Sen. John J. Cullerton
Filed: 3/28/2006
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1 | AMENDMENT TO HOUSE BILL 4398
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2 | AMENDMENT NO. ______. Amend House Bill 4398 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Interstate Compact for Juveniles Act of 2006. | ||||||
6 | Section 5. Purposes. | ||||||
7 | (a) The interstate compact on juveniles was established in | ||||||
8 | 1955 and is the compact addressing the needs of juveniles | ||||||
9 | within the juvenile justice system who move between states and | ||||||
10 | has not been sufficiently updated in its more than 50-year | ||||||
11 | existence. | ||||||
12 | (b) This compact is the only vehicle for the interstate | ||||||
13 | supervision of juvenile offenders, the return of absconders and | ||||||
14 | escapees, and runaways. | ||||||
15 | (c) The complexities of the compact have become more | ||||||
16 | difficult to administer, and many jurisdictions have expanded | ||||||
17 | supervision expectations to include currently unregulated | ||||||
18 | practices such as victim input, victim notification | ||||||
19 | requirements, and sex offender registration, and age-related | ||||||
20 | issues. | ||||||
21 | (d) After the successful adoption 4 years ago of a new | ||||||
22 | interstate compact for adult offenders, the need for an updated | ||||||
23 | compact for juveniles became apparent. | ||||||
24 | (e) After exhaustive research and a detailed study, the |
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1 | Office of Juvenile Justice and Delinquency Prevention and the | ||||||
2 | Council of State Governments has recommended that the following | ||||||
3 | compact be adopted by each state and territory in the United | ||||||
4 | States, to better address public safety, enforcement, | ||||||
5 | accountability, and communications among the states. | ||||||
6 | (f) The National District Attorneys Association, the | ||||||
7 | National Center for Mission and Exploited Children, the | ||||||
8 | National Juvenile Detention Association all join with the | ||||||
9 | Office of Juvenile Justice and Delinquency Prevention and the | ||||||
10 | Council of State Governments to recommend the adoption of this | ||||||
11 | interstate compact.
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12 | Section 10. Interstate Compact for Juveniles. The Governor | ||||||
13 | is hereby authorized to enter into a compact on behalf of this | ||||||
14 | State with any of the United States legally joining therein in | ||||||
15 | the form substantially as follows: | ||||||
16 | THE INTERSTATE COMPACT FOR JUVENILES | ||||||
17 | ARTICLE I | ||||||
18 | PURPOSE | ||||||
19 | The compacting states to this Interstate Compact recognize | ||||||
20 | that each state is responsible for the proper supervision or | ||||||
21 | return of juveniles, delinquents and status offenders who are | ||||||
22 | on probation or parole and who have absconded, escaped or run | ||||||
23 | away from supervision and control and in so doing have | ||||||
24 | endangered their own safety and the safety of others. The | ||||||
25 | compacting states also recognize that each state is responsible | ||||||
26 | for the safe return of juveniles who have run away from home | ||||||
27 | and in doing so have left their state of residence. The | ||||||
28 | compacting states also recognize that Congress, by enacting the | ||||||
29 | Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized | ||||||
30 | and encouraged compacts for cooperative efforts and mutual | ||||||
31 | assistance in the prevention of crime. | ||||||
32 | It is the purpose of this compact, through means of joint | ||||||
33 | and cooperative action among the compacting states to: (A) |
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1 | ensure that the adjudicated juveniles and status offenders | ||||||
2 | subject to this compact are provided adequate supervision and | ||||||
3 | services in the receiving state as ordered by the adjudicating | ||||||
4 | judge or parole authority in the sending state; (B) ensure that | ||||||
5 | the public safety interests of the citizens, including the | ||||||
6 | victims of juvenile offenders, in both the sending and | ||||||
7 | receiving states are adequately protected; (C) return | ||||||
8 | juveniles who have run away, absconded or escaped from | ||||||
9 | supervision or control or have been accused of an offense to | ||||||
10 | the state requesting their return; (D) make contracts for the | ||||||
11 | cooperative institutionalization in public facilities in | ||||||
12 | member states for delinquent youth needing special services; | ||||||
13 | (E) provide for the effective tracking and supervision of | ||||||
14 | juveniles; (F) equitably allocate the costs, benefits and | ||||||
15 | obligations of the compacting states; (G) establish procedures | ||||||
16 | to manage the movement between states of juvenile offenders | ||||||
17 | released to the community under the jurisdiction of courts, | ||||||
18 | juvenile departments, or any other criminal or juvenile justice | ||||||
19 | agency which has jurisdiction over juvenile offenders; (H) | ||||||
20 | insure immediate notice to jurisdictions where defined | ||||||
21 | offenders are authorized to travel or to relocate across state | ||||||
22 | lines; (I) establish procedures to resolve pending charges | ||||||
23 | (detainers) against juvenile offenders prior to transfer or | ||||||
24 | release to the community under the terms of this compact; (J) | ||||||
25 | establish a system of uniform data collection on information | ||||||
26 | pertaining to juveniles subject to this compact that allows | ||||||
27 | access by authorized juvenile justice and criminal justice | ||||||
28 | officials, and regular reporting of Compact activities to heads | ||||||
29 | of state executive, judicial, and legislative branches and | ||||||
30 | juvenile and criminal justice administrators; (K) monitor | ||||||
31 | compliance with rules governing interstate movement of | ||||||
32 | juveniles and initiate interventions to address and correct | ||||||
33 | non-compliance; (L) coordinate training and education | ||||||
34 | regarding the regulation of interstate movement of juveniles |
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1 | for officials involved in such activity; and (M) coordinate the | ||||||
2 | implementation and operation of the compact with the Interstate | ||||||
3 | Compact for the Placement of Children, the Interstate Compact | ||||||
4 | for Adult Offender Supervision and other compacts affecting | ||||||
5 | juveniles particularly in those cases where concurrent or | ||||||
6 | overlapping supervision issues arise. It is the policy of the | ||||||
7 | compacting states that the activities conducted by the | ||||||
8 | Interstate Commission created herein are the formation of | ||||||
9 | public policies and therefore are public business. | ||||||
10 | Furthermore, the compacting states shall cooperate and observe | ||||||
11 | their individual and collective duties and responsibilities | ||||||
12 | for the prompt return and acceptance of juveniles subject to | ||||||
13 | the provisions of this compact. The provisions of this compact | ||||||
14 | shall be reasonably and liberally construed to accomplish the | ||||||
15 | purposes and policies of the compact. | ||||||
16 | ARTICLE II | ||||||
17 | DEFINITIONS | ||||||
18 | As used in this compact, unless the context clearly | ||||||
19 | requires a different construction: | ||||||
20 | A. "By-laws" means: those by-laws established by the | ||||||
21 | Interstate Commission for its governance, or for directing or | ||||||
22 | controlling its actions or conduct. | ||||||
23 | B. "Compact Administrator" means: the individual in each | ||||||
24 | compacting state appointed pursuant to the terms of this | ||||||
25 | compact, responsible for the administration and management of | ||||||
26 | the state's supervision and transfer of juveniles subject to | ||||||
27 | the terms of this compact, the rules adopted by the Interstate | ||||||
28 | Commission and policies adopted by the State Council under this | ||||||
29 | compact. | ||||||
30 | C. "Compacting State" means: any state which has enacted | ||||||
31 | the enabling legislation for this compact. | ||||||
32 | D. "Commissioner" means: the voting representative of each | ||||||
33 | compacting state appointed pursuant to Article III of this | ||||||
34 | compact. |
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1 | E. "Court" means: any court having jurisdiction over | ||||||
2 | delinquent, neglected, or dependent children. | ||||||
3 | F. "Deputy Compact Administrator" means: the individual, | ||||||
4 | if any, in each compacting state appointed to act on behalf of | ||||||
5 | a Compact Administrator pursuant to the terms of this compact | ||||||
6 | responsible for the administration and management of the | ||||||
7 | state's supervision and transfer of juveniles subject to the | ||||||
