Housing of youth offenders in other states; authorize counties and municipalities to contract for under certain circumstances.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Porter

HOUSE BILL NO. 823

AN ACT TO AUTHORIZE ANY COUNTY OR MUNICIPALITY TO CONTRACT 1
WITH OTHER STATES FOR THE HOUSING AND CARE OF CHILDREN WHO HAVE 2
COMMITTED DELINQUENT ACTS WHENEVER JUVENILE DETENTION FACILITIES 3
WITHIN THIS STATE HAVE REACHED THEIR OPERATIONAL CAPACITY LIMIT; 4
TO BRING FORWARD SECTION 43-25-101, MISSISSIPPI CODE OF 1972, 5
WHICH IS THE INTERSTATE COMPACT FOR JUVENILES; AND FOR RELATED 6
PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. As used in this act, the following words shall 9
have the meaning ascribed herein unless the context requires 10
otherwise: 11
(a) "American Correctional Association Standards" means 12
standards promulgated by the American Correctional Association. 13
(b) "Child" and "youth" are synonymous, and each means a 14
person who has not reached his eighteenth birthday. A child who 15
has not reached his eighteenth birthday and is on active duty for 16
a branch of the armed services or is married is not considered a 17
"child" or "youth" for the purposes of this act. 18
(c) "County" means the boards of supervisors of any 19
county in the State of Mississippi. 20
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(d) "Delinquent act" is any act, which if committed by 21
an adult, is designated as a crime under state or federal law, or 22
municipal or county ordinance other than offenses punishable by 23
life imprisonment or death. A delinquent act includes escape from 24
lawful detention and violations of the Uniform Controlled 25
Substances Law and violent behavior. 26
(e) "Delinquent child" means a child who has reached 27
his tenth birthday and who has committed a delinquent act. 28
(f) "Facility" means a jail or other incarceration 29
facility that is used for the housing and care of juvenile 30
offenders. 31
(g) "Municipality" means the governing authority of a 32
municipality. 33
(h) "Operating capacity" means the total number of 34
juvenile delinquents who can be safely and reasonably housed in 35
facilities in the State of Mississippi. 36
SECTION 2. If juvenile detention centers are beyond 37
operating capacity in any county and municipality within this 38
state, then a county or municipality is authorized to contract 39
with any other state or political subdivision thereof to provide 40
for the housing, care and control in a facility of children who 41
have committed delinquent acts. Such housing, care and control 42
shall only occur if a child from this state has been adjudicated 43
as a child who has committed a delinquent act and who does not 44
have history of escape. The authority to contract, as authorized 45
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in this section, may extend for time periods that are acceptable 46
to the parties notwithstanding any provision or rule of law to the 47
contrary, and to exercise all powers necessary or desirable in 48
connection with the operation of a facility, including, but not 49
limited to, the power to incarcerate children who have committed 50
delinquent acts as defined in this act. Such children who are 51
housed in a facility of another state shall remain subject to the 52
jurisdiction of the youth court in the State of Mississippi that 53
adjudicated the youth as a delinquent. 54
SECTION 3. (1) A facility in another state shall be 55
designed, constructed, operated and maintained in accordance with 56
American Correctional Association Standards and shall meet the 57
requirements of Mississippi Juvenile Detention Facilities Act 58
before such facility may be considered as a facility to house 59
juvenile offenders. 60
(2) A facility in another state shall comply with all 61
constitutional standards of the United States and with all court 62
orders applicable to youthful offenders housed in the facility. 63
SECTION 4. Section 43-25-101, Mississippi Code of 1972, is 64
brought forward as follows: 65
43-25-101. The Governor, on behalf of this state, may 66
execute a compact in substantially the following form, and the 67
Legislature signifies in advance its approval and ratification of 68
the compact: 69
THE INTERSTATE COMPACT FOR JUVENILES 70
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ARTICLE I 71
PURPOSE 72
The compacting states to this Interstate Compact recognize 73
that each state is responsible for the proper supervision or 74
return of juveniles, delinquents and status offenders who are on 75
probation or parole and who have absconded, escaped or run away 76
from supervision and control and in so doing have endangered their 77
own safety and the safety of others. The compacting states also 78
recognize that each state is responsible for the safe return of 79
juveniles who have run away from home and in doing so have left 80
their state of residence. The compacting states also recognize 81
that Congress, by enacting the Crime Control Act, 4 USCS Section 82
112 (1965), has authorized and encouraged compacts for cooperative 83
efforts and mutual assistance in the prevention of crime. 84
It is the purpose of this compact, through means of joint and 85
cooperative action among the compacting states to: 86
(a) Ensure that the adjudicated juveniles and status 87
offenders subject to this compact are provided adequate 88
supervision and services in the receiving state as ordered by the 89
adjudicating judge or parole authority in the sending state; 90
(b) Ensure that the public safety interests of the 91
citizens, including the victims of juvenile offenders, in both the 92
sending and receiving states are adequately protected. 93
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(c) Return juveniles who have run away, absconded or 94
escaped from supervision or control or have been accused of an 95
