Nrs: Chapter 62I - Interstate Compact For Juveniles

Link to law: https://www.leg.state.nv.us/NRS/NRS-062I.html
Published: 2015

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[Rev. 11/21/2013 9:16:39

AM--2013]



CHAPTER 62I - INTERSTATE COMPACT FOR

JUVENILES

NRS 62I.015           Text

of Compact.

NRS 62I.025           Payment

of claims from Reserve for Statutory Contingency Account.

_________

_________

      NRS 62I.015  Text of Compact.  The

Interstate Compact for Juveniles is hereby ratified, enacted into law and

entered into with all jurisdictions legally joining the Compact, in

substantially the form set forth in this section:

 

ARTICLE I.  PURPOSE

 

      The compacting states to the 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. § 112 (1965), has authorized and

encouraged compacts for cooperative efforts and mutual assistance in the

prevention of crime.

      It is the purpose of this Compact, through means of

joint and cooperative action among the compacting states, to:

      (1)  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.

      (2)  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.

      (3)  Return juveniles who have run away,

absconded or escaped from supervision or control or who have been accused of an

offense to the state requesting their return.

      (4)  Make contracts for the cooperative

institutionalization in public facilities in member states of delinquent youth

needing special services.

      (5)  Provide for the effective tracking and

supervision of juveniles.

      (6)  Equitably allocate the costs, benefits

and obligations of the compacting states.

      (7)  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 which has jurisdiction over juvenile offenders.

      (8)  Ensure immediate notice to

jurisdictions where defined offenders are authorized to travel or to relocate

across state lines.

      (9)  Establish procedures to resolve

pending charges (detainers) against juvenile offenders prior to transfer or

release to the community under the terms of this Compact.

      (10)  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 the Compact’s activities to heads of state executive,

judicial and legislative branches and juvenile and criminal justice

administrators.

      (11)  Monitor compliance with rules

governing interstate movement of juveniles and initiate interventions to

address and correct noncompliance.

      (12)  Coordinate training and education

regarding the regulation of interstate movement of juveniles for officials involved

in such activity.

      (13)  Coordinate the implementation and

operation of the Compact with the Interstate Compact on the Placement of

Children, the Interstate Compact for Adult Offender Supervision and other

compacts affecting juveniles, particularly in those cases where concurrent or

overlapping supervision issues arise.

      It is the policy of the compacting states that the

activities conducted by the Interstate Commission created herein are the

formation of public policies and therefore are public business. Furthermore,

the compacting states shall cooperate and observe their individual and

collective duties and responsibilities for the prompt return and 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.

 

ARTICLE II.  DEFINITIONS

 

      As used in this Compact, unless the context clearly

requires a different construction:

      (1)  “Bylaws” means those bylaws established

by the Interstate Commission for its governance or for directing or controlling

its actions or conduct.

      (2)  “Commissioner” means the voting

representative of each compacting state appointed pursuant to Article III of

this Compact.

      (3)  “Compact Administrator” means the

individual in each compacting state appointed pursuant to the terms of this

Compact, responsible for the administration and management of the state’s

supervision and transfer of juveniles subject to the terms of this Compact, the

rules adopted by the Interstate Commission and policies adopted by the State

Council under this Compact.

      (4)  “Compacting state” means any state

which has enacted the enabling legislation for this Compact.

      (5)  “Court” means any court having

jurisdiction over delinquent, neglected or dependent children.

      (6)  “Deputy Compact Administrator” means

the individual, if any, in each compacting state appointed to act on behalf of

a Compact Administrator pursuant to the terms of this Compact 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 and policies adopted by the State Council under this

Compact.

      (7)  “Interstate Commission” means the

Interstate Commission for Juveniles created by Article III of this Compact.

      (8)  “Juvenile” means any person defined as

a juvenile in any member state or by the rules of the Interstate Commission,

including:

             (a) Accused Delinquent—a person charged

with an offense that, if committed by an adult, would be a criminal offense;

             (b) Adjudicated Delinquent—a person found

to have committed an offense that, if committed by an adult, would be a

criminal offense;

             (c) Accused Status Offender—a person

charged with an offense that would not be a criminal offense if committed by an

adult;

             (d) Adjudicated Status Offender—a person

found to have committed an offense that would not be a criminal offense if

committed by an adult; and

             (e) Nonoffender—a person in need of

supervision who has not been accused or adjudicated a status offender or

delinquent.