8 | terms of this compact, the rules adopted by the Interstate | ||||||
9 | Commission and policies adopted by the State Council under this | ||||||
10 | compact. | ||||||
11 | G. "Interstate Commission" means: the Interstate | ||||||
12 | Commission for Juveniles created by Article III of this | ||||||
13 | compact. | ||||||
14 | H. "Juvenile" means: any person defined as a juvenile in | ||||||
15 | any member state or by the rules of the Interstate Commission, | ||||||
16 | including: | ||||||
17 | (1) Accused Delinquent - a person charged with an | ||||||
18 | offense that, if committed by an adult, would be a criminal | ||||||
19 | offense; | ||||||
20 | (2) Adjudicated Delinquent - a person found to have | ||||||
21 | committed an offense that, if committed by an adult, would | ||||||
22 | be a criminal offense; | ||||||
23 | (3) Accused Status Offender - a person charged with an | ||||||
24 | offense that would not be a criminal offense if committed | ||||||
25 | by an adult; | ||||||
26 | (4) Adjudicated Status Offender - a person found to | ||||||
27 | have committed an offense that would not be a criminal | ||||||
28 | offense if committed by an adult; and | ||||||
29 | (5) Non-Offender - a person in need of supervision who | ||||||
30 | has not been accused or adjudicated a status offender or | ||||||
31 | delinquent. | ||||||
32 | I. "Non-Compacting state" means: any state which has not | ||||||
33 | enacted the enabling legislation for this compact. | ||||||
34 | J. "Probation or Parole" means: any kind of supervision or |
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1 | conditional release of juveniles authorized under the laws of | ||||||
2 | the compacting states. | ||||||
3 | K. "Rule" means: a written statement by the Interstate | ||||||
4 | Commission promulgated pursuant to Article VI of this compact | ||||||
5 | that is of general applicability, implements, interprets or | ||||||
6 | prescribes a policy or provision of the Compact, or an | ||||||
7 | organizational, procedural, or practice requirement of the | ||||||
8 | Commission, and has the force and effect of statutory law in a | ||||||
9 | compacting state, and includes the amendment, repeal, or | ||||||
10 | suspension of an existing rule. | ||||||
11 | L. "State" means: a state of the United States, the | ||||||
12 | District of Columbia (or its designee), the Commonwealth of | ||||||
13 | Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and | ||||||
14 | the Northern Marianas Islands. | ||||||
15 | ARTICLE III | ||||||
16 | INTERSTATE COMMISSION FOR JUVENILES | ||||||
17 | A. The compacting states hereby create the "Interstate | ||||||
18 | Commission for Juveniles." The commission shall be a body | ||||||
19 | corporate and joint agency of the compacting states. The | ||||||
20 | commission shall have all the responsibilities, powers and | ||||||
21 | duties set forth herein, and such additional powers as may be | ||||||
22 | conferred upon it by subsequent action of the respective | ||||||
23 | legislatures of the compacting states in accordance with the | ||||||
24 | terms of this compact. | ||||||
25 | B. The Interstate Commission shall consist of | ||||||
26 | commissioners appointed by the appropriate appointing | ||||||
27 | authority in each state pursuant to the rules and requirements | ||||||
28 | of each compacting state and in consultation with the State | ||||||
29 | Council for Interstate Juvenile Supervision created hereunder. | ||||||
30 | The commissioner shall be the compact administrator, deputy | ||||||
31 | compact administrator or designee from that state who shall | ||||||
32 | serve on the Interstate Commission in such capacity under or | ||||||
33 | pursuant to the applicable law of the compacting state. | ||||||
34 | C. In addition to the commissioners who are the voting |
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1 | representatives of each state, the Interstate Commission shall | ||||||
2 | include individuals who are not commissioners, but who are | ||||||
3 | members of interested organizations. Such non-commissioner | ||||||
4 | members must include a member of the national organizations of | ||||||
5 | governors, legislators, state chief justices, attorneys | ||||||
6 | general, Interstate Compact for Adult Offender Supervision, | ||||||
7 | Interstate Compact for the Placement of Children, juvenile | ||||||
8 | justice and juvenile corrections officials, and crime victims. | ||||||
9 | All non-commissioner members of the Interstate Commission | ||||||
10 | shall be ex-officio (non-voting) members. The Interstate | ||||||
11 | Commission may provide in its by-laws for such additional | ||||||
12 | ex-officio (non-voting) members, including members of other | ||||||
13 | national organizations, in such numbers as shall be determined | ||||||
14 | by the commission. | ||||||
15 | D. Each compacting state represented at any meeting of the | ||||||
16 | commission is entitled to one vote. A majority of the | ||||||
17 | compacting states shall constitute a quorum for the transaction | ||||||
18 | of business, unless a larger quorum is required by the by-laws | ||||||
19 | of the Interstate Commission. | ||||||
20 | E. The commission shall meet at least once each calendar | ||||||
21 | year. The chairperson may call additional meetings and, upon | ||||||
22 | the request of a simple majority of the compacting states, | ||||||
23 | shall call additional meetings. Public notice shall be given of | ||||||
24 | all meetings and meetings shall be open to the public. | ||||||
25 | F. The Interstate Commission shall establish an executive | ||||||
26 | committee, which shall include commission officers, members, | ||||||
27 | and others as determined by the by-laws. The executive | ||||||
28 | committee shall have the power to act on behalf of the | ||||||
29 | Interstate Commission during periods when the Interstate | ||||||
30 | Commission is not in session, with the exception of rulemaking | ||||||
31 | and/or amendment to the compact. The executive committee shall | ||||||
32 | oversee the day-to-day activities of the administration of the | ||||||
33 | compact managed by an executive director and Interstate | ||||||
34 | Commission staff; administers enforcement and compliance with |
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1 | the provisions of the compact, its by-laws and rules, and | ||||||
2 | performs such other duties as directed by the Interstate | ||||||
3 | Commission or set forth in the by-laws. | ||||||
4 | G. Each member of the Interstate Commission shall have the | ||||||
5 | right and power to cast a vote to which that compacting state | ||||||
6 | is entitled and to participate in the business and affairs of | ||||||
7 | the Interstate Commission. A member shall vote in person and | ||||||
8 | shall not delegate a vote to another compacting state. However, | ||||||
9 | a commissioner, in consultation with the state council, shall | ||||||
10 | appoint another authorized representative, in the absence of | ||||||
11 | the commissioner from that state, to cast a vote on behalf of | ||||||
12 | the compacting state at a specified meeting. The by-laws may | ||||||
13 | provide for members' participation in meetings by telephone or | ||||||
14 | other means of telecommunication or electronic communication. | ||||||
15 | H. The Interstate Commission's by-laws shall establish | ||||||
16 | conditions and procedures under which the Interstate | ||||||
17 | Commission shall make its information and official records | ||||||
18 | available to the public for inspection or copying. The | ||||||
19 | Interstate Commission may exempt from disclosure any | ||||||
20 | information or official records to the extent they would | ||||||
21 | adversely affect personal privacy rights or proprietary | ||||||
22 | interests. | ||||||
23 | I. Public notice shall be given of all meetings and all | ||||||
24 | meetings shall be open to the public, except as set forth in | ||||||
25 | the Rules or as otherwise provided in the Compact. The | ||||||
26 | Interstate Commission and any of its committees may close a | ||||||
27 | meeting to the public where it determines by two-thirds vote | ||||||
28 | that an open meeting would be likely to: | ||||||
29 | 1. Relate solely to the Interstate Commission's | ||||||
30 | internal personnel practices and procedures; | ||||||
31 | 2. Disclose matters specifically exempted from | ||||||
32 | disclosure by statute; | ||||||
33 | 3. Disclose trade secrets or commercial or financial | ||||||
34 | information which is privileged or confidential; |
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1 | 4. Involve accusing any person of a crime, or formally | ||||||
2 | censuring any person; | ||||||
3 | 5. Disclose information of a personal nature where | ||||||
4 | disclosure would constitute a clearly unwarranted invasion | ||||||
5 | of personal privacy; | ||||||
6 | 6. Disclose investigative records compiled for law | ||||||
7 | enforcement purposes; | ||||||
8 | 7. Disclose information contained in or related to | ||||||