offense to the state requesting their return; 96
(d) Make contracts for the cooperative 97
institutionalization in public facilities in member states for 98
delinquent youth needing special services; 99
(e) Provide for the effective tracking and supervision 100
of juveniles; 101
(f) Equitably allocate the costs, benefits and 102
obligations of the compacting states; 103
(g) Establish procedures to manage the movement between 104
states of juvenile offenders released to the community under the 105
jurisdiction of courts, juvenile departments, or any other 106
criminal or juvenile justice agency that has jurisdiction over 107
juvenile offenders; 108
(h) Ensure immediate notice to jurisdictions where 109
defined offenders are authorized to travel or to relocate across 110
state lines; 111
(i) Establish procedures to resolve pending charges 112
(detainers) against juvenile offenders before transfer or release 113
to the community under the terms of this compact. 114
(j) Establish a system of uniform data collection on 115
information pertaining to juveniles subject to this compact that 116
allows access by authorized juvenile justice and criminal justice 117
officials, and regular reporting of compact activities to heads of 118
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state, executive, judicial, and legislative branches and juvenile 119
and criminal justice administrators; 120
(k) Monitor compliance with rules governing interstate 121
movement of juveniles and initiate interventions to address and 122
correct noncompliance; 123
(l) Coordinate training and education regarding the 124
regulation of interstate movement of juveniles for officials 125
involved in that activity; and 126
(m) Coordinate the implementation and operation of the 127
compact with the Interstate Compact for the Placement of Children, 128
the Interstate Compact for Adult Offender Supervision and other 129
compacts affecting juveniles particularly in those cases where 130
concurrent or overlapping supervision issues arise. 131
It is the policy of the compacting states that the activities 132
conducted by the Interstate Commission created by this compact are 133
the formation of public policies and therefore are public 134
business. Furthermore, the compacting states shall cooperate and 135
observe their individual and collective duties and 136
responsibilities for the prompt return and acceptance of juveniles 137
subject to the provisions of this compact. The provisions of this 138
compact shall be reasonably and liberally construed to accomplish 139
the purposes and policies of the compact. 140
ARTICLE II 141
DEFINITIONS 142
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As used in this Compact, unless the context clearly requires 143
a different construction: 144
(a) "Bylaws" means those bylaws established by the 145
Interstate Commission for its governance, or for directing or 146
controlling its actions or conduct. 147
(b) "Compact administrator" means the individual in 148
each compacting state appointed under the terms of this compact, 149
responsible for the administration and management of the state's 150
supervision and transfer of juveniles subject to the terms of this 151
compact, the rules adopted by the Interstate Commission and 152
policies adopted by the State Council under this compact. 153
(c) "Compacting state" means any state that has enacted 154
the enabling legislation for this compact. 155
(d) "Commissioner" means the voting representative of 156
each compacting state appointed pursuant to Article III of this 157
compact. 158
(e) "Court" means any court having jurisdiction over 159
delinquent, neglected or dependent children. 160
(f) "Deputy compact administrator" means the 161
individual, if any, in each compacting state appointed to act on 162
behalf of a compact administrator under the terms of this compact 163
responsible for the administration and management of the state's 164
supervision and transfer of juveniles subject to the terms of this 165
compact, the rules adopted by the Interstate Commission and 166
policies adopted by the State Council under this compact. 167
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(g) "Interstate Commission" means the Interstate 168
Commission for Juveniles created by Article III of this compact. 169
(h) "Juvenile" means any person defined as a juvenile 170
in any member state or by the rules of the Interstate Commission, 171
including: 172
(i) Accused delinquent, which is a person charged 173
with an offense that, if committed by an adult, would be a 174
criminal offense; 175
(ii) Adjudicated delinquent, which is a person 176
found to have committed an offense that, if committed by an adult, 177
would be a criminal offense; 178
(iii) Accused status offender, which is a person 179
charged with an offense that would not be a criminal offense if 180
committed by an adult; 181
(iv) Adjudicated status offender, which is a 182
person found to have committed an offense that would not be a 183
criminal offense if committed by an adult; and 184
(v) Nonoffender, which is a person in need of 185
supervision who has not been accused or adjudicated a status 186
offender or delinquent. 187
(i) "Noncompacting state" means any state that has not 188
enacted the enabling legislation for this compact. 189
(j) "Probation or parole" means any kind of supervision 190
or conditional release of juveniles authorized under the laws of 191
the compacting states. 192
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(k) "Rules" means a written statement by the Interstate 193
Commission promulgated under Article VI of this compact that is of 194
general applicability, implements, interprets or prescribes a 195
policy or provision of the compact, or an organizational, 196
procedural, or practice requirement of the commission, and has the 197
