S T A T E   O F   N E W   Y O R K
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                                  11722

                          I N  A S S E M B L Y

                            November 17, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Aubry, Scar-
  borough) -- read once and referred to the Committee on Correction

AN  ACT  to  amend the executive law, in relation to the adoption of the
  interstate compact for juveniles by the state of New  York;  to  amend
  the  family  court  act,  in  relation to appointment of attorneys for
  children; to repeal chapter 155 of the laws of 1955 relating to enact-
  ing the interstate compact on juveniles relating thereto; and  provid-
  ing for the repeal of certain provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Chapter 155 of the laws of 1955,  enacting  the  interstate
compact on juveniles, is REPEALED.
  S  2.  The  executive  law is amended by adding a new section 501-e to
read as follows:
  S 501-E. INTERSTATE COMPACT FOR JUVENILES.  THE INTERSTATE COMPACT FOR
JUVENILES IS HEREBY ENACTED INTO LAW AND ENTERED  INTO  WITH  ALL  OTHER
JURISDICTIONS  LEGALLY  JOINING  THEREIN  IN  A  FORM  SUBSTANTIALLY  AS
FOLLOWS:

                   THE INTERSTATE COMPACT FOR JUVENILES
                                ARTICLE I
                                 PURPOSE
  THE COMPACTING STATES TO THIS INTERSTATE COMPACT RECOGNIZE  THAT  EACH
STATE  IS RESPONSIBLE FOR THE PROPER SUPERVISION OR RETURN OF JUVENILES,
DELINQUENTS AND STATUS OFFENDERS WHO ARE ON PROBATION OR PAROLE AND  WHO
HAVE  ABSCONDED, ESCAPED OR RUN AWAY FROM SUPERVISION AND CONTROL AND IN
SO DOING HAVE ENDANGERED THEIR OWN SAFETY AND THE SAFETY OF OTHERS.  THE
COMPACTING  STATES ALSO RECOGNIZE THAT EACH STATE IS RESPONSIBLE FOR THE
SAFE RETURN OF JUVENILES WHO HAVE RUN AWAY FROM HOME  AND  IN  DOING  SO
HAVE LEFT THEIR STATE OF RESIDENCE. 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. IT IS THE PURPOSE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15804-10-0
              

A. 11722                            2

THIS COMPACT, THROUGH MEANS OF JOINT AND COOPERATIVE  ACTION  AMONG  THE
COMPACTING STATES TO:
  A.  ENSURE THAT THE ADJUDICATED JUVENILES AND STATUS OFFENDERS SUBJECT
TO THIS COMPACT ARE PROVIDED ADEQUATE SUPERVISION AND  SERVICES  IN  THE
RECEIVING STATE AS ORDERED BY THE ADJUDICATING JUDGE OR PAROLE AUTHORITY
IN THE SENDING STATE;
  B.  ENSURE THAT THE PUBLIC SAFETY INTERESTS OF THE CITIZENS, INCLUDING
THE VICTIMS OF JUVENILE OFFENDERS, IN BOTH  THE  SENDING  AND  RECEIVING
STATES ARE ADEQUATELY PROTECTED;
  C.  RETURN  JUVENILES  WHO  HAVE  RUN  AWAY, ABSCONDED OR ESCAPED FROM
SUPERVISION OR CONTROL OR HAVE BEEN ACCUSED OF AN OFFENSE TO  THE  STATE
REQUESTING THEIR RETURN;
  D.  MAKE  CONTRACTS FOR THE COOPERATIVE INSTITUTIONALIZATION IN PUBLIC
FACILITIES  IN  MEMBER  STATES  FOR  DELINQUENT  YOUTH  NEEDING  SPECIAL
SERVICES;
  E. PROVIDE FOR THE EFFECTIVE TRACKING AND SUPERVISION OF JUVENILES;
  F.  EQUITABLY  ALLOCATE  THE  COSTS,  BENEFITS  AND OBLIGATIONS OF THE
COMPACTING STATES;
  G. ESTABLISH PROCEDURES TO MANAGE THE MOVEMENT BETWEEN STATES OF JUVE-
NILE OFFENDERS RELEASED TO  THE  COMMUNITY  UNDER  THE  JURISDICTION  OF
COURTS,  JUVENILE DEPARTMENTS, OR ANY OTHER CRIMINAL OR JUVENILE JUSTICE
AGENCY WHICH HAS JURISDICTION OVER JUVENILE OFFENDERS;
  H. INSURE IMMEDIATE NOTICE TO JURISDICTIONS  WHERE  DEFINED  OFFENDERS
ARE AUTHORIZED TO TRAVEL OR TO RELOCATE ACROSS STATE LINES;
  I. ESTABLISH PROCEDURES TO RESOLVE PENDING CHARGES (DETAINERS) AGAINST
JUVENILE  OFFENDERS  PRIOR TO TRANSFER OR RELEASE TO THE COMMUNITY UNDER
THE TERMS OF THIS COMPACT;
  J. ESTABLISH A  SYSTEM  OF  UNIFORM  DATA  COLLECTION  ON  INFORMATION
PERTAINING  TO  JUVENILES  SUBJECT TO THIS COMPACT THAT ALLOWS ACCESS BY
AUTHORIZED JUVENILE JUSTICE AND CRIMINAL JUSTICE OFFICIALS, AND  REGULAR
REPORTING  OF  COMPACT ACTIVITIES TO HEADS OF STATE EXECUTIVE, JUDICIAL,
AND LEGISLATIVE BRANCHES AND JUVENILE AND CRIMINAL  JUSTICE  ADMINISTRA-
TORS;
  K.  MONITOR  COMPLIANCE  WITH  RULES  GOVERNING INTERSTATE MOVEMENT OF
JUVENILES AND INITIATE INTERVENTIONS TO ADDRESS AND  CORRECT  NONCOMPLI-
ANCE;
  L.  COORDINATE  TRAINING  AND  EDUCATION  REGARDING  THE REGULATION OF
INTERSTATE MOVEMENT OF JUVENILES FOR OFFICIALS INVOLVED IN  SUCH  ACTIV-
ITY; AND
  M. COORDINATE THE IMPLEMENTATION AND OPERATION OF THE COMPACT WITH THE
INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN, THE INTERSTATE COMPACT
FOR  ADULT  OFFENDER  SUPERVISION AND OTHER COMPACTS AFFECTING JUVENILES
PARTICULARLY IN THOSE CASES WHERE CONCURRENT OR OVERLAPPING  SUPERVISION
ISSUES ARISE.
  IT  IS  THE  POLICY  OF  THE  COMPACTING  STATES  THAT  THE ACTIVITIES
CONDUCTED BY THE INTERSTATE COMMISSION CREATED HEREIN ARE THE  FORMATION
OF  PUBLIC POLICIES AND THEREFORE ARE PUBLIC BUSINESS.  FURTHERMORE, THE
COMPACTING STATES SHALL  COOPERATE  AND  OBSERVE  THEIR  INDIVIDUAL  AND
COLLECTIVE DUTIES AND RESPONSIBILITIES FOR THE PROMPT RETURN AND ACCEPT-
ANCE  OF  JUVENILES  SUBJECT  TO  THE  PROVISIONS  OF  THIS COMPACT. THE
PROVISIONS OF THIS COMPACT SHALL BE REASONABLY AND  LIBERALLY  CONSTRUED
TO ACCOMPLISH THE PURPOSES AND POLICIES OF THE COMPACT.