      (9)  “Noncompacting state” means any state

which has not enacted the enabling legislation for this Compact.

      (10)  “Probation or parole” means any kind

of supervision or conditional release of juveniles authorized under the laws of

the compacting states.

      (11)  “Rule” means a written statement by

the Interstate Commission promulgated pursuant to Article VI of this Compact

that is of general applicability, implements, interprets or prescribes a policy

or provision of the Compact or an organizational, procedural or practice

requirement of the Interstate Commission, and has the force and effect of

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

suspension of an existing rule.

      (12)  “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.

      (13)  “State Council” means the resident

members of the State Council for Interstate Juvenile Supervision created by

each state under Article IX of this Compact.

 

ARTICLE III.  INTERSTATE

COMMISSION FOR JUVENILES

 

      (1)  The compacting states hereby create

the Interstate Commission for Juveniles. The Interstate Commission shall be a

body corporate and joint agency of the compacting states. The Interstate

Commission shall have all the responsibilities, powers and duties set forth

herein, and such additional powers as may be conferred upon it by subsequent action

of the respective legislatures of the compacting states in accordance with the

terms of this Compact.

      (2)  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 created hereunder. The Commissioner

shall be the Compact Administrator, Deputy 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.

      (3)  In addition to the Commissioners who

are the voting representatives of each state, the Interstate Commission shall

include individuals who are not Commissioners, but who are members of

interested organizations. Such noncommissioner members must include a member of

the national organizations of governors, legislators, state chief justices,

attorneys general, Interstate Compact for Adult Offender Supervision,

Interstate Compact on 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 Interstate Commission.

      (4)  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.

      (5)  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 meetings

shall be open to the public.

      (6)  The Interstate Commission shall

establish an Executive Committee, which shall include Interstate Commission

officers, members and others as determined by the bylaws. The Executive

Committee shall have the power to act on behalf of the Interstate Commission

during periods when the Interstate Commission is not in session, with the

exception of rulemaking and/or amendment to the Compact. The Executive

Committee shall oversee the day-to-day activities of the administration of the

Compact managed by an Executive Director and Interstate Commission staff,

administer enforcement and compliance with the provisions of the Compact, its

bylaws and rules, and perform such other duties as directed by the Interstate

Commission or set forth in the bylaws.

      (7)  Each member of the Interstate

Commission shall have the right and power to cast a vote to which that

compacting state is entitled and to participate in the business and affairs of

the Interstate Commission. A member shall vote in person and shall not delegate

a vote to another compacting state. However, a Commissioner, in consultation

with the State Council, shall appoint another authorized representative, in the

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

compacting state at a specified meeting. The bylaws may provide for members’

participation in meetings by telephone or other means of telecommunication or

electronic communication.

      (8)  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 they would adversely affect

personal privacy rights or proprietary interests.

      (9)  Public notice shall be given of all

meetings and all meetings shall be open to the public, except as set forth in

the rules or as otherwise provided in the Compact. The Interstate Commission

and any of its committees may close a meeting to the public where it determines

by two-thirds vote that an open meeting would be likely to:

             (a) Relate solely to the Interstate

Commission’s internal personnel practices and procedures;

             (b) Disclose matters specifically exempted

from disclosure by statute;

             (c) Disclose trade secrets or commercial

or financial information which is privileged or confidential;

             (d) Involve accusing any person of a crime

or formally censuring any person;

             (e) Disclose information of a personal

nature where disclosure would constitute a clearly unwarranted invasion of

personal privacy;

             (f) Disclose investigative records

compiled for law enforcement purposes;

             (g) 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;

             (h) Disclose information, the premature

disclosure of which would significantly endanger the stability of a regulated

person or entity; or

             (i) Specifically relate to the Interstate

Commission’s issuance of a subpoena or its participation in a civil action or

other legal proceeding.

      (10)  For every meeting closed pursuant to

this provision, the Interstate Commission’s legal counsel shall publicly

certify that, in the legal counsel’s opinion, the meeting may be closed to the

public, and shall reference each relevant exemptive provision. The Interstate

Commission shall keep minutes which shall fully and clearly describe all

matters discussed in any meeting and shall provide a full and accurate summary

of any actions taken, and the reasons therefore, including a description of

each of the views expressed on any item and the record of any roll call vote

(reflected in the vote of each member on the question). All documents

considered in connection with any action shall be identified in such minutes.

