07 LC 29
2750ERS
The House Committee on Judiciary Non-civil offers the following substitute to HB
50:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to juvenile proceedings, so as to enact The Interstate Compact for Juveniles; to
provide for a short title; to revise and provide for definitions; to change
provisions relating to interstate proceedings; to provide for implementation of
said compact; to provide for powers and duties, organization, operation, rule
making, dispute resolution, and finances of the interstate commission; to
provide for the State Council for Interstate Juvenile Supervision; to provide
for withdrawal from the compact; to provide for a compact administrator; to
amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so
as to repeal the Interstate Compact on Juveniles; to amend Title 49 of the
Official Code of Georgia Annotated relating to social services, so as to correct
cross-references; provide for related matters; to provide for effective dates;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I.
SECTION 1-1.
SECTION 1-1.
Chapter
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended by adding a new article to read as follows:
"ARTICLE
7
15-11-220.
This
article shall be known and may be cited as 'The Interstate Compact for
Juveniles.'
15-11-221.
The
Governor of this state is authorized and directed to execute a compact on behalf
of the State of Georgia with any of the United States legally joining therein in
the form substantially as follows:
'ARTICLE
I
Purpose.
Purpose.
The
compacting states to this interstate compact recognize that each state is
responsible for the proper supervision or return of juveniles, delinquents, and
status offenders who are on probation or parole and who have absconded, escaped,
or run away from supervision and control and in so doing have endangered their
own safety and the safety of others. The compacting states also recognize that
each state is responsible for the safe return of juveniles who have run away
from home and in doing so have left their state of residence. The compacting
states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C.
Section 112 (1965), has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime. It is the purpose of
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 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 for 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 of information pertaining to
juveniles subject to this compact that allows access by authorized juvenile
justice and criminal justice officials and regular reporting of compact
activities to heads of state executive, judicial, and legislative branches and
juvenile and criminal justice 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; and
(13)
Coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult Offender
Supervision, and other compacts affecting juveniles particularly in those cases
where concurrent or overlapping supervision issues arise.
It
is the policy of the compacting states that the activities conducted by the
interstate commission 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.
Definitions.
As
used in this compact, unless the context clearly requires a different
construction, the term:
(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 and 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 delinquent or status offender.
(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; is
an organizational, procedural, or practice requirement of the interstate
commission; and has the force and effect of statutory law in a compacting state.
Such term 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 United States Virgin Islands,
Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE
III
Interstate Commission for Juveniles.
Interstate Commission for Juveniles.
(a)
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 in this compact 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.
(b)
The interstate commission shall consist of commissioners appointed by the
appropriate appointing authority in each state pursuant to the rules and
requirements of each compacting state and in consultation with the State Council
for Interstate Juvenile Supervision created by this compact. 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.
(c)
In addition to the commissioners who are the voting representatives of each
state, the interstate commission shall include individuals who are not
commissioners, but who are members of interested organizations. Such
noncommissioner members shall include a member of the Interstate Compact for
Adult Offender Supervision and Interstate Compact for the Placement of Children
and the national organizations of governors, legislators, state chief justices,
attorneys general, 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 members, including members of other
national organizations, in such numbers as shall be determined by the interstate
commission.
(d)
Each compacting state represented at any meeting of the interstate commission is
entitled to one vote. A majority of the compacting states shall constitute a
quorum for the transaction of business, unless a larger quorum is required by
the bylaws of the interstate commission.
(e)
The interstate commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of a simple
majority of the compacting states, shall call additional meetings. Public
notice shall be given of all meetings, and meetings shall be open to the
public.
(f)
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 rule making and amendment to this compact. The
executive committee shall oversee the day-to-day activities of the
administration of this compact managed by an executive director and interstate
commission staff; administer enforcement and compliance with this provisions of
this compact and its bylaws and rules; and perform such other duties as directed
by the interstate commission or set forth in the bylaws.
(g)
Each member of the interstate commission shall have the right and power to cast
a vote to which that compacting state is entitled and to participate in the
business and affairs of the interstate commission. A member shall vote in
person and shall not delegate a vote to another compacting state. However, a
commissioner, in consultation with the state council, shall appoint another
authorized representative, in the absence of the commissioner from that state,
to cast a vote on behalf of 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.