                               ARTICLE II
                               DEFINITIONS

A. 11722                            3

  AS USED IN THIS COMPACT, UNLESS THE CONTEXT CLEARLY REQUIRES A DIFFER-
ENT CONSTRUCTION:
  A.  "BYLAWS"  MEANS THOSE BYLAWS ESTABLISHED BY THE INTERSTATE COMMIS-
SION FOR ITS GOVERNANCE, OR FOR DIRECTING OR CONTROLLING ITS ACTIONS  OR
CONDUCT;
  B.  "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 TRANS-
FER OF JUVENILES SUBJECT TO THE TERMS OF THIS COMPACT, THE RULES ADOPTED
BY THE INTERSTATE COMMISSION AND POLICIES ADOPTED BY THE  STATE  COUNCIL
UNDER THIS COMPACT;
  C.  "COMPACTING  STATE" MEANS ANY STATE WHICH HAS ENACTED THE ENABLING
LEGISLATION FOR THIS COMPACT;
  D. "COMMISSIONER" MEANS THE VOTING REPRESENTATIVE OF  EACH  COMPACTING
STATE APPOINTED PURSUANT TO ARTICLE III OF THIS COMPACT;
  E.  "COURT"  MEANS  ANY  COURT  HAVING  JURISDICTION  OVER DELINQUENT,
NEGLECTED, OR DEPENDENT CHILDREN;
  F. "DEPUTY COMPACT ADMINISTRATOR" MEANS THE  INDIVIDUAL,  IF  ANY,  IN
EACH  COMPACTING  STATE APPOINTED TO ACT ON BEHALF OF A COMPACT ADMINIS-
TRATOR PURSUANT TO THE TERMS OF THIS COMPACT RESPONSIBLE FOR THE  ADMIN-
ISTRATION  AND  MANAGEMENT  OF  THE  STATE'S SUPERVISION AND TRANSFER OF
JUVENILES SUBJECT TO THE TERMS OF THIS COMPACT, THE RULES ADOPTED BY THE
INTERSTATE COMMISSION AND POLICIES ADOPTED BY THE  STATE  COUNCIL  UNDER
THIS COMPACT;
  G.  "INTERSTATE  COMMISSION" MEANS THE INTERSTATE COMMISSION FOR JUVE-
NILES CREATED BY ARTICLE III OF THIS COMPACT;
  H. "JUVENILE" MEANS ANY PERSON DEFINED AS A  JUVENILE  IN  ANY  MEMBER
STATE OR BY THE RULES OF THE INTERSTATE COMMISSION, INCLUDING ANY:
  1.  "ACCUSED  DELINQUENT" WHICH MEANS A PERSON CHARGED WITH AN OFFENSE
THAT, IF COMMITTED BY AN ADULT, WOULD BE A CRIMINAL OFFENSE;
  2. "ADJUDICATED DELINQUENT" WHICH MEANS A PERSON FOUND TO HAVE COMMIT-
TED AN OFFENSE THAT, IF COMMITTED BY  AN  ADULT,  WOULD  BE  A  CRIMINAL
OFFENSE;
  3.  "ACCUSED  STATUS  OFFENDER"  WHICH  MEANS A PERSON CHARGED WITH AN
OFFENSE THAT WOULD NOT BE A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT;
  4. "ADJUDICATED STATUS OFFENDER" WHICH MEANS A PERSON  FOUND  TO  HAVE
COMMITTED  AN  OFFENSE THAT WOULD NOT BE A CRIMINAL OFFENSE IF COMMITTED
BY AN ADULT; AND
  5. "NON-OFFENDER" WHICH MEANS A PERSON IN NEED OF SUPERVISION WHO  HAS
NOT BEEN ACCUSED OR ADJUDICATED A STATUS OFFENDER OR DELINQUENT;
  I.  "NON-COMPACTING  STATE"  MEANS ANY STATE WHICH HAS NOT ENACTED THE
ENABLING LEGISLATION FOR THIS COMPACT;
  J. "PROBATION" OR "PAROLE" MEANS ANY KIND  OF  SUPERVISION  OR  CONDI-
TIONAL  RELEASE OF JUVENILES AUTHORIZED UNDER THE LAWS OF THE COMPACTING
STATES;
  K. "RULE" MEANS A  WRITTEN  STATEMENT  BY  THE  INTERSTATE  COMMISSION
PROMULGATED  PURSUANT  TO  ARTICLE VI OF THIS COMPACT THAT IS OF GENERAL
APPLICABILITY,  IMPLEMENTS,  INTERPRETS  OR  PRESCRIBES  A   POLICY   OR
PROVISION OF THE COMPACT, OR AN ORGANIZATIONAL, PROCEDURAL, OR PRACTICAL
REQUIREMENT OF THE COMMISSION, AND HAS THE FORCE AND EFFECT OF STATUTORY
LAW  IN  A  COMPACTING  STATE,  AND  INCLUDES  THE AMENDMENT, REPEAL, OR
SUSPENSION OF AN EXISTING RULE; AND
  L. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF  COLUM-
BIA  (OR ITS DESIGNEE), THE COMMONWEALTH OF PUERTO RICO, THE U.S. VIRGIN
ISLANDS, GUAM, AMERICAN SAMOA, AND THE NORTHERN MARIANAS ISLANDS.

A. 11722                            4

                               ARTICLE III
                   INTERSTATE COMMISSION FOR JUVENILES
  A.  THE COMPACTING STATES HEREBY CREATE THE "INTERSTATE COMMISSION FOR
JUVENILES." THE COMMISSION SHALL BE A BODY CORPORATE AND JOINT AGENCY OF
THE COMPACTING STATES. THE COMMISSION SHALL HAVE  ALL  THE  RESPONSIBIL-
ITIES, POWERS AND DUTIES SET FORTH HEREIN, AND SUCH ADDITIONAL POWERS AS
MAY BE CONFERRED UPON IT BY SUBSEQUENT ACTION OF THE RESPECTIVE LEGISLA-
TURES  OF  THE  COMPACTING  STATES  IN ACCORDANCE WITH THE TERMS OF THIS
COMPACT.
  B. THE INTERSTATE COMMISSION SHALL CONSIST OF COMMISSIONERS  APPOINTED
BY  THE  APPROPRIATE  APPOINTING AUTHORITY IN EACH STATE PURSUANT TO THE
RULES AND REQUIREMENTS OF EACH COMPACTING STATE AND IN CONSULTATION WITH
THE STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION CREATED HEREUNDER.
THE COMMISSIONER SHALL BE  THE  COMPACT  ADMINISTRATOR,  DEPUTY  COMPACT
ADMINISTRATOR  OR DESIGNEE FROM THAT STATE WHO SHALL SERVE ON THE INTER-
STATE COMMISSION IN SUCH CAPACITY UNDER OR PURSUANT  TO  THE  APPLICABLE
LAW OF THE COMPACTING STATE.
  C. IN ADDITION TO THE COMMISSIONERS WHO ARE THE VOTING REPRESENTATIVES
OF  EACH  STATE, THE INTERSTATE COMMISSION SHALL INCLUDE INDIVIDUALS WHO
ARE NOT COMMISSIONERS, BUT WHO ARE MEMBERS OF INTERESTED  ORGANIZATIONS.
SUCH  NON-COMMISSIONER  MEMBERS  MUST  INCLUDE  A MEMBER OF THE NATIONAL
ORGANIZATIONS OF GOVERNORS, LEGISLATORS, STATE CHIEF JUSTICES, ATTORNEYS
GENERAL, INTERSTATE COMPACT FOR ADULT OFFENDER  SUPERVISION,  INTERSTATE
COMPACT  FOR  THE  PLACEMENT  OF CHILDREN, JUVENILE JUSTICE AND JUVENILE
CORRECTIONS OFFICIALS, AND CRIME VICTIMS. ALL  NON-COMMISSIONER  MEMBERS
OF  THE  INTERSTATE COMMISSION SHALL BE EX-OFFICIO (NON-VOTING) MEMBERS.
THE INTERSTATE COMMISSION MAY PROVIDE IN ITS BYLAWS FOR SUCH  ADDITIONAL
EX-OFFICIO  (NON-VOTING)  MEMBERS,  INCLUDING  MEMBERS OF OTHER NATIONAL
ORGANIZATIONS, IN SUCH NUMBERS AS SHALL BE DETERMINED BY THE COMMISSION.
  D. EACH COMPACTING STATE REPRESENTED AT ANY MEETING OF THE  COMMISSION
IS  ENTITLED  TO  ONE  VOTE.  A  MAJORITY OF THE COMPACTING STATES SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF  BUSINESS,  UNLESS  A  LARGER
QUORUM IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION.
  E.  THE  COMMISSION  SHALL  MEET AT LEAST ONCE EACH CALENDAR YEAR. THE
CHAIRPERSON MAY CALL ADDITIONAL MEETINGS AND,  UPON  THE  REQUEST  OF  A
SIMPLE  MAJORITY  OF  THE COMPACTING STATES, SHALL CALL ADDITIONAL MEET-
INGS. PUBLIC NOTICE SHALL BE GIVEN OF ALL MEETINGS AND MEETINGS SHALL BE
OPEN TO THE PUBLIC.
  F. THE INTERSTATE COMMISSION SHALL ESTABLISH AN  EXECUTIVE  COMMITTEE,
WHICH  SHALL  INCLUDE COMMISSION OFFICERS, MEMBERS, AND OTHERS AS DETER-
MINED 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  RULEMAK-
ING AND/OR AMENDMENT TO THE COMPACT. THE EXECUTIVE COMMITTEE SHALL OVER-
SEE  THE  DAY-TO-DAY  ACTIVITIES  OF  THE  ADMINISTRATION OF THE COMPACT
MANAGED BY AN EXECUTIVE DIRECTOR AND INTERSTATE COMMISSION STAFF; ADMIN-
ISTER ENFORCEMENT AND COMPLIANCE WITH THE PROVISIONS OF THE COMPACT, ITS
BYLAWS AND RULES, AND PERFORM SUCH  OTHER  DUTIES  AS  DIRECTED  BY  THE
INTERSTATE COMMISSION OR SET FORTH IN THE BYLAWS.
  G.  EACH  MEMBER OF THE INTERSTATE COMMISSION SHALL HAVE THE RIGHT AND
POWER TO CAST A VOTE TO WHICH THAT COMPACTING STATE IS ENTITLED  AND  TO
PARTICIPATE  IN THE BUSINESS AND AFFAIRS OF THE INTERSTATE COMMISSION. A
MEMBER SHALL VOTE IN PERSON AND SHALL NOT DELEGATE  A  VOTE  TO  ANOTHER
COMPACTING  STATE.  HOWEVER,  A  COMMISSIONER,  IN CONSULTATION WITH THE
STATE COUNCIL, SHALL APPOINT ANOTHER AUTHORIZED REPRESENTATIVE,  IN  THE
ABSENCE OF THE COMMISSIONER FROM THAT STATE, TO CAST A VOTE ON BEHALF OF

