Ohio § 2151.56

§ 2151.56.

The “interstate compact for juveniles” is hereby ratified, enacted into law, and entered

into by the state of Ohio as a party to the compact with any other state that has

legally joined in the compact as follows: INTERSTATE COMPACT FOR JUVENILES Article I--Purpose The compacting states to this interstate compact for juveniles 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 policy of the compacting states that the activities conducted by the interstate

commission for juveniles created by this compact 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 acceptance 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. It is the purpose of this compact, through means of joint and cooperative action among

the compacting states, to do all of the following: (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 juvenile offenders

released to the community under the jurisdiction of courts, juvenile departments,

or any other criminal or juvenile justice agency that has jurisdiction over juvenile

offenders; (H) Ensure immediate notice to jurisdictions where defined offenders are authorized to

travel or to relocate across state lines; (I) Establish procedures to resolve pending charges, such as 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 justice and criminal justice administrators; (K) Monitor compliance with rules governing interstate movement of juveniles and initiate

interventions to address and correct noncompliance; (L) Coordinate training and education regarding the regulation of interstate movement

of juveniles for officials involved in such activity; (M) Coordinate the implementation and operation of this 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. Article II--Definitions As used in this compact, unless the context clearly requires a different construction: (A) “ Bylaws ” means those bylaws established by the interstate commission 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 who is responsible for the administration 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 under this compact, and policies adopted by the

state council under this compact. (C) “ Compacting state ” means any state that 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) “ Interstate commission for juveniles ” or “ interstate commission ” means the interstate commission for juveniles created by Article III of this compact. (G) “ Juvenile ” means any person defined as a juvenile in any member state or by the rules of the

interstate commission, including any of the following: (1) An “ accused delinquent ,” which means a person charged with a violation of a law or municipal ordinance that,

if committed by an adult, would be a criminal offense; (2) An “ adjudicated delinquent ,” which means a person found to have committed a violation of a law or municipal

ordinance that, if committed by an adult, would be a criminal offense; (3) An “ accused status offender ,” which means a person charged with a violation of a law or municipal ordinance that

would not be a criminal offense if committed by an adult; (4) An “ adjudicated status offender ,” which means a person found to have committed a violation of a law or municipal

ordinance that would not be a criminal offense if committed by an adult; (5) A “ nonoffender ,” which means a person in need of supervision who is not an accused or adjudicated

status offender or delinquent. (H) “ Noncompacting state ” means any state that has not enacted the enabling legislation for this compact. (I) “ Probation or parole ” means any kind of supervision or conditional release of juveniles authorized under

the laws of the compacting states. (J) “ Rule ” means a written statement by the interstate commission promulgated pursuant to Article

VI of this compact that is of general applicability, that implements, interprets,

or prescribes a policy or provision of the compact, or an organizational, procedural,

or practice requirement of the interstate commission, and that has the force and effect

of statutory law in a compacting state, and includes the amendment, repeal, or suspension

of an existing rule. (K) “ State ” means a state of the United States, the District of Columbia or its designee, the

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the

Northern Marianas Islands. 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 responsibilities, powers, and duties set forth

in this compact, and any additional powers that may be conferred upon it by subsequent

action of the respective legislatures 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 in the state in accordance with this compact.  The commissioners are the voting representatives of each state.  The commissioner for a state shall be the compact administrator or designee from

that state who shall serve on the interstate commission in such capacity under or

pursuant to the applicable law of the compacting state. (C) In addition to the commissioners, the interstate commission also shall include individuals

who are not commissioners but who are members of interested organizations.  The noncommissioner members shall 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 noncommissioner members of the interstate commission shall be ex officio, nonvoting

members.  The interstate commission may provide in its bylaws for such additional ex officio,

nonvoting members, 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 interstate commission is

entitled to one vote.  A majority of the compacting states shall constitute a quorum for the transaction

of business, unless a larger quorum is required by the bylaws of the interstate commission. (E) The interstate 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 meetings.  Public notice shall be given of all meetings, and all 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 determined by the interstate commission's