      (11)  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 its information

functions with the appropriate repository of records.

 

ARTICLE IV.  POWERS

AND DUTIES OF THE INTERSTATE COMMISSION

 

      The Interstate Commission shall have the following

powers and duties:

      (1)  To provide for dispute resolution

among compacting states.

      (2)  To promulgate rules to effect the

purposes and obligations as enumerated in this Compact, which shall have the

force and effect of statutory law and shall be binding in the compacting states

to the extent and in the manner provided in this Compact.

      (3)  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.

      (4)  To enforce compliance with the

provisions of the Compact, the rules promulgated by the Interstate Commission

and the bylaws, using all necessary and proper means, including, but not

limited to, the use of judicial process.

      (5)  To establish and maintain offices

which shall be located within one or more of the compacting states.

      (6)  To purchase and maintain insurance and

bonds.

      (7)  To borrow, accept, hire or contract

for services of personnel.

      (8)  To establish and appoint committees

and hire staff which it deems necessary for the carrying out of its functions,

including, but not limited to, an Executive Committee as required by Article

III which shall have the power to act on behalf of the Interstate Commission in

carrying out its powers and duties hereunder.

      (9)  To elect or appoint such officers,

attorneys, employees, agents or consultants, and to fix their compensation, define

their duties and determine their qualifications, and to establish the

Interstate Commission’s personnel policies and programs relating to, inter

alia, conflicts of interest, rates of compensation and qualifications of

personnel.

      (10)  To accept any and all donations and

grants of money, equipment, supplies, materials, and services, and to receive,

utilize and dispose of it.

      (11)  To lease, purchase, accept

contributions or donations of, or otherwise to own, hold, improve or use, any

property, real, personal or mixed.

      (12)  To sell, convey, mortgage, pledge,

lease, exchange, abandon or otherwise dispose of any property, real, personal

or mixed.

      (13)  To establish a budget and make

expenditures and levy dues as provided in Article VIII of this Compact.

      (14)  To sue and be sued.

      (15)  To adopt a seal and bylaws governing

the management and operation of the Interstate Commission.

      (16)  To perform such functions as may be

necessary or appropriate to achieve the purposes of this Compact.

      (17)  To report annually to the

legislatures, governors, judiciary and State Councils of the compacting states

concerning the activities of the Interstate Commission during the preceding

year. Such reports shall also include any recommendations that may have been adopted

by the Interstate Commission.

      (18)  To coordinate education, training and

public awareness regarding the interstate movement of juveniles for officials

involved in such activity.

      (19)  To establish uniform standards of the

reporting, collecting and exchanging of data.

      (20)  To maintain the Interstate

Commission’s corporate books and records in accordance with the bylaws.

 

ARTICLE V.  ORGANIZATION

AND OPERATION OF THE INTERSTATE COMMISSION

 

Section A.  Bylaws

 

      The Interstate Commission shall, by a majority of the

members present and voting, within 12 months after the first Interstate

Commission meeting, adopt bylaws to govern its conduct as may be necessary or

appropriate to carry out the purposes of the Compact, including, but not

limited to:

      (1)  Establishing the fiscal year of the

Interstate Commission;

      (2)  Establishing an Executive Committee

and such other committees as may be necessary;

      (3)  Providing for the establishment of

committees governing any general or specific delegation of any authority or

function of the Interstate Commission;

      (4)  Providing reasonable procedures for

calling and conducting meetings of the Interstate Commission, and ensuring

reasonable notice of each such meeting;

      (5)  Establishing the titles and

responsibilities of the officers of the Interstate Commission;

      (6)  Providing a mechanism for concluding

the operations of the Interstate Commission and the return of any surplus funds

that may exist upon the termination of the Compact after the payment and/or

reserving of all of its debts and obligations;

      (7)  Providing “start-up” rules for the

initial administration of the Compact; and

      (8)  Establishing standards and procedures

for compliance and technical assistance in carrying out the Compact.