A. 11722                            5

THE  COMPACTING STATE AT A SPECIFIED MEETING. THE BYLAWS MAY PROVIDE FOR
MEMBERS' PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF  TELE-
COMMUNICATION OR ELECTRONIC COMMUNICATION.
  H.  THE  INTERSTATE COMMISSION'S BYLAWS SHALL ESTABLISH CONDITIONS AND
PROCEDURES UNDER WHICH THE INTERSTATE COMMISSION SHALL MAKE ITS INFORMA-
TION AND OFFICIAL RECORDS AVAILABLE TO  THE  PUBLIC  FOR  INSPECTION  OR
COPYING. THE INTERSTATE COMMISSION MAY EXEMPT FROM DISCLOSURE ANY INFOR-
MATION  OR  OFFICIAL  RECORDS  TO THE EXTENT THEY WOULD ADVERSELY AFFECT
PERSONAL PRIVACY RIGHTS OR PROPRIETARY INTERESTS.
  I. PUBLIC NOTICE SHALL BE GIVEN OF ALL MEETINGS AND ALL MEETINGS SHALL
BE OPEN TO THE PUBLIC, EXCEPT AS SET FORTH IN THE RULES OR AS  OTHERWISE
PROVIDED  IN  THE  COMPACT.  THE  INTERSTATE  COMMISSION  AND ANY OF ITS
COMMITTEES MAY CLOSE A MEETING TO THE  PUBLIC  WHERE  IT  DETERMINES  BY
TWO-THIRDS VOTE THAT AN OPEN MEETING WOULD BE LIKELY TO:
  1.  RELATE  SOLELY  TO  THE INTERSTATE COMMISSION'S INTERNAL PERSONNEL
PRACTICES AND PROCEDURES;
  2. DISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY STATUTE;
  3. DISCLOSE TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION WHICH
IS PRIVILEGED OR CONFIDENTIAL;
  4. INVOLVE ACCUSING ANY PERSON OF A CRIME, OR FORMALLY  CENSURING  ANY
PERSON;
  5.  DISCLOSE  INFORMATION  OF A PERSONAL NATURE WHERE DISCLOSURE WOULD
CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
  6.  DISCLOSE  INVESTIGATIVE  RECORDS  COMPILED  FOR  LAW   ENFORCEMENT
PURPOSES;
  7.  DISCLOSE INFORMATION CONTAINED IN OR RELATED TO EXAMINATION, OPER-
ATING OR CONDITION REPORTS PREPARED BY, OR ON BEHALF OF OR FOR  THE  USE
OF,  THE  INTERSTATE  COMMISSION  WITH  RESPECT TO A REGULATED PERSON OR
ENTITY FOR THE PURPOSE OF REGULATION OR SUPERVISION OF  SUCH  PERSON  OR
ENTITY;
  8.  DISCLOSE  INFORMATION,  THE  PREMATURE  DISCLOSURE  OF WHICH WOULD
SIGNIFICANTLY ENDANGER THE STABILITY OF A REGULATED PERSON OR ENTITY; OR
  9. SPECIFICALLY RELATE TO THE INTERSTATE COMMISSION'S  ISSUANCE  OF  A
SUBPOENA, OR ITS PARTICIPATION IN A CIVIL ACTION OR OTHER LEGAL PROCEED-
ING.
  J. FOR EVERY MEETING CLOSED PURSUANT TO THIS PROVISION, THE INTERSTATE
COMMISSION'S  LEGAL  COUNSEL  SHALL  PUBLICLY CERTIFY THAT, IN THE LEGAL
COUNSEL'S OPINION, THE MEETING MAY BE CLOSED TO THE  PUBLIC,  AND  SHALL
REFERENCE  EACH  RELEVANT EXEMPTIVE PROVISION. 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.
  K. THE INTERSTATE COMMISSION SHALL COLLECT STANDARDIZED DATA  CONCERN-
ING  THE  INTERSTATE MOVEMENT OF JUVENILES AS DIRECTED THROUGH ITS RULES
WHICH SHALL SPECIFY THE DATA TO BE COLLECTED, THE  MEANS  OF  COLLECTION
AND  DATA  EXCHANGE  AND  REPORTING REQUIREMENTS.   SUCH METHODS OF DATA
COLLECTION, EXCHANGE AND REPORTING SHALL INSOFAR AS IS REASONABLY POSSI-
BLE CONFORM TO UP-TO-DATE  TECHNOLOGY  AND  COORDINATE  ITS  INFORMATION
FUNCTIONS WITH THE APPROPRIATE REPOSITORY OF RECORDS.