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 any rulemaking or amendment to the compact.  The executive committee shall do all of the following: (1) Oversee the day-to-day activities of the administration of the compact, managed by

an executive director and interstate commission staff; (2) Administer enforcement and compliance with the provisions of this compact and the

interstate commission's bylaws and rules; (3) Perform any other duties as directed by the interstate commission or set forth in

its 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 for interstate juvenile

supervision for the state, shall appoint another authorized representative, in the

absence of the commissioner from that state, to cast a vote on behalf of the compacting

state at a specified meeting.  The interstate commission's bylaws may provide for members' participation in meetings

by telephone or other means of telecommunication or electronic communication. (H) The interstate commission's bylaws shall establish conditions and procedures under

which the interstate commission shall make its information and official records available

to the public for inspection or copying.  The interstate commission may exempt from disclosure any information or official

records to the extent the information or official records would adversely affect personal

privacy rights or proprietary interests. (I) Public notice shall be given of all meetings of the interstate commission, and all

of its meetings shall be open to the public, except as set forth in the commission's

rules or as otherwise provided in this compact.  The interstate commission and any of its committees may close a meeting to the public

when it determines by two-thirds vote that an open meeting would be likely to do any

of the following: (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 that 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, operating, 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; (9) Specifically relate to the interstate commission's issuance of a subpoena or its

participation in a civil action or other legal proceeding. (J) For every meeting closed pursuant to division (I) of this Article of this compact,

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 that fully and clearly describe all

matters discussed in any meeting and that provide a full and accurate summary of any

actions taken, and the reasons for the actions, 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 those

minutes. (K) The interstate commission shall collect standardized data concerning 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

possible conform to up-to-date technology and coordinate the interstate commission's

information functions with the appropriate repository of records. Article IV--Powers and Duties of the Interstate Commission The interstate commission shall maintain its corporate books and records in accordance

with its bylaws. The interstate commission shall have all of the following powers and duties: (A) To provide for dispute resolution among compacting states; (B) To promulgate rules to affect the purposes and obligations as enumerated in this

compact, which rules 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 provisions of this compact, the rules promulgated

by the interstate commission, and the interstate commission's 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 that it considers 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 executive committee shall have the

power to act on behalf of the interstate commission in carrying out its powers and

duties under this compact; (I) To elect or appoint officers, attorneys, employees, agents, or consultants, to fix

their compensation, define their duties, and determine their qualifications, and to

establish the interstate commission's personnel policies and programs relating to,

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 same; (K) To lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve, or use any real property, personal property, or mixed real and personal property; (L) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose

of any real property, personal property, or mixed real and personal property; (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 any functions that may be necessary or appropriate to achieve the purposes

of this compact; (Q) To report annually to the legislatures, governors, judiciary, and state councils

for interstate juvenile supervision of the compacting states concerning the activities

of the interstate commission during the preceding year, and with the annual reports

also including 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. Article V--Organization and Operation of the Interstate Commission Section A.  Bylaws The interstate commission, by a majority of the members present and voting and within

twelve months after the first interstate commission meeting, shall adopt bylaws to

govern its conduct as may be necessary or appropriate to carry out the purposes of

this compact, including, but not limited to, bylaws that do all of the following: (1) Establish the fiscal year of the interstate commission; (2) Establish an executive committee and any other committees that may be necessary; (3) Provide for the establishment of committees governing any general or specific delegation

of any authority or function of the interstate commission; (4) Provide reasonable procedures for calling and conducting meetings of the interstate

commission and ensuring reasonable notice of each such meeting; (5) Establish the titles and responsibilities of the officers of the interstate commission; (6) Provide a mechanism for concluding the operations of the interstate commission and

the return of any surplus funds that may exist upon the termination of this compact

after the payment or reserving of all of its debts and obligations, or both; (7) Provide start-up rules for initial administration of this compact; (8) Establish standards and procedures for compliance and technical assistance in carrying

out this compact. Section B.  Officers and Staff (1) The interstate commission, by a majority of the members, shall elect annually from

among its members a chairperson and a vice chairperson, each of whom shall have such

authority and duties as may be specified in the interstate commission's 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 officers

of the interstate commission. (2) The interstate commission, through its executive committee, shall appoint or retain

an executive director for such period, upon such terms and conditions, and for such

compensation as the interstate commission considers appropriate.  The executive director shall serve as secretary to the interstate commission but

shall not be a member of the interstate commission.  The executive director shall hire and supervise such other staff as may be authorized

by the interstate commission. Section C.  Qualified Immunity, Defense, and Indemnification (1) Except as otherwise provided in this subsection, the interstate commission's executive

director and each of its employees shall be immune from suit and liability, either

personally or in the executive director's or employee's official 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 the executive director or employee had a reasonable basis for

believing occurred, within the scope of commission employment, duties, or responsibilities.  The executive director or an employee shall not be protected from suit or liability

for any damage, loss, injury, or liability caused by the executive director's or employee's