9 | examination, operating or condition reports prepared by, | ||||||
10 | or on behalf of or for the use of, the Interstate | ||||||
11 | Commission with respect to a regulated person or entity for | ||||||
12 | the purpose of regulation or supervision of such person or | ||||||
13 | entity; | ||||||
14 | 8. Disclose information, the premature disclosure of | ||||||
15 | which would significantly endanger the stability of a | ||||||
16 | regulated person or entity; or | ||||||
17 | 9. Specifically relate to the Interstate Commission's | ||||||
18 | issuance of a subpoena, or its participation in a civil | ||||||
19 | action or other legal proceeding. | ||||||
20 | J. For every meeting closed pursuant to this provision, the | ||||||
21 | Interstate Commission's legal counsel shall publicly certify | ||||||
22 | that, in the legal counsel's opinion, the meeting may be closed | ||||||
23 | to the public, and shall reference each relevant exemptive | ||||||
24 | provision. The Interstate Commission shall keep minutes which | ||||||
25 | shall fully and clearly describe all matters discussed in any | ||||||
26 | meeting and shall provide a full and accurate summary of any | ||||||
27 | actions taken, and the reasons therefore, including a | ||||||
28 | description of each of the views expressed on any item and the | ||||||
29 | record of any roll call vote (reflected in the vote of each | ||||||
30 | member on the question). All documents considered in connection | ||||||
31 | with any action shall be identified in such minutes. | ||||||
32 | K. The Interstate Commission shall collect standardized | ||||||
33 | data concerning the interstate movement of juveniles as | ||||||
34 | directed through its rules which shall specify the data to be |
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1 | collected, the means of collection and data exchange and | ||||||
2 | reporting requirements. Such methods of data collection, | ||||||
3 | exchange and reporting shall insofar as is reasonably possible | ||||||
4 | conform to up-to-date technology and coordinate its | ||||||
5 | information functions with the appropriate repository of | ||||||
6 | records. | ||||||
7 | ARTICLE IV | ||||||
8 | POWERS AND DUTIES OF THE INTERSTATE COMMISSION | ||||||
9 | The commission shall have the following powers and duties: | ||||||
10 | 1. To provide for dispute resolution among compacting | ||||||
11 | states. | ||||||
12 | 2. To promulgate rules to effect the purposes and | ||||||
13 | obligations as enumerated in this compact, which shall have the | ||||||
14 | force and effect of statutory law and shall be binding in the | ||||||
15 | compacting states to the extent and in the manner provided in | ||||||
16 | this compact. | ||||||
17 | 3. To oversee, supervise and coordinate the interstate | ||||||
18 | movement of juveniles subject to the terms of this compact and | ||||||
19 | any by-laws adopted and rules promulgated by the Interstate | ||||||
20 | Commission. | ||||||
21 | 4. To enforce compliance with the compact provisions, the | ||||||
22 | rules promulgated by the Interstate Commission, and the | ||||||
23 | by-laws, using all necessary and proper means, including but | ||||||
24 | not limited to the use of judicial process. | ||||||
25 | 5. To establish and maintain offices which shall be located | ||||||
26 | within one or more of the compacting states. | ||||||
27 | 6. To purchase and maintain insurance and bonds. | ||||||
28 | 7. To borrow, accept, hire or contract for services of | ||||||
29 | personnel. | ||||||
30 | 8. To establish and appoint committees and hire staff which | ||||||
31 | it deems necessary for the carrying out of its functions | ||||||
32 | including, but not limited to, an executive committee as | ||||||
33 | required by Article III which shall have the power to act on | ||||||
34 | behalf of the Interstate Commission in carrying out its powers |
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1 | and duties hereunder. | ||||||
2 | 9. To elect or appoint such officers, attorneys, employees, | ||||||
3 | agents, or consultants, and to fix their compensation, define | ||||||
4 | their duties and determine their qualifications; and to | ||||||
5 | establish the Interstate Commission's personnel policies and | ||||||
6 | programs relating to, inter alia, conflicts of interest, rates | ||||||
7 | of compensation, and qualifications of personnel. | ||||||
8 | 10. To accept any and all donations and grants of money, | ||||||
9 | equipment, supplies, materials, and services, and to receive, | ||||||
10 | utilize, and dispose of it. | ||||||
11 | 11. To lease, purchase, accept contributions or donations | ||||||
12 | of, or otherwise to own, hold, improve or use any property, | ||||||
13 | real, personal, or mixed. | ||||||
14 | 12. To sell, convey, mortgage, pledge, lease, exchange, | ||||||
15 | abandon, or otherwise dispose of any property, real, personal | ||||||
16 | or mixed. | ||||||
17 | 13. To establish a budget and make expenditures and levy | ||||||
18 | dues as provided in Article VIII of this compact. | ||||||
19 | 14. To sue and be sued. | ||||||
20 | 15. To adopt a seal and by-laws governing the management | ||||||
21 | and operation of the Interstate Commission. | ||||||
22 | 16. To perform such functions as may be necessary or | ||||||
23 | appropriate to achieve the purposes of this compact. | ||||||
24 | 17. To report annually to the legislatures, governors, | ||||||
25 | judiciary, and state councils of the compacting states | ||||||
26 | concerning the activities of the Interstate Commission during | ||||||
27 | the preceding year. Such reports shall also include any | ||||||
28 | recommendations that may have been adopted by the Interstate | ||||||
29 | Commission. | ||||||
30 | 18. To coordinate education, training and public awareness | ||||||
31 | regarding the interstate movement of juveniles for officials | ||||||
32 | involved in such activity. | ||||||
33 | 19. To establish uniform standards of the reporting, | ||||||
34 | collecting and exchanging of data. |
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1 | 20. The Interstate Commission shall maintain its corporate | ||||||
2 | books and records in accordance with the By-laws. | ||||||
3 | ARTICLE V | ||||||
4 | ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION | ||||||
5 | Section A. By-laws | ||||||
6 | 1. The Interstate Commission shall, by a majority of the | ||||||
7 | members present and voting, within twelve months after the | ||||||
8 | first Interstate Commission meeting, adopt by-laws to govern | ||||||
9 | its conduct as may be necessary or appropriate to carry out the | ||||||
10 | purposes of the compact, including, but not limited to: | ||||||
11 | a. Establishing the fiscal year of the Interstate | ||||||
12 | Commission; | ||||||
13 | b. Establishing an executive committee and such other | ||||||
14 | committees as may be necessary; | ||||||
15 | c. Provide for the establishment of committees | ||||||
16 | governing any general or specific delegation of any | ||||||
17 | authority or function of the Interstate Commission; | ||||||
18 | d. Providing reasonable procedures for calling and | ||||||
19 | conducting meetings of the Interstate Commission, and | ||||||
20 | ensuring reasonable notice of each such meeting; | ||||||
21 | e. Establishing the titles and responsibilities of the | ||||||
22 | officers of the Interstate Commission; | ||||||
23 | f. Providing a mechanism for concluding the operations | ||||||
24 | of the Interstate Commission and the return of any surplus | ||||||
25 | funds that may exist upon the termination of the Compact | ||||||
26 | after the payment and/or reserving of all of its debts and | ||||||
27 | obligations. | ||||||
28 | g. Providing "start-up" rules for initial | ||||||
29 | administration of the compact; and | ||||||
30 | h. Establishing standards and procedures for | ||||||
31 | compliance and technical assistance in carrying out the | ||||||
32 | compact. | ||||||
33 | Section B. Officers and Staff | ||||||
34 | 1. The Interstate Commission shall, by a majority of the |
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1 | members, elect annually from among its members a chairperson | ||||||
2 | and a vice chairperson, each of whom shall have such authority | ||||||
3 | and duties as may be specified in the by-laws. The chairperson | ||||||
4 | or, in the chairperson's absence or disability, the | ||||||
5 | vice-chairperson shall preside at all meetings of the | ||||||
6 | Interstate Commission. The officers so elected shall serve | ||||||
7 | without compensation or remuneration from the Interstate | ||||||
8 | Commission; provided that, subject to the availability of | ||||||
9 | budgeted funds, the officers shall be reimbursed for any | ||||||
10 | ordinary and necessary costs and expenses incurred by them in | ||||||
11 | the performance of their duties and responsibilities as | ||||||
12 | officers of the Interstate Commission. | ||||||
13 | 2. The Interstate Commission shall, through its executive | ||||||
14 | committee, appoint or retain an executive director for such | ||||||