 

Section B.  Officers

and Staff

 

      (1)  The Interstate Commission shall, by a

majority of the members, elect annually from among its members a Chairman and a

Vice Chairman, each of whom shall have such authority and duties as may be

specified in the bylaws. The Chairman or, in the Chairman’s absence or

disability, the Vice Chairman 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 shall,

through its Executive Committee, appoint or retain an Executive Director for

such period, upon such terms and conditions and for such compensation as the

Interstate Commission may deem appropriate. The Executive Director shall serve

as Secretary to the Interstate Commission, but shall not be a member and shall

hire and supervise such other staff as may be authorized by the Interstate

Commission.

 

Section C.  Qualified

Immunity, Defense and Indemnification

 

      (1)  The Interstate Commission’s Executive

Director and employees shall be immune from suit and liability, either

personally or in their official capacity, for any claim for damage to or loss

of property or for any personal injury or other civil liability caused by or

arising out of or relating to any actual or alleged act, error or omission that

occurred, or that such person had a reasonable basis for believing occurred

within the scope of Interstate Commission employment, duties or

responsibilities, provided that any such person shall not be protected from

suit or liability for any damage, loss, injury or liability caused by the

intentional or willful and wanton misconduct of any such person.

      (2)  The liability of any Commissioner, or

the employee or agent of a Commissioner, acting within the scope of such

person’s employment or duties for acts, errors or omissions occurring within

such person’s state may not exceed the limits of liability set forth under the

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)  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, provided that the actual or alleged

act, error or omission did not result from intentional or willful and wanton

misconduct on the part of such person.

      (4)  The Interstate Commission shall

indemnify and hold the Commissioner of a compacting state, or the

Commissioner’s representatives or 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, provided that the actual or alleged

act, error or omission did not result from intentional or willful and wanton

misconduct on the part of such persons.

 

ARTICLE VI.  RULEMAKING

FUNCTIONS OF THE INTERSTATE COMMISSION

 

      (1)  The Interstate Commission shall

promulgate and publish rules in order to effectively and efficiently achieve

the purposes of the Compact.

      (2)  Rulemaking shall occur pursuant to the

criteria set forth in this article and the bylaws and rules adopted pursuant

thereto. Such rulemaking shall substantially conform to the principles of the

Model State Administrative Procedure Act, 1981 Act, Uniform Laws Annotated,

Vol. 15, p. 1 (2000), or such other administrative procedures act as the

Interstate Commission deems appropriate and 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.

      (3)  When promulgating a rule, the

Interstate Commission shall, at a minimum:

             (a) Publish the proposed rule’s entire

text stating the reasons for that proposed rule;

             (b) 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;

             (c) Provide an opportunity for an informal

hearing if petitioned by 10 or more persons; and

             (d) Promulgate a final rule and its

effective date, if appropriate, based on input from state or local officials,

or interested parties.

      (4)  Allow, not later than 60 days after a

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

States District Court for the District of Columbia or in the federal district

court where the Interstate Commission’s principal office is located for

judicial review of such rule. If the court finds that the Interstate

Commission’s action is not supported by substantial evidence in the rulemaking

record, the court shall hold the rule unlawful and set it aside. For purposes

of this subsection, evidence is substantial if it would be considered

substantial evidence under the Model State Administrative Procedure Act.

      (5)  If a majority of the legislatures of

the compacting states rejects a rule, by enactment of a statute or resolution

in the same manner used to adopt the Compact, then such rule shall have no

further force and effect in any compacting state.

      (6)  The existing rules governing the

operation of the Interstate Compact on Juveniles superceded by this act shall

be null and void 12 months after the first meeting of the Interstate Commission

created hereunder.

      (7)  Upon determination by the Interstate

Commission that an emergency exists, it may promulgate an emergency rule which

shall become effective immediately upon adoption, provided that the usual

rulemaking procedures provided hereunder shall be retroactively applied to said

rule as soon as reasonably possible, but no later than 90 days after the

effective date of the emergency rule.

 

ARTICLE VII.  OVERSIGHT,

ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

 

Section A.  Oversight

 

      (1)  The Interstate Commission shall

oversee the administration and operations of the interstate movement of

juveniles subject to this Compact in the compacting states and shall monitor

such activities being administered in noncompacting states which may

significantly affect compacting states.