                               ARTICLE IV
             POWERS AND DUTIES OF THE INTERSTATE COMMISSION

A. 11722                            6

  THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  A. TO PROVIDE FOR DISPUTE RESOLUTION AMONG COMPACTING STATES;
  B.  TO  PROMULGATE  RULES  TO  EFFECT  THE PURPOSES AND OBLIGATIONS AS
ENUMERATED IN THIS COMPACT, WHICH SHALL HAVE THE  FORCE  AND  EFFECT  OF
STATUTORY  LAW  AND  SHALL  BE  BINDING  IN THE COMPACTING STATES TO THE
EXTENT AND IN THE MANNER PROVIDED IN THIS COMPACT;
  C. TO OVERSEE, SUPERVISE AND COORDINATE  THE  INTERSTATE  MOVEMENT  OF
JUVENILES  SUBJECT  TO  THE TERMS OF THIS COMPACT AND ANY BYLAWS ADOPTED
AND RULES PROMULGATED BY THE INTERSTATE COMMISSION;
  D. TO ENFORCE  COMPLIANCE  WITH  THE  COMPACT  PROVISIONS,  THE  RULES
PROMULGATED  BY  THE  INTERSTATE  COMMISSION,  AND THE BYLAWS, USING ALL
NECESSARY AND PROPER MEANS, INCLUDING BUT NOT  LIMITED  TO  THE  USE  OF
JUDICIAL PROCESS;
  E. TO ESTABLISH AND MAINTAIN OFFICES WHICH SHALL BE LOCATED WITHIN ONE
OR MORE OF THE COMPACTING STATES;
  F. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
  G. TO BORROW, ACCEPT, HIRE OR CONTRACT FOR SERVICES OF PERSONNEL;
  H.  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 OF THIS
COMPACT WHICH SHALL HAVE THE POWER TO ACT ON BEHALF  OF  THE  INTERSTATE
COMMISSION IN CARRYING OUT ITS POWERS AND DUTIES HEREUNDER;
  I. 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  COMMIS-
SION'S   PERSONNEL  POLICIES  AND  PROGRAMS  RELATING  TO,  INTER  ALIA,
CONFLICTS OF INTEREST, RATES  OF  COMPENSATION,  AND  QUALIFICATIONS  OF
PERSONNEL;
  J.  TO  ACCEPT  ANY  AND ALL DONATIONS AND GRANTS OF MONEY, EQUIPMENT,
SUPPLIES, MATERIALS, AND SERVICES, AND TO RECEIVE, UTILIZE, AND  DISPOSE
OF IT;
  K. TO LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF, OR OTHER-
WISE  TO  OWN,  HOLD,  IMPROVE  OR  USE ANY PROPERTY, REAL, PERSONAL, OR
MIXED;
  L. TO SELL, CONVEY, MORTGAGE, PLEDGE,  LEASE,  EXCHANGE,  ABANDON,  OR
OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED;
  M.  TO  ESTABLISH  A  BUDGET  AND  MAKE  EXPENDITURES AND LEVY DUES AS
PROVIDED IN ARTICLE VIII OF THIS COMPACT;
  N. TO SUE AND BE SUED;
  O. TO ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT  AND  OPERATION
OF THE INTERSTATE COMMISSION;
  P.  TO  PERFORM  SUCH  FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
ACHIEVE THE PURPOSES OF THIS COMPACT;
  Q. 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;
  R.  TO  COORDINATE  EDUCATION, TRAINING AND PUBLIC AWARENESS REGARDING
THE INTERSTATE MOVEMENT OF JUVENILES  FOR  OFFICIALS  INVOLVED  IN  SUCH
ACTIVITY;
  S.  TO  ESTABLISH  UNIFORM  STANDARDS OF THE REPORTING, COLLECTING AND
EXCHANGING OF DATA; AND
  T. THE INTERSTATE COMMISSION SHALL MAINTAIN ITS  CORPORATE  BOOKS  AND
RECORDS IN ACCORDANCE WITH THE BYLAWS.

A. 11722                            7

                                ARTICLE V
         ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
  A. BYLAWS.
  1. THE INTERSTATE COMMISSION SHALL, BY A MAJORITY OF THE MEMBERS PRES-
ENT  AND VOTING, WITHIN TWELVE MONTHS AFTER THE FIRST INTERSTATE COMMIS-
SION 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 FOR THE ESTABLISHMENT OF COMMITTEES 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 A MECHANISM FOR CONCLUDING THE OPERATIONS OF  THE  INTER-
STATE COMMISSION AND THE 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;
  G.  PROVIDING  "START-UP"  RULES  FOR  INITIAL  ADMINISTRATION  OF THE
COMPACT; AND
  H. ESTABLISHING STANDARDS AND PROCEDURES FOR COMPLIANCE AND  TECHNICAL
ASSISTANCE IN CARRYING OUT THE COMPACT.
  B. OFFICERS AND STAFF.
  1.  THE  INTERSTATE  COMMISSION  SHALL,  BY A MAJORITY OF THE MEMBERS,
ELECT ANNUALLY FROM AMONG ITS MEMBERS A CHAIRPERSON AND A VICE-CHAIRPER-
SON, EACH OF WHOM SHALL HAVE SUCH AUTHORITY AND DUTIES AS MAY BE  SPECI-
FIED  IN THE BYLAWS. THE CHAIRPERSON OR, IN THE CHAIRPERSON'S 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 ORDINARY AND NECESSARY COSTS AND EXPENSES INCURRED
BY THEM IN THE PERFORMANCE OF THEIR DUTIES AND RESPONSIBILITIES AS OFFI-
CERS OF THE INTERSTATE COMMISSION.
  2. 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, BUT SHALL NOT BE A MEMBER AND SHALL HIRE  AND
SUPERVISE  SUCH  OTHER  STAFF  AS  MAY  BE  AUTHORIZED BY THE INTERSTATE
COMMISSION.
  C. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION.
  1. THE INTERSTATE COMMISSION'S EXECUTIVE DIRECTOR AND EMPLOYEES  SHALL
BE  IMMUNE  FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFI-
CIAL CAPACITY, FOR ANY CLAIM FOR  DAMAGE  TO  OR  LOSS  OF  PROPERTY  OR
PERSONAL  INJURY  OR  OTHER  CIVIL LIABILITY CAUSED OR ARISING OUT OF OR
RELATING TO ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED,
OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN
THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES,  OR  RESPONSIBIL-
ITIES;  PROVIDED,  THAT ANY SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT

A. 11722                            8

OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY  CAUSED  BY  THE
INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF ANY SUCH PERSON.
  2.  THE  LIABILITY  OF ANY COMMISSIONER, OR THE EMPLOYEE OR AGENT OF A
COMMISSIONER, ACTING WITHIN THE SCOPE OF  SUCH  PERSON'S  EMPLOYMENT  OR
DUTIES  FOR  ACTS,  ERRORS,  OR OMISSIONS OCCURRING WITHIN SUCH PERSON'S
STATE MAY NOT EXCEED THE LIMITS OF LIABILITY SET FORTH UNDER THE CONSTI-
TUTION AND LAWS OF  THAT  STATE  FOR  STATE  OFFICIALS,  EMPLOYEES,  AND
AGENTS.    NOTHING IN THIS SUBDIVISION SHALL 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.
  3. THE INTERSTATE COMMISSION SHALL DEFEND THE  EXECUTIVE  DIRECTOR  OR
THE  EMPLOYEES  OR  REPRESENTATIVES  OF  THE  INTERSTATE COMMISSION AND,
SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OF THE STATE REPRESENTED
BY ANY COMMISSIONER OF A COMPACTING STATE, SHALL DEFEND SUCH COMMISSION-
ER OR THE COMMISSIONER'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 DEFEND-
ANT 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 OR WILLFUL AND WANTON MISCONDUCT ON THE PART OF SUCH PERSON.
  4. THE INTERSTATE COMMISSION SHALL INDEMNIFY AND HOLD THE COMMISSIONER
OF  A COMPACTING STATE, OR THE COMMISSIONER'S REPRESENTATIVES OR EMPLOY-
EES, OR THE INTERSTATE COMMISSION'S REPRESENTATIVES OR EMPLOYEES,  HARM-
LESS  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 EMPLOY-
MENT, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL  OR  ALLEGED
ACT,  ERROR,  OR OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND
WANTON MISCONDUCT ON THE PART OF SUCH PERSONS.