15 | period, upon such terms and conditions and for such | ||||||
16 | compensation as the Interstate Commission may deem | ||||||
17 | appropriate. The executive director shall serve as secretary to | ||||||
18 | the Interstate Commission, but shall not be a Member and shall | ||||||
19 | hire and supervise such other staff as may be authorized by the | ||||||
20 | Interstate Commission. | ||||||
21 | Section C. Qualified Immunity, Defense and Indemnification | ||||||
22 | 1. The Commission's executive director and employees shall | ||||||
23 | be immune from suit and liability, either personally or in | ||||||
24 | their official capacity, for any claim for damage to or loss of | ||||||
25 | property or personal injury or other civil liability caused or | ||||||
26 | arising out of or relating to any actual or alleged act, error, | ||||||
27 | or omission that occurred, or that such person had a reasonable | ||||||
28 | basis for believing occurred within the scope of Commission | ||||||
29 | employment, duties, or responsibilities; provided, that any | ||||||
30 | such person shall not be protected from suit or liability for | ||||||
31 | any damage, loss, injury, or liability caused by the | ||||||
32 | intentional or willful and wanton misconduct of any such | ||||||
33 | person. | ||||||
34 | 2. The liability of any commissioner, or the employee or |
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1 | agent of a commissioner, acting within the scope of such | ||||||
2 | person's employment or duties for acts, errors, or omissions | ||||||
3 | occurring within such person's state may not exceed the limits | ||||||
4 | of liability set forth under the Constitution and laws of that | ||||||
5 | state for state officials, employees, and agents. Nothing in | ||||||
6 | this subsection shall be construed to protect any such person | ||||||
7 | from suit or liability for any damage, loss, injury, or | ||||||
8 | liability caused by the intentional or willful and wanton | ||||||
9 | misconduct of any such person. | ||||||
10 | 3. The Interstate Commission shall defend the executive | ||||||
11 | director or the employees or representatives of the Interstate | ||||||
12 | Commission and, subject to the approval of the Attorney General | ||||||
13 | of the state represented by any commissioner of a compacting | ||||||
14 | state, shall defend such commissioner or the commissioner's | ||||||
15 | representatives or employees in any civil action seeking to | ||||||
16 | impose liability arising out of any actual or alleged act, | ||||||
17 | error or omission that occurred within the scope of Interstate | ||||||
18 | Commission employment, duties or responsibilities, or that the | ||||||
19 | defendant had a reasonable basis for believing occurred within | ||||||
20 | the scope of Interstate Commission employment, duties, or | ||||||
21 | responsibilities, provided that the actual or alleged act, | ||||||
22 | error, or omission did not result from intentional or willful | ||||||
23 | and wanton misconduct on the part of such person. | ||||||
24 | 4. The Interstate Commission shall indemnify and hold the | ||||||
25 | commissioner of a compacting state, or the commissioner's | ||||||
26 | representatives or employees, or the Interstate Commission's | ||||||
27 | representatives or employees, harmless in the amount of any | ||||||
28 | settlement or judgment obtained against such persons arising | ||||||
29 | out of any actual or alleged act, error, or omission that | ||||||
30 | occurred within the scope of Interstate Commission employment, | ||||||
31 | duties, or responsibilities, or that such persons had a | ||||||
32 | reasonable basis for believing occurred within the scope of | ||||||
33 | Interstate Commission employment, duties, or responsibilities, | ||||||
34 | provided that the actual or alleged act, error, or omission did |
| |||||||
| |||||||
1 | not result from intentional or willful and wanton misconduct on | ||||||
2 | the part of such persons. | ||||||
3 | ARTICLE VI | ||||||
4 | RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION | ||||||
5 | A. The Interstate Commission shall promulgate and publish | ||||||
6 | rules in order to effectively and efficiently achieve the | ||||||
7 | purposes of the compact. | ||||||
8 | B. Rulemaking shall occur pursuant to the criteria set | ||||||
9 | forth in this article and the by-laws and rules adopted | ||||||
10 | pursuant thereto. Such rulemaking shall substantially conform | ||||||
11 | to the principles of the "Model State Administrative Procedures | ||||||
12 | Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or | ||||||
13 | such other administrative procedures act, as the Interstate | ||||||
14 | Commission deems appropriate consistent with due process | ||||||
15 | requirements under the U.S. Constitution as now or hereafter | ||||||
16 | interpreted by the U. S. Supreme Court. All rules and | ||||||
17 | amendments shall become binding as of the date specified, as | ||||||
18 | published with the final version of the rule as approved by the | ||||||
19 | Commission. | ||||||
20 | C. When promulgating a rule, the Interstate Commission | ||||||
21 | shall, at a minimum: | ||||||
22 | 1. publish the proposed rule's entire text stating the | ||||||
23 | reason(s) for that proposed rule; | ||||||
24 | 2. allow and invite any and all persons to submit | ||||||
25 | written data, facts, opinions and arguments, which | ||||||
26 | information shall be added to the record, and be made | ||||||
27 | publicly available; | ||||||
28 | 3. provide an opportunity for an informal hearing if | ||||||
29 | petitioned by ten (10) or more persons; and | ||||||
30 | 4. promulgate a final rule and its effective date, if | ||||||
31 | appropriate, based on input from state or local officials, | ||||||
32 | or interested parties. | ||||||
33 | D. Allow, not later than sixty days after a rule is | ||||||
34 | promulgated, any interested person to file a petition in the |
| |||||||
| |||||||
1 | United States District Court for the District of Columbia or in | ||||||
2 | the Federal District Court where the Interstate Commission's | ||||||
3 | principal office is located for judicial review of such rule. | ||||||
4 | If the court finds that the Interstate Commission's action is | ||||||
5 | not supported by substantial evidence in the rulemaking record, | ||||||
6 | the court shall hold the rule unlawful and set it aside. For | ||||||
7 | purposes of this subsection, evidence is substantial if it | ||||||
8 | would be considered substantial evidence under the Model State | ||||||
9 | Administrative Procedures Act. | ||||||
10 | E. If a majority of the legislatures of the compacting | ||||||
11 | states rejects a rule, those states may, by enactment of a | ||||||
12 | statute or resolution in the same manner used to adopt the | ||||||
13 | compact, cause that such rule shall have no further force and | ||||||
14 | effect in any compacting state. | ||||||
15 | F. The existing rules governing the operation of the | ||||||
16 | Interstate Compact on Juveniles superceded by this act shall be | ||||||
17 | null and void twelve (12) months after the first meeting of the | ||||||
18 | Interstate Commission created hereunder. | ||||||
19 | G. Upon determination by the Interstate Commission that a | ||||||
20 | state-of-emergency exists, it may promulgate an emergency rule | ||||||
21 | which shall become effective immediately upon adoption, | ||||||
22 | provided that the usual rulemaking procedures provided | ||||||
23 | hereunder shall be retroactively applied to said rule as soon | ||||||
24 | as reasonably possible, but no later than ninety (90) days | ||||||
25 | after the effective date of the emergency rule. | ||||||
26 | ARTICLE VII | ||||||
27 | OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE | ||||||
28 | INTERSTATE COMMISSION | ||||||
29 | Section A. Oversight | ||||||
30 | 1. The Interstate Commission shall oversee the | ||||||
31 | administration and operations of the interstate movement of | ||||||
32 | juveniles subject to this compact in the compacting states and | ||||||
33 | shall monitor such activities being administered in | ||||||
34 | non-compacting states which may significantly affect |
| |||||||
| |||||||
1 | compacting states. | ||||||
2 | 2. The courts and executive agencies in each compacting | ||||||
3 | state shall enforce this compact and shall take all actions | ||||||
4 | necessary and appropriate to effectuate the compact's purposes | ||||||
5 | and intent. The provisions of this compact and the rules | ||||||
6 | promulgated hereunder shall be received by all the judges, | ||||||
7 | public officers, commissions, and departments of the state | ||||||
8 | government as evidence of the authorized statute and | ||||||
9 | administrative rules. All courts shall take judicial notice of | ||||||
10 | the compact and the rules. In any judicial or administrative | ||||||
11 | proceeding in a compacting state pertaining to the subject | ||||||
12 | matter of this compact which may affect the powers, | ||||||