      (2)  The courts and executive agencies in

each compacting state shall enforce this Compact and shall take all actions

necessary and appropriate to effectuate the Compact’s purposes and intent. The

provisions of this Compact and the rules promulgated hereunder shall be

received by all the judges, public officers, commissions and departments of the

state government as evidence of the authorized statute and 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 which may affect the powers, responsibilities

or actions of the Interstate Commission, it shall be entitled to receive all

service of process in any such proceeding, and shall have standing to intervene

in the proceeding for all purposes.

 

Section B.  Dispute

Resolution

 

      (1)  The compacting states shall report to

the Interstate Commission on all issues and activities necessary for the

administration of the Compact as well as issues and activities pertaining to

compliance with the provisions of the Compact and its bylaws and rules.

      (2)  The Interstate Commission shall

attempt, upon the request of a compacting state, to resolve any disputes or

other issues which are subject to the Compact and which may arise among

compacting states and between compacting and noncompacting 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

 

      (1)  The Interstate Commission shall pay or

provide for the payment of the reasonable expenses of its establishment,

organization and ongoing activities.

      (2)  The Interstate Commission shall levy

on and collect an annual assessment from each compacting state to cover the

cost of the internal operations and activities of the Interstate Commission and

its staff which must be in a total amount sufficient to cover the Interstate

Commission’s annual budget as approved each year. The aggregate annual

assessment amount shall be allocated based upon a formula to be 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 and shall promulgate a rule binding upon all compacting states

which governs said assessment.

      (3)  The Interstate Commission shall not

incur any obligations of any kind prior to securing the funds adequate to meet

the same, nor shall the Interstate Commission pledge the credit of any of the

compacting states, except by and with the authority of the compacting state.

      (4)  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

 

      (1)  The Nevada State Council for

Interstate Juvenile Supervision is hereby created. The Nevada State Council for

Interstate Juvenile Supervision consists of the following seven members:

             (a) The Compact Administrator, appointed

by the Governor, who shall serve as Chairman and as Commissioner to the

Interstate Commission for this State;

             (b) Three members appointed by the

Governor, one of whom must be a representative of an organization supporting

the rights of victims of crime;

             (c) One member of the Senate, appointed by

the Majority Leader of the Senate;

             (d) One member of the Assembly, appointed

by the Speaker of the Assembly; and

             (e) One member who is a district judge,

appointed by the Chief Justice of the Supreme Court of Nevada.

      (2)  The members of the Nevada State Council

for Interstate Juvenile Supervision serve at the pleasure of the persons who

appointed them.

      (3)  The Legislators who are members of the

Nevada State Council for Interstate Juvenile Supervision are entitled to

receive the salary provided for a majority of the members of the Legislature

during the first 60 days of the preceding session for each day’s attendance at

a meeting of the Nevada State Council for Interstate Juvenile Supervision.

      (4)  While engaged in the business of the

Interstate Commission, each member of the Nevada State Council for Interstate

Juvenile Supervision is entitled to receive the per diem allowance and travel

expenses provided for state officers and employees generally.

      (5)  The Nevada State Council for

Interstate Juvenile Supervision shall develop policies concerning the operation

of the Compact within this State and shall exercise oversight and advocacy

concerning its participation in activities of the Interstate Commission.

 

ARTICLE X.  COMPACTING

STATES, EFFECTIVE DATE AND AMENDMENT

 

      (1)  Any state, as defined in Article II of

this Compact, is eligible to become a compacting state.

      (2)  The Compact shall become effective and

binding upon legislative enactment of the Compact into law by no less than 35

of the states. The initial effective date shall be the later of July 1, 2006,

or upon enactment into law by the 35th jurisdiction. Thereafter it shall become

effective and binding as to any other compacting state upon enactment of the

Compact into law by that state. The governors of nonmember states or their

designees shall be invited to participate in the activities of the Interstate

Commission on a nonvoting basis prior to adoption of the Compact by all states

and territories of the United States.

      (3)  The Interstate Commission may propose

amendments to the Compact for enactment by the compacting states. No amendment

shall become effective and binding upon the Interstate Commission and the

compacting states unless and until it is enacted into law by unanimous consent

of the compacting states.