force and effect of statutory law in a compacting state, and 198
includes the amendment, repeal or suspension of an existing rule. 199
(l) "State" means a state of the United States, the 200
District of Columbia (or its designee), the Commonwealth of Puerto 201
Rico, the United States Virgin Islands, Guam, American Samoa and 202
the Northern Marianas Islands. 203
ARTICLE III 204
INTERSTATE COMMISSION FOR JUVENILES 205
(1) The compacting states create the "Interstate Commission 206
for Juveniles." The commission shall be a body corporate and 207
joint agency of the compacting states. The commission shall have 208
all the responsibilities, powers and duties set forth in this 209
compact, and such additional powers as may be conferred upon it by 210
subsequent action of the respective legislatures of the compacting 211
states in accordance with the terms of this compact. 212
(2) The Interstate Commission shall consist of commissioners 213
appointed by the appropriate appointing authority in each state 214
pursuant to the rules and requirements of each compacting state 215
and in consultation with the State Council for Interstate Juvenile 216
Supervision created under this compact. The commissioner shall be 217
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the compact administrator, deputy compact administrator or 218
designee from that state who shall serve on the Interstate 219
Commission in such capacity under the applicable law of the 220
compacting state. 221
(3) In addition to the commissioners who are the voting 222
representatives of each state, the Interstate Commission shall 223
include individuals who are not commissioners, but who are members 224
of interested organizations. Those noncommissioner members must 225
include a member of the national organizations of governors, 226
legislators, state chief justices, attorneys general, Interstate 227
Compact for Adult Offender for Adult Offender Supervision, 228
Interstate Compact for the Placement of Children, juvenile justice 229
and juvenile corrections officials and crime victims. All 230
noncommissioner members of the Interstate Commission shall be ex 231
officio nonvoting members. The Interstate Commission may provide 232
in its bylaws for additional ex officio nonvoting members, 233
including members of other national organizations, in such numbers 234
as determined by the commission. 235
(4) Each compacting state represented at any meeting of the 236
commission is entitled to one (1) vote. A majority of the 237
compacting states shall constitute a quorum for the transaction of 238
business, unless a larger quorum is required by the bylaws of the 239
Interstate Commission. 240
(5) The commission shall meet at least once each calendar 241
year. The chairperson may call additional meetings and, upon the 242
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request of a simple majority of the compacting states, shall call 243
additional meetings. Public notice shall be given of all meetings 244
and meetings shall be open to the public. 245
(6) The Interstate Commission shall establish an executive 246
committee, which shall include commission officers, members and 247
others as determined by the bylaws. The executive committee shall 248
have the power to act on behalf of the Interstate Commission 249
during periods when the Interstate Commission is not in session, 250
with the exception of rule making and/or amendment to the compact. 251
The executive committee shall oversee the day-to-day activities of 252
the administration of the compact managed by an executive director 253
and Interstate Commission staff; administers enforcement and 254
compliance with the provisions of the compact, its bylaws and 255
rules and performs such other duties as directed by the Interstate 256
Commission or set forth in the bylaws. 257
(7) Each member of the Interstate Commission shall have the 258
right and power to cast a vote to which that compacting state is 259
entitled and to participate in the business and affairs of the 260
Interstate Commission. A member shall vote in person and shall 261
not delegate a vote to another compacting state. However, a 262
commissioner, in consultation with the State Council, shall 263
appoint another authorized representative, in the absence of the 264
commissioner from that state, to cast a vote on behalf of the 265
compacting state at a specified meeting. The bylaws may provide 266
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for members' participation in meetings by telephone or other means 267
of telecommunication or electronic communication. 268
(8) The Interstate Commission's bylaws shall establish 269
conditions and procedures under which the Interstate Commission 270
shall make its information and official records available to the 271
public for inspection or copying. The Interstate Commission may 272
exempt from disclosure any information or official records to the 273
extent they would adversely affect personal privacy rights or 274
proprietary interests. 275
(9) Public notice shall be given of all meetings and all 276
meetings shall be open to the public, except as set forth in the 277
rules or as otherwise provided in the compact. The Interstate 278
Commission and any of its committees may close a meeting to the 279
public where it determines by two-thirds (2/3) vote that an open 280
meeting would be likely to: 281
(a) Relate solely to the Interstate Commission's 282
internal personnel practice and procedures; 283
(b) Disclose matters specifically exempted from 284
disclosure by statute; 285
(c) Disclose trade secrets or commercial or financial 286
information that is privileged or confidential; 287
(d) Involve accusing any person of a crime, or formally 288
censuring any person; 289
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(e) Disclose information of a personal nature where 290
