstate commission shall collect data concerning the interstate movement of offenders as directed through its bylaws and rules that must specify the data to be collected, the means of collection and data exchange and reporting requirements.

§9878.__Rule-making functions of the interstate commission--

Article VIII

1.__Rules.__The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transitional rules governing administration of the compact during the period in which it is being considered and enacted by the state.

Rulemaking must occur pursuant to the criteria set forth in this section and rules promulgated pursuant to this section.__The rulemaking must substantially conform to the principles of the federal Administrative Procedure Act, 5 United States Code, Section 551 et seq. and the federal Advisory Committee Act, 5 United States Code App. 2 Section 1 et seq., as may be amended, referred to in this subchapter as the "APA."

All rules and amendments are binding on the date specified in each rule or amendment.

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 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;

I.__Transitional 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 that the last eligible state adopts the compact; and

J.__Mediation, arbitration and dispute resolution.

6.__Emergency rule.__If the interstate commission determines that an emergency exists, it may promulgate an emergency rule that becomes effective immediately upon adoption as long as the usual rule-making procedures provided under this section are retroactively applied to the rule as soon as reasonably possible but no later than 90 days after the effective date of the rule.

§9879.__Oversight, enforcement and dispute resolution by the

interstate commission--Article IX

1.__Oversight.__The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor activities being administered in noncompacting states that may significantly affect compacting states.

The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.__In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the interstate commission, the interstate commission is entitled to receive all service of process in any such proceeding, and has standing to intervene in the proceeding for all purposes.

2.__Dispute resolution.__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.

The interstate commission shall attempt to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and noncompacting states.__The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

3.__Enforcement.__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 section 9882, subsection 2.

§9880.__Finance--Article X

1.__Expenses.__The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

2.__Assessment.__The interstate commission shall levy 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 sufficient to cover the interstate commission's annual budget as approved each year.__The aggregate annual assessment amount must 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 that governs the assessment.

3.__Obligations.__The interstate commission may not incur any obligations of any kind prior to securing the funds adequate to meet the same obligations; nor may the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

4.__Accounts.__The interstate commission shall keep accurate accounts of all receipts and disbursements.__The receipts and disbursements of the interstate commission are subject to the audit and accounting procedures established under its bylaws.__ All receipts and disbursements of funds handled by the interstate commission must be audited yearly by a certified or licensed public accountant and the report of the audit must be included in and become part of the annual report of the interstate commission.

§9881.__Compacting state; effective date; amendment--

Article XI

1.__Eligibility.__Any state, as defined in section 9872, is eligible to become a compacting state.

2.__Effective date.__The compact becomes effective and binding upon enactment of the compact into law by no fewer than 35 of the states.__The initial effective date is July 1, 2001, or upon enactment into law by the 35th state, whichever is later.__After the initial effective date, the compact becomes 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.__Notification.__The executive director of the interstate commission shall notify the Secretary of State of the State of Maine upon enactment of the compact into law by no fewer than 35 states.

4.__Nonapplicability.__When this subchapter takes effect, subchapter V no longer applies.

5.__Amendment.__Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states.__ An amendment does not become effective and binding upon the interstate commission and the compacting states unless it is enacted into law by unanimous consent of the compacting states.

§9882.__Withdrawal, default, termination and judicial enforcement

--Article XII

1.__Withdrawal.__Once effective, the compact continues in force and remains binding upon each compacting state.__A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact into law.__The effective date of withdrawal is the effective date of the repeal of the compact.__The withdrawing state shall immediately notify the chair 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 of the withdrawal notice.__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.__Reinstatement following withdrawal of any compacting state occurs on the withdrawing state's reenactment of the compact or upon a later date determined by the interstate commission.

2.__Default.__If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, 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 determined to be reasonable as fixed by the interstate commission;

B.__Remedial training and technical assistance as directed by the interstate commission; and

C.__Suspension and termination of membership in the compact.__ Suspension is imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted.__Immediate notice of suspension must 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.__The grounds for default include, but are not limited to, failure of a compacting state to perform the 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 resolution of the default.__The interstate commission shall stipulate the conditions and the time period within which the defaulting state shall resolve its default.__If the defaulting state fails to resolve the default within the time period specified by the interstate commission, in addition to any other penalties imposed in this section 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 are terminated from the effective date of suspension.

Within 60 days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer; the majority and minority leaders of the defaulting state's legislature; and the state council of such termination.

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.

The interstate commission may not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.

Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state's legislature and the approval of the interstate commission pursuant to the rules.

3.__Judicial enforcement. The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district court where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and its bylaws against any compacting state in default.__In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees.

4.__Dissolution of compact.__The compact dissolves upon the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state.__Upon the dissolution of this compact, the compact becomes void and has no further effect.__The business and affairs of the interstate commission must be wound up and surplus funds must be distributed in accordance with the bylaws.

§9883.__Severability and construction--Article XIII

The provisions of this compact are severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact are enforceable.__The provisions of this compact are liberally constructed to effectuate its purposes.

§9884.__Binding effect of compact and other laws--Article XIV

1.__Other laws.__This compact does not prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact.__All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.

2.__Binding effect of the compact.__All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states.__All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

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.

If a provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction to be conferred by such provision upon the interstate commission are ineffective.__ The obligations, duties, powers or jurisdiction remain in the compacting state and are exercised by the agency of the compacting states to which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

Sec. 2. Legislative intent. The text and numbering of the Interstate Compact for Adult Offender Supervision have been changed to conform to Maine statutory conventions. The changes are technical in nature and it is the intent of the Legislature that this Act be interpreted as substantively the same as the original compact.

SUMMARY

This bill creates the Interstate Compact for Adult Offender Supervision.