13 | responsibilities or actions of the Interstate Commission, it | ||||||
14 | shall be entitled to receive all service of process in any such | ||||||
15 | proceeding, and shall have standing to intervene in the | ||||||
16 | proceeding for all purposes. | ||||||
17 | Section B. Dispute Resolution | ||||||
18 | 1. The compacting states shall report to the Interstate | ||||||
19 | Commission on all issues and activities necessary for the | ||||||
20 | administration of the compact as well as issues and activities | ||||||
21 | pertaining to compliance with the provisions of the compact and | ||||||
22 | its bylaws and rules. | ||||||
23 | 2. The Interstate Commission shall attempt, upon the | ||||||
24 | request of a compacting state, to resolve any disputes or other | ||||||
25 | issues which are subject to the compact and which may arise | ||||||
26 | among compacting states and between compacting and | ||||||
27 | non-compacting states. The commission shall promulgate a rule | ||||||
28 | providing for both mediation and binding dispute resolution for | ||||||
29 | disputes among the compacting states. | ||||||
30 | 3. The Interstate Commission, in the reasonable exercise of | ||||||
31 | its discretion, shall enforce the provisions and rules of this | ||||||
32 | compact using any or all means set forth in Article XI of this | ||||||
33 | compact. | ||||||
34 | ARTICLE VIII |
| |||||||
| |||||||
1 | FINANCE | ||||||
2 | A. The Interstate Commission shall pay or provide for the | ||||||
3 | payment of the reasonable expenses of its establishment, | ||||||
4 | organization and ongoing activities. | ||||||
5 | B. The Interstate Commission shall levy on and collect an | ||||||
6 | annual assessment from each compacting state to cover the cost | ||||||
7 | of the internal operations and activities of the Interstate | ||||||
8 | Commission and its staff which must be in a total amount | ||||||
9 | sufficient to cover the Interstate Commission's annual budget | ||||||
10 | as approved each year. The aggregate annual assessment amount | ||||||
11 | shall be allocated based upon a formula to be determined by the | ||||||
12 | Interstate Commission, taking into consideration the | ||||||
13 | population of each compacting state and the volume of | ||||||
14 | interstate movement of juveniles in each compacting state and | ||||||
15 | shall promulgate a rule binding upon all compacting states | ||||||
16 | which governs said assessment. | ||||||
17 | C. The Interstate Commission shall not incur any | ||||||
18 | obligations of any kind prior to securing the funds adequate to | ||||||
19 | meet the same; nor shall the Interstate Commission pledge the | ||||||
20 | credit of any of the compacting states, except by and with the | ||||||
21 | authority of the compacting state. | ||||||
22 | D. The Interstate Commission shall keep accurate accounts | ||||||
23 | of all receipts and disbursements. The receipts and | ||||||
24 | disbursements of the Interstate Commission shall be subject to | ||||||
25 | the audit and accounting procedures established under its | ||||||
26 | by-laws. However, all receipts and disbursements of funds | ||||||
27 | handled by the Interstate Commission shall be audited yearly by | ||||||
28 | a certified or licensed public accountant and the report of the | ||||||
29 | audit shall be included in and become part of the annual report | ||||||
30 | of the Interstate Commission. | ||||||
31 | ARTICLE IX | ||||||
32 | THE STATE COUNCIL | ||||||
33 | Each member state shall create a State Council for | ||||||
34 | Interstate Juvenile Supervision. While each state may |
| |||||||
| |||||||
1 | determine the membership of its own state council, its | ||||||
2 | membership must include at least one representative from the | ||||||
3 | legislative, judicial, and executive branches of government, | ||||||
4 | victims groups, and the compact administrator, deputy compact | ||||||
5 | administrator or designee. Each compacting state retains the | ||||||
6 | right to determine the qualifications of the compact | ||||||
7 | administrator or deputy compact administrator. Each state | ||||||
8 | council will advise and may exercise oversight and advocacy | ||||||
9 | concerning that state's participation in Interstate Commission | ||||||
10 | activities and other duties as may be determined by that state, | ||||||
11 | including but not limited to, development of policy concerning | ||||||
12 | operations and procedures of the compact within that state. | ||||||
13 | ARTICLE X | ||||||
14 | COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT | ||||||
15 | A. Any state, the District of Columbia (or its designee), | ||||||
16 | the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, | ||||||
17 | American Samoa, and the Northern Marianas Islands as defined in | ||||||
18 | Article II of this compact is eligible to become a compacting | ||||||
19 | state. | ||||||
20 | B. The compact shall become effective and binding upon | ||||||
21 | legislative enactment of the compact into law by no less than | ||||||
22 | 35 of the states. The initial effective date shall be the later | ||||||
23 | of July 1, 2004 or upon enactment into law by the 35th | ||||||
24 | jurisdiction. Thereafter it shall become effective and binding | ||||||
25 | as to any other compacting state upon enactment of the compact | ||||||
26 | into law by that state. The governors of non-member states or | ||||||
27 | their designees shall be invited to participate in the | ||||||
28 | activities of the Interstate Commission on a non-voting basis | ||||||
29 | prior to adoption of the compact by all states and territories | ||||||
30 | of the United States. | ||||||
31 | C. The Interstate Commission may propose amendments to the | ||||||
32 | compact for enactment by the compacting states. No amendment | ||||||
33 | shall become effective and binding upon the Interstate | ||||||
34 | Commission and the compacting states unless and until it is |
| |||||||
| |||||||
1 | enacted into law by unanimous consent of the compacting states. | ||||||
2 | ARTICLE XI | ||||||
3 | WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT | ||||||
4 | Section A. Withdrawal | ||||||
5 | 1. Once effective, the compact shall continue in force and | ||||||
6 | remain binding upon each and every compacting state; provided | ||||||
7 | that a compacting state may withdraw from the compact by | ||||||
8 | specifically repealing the statute which enacted the compact | ||||||
9 | into law. | ||||||
10 | 2. The effective date of withdrawal is the effective date | ||||||
11 | of the repeal. | ||||||
12 | 3. The withdrawing state shall immediately notify the | ||||||
13 | chairperson of the Interstate Commission in writing upon the | ||||||
14 | introduction of legislation repealing this compact in the | ||||||
15 | withdrawing state. The Interstate Commission shall notify the | ||||||
16 | other compacting states of the withdrawing state's intent to | ||||||
17 | withdraw within sixty days of its receipt thereof. | ||||||
18 | 4. The withdrawing state is responsible for all | ||||||
19 | assessments, obligations and liabilities incurred through the | ||||||
20 | effective date of withdrawal, including any obligations, the | ||||||
21 | performance of which extend beyond the effective date of | ||||||
22 | withdrawal. | ||||||
23 | 5. Reinstatement following withdrawal of any compacting | ||||||
24 | state shall occur upon the withdrawing state reenacting the | ||||||
25 | compact or upon such later date as determined by the Interstate | ||||||
26 | Commission. | ||||||
27 | Section B. Technical Assistance, Fines, Suspension, | ||||||
28 | Termination and Default | ||||||
29 | 1. If the Interstate Commission determines that any | ||||||
30 | compacting state has at any time defaulted in the performance | ||||||
31 | of any of its obligations or responsibilities under this | ||||||
32 | compact, or the by-laws or duly promulgated rules, the | ||||||
33 | Interstate Commission may impose any or all of the following | ||||||
34 | penalties: |
| |||||||
| |||||||
1 | a. Remedial training and technical assistance as | ||||||
2 | directed by the Interstate Commission; | ||||||
3 | b. Alternative Dispute Resolution; | ||||||
4 | c. Fines, fees, and costs in such amounts as are deemed | ||||||
5 | to be reasonable as fixed by the Interstate Commission; and | ||||||
6 | d. Suspension or termination of membership in the | ||||||
7 | compact, which shall be imposed only after all other | ||||||
8 | reasonable means of securing compliance under the by-laws | ||||||
9 | and rules have been exhausted and the Interstate Commission | ||||||
10 | has therefore determined that the offending state is in | ||||||
11 | default. Immediate notice of suspension shall be given by | ||||||
12 | the Interstate Commission to the Governor, the Chief | ||||||
13 | Justice or the Chief Judicial Officer of the state, the | ||||||
14 | majority and minority leaders of the defaulting state's | ||||||
15 | legislature, and the state council. The grounds for default | ||||||