disclosure would constitute a clearly unwarranted invasion of 291
personal privacy; 292
(f) Disclose investigative records compiled for law 293
enforcement purposes; 294
(g) Disclose information contained in or related to 295
examination, operating or condition reports prepared by, or on 296
behalf of or for the use of, the Interstate Commission with 297
respect to a regulated person or entity for the purpose of 298
regulation or supervision of the person or entity; 299
(h) Disclose information, the premature disclosure of 300
which would significantly endanger the stability of a regulated 301
person or entity; or 302
(i) Specifically relate to the Interstate Commission's 303
issuance of a subpoena, or its participation in a civil action or 304
other legal proceeding. 305
(10) For every meeting closed under this provision, the 306
Interstate Commission's legal counsel shall publicly certify that, 307
in the legal counsel's opinion, the meeting may be closed to the 308
public, and shall reference each relevant exemptive provision. 309
The Interstate Commission shall keep minutes that shall fully and 310
clearly describe all matters discussed in any meeting and shall 311
provide a full and accurate summary of any actions taken, and the 312
reasons therefor, including a description of each of the views 313
expressed on any item and the record of any roll call vote 314
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(reflected in the vote of each member on the question). All 315
documents considered in connection with any action shall be 316
identified in the minutes. 317
(11) The Interstate Commission shall collect standardized 318
data concerning the interstate movement of juveniles as directed 319
through its rules, which shall specify the data to be collected, 320
the means of collection, data exchange and reporting requirements. 321
Those methods of data collection, exchange and reporting shall, 322
insofar as is reasonably possible, conform to up-to-date 323
technology and coordinate its information functions with the 324
appropriate repository of records. 325
ARTICLE IV 326
POWERS AND DUTIES OF THE INTERSTATE COMMISSION 327
The commission shall have the following powers and duties: 328
(a) To provide for dispute resolution among compacting 329
states. 330
(b) To promulgate rules to effect the purposes and 331
obligations as enumerated in this compact, which shall have the 332
force and effect of statutory law and shall be binding in the 333
compacting states to the extent and in the manner provided in this 334
compact. 335
(c) To oversee, supervise and coordinate the interstate 336
movement of juveniles subject to the terms of this compact and any 337
bylaws adopted and rules promulgated by the Interstate Commission. 338
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(d) To enforce compliance with the compact provisions, 339
the rules promulgated by the Interstate Commission, and the 340
bylaws, using all necessary and proper means, including, but not 341
limited to, the use of judicial process. 342
(e) To establish and maintain offices, which shall be 343
located within one or more of the compacting states. 344
(f) To purchase and maintain insurance and bonds. 345
(g) To borrow, accept, hire or contract for services of 346
personnel. 347
(h) To establish and appoint committees and hire staff 348
that it deems necessary for the carrying out of its functions 349
including, but not limited to, an executive committee as required 350
by Article III, which shall have the power to act on behalf of the 351
Interstate Commission in carrying out its powers and duties under 352
this compact. 353
(i) To elect or appoint officers, attorneys, employees, 354
agents or consultants, and to fix their compensation, define their 355
duties and determine their qualifications; and to establish 356
the Interstate Commission's personnel policies and programs 357
relating to, inter alia, conflicts of interest, rates of 358
compensation and qualifications of personnel. 359
(j) To accept any and all donations and grants of 360
money, equipment, supplies, materials and services, and to 361
receive, utilize and dispose of it. 362
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(k) To lease, purchase, accept contributions or 363
donations of or otherwise to own, hold, improve or use any 364
property, real, personal or mixed. 365
(l) To sell, convey, mortgage, pledge, lease, exchange, 366
abandon or otherwise dispose of any property, real, personal or 367
mixed. 368
(m) To establish a budget and make expenditures and 369
levy dues as provided in Article VIII of this compact. 370
(n) To sue and be sued. 371
(o) To adopt a seal and bylaws governing the management 372
and operation of the Interstate Commission. 373
(p) To perform such functions as may be necessary or 374
appropriate to achieve the purposes of this compact. 375
(q) To report annually to the legislatures, governors, 376
judiciary, and State Councils of the compacting states concerning 377
the activities of the Interstate Commission during the preceding 378
year. Those reports also shall include any recommendations that 379
may have been adopted by the Interstate Commission. 380
(r) To coordinate education, training and public 381
awareness regarding the interstate movement of juveniles for 382
officials involved in that activity. 383
(s) To establish uniform standards of the reporting, 384
collecting and exchanging of data. 385
(t) To maintain its corporate books and records in 386
accordance with the bylaws. 387
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ARTICLE V 388
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 389
(1) Bylaws. The Interstate Commission shall, by a majority 390
of the members present and voting, within twelve (12) months after 391
the first Interstate Commission meeting, adopt bylaws to govern 392
its conduct as may be necessary or appropriate to carry out the 393