                               ARTICLE VI
            RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
  A. THE INTERSTATE COMMISSION SHALL PROMULGATE  AND  PUBLISH  RULES  IN
ORDER  TO  EFFECTIVELY  AND  EFFICIENTLY  ACHIEVE  THE  PURPOSES  OF THE
COMPACT.
  B. RULEMAKING SHALL OCCUR PURSUANT TO THE CRITERIA SET FORTH  IN  THIS
ARTICLE AND THE BYLAWS AND RULES ADOPTED PURSUANT THERETO. SUCH RULEMAK-
ING  SHALL  SUBSTANTIALLY  CONFORM TO THE PRINCIPLES OF THE "MODEL STATE
ADMINISTRATIVE PROCEDURES ACT," 1981 ACT, UNIFORM LAWS  ANNOTATED,  VOL.
15,  P.1  (2000),  OR  SUCH OTHER ADMINISTRATIVE PROCEDURES ACTS, AS THE
INTERSTATE COMMISSION DEEMS APPROPRIATE,  CONSISTENT  WITH  DUE  PROCESS
REQUIREMENTS  UNDER  THE  UNITED STATES CONSTITUTION AS NOW OR HEREAFTER
INTERPRETED BY THE UNITED STATES SUPREME COURT. ALL RULES AND AMENDMENTS
SHALL BECOME BINDING AS OF THE DATE SPECIFIED,  AS  PUBLISHED  WITH  THE
FINAL VERSION OF THE RULES AS APPROVED BY THE INTERSTATE COMMISSION.
  C.  WHEN  PROMULGATING  A  RULE, THE INTERSTATE COMMISSION SHALL, AT A
MINIMUM:
  1. PUBLISH THE PROPOSED RULE'S  ENTIRE  TEXT  STATING  THE  REASON  OR
REASONS FOR THAT PROPOSED RULE;

A. 11722                            9

  2. ALLOW AND INVITE ANY AND ALL PERSONS TO SUBMIT WRITTEN DATA, FACTS,
OPINIONS  AND ARGUMENTS, WHICH INFORMATION SHALL BE ADDED TO THE RECORD,
AND BE MADE PUBLICLY AVAILABLE;
  3. PROVIDE AN OPPORTUNITY FOR AN INFORMAL HEARING IF PETITIONED BY TEN
OR MORE PERSONS;
  4.  PROMULGATE  A  FINAL  RULE AND ITS EFFECTIVE DATE, IF APPROPRIATE,
BASED ON INPUT FROM STATE OR LOCAL OFFICIALS, OR INTERESTED PARTIES; AND
  5. ALLOW, NOT LATER THAN SIXTY DAYS AFTER A RULE IS  PROMULGATED,  ANY
INTERESTED PERSON TO 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 IN THE RULEMAKING RECORD, THE
COURT SHALL HOLD THE RULE UNLAWFUL AND SET IT  ASIDE.  FOR  PURPOSES  OF
THIS  SUBDIVISION,  EVIDENCE  IS  SUBSTANTIAL  IF IT WOULD BE CONSIDERED
SUBSTANTIAL EVIDENCE UNDER THE  MODEL  STATE  ADMINISTRATIVE  PROCEDURES
ACT.
  D.  IF A MAJORITY OF THE LEGISLATURES OF THE COMPACTING STATES REJECTS
A RULE, THOSE STATES MAY, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE
SAME MANNER USED TO ADOPT THE  COMPACT,  CAUSE  SUCH  RULE  TO  HAVE  NO
FURTHER FORCE AND EFFECT IN ANY COMPACTING STATE.
  E.  THE  EXISTING  RULES  GOVERNING  THE  OPERATION  OF THE INTERSTATE
COMPACT ON JUVENILES SUPERSEDED BY THIS  ACT  SHALL  BE  NULL  AND  VOID
TWELVE  MONTHS  AFTER  THE  FIRST  MEETING  OF THE INTERSTATE COMMISSION
CREATED HEREUNDER.
  F. UPON DETERMINATION BY THE INTERSTATE COMMISSION  THAT  A  STATE  OF
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, BUT NO LATER THAN NINETY DAYS AFTER
THE EFFECTIVE DATE OF THE EMERGENCY RULE.

                               ARTICLE VII
     OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE
                               COMMISSION
  A. OVERSIGHT.
  1.  THE  INTERSTATE  COMMISSION  SHALL  OVERSEE THE ADMINISTRATION AND
OPERATIONS OF THE INTERSTATE  MOVEMENT  OF  JUVENILES  SUBJECT  TO  THIS
COMPACT IN THE COMPACTING STATES AND SHALL MONITOR SUCH ACTIVITIES BEING
ADMINISTERED  IN  NON-COMPACTING  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 APPROPRI-
ATE TO EFFECTUATE THE COMPACT'S PURPOSES AND INTENT. THE  PROVISIONS  OF
THIS  COMPACT  AND  THE RULES PROMULGATED HEREUNDER SHALL BE RECEIVED BY
ALL THE JUDGES, PUBLIC OFFICERS, COMMISSIONS,  AND  DEPARTMENTS  OF  THE
STATE  GOVERNMENT  AS EVIDENCE OF THE AUTHORIZED STATUTE AND ADMINISTRA-
TIVE RULES. ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE
RULES. 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,
IT  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.
  B. DISPUTE RESOLUTION.

A. 11722                           10

  1.  THE COMPACTING STATES SHALL REPORT TO THE INTERSTATE COMMISSION ON
ALL ISSUES AND  ACTIVITIES  NECESSARY  FOR  THE  ADMINISTRATION  OF  THE
COMPACT  AS  WELL AS ISSUES AND ACTIVITIES PERTAINING TO COMPLIANCE WITH
THE PROVISIONS OF THE COMPACT AND ITS BYLAWS AND RULES.
  2.  THE  INTERSTATE  COMMISSION  SHALL  ATTEMPT, UPON THE REQUEST OF A
COMPACTING STATE, TO RESOLVE ANY DISPUTES  OR  OTHER  ISSUES  WHICH  ARE
SUBJECT  TO  THE COMPACT AND WHICH MAY ARISE AMONG COMPACTING STATES AND
BETWEEN COMPACTING AND NON-COMPACTING  STATES.    THE  COMMISSION  SHALL
PROMULGATE  A  RULE  PROVIDING  FOR  BOTH  MEDIATION AND BINDING DISPUTE
RESOLUTION FOR DISPUTES AMONG THE COMPACTING STATES.
  3. THE INTERSTATE  COMMISSION,  IN  THE  REASONABLE  EXERCISE  OF  ITS
DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT USING
ANY OR ALL MEANS SET FORTH IN ARTICLE XI OF THIS COMPACT.

                              ARTICLE VIII
                                 FINANCE
  A.  THE  INTERSTATE COMMISSION SHALL PAY OR PROVIDE FOR THE PAYMENT OF
THE REASONABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION  AND  ONGOING
ACTIVITIES.
  B.  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  DETER-
MINED  BY THE INTERSTATE COMMISSION, TAKING INTO CONSIDERATION THE POPU-
LATION OF EACH COMPACTING STATE AND THE VOLUME OF INTERSTATE MOVEMENT OF
JUVENILES IN EACH COMPACTING STATE AND SHALL PROMULGATE A  RULE  BINDING
UPON ALL COMPACTING STATES WHICH GOVERNS SAID ASSESSMENT.
  C.  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.
  D. THE INTERSTATE COMMISSION  SHALL  KEEP  ACCURATE  ACCOUNTS  OF  ALL
RECEIPTS AND DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE INTER-
STATE 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 INTER-
STATE COMMISSION.