16 | include, but are not limited to, failure of a compacting | ||||||
17 | state to perform such obligations or responsibilities | ||||||
18 | imposed upon it by this compact, the by-laws, or duly | ||||||
19 | promulgated rules and any other grounds designated in | ||||||
20 | commission by-laws and rules. The Interstate Commission | ||||||
21 | shall immediately notify the defaulting state in writing of | ||||||
22 | the penalty imposed by the Interstate Commission and of the | ||||||
23 | default pending a cure of the default. The commission shall | ||||||
24 | stipulate the conditions and the time period within which | ||||||
25 | the defaulting state must cure its default. If the | ||||||
26 | defaulting state fails to cure the default within the time | ||||||
27 | period specified by the commission, the defaulting state | ||||||
28 | shall be terminated from the compact upon an affirmative | ||||||
29 | vote of a majority of the compacting states and all rights, | ||||||
30 | privileges and benefits conferred by this compact shall be | ||||||
31 | terminated from the effective date of termination. | ||||||
32 | 2. Within sixty days of the effective date of termination | ||||||
33 | of a defaulting state, the Commission shall notify the | ||||||
34 | Governor, the Chief Justice or Chief Judicial Officer, the |
| |||||||
| |||||||
1 | Majority and Minority Leaders of the defaulting state's | ||||||
2 | legislature, and the state council of such termination. | ||||||
3 | 3. The defaulting state is responsible for all assessments, | ||||||
4 | obligations and liabilities incurred through the effective | ||||||
5 | date of termination including any obligations, the performance | ||||||
6 | of which extends beyond the effective date of termination. | ||||||
7 | 4. The Interstate Commission shall not bear any costs | ||||||
8 | relating to the defaulting state unless otherwise mutually | ||||||
9 | agreed upon in writing between the Interstate Commission and | ||||||
10 | the defaulting state. | ||||||
11 | 5. Reinstatement following termination of any compacting | ||||||
12 | state requires both a reenactment of the compact by the | ||||||
13 | defaulting state and the approval of the Interstate Commission | ||||||
14 | pursuant to the rules. | ||||||
15 | Section C. Judicial Enforcement | ||||||
16 | The Interstate Commission may, by majority vote of the | ||||||
17 | members, initiate legal action in the United States District | ||||||
18 | Court for the District of Columbia or, at the discretion of the | ||||||
19 | Interstate Commission, in the federal district where the | ||||||
20 | Interstate Commission has its offices, to enforce compliance | ||||||
21 | with the provisions of the compact, its duly promulgated rules | ||||||
22 | and by-laws, against any compacting state in default. In the | ||||||
23 | event judicial enforcement is necessary the prevailing party | ||||||
24 | shall be awarded all costs of such litigation including | ||||||
25 | reasonable attorneys fees. | ||||||
26 | Section D. Dissolution of Compact | ||||||
27 | 1. The compact dissolves effective upon the date of the | ||||||
28 | withdrawal or default of the compacting state, which reduces | ||||||
29 | membership in the compact to one compacting state. | ||||||
30 | 2. Upon the dissolution of this compact, the compact | ||||||
31 | becomes null and void and shall be of no further force or | ||||||
32 | effect, and the business and affairs of the Interstate | ||||||
33 | Commission shall be concluded and any surplus funds shall be | ||||||
34 | distributed in accordance with the by-laws. |
| |||||||
| |||||||
1 | ARTICLE XII | ||||||
2 | SEVERABILITY AND CONSTRUCTION | ||||||
3 | A. The provisions of this compact shall be severable, and | ||||||
4 | if any phrase, clause, sentence or provision is deemed | ||||||
5 | unenforceable, the remaining provisions of the compact shall be | ||||||
6 | enforceable. | ||||||
7 | B. The provisions of this compact shall be liberally | ||||||
8 | construed to effectuate its purposes. | ||||||
9 | ARTICLE XIII | ||||||
10 | BINDING EFFECT OF COMPACT AND OTHER LAWS | ||||||
11 | Section A. Other Laws | ||||||
12 | 1. Nothing herein prevents the enforcement of any other law | ||||||
13 | of a compacting state that is not inconsistent with this | ||||||
14 | compact. | ||||||
15 | 2. All compacting states' laws other than state | ||||||
16 | Constitutions and other interstate compacts conflicting with | ||||||
17 | this compact are superseded to the extent of the conflict. | ||||||
18 | Section B. Binding Effect of the Compact | ||||||
19 | 1. All lawful actions of the Interstate Commission, | ||||||
20 | including all rules and by-laws promulgated by the Interstate | ||||||
21 | Commission, are binding upon the compacting states. | ||||||
22 | 2. All agreements between the Interstate Commission and the | ||||||
23 | compacting states are binding in accordance with their terms. | ||||||
24 | 3. Upon the request of a party to a conflict over meaning | ||||||
25 | or interpretation of Interstate Commission actions, and upon a | ||||||
26 | majority vote of the compacting states, the Interstate | ||||||
27 | Commission may issue advisory opinions regarding such meaning | ||||||
28 | or interpretation. | ||||||
29 | 4. In the event any provision of this compact exceeds the | ||||||
30 | constitutional limits imposed on the legislature of any | ||||||
31 | compacting state, the obligations, duties, powers or | ||||||
32 | jurisdiction sought to be conferred by such provision upon the | ||||||
33 | Interstate Commission shall be ineffective and such | ||||||
34 | obligations, duties, powers or jurisdiction shall remain in the |
| |||||||
| |||||||
1 | compacting state and shall be exercised by the agency thereof | ||||||
2 | to which such obligations, duties, powers or jurisdiction are | ||||||
3 | delegated by law in effect at the time this compact becomes | ||||||
4 | effective. | ||||||
5 | Section 75. The Illinois Administrative Procedure Act is | ||||||
6 | amended by changing Section 1-5 as follows:
| ||||||
7 | (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
| ||||||
8 | Sec. 1-5. Applicability.
| ||||||
9 | (a) This Act applies to every agency as defined in this | ||||||
10 | Act.
Beginning January 1, 1978, in case of conflict between the | ||||||
11 | provisions of
this Act and the Act creating or conferring power | ||||||
12 | on an agency, this Act
shall control. If, however, an agency | ||||||
13 | (or its predecessor in the case of
an agency that has been | ||||||
14 | consolidated or reorganized) has existing procedures
on July 1, | ||||||
15 | 1977, specifically for contested cases or licensing, those | ||||||
16 | existing
provisions control, except that this exception | ||||||
17 | respecting contested
cases and licensing does not apply if the | ||||||
18 | Act creating or conferring
power on the agency adopts by | ||||||
19 | express reference the provisions of this
Act. Where the Act | ||||||
20 | creating or conferring power on an agency
establishes | ||||||
21 | administrative procedures not covered by this Act, those
| ||||||
22 | procedures shall remain in effect.
| ||||||
23 | (b) The provisions of this Act do not apply to (i) | ||||||
24 | preliminary
hearings, investigations, or practices where no | ||||||
25 | final determinations
affecting State funding are made by the | ||||||
26 | State Board of Education, (ii) legal
opinions issued under | ||||||
27 | Section 2-3.7 of the School Code, (iii) as to State
colleges | ||||||
28 | and universities, their disciplinary and grievance | ||||||
29 | proceedings,
academic irregularity and capricious grading | ||||||
30 | proceedings, and admission
standards and procedures, and (iv) | ||||||
31 | the class specifications for positions
and individual position | ||||||
32 | descriptions prepared and maintained under the
Personnel Code. |
| |||||||
| |||||||
1 | Those class specifications shall, however, be made
reasonably | ||||||
2 | available to the public for inspection and copying. The
| ||||||
3 | provisions of this Act do not apply to hearings under Section | ||||||
4 | 20 of the
Uniform Disposition of Unclaimed Property Act.
| ||||||
5 | (c) Section 5-35 of this Act relating to procedures for | ||||||
6 | rulemaking
does not apply to the following:
| ||||||
7 | (1) Rules adopted by the Pollution Control Board that, | ||||||
8 | in accordance
with Section 7.2 of the Environmental | ||||||
9 | Protection Act, are identical in
substance to federal | ||||||
10 | regulations or amendments to those regulations
| ||||||
11 | implementing the following: Sections 3001, 3002, 3003, | ||||||
12 | 3004, 3005, and 9003
of the Solid Waste Disposal Act; | ||||||
13 | Section 105 of the Comprehensive Environmental
Response, | ||||||
14 | Compensation, and Liability Act of 1980; Sections 307(b), | ||||||
15 | 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal | ||||||
16 | Water Pollution Control
Act; and Sections 1412(b), | ||||||
17 | 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking | ||||||
18 | Water Act.