purposes of the compact, including, but not limited to: 394
(a) Establishing the fiscal year of the Interstate 395
Commission; 396
(b) Establishing an executive committee and such other 397
committees as may be necessary; 398
(c) Providing for the establishment of committees 399
governing any general or specific delegation of any authority or 400
function of the Interstate Commission; 401
(d) Providing reasonable procedures for calling and 402
conducting meetings of the Interstate Commission, and ensuring 403
reasonable notice of each such meeting; 404
(e) Establishing the titles and responsibilities of the 405
officers of the Interstate Commission; 406
(f) Providing a mechanism for concluding the operations 407
of the Interstate Commission and the return of any surplus funds 408
that may exist upon the termination of the compact after the 409
payment and/or reserving of all of its debts and obligations; 410
(g) Providing "start-up" rules for initial 411
administration of the compact; and 412
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(h) Establishing standards and procedures for 413
compliance and technical assistance in carrying out the compact. 414
(2) Officers and Staff. (a) The Interstate Commission 415
shall, by a majority of the members, elect annually from among its 416
members a chairperson and a vice chairperson each of whom shall 417
have such authority and duties as may be specified in the bylaws. 418
The chairperson or, in the chairperson's absence or disability, 419
the vice chairperson shall preside at all meetings of the 420
Interstate Commission. The officers so elected shall serve 421
without compensation or remuneration from the Interstate 422
Commission; however, subject to the availability of budgeted 423
funds, the officers shall be reimbursed for any ordinary and 424
necessary costs and expenses incurred by them in the performance 425
of their duties and responsibilities as officers of the Interstate 426
Commission. 427
(b) The Interstate Commission shall, through its 428
executive committee, appoint or retain an executive director for 429
such period, upon such terms and conditions and for such 430
compensation as the Interstate Commission may deem appropriate. 431
The executive director shall serve as secretary to the Interstate 432
Commission, but shall not be a member and shall hire and supervise 433
such other staff as may be authorized by the Interstate 434
Commission. 435
(3) Qualified Immunity, Defense and Indemnification. (a) 436
The commission's executive director and employees shall be immune 437
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from suit and liability, either personally or in their official 438
capacity, for any claim for damage to or loss of property, 439
personal injury or other civil liability caused or arising out of 440
or relating to any actual or alleged act, error, or omission that 441
occurred, or that the person had a reasonable basis for believing 442
occurred within the scope of commission employment, duties or 443
responsibilities; however, any such person shall not be protected 444
from suit or liability for any damage, loss, injury or liability 445
caused by the intentional or willful and wanton misconduct of any 446
such person. 447
(b) The liability of any commissioner, or the employee 448
of an agent of a commissioner, acting within the scope of the 449
person's employment or duties for acts, errors or omissions 450
occurring within the person's state, may not exceed the limits of 451
liability set forth under the Constitution and laws of that state 452
for state officials, employees and agents. Nothing in this 453
subsection shall be construed to protect any such person from suit 454
or liability for any damage, loss, injury or liability caused by 455
the intentional or willful and wanton misconduct of any such 456
person. 457
(c) The Interstate Commission shall defend the 458
executive director or the employees or representatives of the 459
Interstate Commission and, subject to the approval of the attorney 460
general of the state represented by any commissioner of a 461
compacting state, shall defend the commissioner or the 462
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commissioner's representatives or employees in any civil action 463
seeking to impose liability arising out of any actual or alleged 464
act, error or omission that occurred within the scope of 465
interstate commission employment, duties or responsibilities, or 466
that the defendant has a reasonable basis for believing occurred 467
within the scope of interstate commission employment, duties or 468
responsibilities, provided that the actual or alleged act, error 469
or omission did not result from intentional or willful and wanton 470
misconduct on the part of the person. 471
(d) The Interstate Commission shall indemnify and hold 472
the commissioner of a compacting state, or the commissioner's 473
representatives or employees or the Interstate Commission's 474
representatives or employees, harmless in the amount of any 475
settlement or judgment obtained against those persons arising out 476
of any actual or alleged act, error or omission that occurred 477
within the scope of interstate commission employment, duties or 478
responsibilities, or that those persons had a reasonable basis for 479
believing occurred within the scope of interstate commission 480
employment, duties or responsibilities, provided that the actual 481
or alleged act, error or omission did not result from intentional 482
or willful and wanton misconduct on the part of such persons. 483
ARTICLE VI 484
RULE-MAKING FUNCTIONS OF THE INTERSTATE COMMISSION 485
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(1) The Interstate Commission shall promulgate and publish 486
rules in order to effectively and efficiently achieve the purposes 487