                               ARTICLE IX
                            THE STATE COUNCIL
  EACH MEMBER STATE SHALL CREATE A STATE COUNCIL FOR INTERSTATE JUVENILE
SUPERVISION. WHILE EACH 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, DEPUTY COMPACT ADMINIS-
TRATOR OR DESIGNEE. EACH COMPACTING STATE RETAINS THE RIGHT TO DETERMINE
THE QUALIFICATIONS OF THE COMPACT ADMINISTRATOR OR DEPUTY COMPACT ADMIN-
ISTRATOR. EACH STATE COUNCIL WILL ADVISE AND MAY EXERCISE OVERSIGHT  AND
ADVOCACY  CONCERNING THAT STATE'S PARTICIPATION IN INTERSTATE COMMISSION
ACTIVITIES AND OTHER DUTIES AS MAY BE DETERMINED BY THAT STATE,  INCLUD-
ING  BUT NOT LIMITED TO, DEVELOPMENT OF POLICY CONCERNING OPERATIONS AND
PROCEDURES OF THE COMPACT WITHIN THAT STATE.

A. 11722                           11

                                ARTICLE X
             COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
  A.  ANY STATE, THE DISTRICT OF COLUMBIA (OR ITS DESIGNEE), THE COMMON-
WEALTH OF PUERTO RICO, THE U.S. VIRGIN ISLANDS,  GUAM,  AMERICAN  SAMOA,
AND  THE  NORTHERN  MARIANAS  ISLANDS  AS  DEFINED IN ARTICLE II OF THIS
COMPACT IS ELIGIBLE TO BECOME A COMPACTING STATE.
  B. THE COMPACT SHALL BECOME EFFECTIVE  AND  BINDING  UPON  LEGISLATIVE
ENACTMENT  OF  THE  COMPACT  INTO LAW BY NO LESS THAN THIRTY-FIVE OF THE
STATES. THE INITIAL EFFECTIVE DATE SHALL BE THE LATER OF JULY FIRST, TWO
THOUSAND FOUR OR UPON ENACTMENT INTO LAW BY THE  THIRTY-FIFTH  JURISDIC-
TION.  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 NON-MEMBER STATES OR THEIR DESIGNEES SHALL BE INVITED
TO PARTICIPATE IN THE ACTIVITIES  OF  THE  INTERSTATE  COMMISSION  ON  A
NONVOTING  BASIS  PRIOR  TO  ADOPTION  OF  THE COMPACT BY ALL STATES AND
TERRITORIES OF THE UNITED STATES.
  C. THE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO THE COMPACT 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 XI
        WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
  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 BY SPECIFICALLY REPEALING THE  STAT-
UTE WHICH ENACTED THE COMPACT INTO LAW.
  2.  THE  EFFECTIVE  DATE  OF  WITHDRAWAL  IS THE EFFECTIVE DATE OF THE
REPEAL.
  3. THE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE  CHAIRPERSON  OF
THE  INTERSTATE  COMMISSION  IN  WRITING UPON THE INTRODUCTION OF LEGIS-
LATION 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 SIXTY DAYS OF ITS RECEIPT THEREOF.
  4. THE WITHDRAWING STATE IS RESPONSIBLE  FOR  ALL  ASSESSMENTS,  OBLI-
GATIONS  AND  LIABILITIES  INCURRED  THROUGH THE EFFECTIVE DATE OF WITH-
DRAWAL, INCLUDING ANY  OBLIGATIONS,  THE  PERFORMANCE  OF  WHICH  EXTEND
BEYOND THE EFFECTIVE DATE OF WITHDRAWAL.
  5.  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.
  B. TECHNICAL ASSISTANCE, FINES, SUSPENSION, TERMINATION AND DEFAULT.
  1.  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, OR THE BYLAWS OR DULY PROMULGAT-
ED RULES, THE INTERSTATE COMMISSION MAY IMPOSE ANY OR ALL OF THE FOLLOW-
ING PENALTIES:
  A.  REMEDIAL  TRAINING  AND  TECHNICAL  ASSISTANCE  AS DIRECTED BY THE
INTERSTATE COMMISSION;
  B. ALTERNATIVE DISPUTE RESOLUTION;
  C. FINES, FEES, AND COSTS IN SUCH AMOUNTS AS ARE DEEMED TO BE  REASON-
ABLE AS FIXED BY THE INTERSTATE COMMISSION; AND
  D. SUSPENSION OR TERMINATION OF MEMBERSHIP IN THE COMPACT, WHICH SHALL
BE  IMPOSED ONLY AFTER ALL OTHER REASONABLE MEANS OF SECURING COMPLIANCE

A. 11722                           12

UNDER THE BYLAWS AND  RULES  HAVE  BEEN  EXHAUSTED  AND  THE  INTERSTATE
COMMISSION  HAS  THEREFORE  DETERMINED  THAT  THE  OFFENDING STATE IS IN
DEFAULT. IMMEDIATE NOTICE OF SUSPENSION SHALL BE GIVEN BY THE INTERSTATE
COMMISSION  TO  THE  GOVERNOR,  THE  CHIEF JUSTICE OR THE CHIEF JUDICIAL
OFFICER OF THE STATE, THE MAJORITY AND MINORITY LEADERS OF THE  DEFAULT-
ING STATE'S LEGISLATURE, AND THE STATE COUNCIL.  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,  THE  BYLAWS,  OR  DULY PROMULGATED RULES AND ANY OTHER GROUNDS
DESIGNATED IN COMMISSION BYLAWS AND  RULES.  THE  INTERSTATE  COMMISSION
SHALL  IMMEDIATELY NOTIFY THE DEFAULTING STATE IN WRITING OF THE PENALTY
IMPOSED BY THE INTERSTATE COMMISSION AND OF THE DEFAULT PENDING  A  CURE
OF  THE  DEFAULT.  THE 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 COMMISSION, THE DEFAULTING STATE  SHALL  BE  TERMINATED
FROM  THE COMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF THE COMPACT-
ING STATES AND ALL RIGHTS, PRIVILEGES AND  BENEFITS  CONFERRED  BY  THIS
COMPACT SHALL BE TERMINATED FROM THE EFFECTIVE DATE OF TERMINATION.
  2.  WITHIN  SIXTY  DAYS  OF  THE  EFFECTIVE  DATE  OF TERMINATION OF A
DEFAULTING STATE, THE 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 TERMI-
NATION.
  3. THE DEFAULTING STATE IS  RESPONSIBLE  FOR  ALL  ASSESSMENTS,  OBLI-
GATIONS  AND  LIABILITIES  INCURRED THROUGH THE EFFECTIVE DATE OF TERMI-
NATION INCLUDING ANY  OBLIGATIONS,  THE  PERFORMANCE  OF  WHICH  EXTENDS
BEYOND THE EFFECTIVE DATE OF TERMINATION.
  4.  THE INTERSTATE COMMISSION SHALL NOT BEAR ANY COSTS RELATING TO THE
DEFAULTING STATE  UNLESS  OTHERWISE  MUTUALLY  AGREED  UPON  IN  WRITING
BETWEEN THE INTERSTATE COMMISSION AND THE DEFAULTING STATE.
  5.   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.
  C. JUDICIAL ENFORCEMENT.
  THE INTERSTATE COMMISSION MAY, BY MAJORITY VOTE OF THE MEMBERS, INITI-
ATE 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 PROMUL-
GATED 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  ATTORNEYS
FEES.
  D. DISSOLUTION OF COMPACT.
  1.  THE COMPACT DISSOLVES EFFECTIVE UPON THE DATE OF THE WITHDRAWAL OR
DEFAULT OF ANY COMPACTING STATE, WHICH REDUCES MEMBERSHIP IN THE COMPACT
TO ONE COMPACTING STATE.
  2. 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 CONCLUDED AND ANY  SURPLUS
FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.