| ||||||
19 | (2) Rules adopted by the Pollution Control Board that | ||||||
20 | establish or
amend standards for the emission of | ||||||
21 | hydrocarbons and carbon monoxide from
gasoline powered | ||||||
22 | motor vehicles subject to inspection under Section 13A-105
| ||||||
23 | of the Vehicle Emissions Inspection Law and rules adopted | ||||||
24 | under Section 13B-20
of the Vehicle Emissions Inspection | ||||||
25 | Law of 1995.
| ||||||
26 | (3) Procedural rules adopted by the Pollution Control | ||||||
27 | Board governing
requests for exceptions under Section 14.2 | ||||||
28 | of the Environmental Protection Act.
| ||||||
29 | (4) The Pollution Control Board's grant, pursuant to an
| ||||||
30 | adjudicatory determination, of an adjusted standard for | ||||||
31 | persons who can
justify an adjustment consistent with | ||||||
32 | subsection (a) of Section 27 of
the Environmental | ||||||
33 | Protection Act.
| ||||||
34 | (5) Rules adopted by the Pollution Control Board that |
| |||||||
| |||||||
1 | are identical in
substance to the regulations adopted by | ||||||
2 | the Office of the State Fire
Marshal under clause (ii) of | ||||||
3 | paragraph (b) of subsection (3) of Section 2
of the | ||||||
4 | Gasoline Storage Act.
| ||||||
5 | (d) Pay rates established under Section 8a of the Personnel | ||||||
6 | Code
shall be amended or repealed pursuant to the process set | ||||||
7 | forth in Section
5-50 within 30 days after it becomes necessary | ||||||
8 | to do so due to a conflict
between the rates and the terms of a | ||||||
9 | collective bargaining agreement
covering the compensation of | ||||||
10 | an employee subject to that Code.
| ||||||
11 | (e) Section 10-45 of this Act shall not apply to any | ||||||
12 | hearing, proceeding,
or investigation conducted under Section | ||||||
13 | 13-515 of the Public Utilities Act.
| ||||||
14 | (f) Article 10 of this Act does not apply to any hearing, | ||||||
15 | proceeding, or
investigation conducted by the State Council for | ||||||
16 | the State of Illinois created
under Section 3-3-11.05 of the | ||||||
17 | Unified Code of Corrections or by the Interstate
Commission
| ||||||
18 | Commision for Adult Offender Supervision created under the
| ||||||
19 | Interstate Compact for Adult Offender Supervision or by the | ||||||
20 | Interstate Commission for Juveniles created under the | ||||||
21 | Interstate Compact for Juveniles .
| ||||||
22 | (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
| ||||||
23 | Section 80. The Unified Code of Corrections is amended by | ||||||
24 | changing Sections 3-2.5-20, 3-3-11.05, 3-3-11.1, and 3-3-11.2 | ||||||
25 | and by adding Section 3-2.5-110 as follows: | ||||||
26 | (730 ILCS 5/3-2.5-20) | ||||||
27 | (This Section may contain text from a Public Act with a | ||||||
28 | delayed effective date )
| ||||||
29 | Sec. 3-2.5-20. General powers and duties. | ||||||
30 | (a) In addition to the powers, duties, and responsibilities | ||||||
31 | which are otherwise provided by law or transferred to the | ||||||
32 | Department as a result of this Article, the Department, as |
| |||||||
| |||||||
1 | determined by the Director, shall have, but are not limited to, | ||||||
2 | the following rights, powers, functions and duties: | ||||||
3 | (1) To accept juveniles committed to it by the courts | ||||||
4 | of this State for care, custody, treatment, and | ||||||
5 | rehabilitation. | ||||||
6 | (2) To maintain and administer all State juvenile | ||||||
7 | correctional institutions previously under the control of | ||||||
8 | the Juvenile and Women's & Children Divisions of the | ||||||
9 | Department of Corrections, and to establish and maintain | ||||||
10 | institutions as needed to meet the needs of the youth | ||||||
11 | committed to its care. | ||||||
12 | (3) To identify the need for and recommend the funding | ||||||
13 | and implementation of an appropriate mix of programs and | ||||||
14 | services within the juvenile justice continuum, including | ||||||
15 | but not limited to prevention, nonresidential and | ||||||
16 | residential commitment programs, day treatment, and | ||||||
17 | conditional release programs and services, with the | ||||||
18 | support of educational, vocational, alcohol, drug abuse, | ||||||
19 | and mental health services where appropriate. | ||||||
20 | (4) To establish and provide transitional and | ||||||
21 | post-release treatment programs for juveniles committed to | ||||||
22 | the Department. Services shall include but are not limited | ||||||
23 | to: | ||||||
24 | (i) family and individual counseling and treatment | ||||||
25 | placement; | ||||||
26 | (ii) referral services to any other State or local | ||||||
27 | agencies; | ||||||
28 | (iii) mental health services; | ||||||
29 | (iv) educational services; | ||||||
30 | (v) family counseling services; and | ||||||
31 | (vi) substance abuse services. | ||||||
32 | (5) To access vital records of juveniles for the | ||||||
33 | purposes of providing necessary documentation for | ||||||
34 | transitional services such as obtaining identification, |
| |||||||
| |||||||
1 | educational enrollment, employment, and housing. | ||||||
2 | (6) To develop staffing and workload standards and | ||||||
3 | coordinate staff development and training appropriate for | ||||||
4 | juvenile populations. | ||||||
5 | (7) To develop, with the approval of the Office of the | ||||||
6 | Governor and the Governor's Office of Management and | ||||||
7 | Budget, annual budget requests.
| ||||||
8 | (8) To administer the Interstate Compact for | ||||||
9 | Juveniles, with respect to all juveniles under its | ||||||
10 | jurisdiction, and to cooperate with the Department of Human | ||||||
11 | Services with regard to all non-offender juveniles subject | ||||||
12 | to the Interstate Compact for Juveniles.
| ||||||
13 | (b) The Department may employ personnel in accordance with | ||||||
14 | the Personnel Code and Section 3-2.5-15 of this Code, provide | ||||||
15 | facilities, contract for goods and services, and adopt rules as | ||||||
16 | necessary to carry out its functions and purposes, all in | ||||||
17 | accordance with applicable State and federal law.
| ||||||
18 | (Source: P.A. 94-696, eff. 6-1-06.) | ||||||
19 | (730 ILCS 5/3-2.5-110 new) | ||||||
20 | Sec. 3-2.5-110. State Compact Administrator. A State | ||||||
21 | Compact Administrator for the Interstate Compact for Juveniles | ||||||
22 | shall be appointed by the Governor. The Juvenile State Compact | ||||||
23 | Administrator shall be a representative of the Illinois | ||||||
24 | Department of Juvenile Justice and shall act as the day-to-day | ||||||
25 | administrator for the Interstate Compact for Juveniles. The | ||||||
26 | State Compact Administrator shall serve as the State's | ||||||
27 | Commissioner to the Interstate Commission for Juveniles, as | ||||||
28 | provided in Article III of the Compact. One Deputy State | ||||||
29 | Compact Administrator from probation shall be appointed by the | ||||||
30 | Supreme Court. A second Deputy State Compact Administrator | ||||||
31 | shall be appointed by the Department of Human Services.
| ||||||
32 | (730 ILCS 5/3-3-11.05)
|
| |||||||
| |||||||
1 | Sec. 3-3-11.05. State Council for Interstate Compacts for | ||||||
2 | the State of Illinois.
| ||||||
3 | (a) Membership and appointing authority.
| ||||||
4 | (1) A State Compact Administrator for the Interstate | ||||||
5 | Compact for Adult Offender Supervision shall be appointed | ||||||
6 | by the
Governor. The Adult Offender Supervision Compact | ||||||
7 | Administrator shall be a representative of the
Illinois | ||||||
8 | Department of Corrections and shall serve as Chairperson of | ||||||
9 | the
State Council, as well as act as the day-to-day | ||||||
10 | administrator for the
Interstate Compact for Adult | ||||||
11 | Offender Supervision. The State Compact Administrator | ||||||
12 | shall serve as the State's Commissioner to the Interstate | ||||||
13 | Commission for Adult Offenders, as provided in Article IV | ||||||
14 | of the Compact. The Adult Offender Supervision Compact | ||||||
15 | Administrator shall serve as Chairperson of the State | ||||||
16 | Council for Interstate Compacts, except that the State | ||||||
17 | Compact Administrator for the Interstate Compact for | ||||||
18 | Juveniles may be designated by the State Council to serve | ||||||
19 | as Chairperson for the State Council when juvenile issues | ||||||
20 | come before the council.