 

ARTICLE XI.  WITHDRAWAL,

DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

 

Section A.  Withdrawal

 

      (1)  Once effective, the Compact shall

continue in force and remain binding upon each and every compacting state,

provided that a compacting state may withdraw from the Compact by specifically

repealing the statute which enacted the Compact into law.

      (2)  The effective date of withdrawal is

the effective date of the repeal.

      (3)  The withdrawing state shall

immediately notify the Chairman of the Interstate Commission in writing upon

the introduction of legislation repealing this Compact in the withdrawing

state. The Interstate Commission shall notify the other compacting states of

the withdrawing state’s intent to withdraw within 60 days after its receipt

thereof.

      (4)  The withdrawing state is responsible

for all assessments, obligations and liabilities incurred through the effective

date of withdrawal, including any obligations the performance of which extend

beyond the effective date of withdrawal.

      (5)  Reinstatement following withdrawal of

any compacting state shall occur upon the withdrawing state reenacting the

Compact or upon such later date as determined by the Interstate Commission.

 

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 the bylaws or duly promulgated rules, the Interstate Commission may impose

any or all 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; and

             (d) Suspension or termination of

membership in the Compact, which 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, the Chief Justice or the Chief

Judicial Officer of the state, the Majority and Minority Leaders of the

defaulting state’s legislature and the State Council. The grounds for default

include, but are not limited to, failure of a compacting state to perform such

obligations or responsibilities imposed upon it by this Compact, the bylaws or

duly promulgated rules and any other grounds designated in the Interstate

Commission’s 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 the 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 60 days after the effective

date of termination of a defaulting state, the Interstate Commission shall

notify the Governor, the Chief Justice or Chief Judicial Officer, the Majority

and Minority Leaders of the defaulting state’s legislature and the State

Council of such termination.

      (3)  The defaulting state is responsible

for all assessments, obligations and liabilities incurred through the effective

date of termination, including any obligations, the performance of which

extends beyond the effective date of termination.

      (4)  The Interstate Commission shall not

bear any costs relating to the defaulting state unless otherwise mutually

agreed upon in writing between the Interstate Commission and the defaulting

state.

      (5)  Reinstatement following termination of

any compacting state requires both a reenactment of the Compact by the

defaulting state and the approval of the Interstate Commission pursuant to the

rules.

 

Section C.  Judicial

Enforcement

 

      The Interstate Commission may, by majority vote of the

members, initiate legal action in the United States District Court for the

District of Columbia or, at the discretion of the Interstate Commission, in the

federal district court where the Interstate Commission has its offices, to

enforce compliance with the provisions of the Compact, its duly promulgated

rules and its bylaws against any compacting state in default. In the event

judicial enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorneys’ fees.

 

Section D.  Dissolution

of Compact

 

      (1)  The Compact dissolves effective upon

the date of the withdrawal or default of the compacting state which reduces

membership in the Compact to one compacting state.

      (2)  Upon the dissolution of this Compact,

the Compact becomes null and void and shall be of no further force or effect,

and the business and affairs of the Interstate Commission shall be concluded

and any surplus funds shall be distributed in accordance with the bylaws.

 

ARTICLE XII.  SEVERABILITY

AND CONSTRUCTION

 

      (1)  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.

      (2)  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 herein prevents the

enforcement of any other law of a compacting state that is not inconsistent

with this Compact.

      (2)  All compacting states’ laws other than

state constitutions and other interstate compacts conflicting with this Compact

are superseded to the extent of the conflict.

 

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 meaning or interpretation of Interstate Commission actions, and

upon a majority vote of the compacting states, the Interstate Commission may

issue advisory opinions regarding such meaning or interpretation.

      (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 such provision upon the Interstate Commission shall be ineffective

and such obligations, duties, powers or jurisdiction shall remain in the

compacting state and shall be exercised by the agency thereof to which such

obligations, duties, powers or jurisdiction are delegated by law in effect at

the time this Compact becomes effective.

      (Added to NRS by 2005, 400)

      NRS 62I.025  Payment of claims from Reserve for Statutory Contingency

Account.  All claims that arise

pursuant to the provisions of this chapter must be paid from the Reserve for

Statutory Contingency Account in the same manner as other claims against the

State are paid, upon approval by the Compact Administrator appointed pursuant

to NRS 62I.015.

      (Added to NRS by 2005, 413)