                               ARTICLE XII
                      SEVERABILITY AND CONSTRUCTION

A. 11722                           13

  A.  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.
  B.  THE  PROVISIONS  OF  THIS  COMPACT SHALL BE LIBERALLY CONSTRUED TO
EFFECTUATE ITS PURPOSES.

                              ARTICLE XIII
                BINDING EFFECT OF COMPACT AND OTHER LAWS
  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.  ALL  COMPACTING  STATES'  LAWS  OTHER THAN STATE CONSTITUTIONS AND
OTHER INTERSTATE COMPACTS CONFLICTING WITH THIS COMPACT  ARE  SUPERSEDED
TO THE EXTENT OF THE CONFLICT.
  B. BINDING EFFECT OF THE COMPACT.
  1.  ALL  LAWFUL  ACTIONS  OF  THE INTERSTATE COMMISSION, INCLUDING ALL
RULES AND BYLAWS PROMULGATED BY THE INTERSTATE COMMISSION,  ARE  BINDING
UPON THE COMPACTING STATES.
  2. ALL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION AND THE COMPACTING
STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
  3. UPON THE REQUEST OF A PARTY TO A CONFLICT OVER MEANING OR INTERPRE-
TATION 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.
  4.  IN  THE  EVENT ANY PROVISION OF THIS COMPACT EXCEEDS THE CONSTITU-
TIONAL 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.
  S  3.  The  executive  law is amended by adding a new section 501-f to
read as follows:
  S 501-F. COMMISSIONER FOR THE INTERSTATE COMPACT FOR JUVENILES. PURSU-
ANT TO SUBDIVISION B OF ARTICLE III OF SECTION  FIVE  HUNDRED  ONE-E  OF
THIS  ARTICLE,  THE  COMMISSIONER  SHALL BE APPOINTED BY THE GOVERNOR IN
CONSULTATION WITH THE STATE COUNCIL ESTABLISHED PURSUANT TO  ARTICLE  IX
OF  SECTION  FIVE  HUNDRED  ONE-E AND SECTION FIVE HUNDRED ONE-G OF THIS
ARTICLE.
  S 4. The executive law is amended by adding a  new  section  501-g  to
read as follows:
  S  501-G. STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION. 1. PURSU-
ANT TO ARTICLE IX OF SECTION FIVE HUNDRED ONE-E OF THIS  ARTICLE,  THERE
IS  HEREBY  CREATED  WITHIN THE OFFICE OF CHILDREN AND FAMILY SERVICES A
STATE COUNCIL FOR INTERSTATE JUVENILE  SUPERVISION.  THE  COUNCIL  SHALL
CONSIST  OF  THE  COMPACT  ADMINISTRATOR  AND TWELVE OTHER MEMBERS TO BE
APPOINTED AS FOLLOWS:
  (A) ONE LEGISLATIVE REPRESENTATIVE TO BE  APPOINTED  BY  THE  GOVERNOR
UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY;
  (B)  ONE  LEGISLATIVE  REPRESENTATIVE  TO BE APPOINTED BY THE GOVERNOR
UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE;
  (C) A JUDICIAL REPRESENTATIVE TO BE APPOINTED  BY  THE  GOVERNOR  UPON
RECOMMENDATION OF THE CHIEF JUDGE OF THE COURT OF APPEALS;
  (D)  THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR
HIS OR HER DESIGNEE;

A. 11722                           14

  (E) THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHILDREN AND FAMILIES  OR
HIS OR HER DESIGNEE;
  (F)  THE DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNA-
TIVES OR HIS OR HER DESIGNEE;
  (G) THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES OR HIS OR HER DESIG-
NEE;
  (H) THE COMMISSIONER OF THE NEW YORK  CITY  ADMINISTRATION  FOR  CHIL-
DREN'S SERVICES OR HIS OR HER DESIGNEE;
  (I) A MEMBER OF THE NEW YORK JUVENILE JUSTICE ADVISORY GROUP AS DETER-
MINED  BY  A  MAJORITY  VOTE  OF  THE  MEMBERS OF SUCH NEW YORK JUVENILE
JUSTICE ADVISORY GROUP; AND
  (J) THREE PERSONS APPOINTED BY THE GOVERNOR AS  FOLLOWS:  AN  ATTORNEY
APPOINTED  UPON THE RECOMMENDATION OF THE NEW YORK STATE BAR ASSOCIATION
WHO HAS REPRESENTED JUVENILES IN FAMILY COURT IN THIS STATE FOR A  TOTAL
OF  AT  LEAST  FIVE YEARS, A PERSON APPOINTED UPON THE RECOMMENDATION OF
THE STATEWIDE ADVISORY COMMITTEE ON COUNSEL FOR CHILDREN OF  THE  OFFICE
OF  COURT ADMINISTRATION, AND A PERSON APPOINTED UPON THE RECOMMENDATION
OF THE NEW YORK CITY BAR ASSOCIATION.
  2. THE COUNCIL  SHALL  ADVISE  AND  EXERCISE  OVERSIGHT  AND  ADVOCACY
CONCERNING THE STATE'S PARTICIPATION IN INTERSTATE COMMISSION ACTIVITIES
AND OTHER DUTIES AS THE COUNCIL MAY DETERMINE, INCLUDING BUT NOT LIMITED
TO,  DEVELOPMENT  OF  POLICY CONCERNING THE OPERATIONS AND PROCEDURES OF
THE COMPACT WITHIN THE STATE. THE  APPOINTMENTS  PROVIDED  FOR  IN  THIS
SECTION  SHALL  BE MADE WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION. EACH APPOINTED MEMBER OF THE COUNCIL SHALL SERVE A TERM OF FIVE
YEARS. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHER THAN BY EXPIRA-
TION OF TERM SHALL BE APPOINTED FOR THE UNEXPIRED  TERM  OF  THE  MEMBER
WHOM  HE  OR  SHE IS TO SUCCEED.   VACANCIES CAUSED BY THE EXPIRATION OF
TERM SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS AND FOR
A TERM OF FIVE YEARS. THE COUNCIL MEMBERS SHALL SERVE WITHOUT SALARY BUT
SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT FOR TRAVEL AND OTHER  RELATED
EXPENSES ASSOCIATED WITH PARTICIPATION IN THE WORK OF THE COUNCIL.
  3. THE STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION SHALL PROVIDE
AN  ANNUAL  REPORT  ON  OR BEFORE THE FIRST DAY OF JANUARY, TWO THOUSAND
ELEVEN, AND THE FIRST DAY OF JANUARY EACH YEAR THEREAFTER, TO THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE,
THE MINORITY LEADER IN THE ASSEMBLY, THE MINORITY LEADER IN  THE  SENATE
AND  THE  CHIEF  JUDGE  OF THE COURT OF APPEALS ON THE OPERATIONS OF THE
COUNCIL PERTAINING TO JUVENILES SUBJECT TO THE  INTERSTATE  COMPACT  FOR
JUVENILES. SUCH REPORT SHALL INCLUDE AN EVALUATION OF THE IMPLEMENTATION
AND  OPERATION  OF  THE  INTERSTATE  COMPACT FOR JUVENILES AND THE RULES
ADOPTED BY THE INTERSTATE COMMISSION;  A  DESCRIPTION  OF  THE  POLICIES
ADOPTED  BY  THE  STATE COUNCIL UNDER THE COMPACT; THE DATA COLLECTED BY
THE INTERSTATE COMMISSION AND THE COUNCIL; THE STATUS OF AND  INTERSTATE
MOVEMENT  OF  JUVENILES  SUBJECT TO THE COMPACT, INCLUDING THE NUMBER OF
JUVENILES SUBJECT TO THE COMPACT AND  THE  SUPERVISION  STATUS  OF  SUCH
JUVENILES,  AND,  WHERE  AVAILABLE,  STATISTICAL INFORMATION ON THE AGE,
ETHNIC AND RACIAL BACKGROUND, EDUCATION, AND INSTITUTIONAL  OR  CRIMINAL
HISTORY  OF  THE  JUVENILES  SUBJECT  TO  THE  COMPACT. THE REPORT SHALL
FURTHER INCLUDE THE COUNCIL'S EVALUATION OF THE  EFFICIENCY  AND  EFFEC-
TIVENESS  OF  THE INTERSTATE COMPACT FOR JUVENILES AND SHALL MAKE RECOM-
MENDATIONS  CONCERNING  THE  OPERATIONS,  PROCEDURES  AND  THIS  STATE'S
CONTINUED INCLUSION IN THE INTERSTATE COMPACT FOR JUVENILES.
  S  5.  The  executive  law is amended by adding a new section 501-h to
read as follows:

A. 11722                           15

  S 501-H. DETENTION AND APPOINTMENT OF AN ATTORNEY  FOR  THE  CHILD  IN
PROCEEDINGS INVOLVING YOUTH GOVERNED BY THE INTERSTATE COMPACT FOR JUVE-
NILES.  1. IF A YOUTH IS DETAINED UNDER THE INTERSTATE COMPACT FOR JUVE-
NILES ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED ONE-E OF  THIS  ARTI-
CLE,  HE  OR  SHE  SHALL  BE BROUGHT BEFORE THE APPROPRIATE COURT WITHIN
SEVENTY-TWO HOURS OR THE NEXT DAY THE COURT IS IN SESSION, WHICHEVER  IS
SOONER,  AND SHALL BE ADVISED BY THE JUDGE OF HIS OR HER RIGHT TO REMAIN
SILENT, HIS OR HER RIGHT TO BE REPRESENTED BY COUNSEL OF HIS OR HER  OWN
CHOOSING,  AND OF THE RIGHT TO HAVE AN ATTORNEY ASSIGNED IN ACCORD WITH,
AS APPLICABLE, SECTION TWO HUNDRED FORTY-NINE OF THE FAMILY COURT ACT OR
ARTICLE EIGHTEEN-B OF THE COUNTY LAW.  THE  YOUTH  SHALL  BE  ALLOWED  A
REASONABLE  TIME  TO RETAIN COUNSEL, CONTACT HIS OR HER PARENTS OR OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE OR  AN  APPRO-
PRIATE  ADULT,  AND  THE  JUDGE  MAY  ADJOURN  THE  PROCEEDINGS FOR SUCH
PURPOSES.   PROVIDED, HOWEVER, THAT NOTHING IN  THIS  SECTION  SHALL  BE
DEEMED  TO REQUIRE A YOUTH TO CONTACT HIS OR HER PARENTS OR OTHER PERSON
OR PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER  CARE.  PROVIDED  FURTHER,
HOWEVER,  THAT  COUNSEL  SHALL  BE ASSIGNED IMMEDIATELY, AND CONTINUE TO
REPRESENT THE YOUTH UNTIL ANY RETAINED COUNSEL APPEARS. THE COURT  SHALL
SCHEDULE  A  COURT APPEARANCE FOR THE YOUTH NO LATER THAN TEN DAYS AFTER
THE INITIAL COURT APPEARANCE, AND EVERY TEN DAYS THEREAFTER,  WHILE  THE
YOUTH  IS  DETAINED  PURSUANT  TO  THE  INTERSTATE COMPACT FOR JUVENILES
UNLESS ANY SUCH APPEARANCE IS WAIVED BY THE ATTORNEY FOR THE CHILD.
  2. ALL YOUTH SUBJECT TO PROCEEDINGS GOVERNED BY THE INTERSTATE COMPACT
FOR JUVENILES ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED ONE-E OF THIS
ARTICLE SHALL BE APPOINTED  AN  ATTORNEY  PURSUANT  TO,  AS  APPLICABLE,
SECTION  TWO HUNDRED FORTY-NINE OF THE FAMILY COURT ACT OR ARTICLE EIGH-
TEEN-B OF THE COUNTY LAW IF  INDEPENDENT  LEGAL  REPRESENTATION  IS  NOT
AVAILABLE TO SUCH YOUTH.
  S  6.  Subdivision  (a)  of  section  249  of the family court act, as
amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  In  a proceeding under article three, seven, ten or ten-A of this
act or where a revocation  of  an  adoption  consent  is  opposed  under
section  one  hundred  fifteen-b of the domestic relations law or in any
proceeding under section  three  hundred  fifty-eight-a,  three  hundred
eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
of  the  social  services  law or when a minor is sought to be placed in
protective custody under section one hundred fifty-eight of this act  OR
IN  ANY  PROCEEDING  WHERE  A MINOR IS DETAINED UNDER OR GOVERNED BY THE
INTERSTATE COMPACT FOR JUVENILES ESTABLISHED PURSUANT  TO  SECTION  FIVE
HUNDRED  ONE-E  OF  THE EXECUTIVE LAW, the family court shall appoint an
attorney to represent a minor who is the subject of  the  proceeding  or
who  is  sought to be placed in protective custody, if independent legal
representation is not available to such  minor.  In  any  proceeding  to
extend  or  continue the placement of a juvenile delinquent or person in
need of supervision pursuant to section seven hundred fifty-six or 353.3
of this act or any proceeding to extend or continue a commitment to  the
custody  of  the  commissioner  of  mental health or the commissioner of
[mental retardation and] PEOPLE WITH developmental disabilities pursuant
to section 322.2 of this act, the court shall not permit the  respondent
to  waive  the right to be represented by counsel chosen by the respond-
ent, respondent's parent, or other person legally  responsible  for  the
respondent's  care,  or  by assigned counsel. In any other proceeding in
which the court has jurisdiction, the court may appoint an  attorney  to
represent  the  child,  when,  in the opinion of the family court judge,

A. 11722                           16

such representation will serve the purposes of this act, if  independent
legal counsel is not available to the child. The family court on its own
motion may make such appointment.
  S  7.  Section 249-a of the family court act, as amended by chapter 41
of the laws of 2010, is amended to read as follows:
  S 249-a. Waiver of counsel. A minor who is a  subject  of  a  juvenile
delinquency  or  person  in  need  of  supervision  proceeding OR IN ANY
PROCEEDING WHERE A MINOR IS DETAINED UNDER OR GOVERNED BY THE INTERSTATE
COMPACT FOR JUVENILES ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED ONE-E
OF THE EXECUTIVE LAW shall be presumed to lack the  requisite  knowledge
and  maturity  to waive the appointment of an attorney. This presumption
may be rebutted only after an attorney has been appointed and the  court
determines  after  a  hearing  at which the attorney appears and partic-
ipates and upon clear and convincing evidence that (a) the minor  under-
stands  the  nature  of the charges, the possible dispositional alterna-
tives and the possible defenses to the charges, (b) the minor  possesses
the maturity, knowledge and intelligence necessary to conduct his or her
own defense, and (c) waiver is in the best interest of the minor.
  S  8.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall expire September 1, 2013 when upon such date
the provisions of this act shall be deemed repealed; provided,  however,
that  notwithstanding  the  provisions  of  article  5  of  the  general
construction law, on September 1, 2013 the provisions of chapter 155  of
the  laws  of  1955,  as repealed by section one of this act, are hereby
revived and shall continue in full force and effect as  such  provisions
existed on June 1, 2010; provided, further, nothing herein shall disrupt
services,  supervision  or  return  of juveniles, delinquents and status
offenders agreed to under the repealed 1955 interstate compact on  juve-
niles  prior  to  such effective date, or preclude the state of New York
from entering into appropriate agreements with non-compact member states
for the proper supervision  or  return  of  juveniles,  delinquents  and
status  offenders who are on probation or parole and who have absconded,
escaped or run away from supervision and control and in  so  doing  have
endangered their own safety and the safety of others.