The State Compact
Administrator | ||||||
21 | shall serve as the State's Commissioner to the Interstate
| ||||||
22 | Commission as provided in Article IV of the Compact.
| ||||||
23 | (2) A Deputy Compact Administrator from probation | ||||||
24 | shall be
appointed by the Supreme Court.
| ||||||
25 | (3) A representative shall be appointed by the Speaker | ||||||
26 | of the
House of Representatives.
| ||||||
27 | (4) A representative shall be appointed by the Minority | ||||||
28 | Leader of
the House of Representatives.
| ||||||
29 | (5) A representative shall be appointed by the | ||||||
30 | President of the
Senate.
| ||||||
31 | (6) A representative shall be appointed by the Minority | ||||||
32 | Leader of
the Senate.
| ||||||
33 | (7) A judicial representative shall be appointed by the | ||||||
34 | Supreme
Court.
|
| |||||||
| |||||||
1 | (8) A representative from a crime victims' advocacy | ||||||
2 | group shall be
appointed by the Governor.
| ||||||
3 | (9) A parole representative shall be appointed by the | ||||||
4 | Director of
Corrections.
| ||||||
5 | (10) A probation representative shall be appointed by | ||||||
6 | the Director
of the Administrative Office of the Illinois | ||||||
7 | Courts.
| ||||||
8 | (11) A representative shall be appointed by the | ||||||
9 | Director of Juvenile Justice. | ||||||
10 | (12) The Deputy Compact Administrator (Juvenile) | ||||||
11 | appointed by the Secretary of Human Services. | ||||||
12 | (13) The State Compact Administrator of the Interstate | ||||||
13 | Compact for Juveniles.
| ||||||
14 | (14)
(11) The persons appointed under clauses (1) | ||||||
15 | through (13)
(10) of this
subsection (a) shall be voting | ||||||
16 | members of the State Council. With the
approval of the | ||||||
17 | State Council, persons representing other organizations
| ||||||
18 | that may have an interest in the Compact may also be | ||||||
19 | appointed to serve
as non-voting members of the State | ||||||
20 | Council by those interested
organizations. Those | ||||||
21 | organizations may include, but are not limited to, the
| ||||||
22 | Illinois Sheriffs' Association, the Illinois Association | ||||||
23 | of Chiefs of
Police,
the Illinois State's Attorneys | ||||||
24 | Association, and the Office of Attorney
General.
| ||||||
25 | (b) Terms of appointment.
| ||||||
26 | (1) The Compact Administrators
Administrator and the | ||||||
27 | Deputy Compact Administrators
Administrator
from Probation
| ||||||
28 | shall serve at the will of their respective appointing
| ||||||
29 | authorities.
| ||||||
30 | (2) The crime victims' advocacy group representative | ||||||
31 | and the judicial
representative shall each serve an initial | ||||||
32 | term of 2 years. Thereafter, they
shall each serve
for a | ||||||
33 | term of 4 years.
| ||||||
34 | (3) The representatives appointed by the Speaker of the |
| |||||||
| |||||||
1 | House of
Representatives, the President of the Senate, the | ||||||
2 | Minority Leader of the House
of
Representatives, and the | ||||||
3 | Minority Leader of the Senate shall each serve for a
term | ||||||
4 | of 4
years. If one of these representatives shall not be | ||||||
5 | able to fulfill the
completion of his or
her term, then | ||||||
6 | another representative shall be appointed by his or her
| ||||||
7 | respective
appointing authority for the remainder of his or | ||||||
8 | her term.
| ||||||
9 | (4) The probation representative and the parole | ||||||
10 | representative shall each
serve a term of 2 years.
| ||||||
11 | (5) The time frame limiting the initial term of | ||||||
12 | appointments for voting representatives listed in clauses | ||||||
13 | (2) through (4) of this subsection (b) shall not begin | ||||||
14 | until more than 50 percent of the appointments have been | ||||||
15 | made be the respective appointing authorities.
| ||||||
16 | (c) Duties and responsibilities.
| ||||||
17 | (1) The duties and responsibilities of the State | ||||||
18 | Council shall be:
| ||||||
19 | (A) To appoint the State Compact Administrator as | ||||||
20 | Illinois'
Commissioner on the Interstate Commission.
| ||||||
21 | (B) To develop by-laws for the operation of the | ||||||
22 | State Council.
| ||||||
23 | (C) To establish policies and procedures for the | ||||||
24 | Interstate Compact
operations in Illinois.
| ||||||
25 | (D) To monitor and remediate Compact compliance | ||||||
26 | issues in
Illinois.
| ||||||
27 | (E) To promote system training and public | ||||||
28 | awareness regarding the
Compact's mission and | ||||||
29 | mandates.
| ||||||
30 | (F) To meet at least twice a year and otherwise as | ||||||
31 | called by the
Chairperson.
| ||||||
32 | (G) To allow for the appointment of non-voting | ||||||
33 | members as
deemed appropriate.
| ||||||
34 | (H) To issue rules in accordance with Article 5 of |
| |||||||
| |||||||
1 | the Illinois
Administrative Procedure Act.
| ||||||
2 | (I) To publish Interstate Commission rules.
| ||||||
3 | (d) Funding. The State shall appropriate funds to the | ||||||
4 | Department of
Corrections to
support the operations of the | ||||||
5 | State Council and its membership dues to the
Interstate
| ||||||
6 | Commission.
| ||||||
7 | (e) Penalties. Procedures for assessment of penalties | ||||||
8 | imposed pursuant to
Article
XII of the Compact shall be | ||||||
9 | established by the State Council.
| ||||||
10 | (f) Notification of ratification of Compact. The State | ||||||
11 | Compact
Administrator
shall notify the Governor and Secretary | ||||||
12 | of State when 35 States have enacted
the Compact.
| ||||||
13 | (Source: P.A. 92-571, eff. 6-26-02.)
| ||||||
14 | (730 ILCS 5/3-3-11.1) (from Ch. 38, par. 1003-3-11.1)
| ||||||
15 | Sec. 3-3-11.1. State defined. As used in Sections 3-3-11.05 | ||||||
16 | through 3-3-11.3, unless the
context clearly
indicates | ||||||
17 | otherwise, the term "State" means a state of the United States, | ||||||
18 | the
District of Columbia, the Commonwealth of Puerto Rico, and | ||||||
19 | any other territorial possessions of the United
States.
| ||||||
20 | (Source: P.A. 92-571, eff. 6-26-02.)
| ||||||
21 | (730 ILCS 5/3-3-11.2) (from Ch. 38, par. 1003-3-11.2)
| ||||||
22 | Sec. 3-3-11.2. Force and effect of compact.
| ||||||
23 | When the Governor of this State shall sign and seal the | ||||||
24 | Interstate Compact for Adult Offender Supervision, the | ||||||
25 | Interstate Compact for Juveniles,
this compact or any
compact | ||||||
26 | with any other State, pursuant to the provisions of this Act, | ||||||
27 | such
compact or compacts as between the State of Illinois and | ||||||
28 | such other State
so signing shall have the force and effect of | ||||||
29 | law immediately upon the
enactment by such other State of a law | ||||||
30 | giving it similar effect.
| ||||||
31 | (Source: P.A. 77-2097.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect June 1, | ||||||
2 | 2006, except that Sections 1, 5, 10, and 75 of this Act take | ||||||
3 | effect upon the enactment of the Interstate Compact for | ||||||
4 | Juveniles by 35 states.".
|