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 constitution and laws of that state for state officials, employees, and

agents.  Nothing in this subsection 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) Except as otherwise provided in this subsection, 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 commissioner 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 defendant

had a reasonable basis for believing occurred within the scope of interstate commission

employment, duties, or responsibilities.  The duty to defend described in this division does not apply if the actual or alleged

act, error, or omission in question resulted from intentional or willful and wanton

misconduct on the part of the executive director, employee, or representative of the

interstate commission or the commissioner of a compacting state or the commissioner's

representatives or employees. (4) Except as otherwise provided in this subsection, the interstate commission shall

indemnify and hold the commissioner of a compacting state, or the commissioner's representatives

or employees, or the interstate commission's representatives or employees, harmless

in the amount of any settlement or judgment obtained against such persons arising

out of any actual or alleged act, error, or omission that occurred within the scope

of interstate commission employment, duties, or responsibilities, or that such persons

had a reasonable basis for believing occurred within the scope of interstate commission

employment, duties, or responsibilities.  The duty to indemnify and hold harmless described in this division does not apply

if the actual or alleged act, error, or omission in question resulted from intentional

or willful and wanton misconduct on the part of the commissioner of a compacting state

or the commissioner's representatives or employees or the interstate commission's

representatives or employees. 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 this compact. (B) Rulemaking shall occur pursuant to the criteria set forth in this Article and the

bylaws and rules adopted pursuant thereto.  The rulemaking shall substantially conform to the principles of the “Model State

Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000),

or another administrative procedures act, as the interstate commission determines

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 rule as approved by the interstate commission. (C) When promulgating a rule, the interstate commission, at a minimum, shall do all of

the following: (1) Publish the proposed rule's entire text stating the reason or reasons for that proposed

rule; (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. (D) When the interstate commission promulgates a rule, not later than sixty days after

the rule is promulgated, any interested person may file a petition in the United States

district court for the District of Columbia or in the federal district court where

the interstate commission's principal office is located, for judicial review of the

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 division, evidence is substantial if it would be considered

substantial evidence under the “Model State Administrative Procedures Act,” 1981 Act,

Uniform Laws Annotated, Vol. 15, p. 1 (2000). (E) If a majority of the legislatures of the compacting states rejects a rule, those

states, by enactment of a statute or resolution in the same manner used to adopt the

compact, may cause that such rule shall have no further force and effect in any compacting

state. (F) The existing rules governing the operation of the interstate compact on juveniles

that is superseded by this compact shall be null and void twelve months after the

first meeting of the interstate commission created under this compact. (G) Upon determination by the interstate commission that a state of emergency exists,

it may promulgate an emergency rule.  An emergency rule so promulgated shall become effective immediately upon adoption,

provided that the usual rulemaking procedures specified in this Article shall be retroactively

applied to the emergency rule as soon as reasonably possible, but not later than ninety

days after the effective date of the emergency rule. Article VII--Oversight, Enforcement, and Dispute Resolution by the Interstate Commission A 1 Oversight and Enforcement (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 noncompacting states that

may significantly affect compacting states. (2) The courts and executive agencies in each compacting state shall enforce this compact

and shall take all actions necessary and appropriate to effectuate this compact's

purposes and intent.  The provisions of this compact and the rules promulgated under it shall be received

by all the judges, public officers, commissions, and departments of the state government

as evidence of the authorized statute and administrative 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 that may affect the powers, responsibilities, or

actions of the interstate commission, the interstate commission shall be entitled

to receive all service of process in the proceeding and shall have standing to intervene

in the proceeding for all purposes. Section B.  Dispute Resolution (1) The compacting states shall report to the interstate commission on all issues and

activities necessary for the administration of this compact and on all issues and

activities pertaining to compliance with the provisions of this compact and the interstate

commission's bylaws and rules. (2) The interstate commission, upon the request of a compacting state, shall attempt

to resolve any disputes or other issues that are subject to this compact and that

may arise among compacting states and between compacting and non-compacting states.  The interstate 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.  The annual assessment shall be in a total amount sufficient to cover the interstate

commission's annual budget as approved each year.  The aggregate annual assessment amount shall be allocated based upon a formula to

be determined by the interstate commission, taking into consideration the population

of each compacting state and the volume of interstate movement of juveniles in each

compacting state.  The interstate commission shall promulgate a rule binding upon all compacting states

that governs the assessment. (C) The interstate commission shall not incur any obligations of any kind prior to securing

the funds adequate to meet the obligations.  The interstate commission shall not 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 interstate commission shall be subject to

the audit and accounting procedures established under its bylaws.  However, all receipts and disbursements of funds handled by the interstate commission

shall be audited yearly by a certified or licensed public accountant and the report

of the audit shall be included in and become part of the annual report of the interstate

commission. Article IX--The State Council Each compacting state shall create a state council for interstate juvenile supervision.  While each compacting 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

or designee.  Each compacting state retains the right to determine the qualifications of the compact

administrator for the state.  Each state council shall 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, including but not limited to, development of policy