of the compact. 488
(2) Rule making shall occur using the criteria set forth in 489
this article and the bylaws and rules adopted under this article. 490
That rule making shall substantially conform to the principles of 491
the "Model State Administrative Procedures Act," 1981 Act, Uniform 492
Laws Annotated, Volume 15, page 1 (2000), or such other 493
administrative procedures act, as the Interstate Commission deems 494
appropriate consistent with due process requirements under the 495
United States Constitution as now or hereafter interpreted by the 496
United States Supreme Court. All rules and amendments shall 497
become binding as of the date specified, as published with the 498
final version of the rule as approved by the commission. 499
(3) When promulgating a rule, the Interstate Commission 500
shall, at a minimum: 501
(a) Publish the proposed rule's entire text stating the 502
reason(s) for that proposed rule; 503
(b) Allow and invite any and all persons to submit 504
written data, facts, opinions, and arguments, which information 505
shall be added to the record, and be made publicly available; 506
(c) Provide an opportunity for an informal hearing if 507
petitioned by ten (10) or more persons; and 508
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(d) Promulgate a final rule and its effective date, if 509
appropriate, based on input from state or local officials, or 510
interested parties. 511
(4) Allow not later than sixty (60) days after a rule is 512
promulgated, any interested person to file a petition in the 513
United States District Court for the District of Columbia or in 514
the Federal District Court where the Interstate Commission's 515
principal office is located for judicial review of the rule. If 516
the court finds that the Interstate Commission's action is not 517
supported by substantial evidence in the rule-making record, the 518
court shall hold the rule unlawful and set it aside. For purposes 519
of this subsection, evidence is substantial if it would be 520
considered substantial evidence under the Model State 521
Administrative Procedures Act. 522
(5) If a majority of the legislatures of the compacting 523
states rejects a rule, those states may, by enactment of a statute 524
or resolution in the same manner used to adopt the compact, cause 525
that the rule shall have no further force and effect in any 526
compacting state. 527
(6) The existing rules governing the operation of the 528
Interstate Compact on Juveniles superceded by this compact shall 529
be null and void twelve (12) months after the first meeting of the 530
Interstate Commission created under this compact. 531
(7) Upon determination by the Interstate Commission that a 532
state of emergency exists, it may promulgate an emergency rule 533
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that shall become effective immediately upon adoption, provided 534
that the usual rule-making procedures provided under this article 535
retroactively applied to the rule as soon as reasonably possible, 536
but no later than ninety (90) days after the effective date of the 537
emergency rule. 538
ARTICLE VII 539
OVERSIGHT, ENFORCEMENT AND DISPUTES RESOLUTION 540
BY THE INTERSTATE COMMISSION 541
(1) Oversight. (a) The Interstate Commission shall oversee 542
the administration and operations of the interstate movement of 543
juveniles subject to this compact in the compacting states and 544
shall monitor those activities being administered in noncompacting 545
states that may significantly affect compacting states. 546
(b) The courts and executive agencies in each 547
compacting state shall enforce this compact and shall take all 548
actions necessary and appropriate to effectuate the compact's 549
purposes and intent. The provisions of this compact and the rules 550
promulgated under this compact shall be received by all the 551
judges, public officers, commissions and departments of the state 552
government as evidence of the authorized statute and 553
administrative rules. All courts shall take judicial notice of 554
the compact and the rules. In any judicial or administrative 555
proceeding in a compacting state pertaining to the subject matter 556
of this compact that may affect the powers, responsibilities or 557
actions of the Interstate Commission, it shall be entitled to 558
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receive all service of process in any such proceeding, and shall 559
have standing to intervene in the proceeding for all purposes. 560
(2) Dispute Resolution. (a) The compacting states shall 561
report to the Interstate Commission on all issues and activities 562
necessary for the administration of the compact, as well as issues 563
and activities pertaining to compliance with the provisions of the 564
compact and its bylaws and rules. 565
(b) The Interstate Commission shall attempt, upon the 566
request of a compacting state, to resolve any disputes or other 567
issues that are subject to the compact and that may arise among 568
compacting states and between compacting and noncompacting states. 569
The commission shall promulgate a rule providing for both 570
mediation and binding dispute resolution for disputes among the 571
compacting states. 572
(c) The Interstate Commission, in the reasonable 573
exercise of its discretion, shall enforce the provisions and rules 574
of this compact using any or all means set forth in Article XI of 575
this compact. 576
ARTICLE VIII 577
FINANCE 578
(1) The Interstate Commission shall pay or provide for the 579
payment of the reasonable expenses of its establishment, 580
organization and ongoing activities. 581
(2) The Interstate Commission shall levy on and collect an 582
annual assessment from each compacting state to cover the cost of 583
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the internal operations and activities of the Interstate 584