concerning operations and procedures of the compact within that state. Article X--Compacting States, Effective Date, and Amendment (A) Any state, as defined in Article II of this compact, is eligible to become a compacting

state. (B) This 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 1, 2004, or upon enactment

into law by the thirty-fifth jurisdiction.  Thereafter, this compact shall become effective and binding as to any other compacting

state upon enactment of this compact into law by that state.  The governors of non-compacting states or their designees shall be invited to participate

in the activities of the interstate commission on a non-voting basis prior to adoption

of this compact by all states. (C) The interstate commission may propose amendments to this 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 Section A.  Withdrawal (1) Once effective, this compact shall continue in force and remain binding upon each

and every compacting state, provided that a compacting state may withdraw from this

compact by specifically repealing the statute that enacted this compact into law. (2) The effective date of withdrawal of a compacting state is the effective date of the

state's repeal of the statute that enacted this compact into law. (3) A compacting state that withdraws from this compact shall immediately notify the

chairperson of the interstate commission in writing upon the introduction of legislation

repealing this compact in the withdrawing state.  The interstate commission shall notify the other compacting states of the withdrawing

state's intent to withdraw within sixty days of the interstate commission's receipt

of the notice from the withdrawing state. (4) A compacting state that withdraws from this compact is responsible for all assessments,

obligations, and liabilities incurred through the effective date of withdrawal, including

any obligations, the performance of which extend beyond the effective date of withdrawal. (5) If a compacting state withdraws from this compact, reinstatement of the withdrawing

state following withdrawal shall occur upon the withdrawing state reenacting this

compact or upon such later date as determined by the interstate commission. Section 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 under the interstate commission's bylaws or duly promulgated rules, the

interstate commission may impose one or more of the following 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 reasonable as fixed by

the interstate commission; (d) Suspension or termination of membership in this compact, provided that suspension

or termination of membership shall be imposed only after all other reasonable means

of securing compliance 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 of the defaulting state, its chief justice or the chief judicial officer,

the majority and minority leaders of its state legislature, and the state council

for interstate juvenile supervision.  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,

by the interstate commission's bylaws, or by its 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 interstate commission shall stipulate the conditions and the time period within

which the defaulting state must cure its default.  If the defaulting state fails to cure the default within the time period specified

by the interstate commission, the defaulting state shall be terminated from this compact

upon an affirmative vote of a majority of the compacting states and all rights, privileges,

and benefits conferred by this compact shall be terminated from the effective date

of termination. (2) Within sixty days of the effective date of termination of a defaulting compacting

state, the interstate commission shall notify the defaulting state's governor, its

chief justice or chief judicial officer, the majority and minority leaders of its

state legislature, and the state council for interstate juvenile supervision of the

termination. (3) A defaulting compacting state is responsible for all assessments, obligations, and

liabilities incurred through the effective date of termination, including any obligations

the performance of which extends beyond the effective date of termination. (4) The interstate commission shall not bear any costs relating to a defaulting compacting

state unless otherwise mutually agreed upon in writing between the interstate commission

and the defaulting state. (5) If a defaulting compacting state is terminated, reinstatement of the defaulting state

following termination requires both a reenactment of the compact by the defaulting

state and the approval of the interstate commission pursuant to its rules. Section C.  Judicial Enforcement The interstate commission, by majority vote of the members, may initiate legal action

against any compacting state to enforce compliance with the provisions of this compact,

and the interstate commission's duly promulgated rules and bylaws.  Any such action, if initiated, shall be initiated 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.  In the event judicial enforcement is necessary, the prevailing party shall be awarded

all costs of the litigation including reasonable attorney's fees. D 2 Dissolution of Compact (1) This compact dissolves effective upon the date of the withdrawal or default of the

compacting state, which reduces membership in this 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, the business and affairs of the interstate commission

shall be concluded, and any surplus funds shall be distributed in accordance with

the interstate commission's bylaws. Article XII--Severability and Construction 3 (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 Section A.  Other Laws (1) Nothing in this compact 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. Section 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 the meaning or interpretation of interstate

commission actions, and upon a majority vote of the compacting states, the interstate

commission may issue advisory opinions regarding that meaning or interpretation. (4) In the event any provision of this compact exceeds the constitutional limits imposed

on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction

sought to be conferred by that 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 of that state to which such obligations,

duties, powers, or jurisdiction are delegated by law in effect at the time this compact

becomes effective. Article XIV--Financial Reimbursement The state agency responsible for administering this compact shall have the legal authority

to recoup fines, fees and costs imposed by the interstate commission as stated in

Article XI, Section B, Subsection (1)(c) of this compact when the default in performance

is the result of a decision made by an entity outside the jurisdiction of the agency

administering this compact. 1

 So in original. 2

 So in original. 3

 So in original.