Commission and its staff, which must be in a total amount 585
sufficient to cover the Interstate Commission's annual budget as 586
approved each year. The aggregate annual assessment amount shall 587
be allocated based upon a formula to be determined by the 588
Interstate Commission, taking into consideration the population of 589
each compacting state and the volume of interstate movement of 590
juveniles in each compacting state, and shall promulgate a rule 591
binding upon all compacting states which governs the assessment. 592
(3) The Interstate Commission shall not incur any 593
obligations of any kind before securing the funds adequate to meet 594
the same; nor shall the Interstate Commission pledge the credit of 595
any of the compacting states, except by and with the authority of 596
the compacting state. 597
(4) The Interstate Commission shall keep accurate accounts 598
of all receipts and disbursements. The receipts and disbursements 599
of the Interstate Commission shall be subject to the audit and 600
accounting procedures established under its bylaws. However, all 601
receipts and disbursements of funds handled by the Interstate 602
Commission shall be audited yearly by a certified or licensed 603
public accountant and the report of the audit shall be included in 604
and become part of the annual report of the Interstate Commission. 605
ARTICLE IX 606
THE STATE COUNCIL 607
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Each member state shall create a State Council for Interstate 608
Juvenile Supervision. While each state may determine the 609
membership of its own State Council, its membership must include 610
at least one (1) representative from the legislative, judicial, 611
and executive branches of government, victims groups, and the 612
compact administrator or designee. Each compacting state retains 613
the right to determine the qualifications of the compact 614
administrator or deputy compact administrator. Each State Council 615
will advise and may exercise oversight and advocacy concerning the 616
state's participation in Interstate Commission activities and 617
other duties as may be determined by that state, including, but 618
not limited to, development of policy concerning operations and 619
procedures of the compact within that state. 620
ARTICLE X 621
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT 622
(1) Any state, the District of Columbia (or its designee), 623
the Commonwealth of Puerto Rico, the United States Virgin Islands, 624
Guam, American Samoa and the Northern Marianas Islands as defined 625
in Article II of this compact is eligible to become a compacting 626
state. 627
(2) The compact shall become effective and binding upon 628
legislative enactment of the compact into law by no less than 629
thirty-five (35) of the states. The initial effective date shall 630
be the later of July 1, 2004, or upon enactment into law by the 631
thirty-fifth jurisdiction. Thereafter, it shall become effective 632
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and binding as to any other compacting state upon enactment of the 633
compact into law by that state. The governors of nonmember states 634
or their designees shall be invited to participate in the 635
activities of the Interstate Commission on a nonvoting basis 636
before adoption of the compact by all states and territories of 637
the United States. 638
(3) The Interstate Commission may propose amendments to the 639
compact for enactment by the compacting states. No amendment 640
shall become effective and binding upon the Interstate Commission 641
and the compacting states unless and until it is enacted into law 642
by unanimous consent of the compacting states. 643
ARTICLE XI 644
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT 645
(1) Withdrawal. (a) Once effective, the compact shall 646
continue in force and remain binding upon each and every 647
compacting state; however, a compacting state may withdraw from 648
the compact by specifically repealing the statute that enacted the 649
compact into law. 650
(b) The effective date of withdrawal is the effective 651
date of the repeal. 652
(c) The withdrawing state shall immediately notify the 653
Chairperson of the Interstate Commission in writing upon the 654
introduction of legislation repealing this compact in the 655
withdrawing state. The Interstate Commission shall notify the 656
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other compacting states of the withdrawing state's intent to 657
withdraw within sixty (60) days of its receipt thereof. 658
(d) The withdrawing state is responsible for all 659
assessments, obligations and liabilities incurred through the 660
effective date of withdrawal, including any obligations, the 661
performance of which extend beyond the effective date of 662
withdrawal. 663
(e) Reinstatement following withdrawal of any 664
compacting state shall occur upon the withdrawing state reenacting 665
the compact or upon such later date as determined by the 666
Interstate Commission. 667
(2) Technical Assistance, Fines, Suspension, Termination and 668
Default. (a) If the Interstate Commission determines that any 669
compacting state has at any time defaulted in the performance of 670
any of its obligations or responsibilities under this compact, or 671
the bylaws or duly promulgated rules, the Interstate Commission 672
may impose any or all of the following penalties: 673
(i) Remedial training and technical assistance as 674
directed by the Interstate Commission; 675
(ii) Alternative dispute resolution; 676
(iii) Fines, fees and costs in such amounts as are 677
deemed to be reasonable as fixed by the Interstate Commission; and 678
(iv) Suspension or termination of membership in 679
the compact, which shall be imposed only after all other 680
reasonable means of securing compliance under the bylaws and rules 681
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have been exhausted and the Interstate Commission has therefore 682
determined that the offending state is in default. Immediate 683
notice of suspension shall be given by the Interstate Commission 684
to the governor, the chief justice or the chief judicial officer 685
of the state, the majority and minority leaders of the defaulting 686
state's legislature and the State Council. The grounds for 687
default include, but are not limited to, failure of a compacting 688
state to perform the obligations or responsibilities imposed upon 689
it by this compact, the bylaws or duly promulgated rules and any 690
other grounds designated in commission bylaws and rules. The 691
Interstate Commission shall immediately notify the defaulting 692
state in writing of the penalty imposed by the Interstate 693
Commission and of the default pending a cure of the default. The 694
commission shall stipulate the conditions and the time period 695
within which the defaulting state must cure its default. If the 696
defaulting state fails to cure the default within the time period 697
specified by the commission, the defaulting state shall be 698
terminated from the compact upon an affirmative vote of a majority 699
of the compacting states and all rights, privileges and benefits 700
conferred by this compact shall be terminated from the effective 701
date of termination. 702
(b) Within sixty (60) days of the effective date of 703
termination of a defaulting state, the commission shall notify the 704
governor, the chief justice or the chief judicial officer, the 705
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majority and minority leaders of the defaulting state's 706
legislature, and the State Council of that termination. 707
(c) The defaulting state is responsible for all 708
assessments, obligations and liabilities incurred through the 709
effective date of termination including any obligations, the 710
performance of which extends beyond the effective date of 711
termination. 712
(d) The Interstate Commission shall not bear any costs 713
relating to the defaulting state unless otherwise mutually agreed 714
upon in writing between the Interstate Commission and the 715
defaulting state. 716
(e) Reinstatement following termination of any 717
compacting state requires both a reenactment of the compact by the 718
defaulting state and the approval of the Interstate Commission 719
pursuant to the rules. 720
(3) Judicial Enforcement. The Interstate Commission may, by 721
majority vote of the members, initiate legal action in the United 722
States District Court for the District of Columbia or, at the 723
discretion of the Interstate Commission, in the federal district 724
court where the Interstate Commission has its offices, to enforce 725
compliance with the provisions of the compact, its duly 726
promulgated rules and bylaws, against any compacting state in 727
default. If judicial enforcement is necessary, the prevailing 728
party shall be awarded all costs of the litigation, including 729
reasonable attorney's fees. 730
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(4) Dissolution of Compact. (a) The compact dissolves 731
effective upon the date of the withdrawal or default of the 732
compacting state, which reduces membership in the compact to one 733
(1) compacting state. 734
(b) Upon the dissolution of the compact, the compact 735
becomes null and void and shall be of no further force or effect, 736
and the business and affairs of the Interstate Commission shall be 737
concluded and any surplus funds shall be distributed in accordance 738
with the bylaws. 739
ARTICLE XII 740
SEVERABILITY AND CONSTRUCTION 741
(1) The provisions of this compact shall be severable, and 742
if any phrase, clause, sentence or provision is deemed 743
unenforceable, the remaining provisions of the compact shall be 744
enforceable. 745
(2) The provisions of this compact shall be liberally 746
construed to effectuate its purposes. 747
ARTICLE XIII 748
BINDING EFFECT OF COMPACT AND OTHER LAWS 749
(1) Other Laws. (a) Nothing in this compact prevents the 750
enforcement of any other law of a compacting state that is not 751
inconsistent with this compact. 752
(b) All compacting states' laws other than state 753
constitutions and other interstate compacts conflicting with this 754
compact are superseded to the extent of the conflict. 755
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ST: Housing of youth offenders in other states;
authorize counties and municipalities to
contract for under certain circumstances.
(2) Binding Effect of the Compact. (a) All lawful actions 756
of the Interstate Commission, including all rules and bylaws 757
promulgated by the Interstate Commission, are binding upon the 758
compacting states. 759
(b) All agreements between the Interstate Commission 760
and the compacting states are binding in accordance with their 761
terms. 762
(c) Upon the request of a party to a conflict over 763
meaning or interpretation of Interstate Commission actions, and 764
upon a majority vote of the compacting states, the Interstate 765
Commission may issue advisory opinions regarding that meaning or 766
interpretation. 767
(d) If any provision of this compact exceeds the 768
constitutional limits imposed on the legislature of any compacting 769
state, the obligations, duties, powers or jurisdiction sought to 770
be conferred by that provision upon the Interstate Commission 771
shall be ineffective and those obligations, duties, powers or 772
jurisdiction shall remain in the compacting state and shall be 773
exercised by the agency thereof to which those obligations, 774
duties, powers or jurisdiction are delegated by law in effect at 775
the time this compact becomes effective. 776
SECTION 5. This act shall take effect and be in force from 777
and after July 1, 2026. 778