(h)
The interstate commission´s bylaws shall establish conditions and
procedures under which the interstate commission shall make its information and
official records available to the public for inspection or copying. The
interstate commission may exempt from disclosure any information or official
records to the extent they would adversely affect personal privacy rights or
proprietary interests.
(i)
Public notice shall be given of all meetings, and all meetings shall be open to
the public, except as set forth in the rules or as otherwise provided in this
compact. The interstate commission and any of its committees may close a
meeting to the public where it determines by two-thirds´ vote that an open
meeting would be likely to:
(1)
Relate solely to the interstate commission´s internal personnel practices
and procedures;
(2)
Disclose matters specifically exempted from disclosure by statute;
(3)
Disclose trade secrets or commercial or financial information which is
privileged or confidential;
(4)
Involve accusing any person of a crime or formally censuring any
person;
(5)
Disclose information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(6)
Disclose investigative records compiled for law enforcement
purposes;
(7)
Disclose information contained in or related to examination, operating, or
condition reports prepared by, or on behalf of or for the use of, the interstate
commission with respect to a regulated person or entity for the purpose of
regulation or supervision of such person or entity;
(8)
Disclose information, the premature disclosure of which would significantly
endanger the stability of a regulated person or entity; or
(9)
Specifically relate to the interstate commission´s issuance of a subpoena
or its participation in a civil action or other legal proceeding.
(j)
For every meeting closed pursuant to paragraphs (1) through (9) of subsection
(i) of this article, the interstate commission´s legal counsel shall
publicly certify that, in the legal counsel´s opinion, the meeting may be
closed to the public and shall reference each relevant exemptive provision. The
interstate commission shall keep minutes which shall fully and clearly describe
all matters discussed in any meeting and shall provide a full and accurate
summary of any actions taken, and the reasons therefor, including a description
of each of the views expressed on any item and the record of any roll-call vote
as reflected in the vote of each member on the question. All documents
considered in connection with any action shall be identified in such
minutes.
(k)
The interstate commission shall collect standardized data 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 current technology
and coordinate its information functions with the appropriate repository of
records.
ARTICLE
IV
Powers and Duties of the Interstate Commission.
Powers and Duties of the Interstate Commission.
(a)
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 on 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 compact provisions, the rules promulgated by the
interstate commission, and the bylaws using all necessary and proper means,
including but not limited to the use of judicial process;
(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;
(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 the
same;
(11)
To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve, or use any property whether real, personal, or
mixed;
(12)
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property whether 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; and
(19)
To establish uniform standards of the reporting, collecting, and exchanging of
data.
(b)
The interstate commission shall maintain its corporate books and records in
accordance with the bylaws.
ARTICLE
V
Organization and Operation of the Interstate Commission.
SECTION A.
Bylaws.
Organization and Operation of the Interstate Commission.
SECTION A.
Bylaws.
(a)
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 this 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 or reserving of all of its debts and
obligations;
(7)
Providing "start-up" rules for 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.
Officers and Staff.
(a)
The interstate commission shall, by a majority of the members, elect annually
from among its members a chairperson and a vice chairperson, each of whom shall
have such authority and duties as may be specified in the bylaws. The
chairperson or, in the chairperson´s absence or disability, the vice
chairperson shall preside at all meetings of the interstate commission. The
officers so elected shall serve without compensation or remuneration from the
interstate commission, provided that, subject to the availability of budgeted
funds, the officers shall be reimbursed for any ordinary and necessary costs and
expenses incurred by them in the performance of their duties and
responsibilities as officers of the interstate commission.
(b)
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.
Qualified Immunity, Defense, and Indemnification.
(a)
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 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.
(b)
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.
(c)
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.
(d)
The interstate commission shall indemnify and hold the commissioner of a
compacting state, 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
Rule-making Functions of the Interstate Commission.
Rule-making Functions of the Interstate Commission.
(a)
The interstate commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of this compact.
(b)
Rule making shall occur pursuant to the criteria set forth in this article and
the bylaws and rules adopted pursuant to this article. Such rule making shall
substantially conform to the principles of the "Model State Administrative
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such
other administrative procedures act, as the interstate commission deems
appropriate consistent with due process requirements under the United States
Constitution as now or hereafter interpreted by the United States Supreme Court.
All rules and amendments shall become binding as of the date specified, as
published with the final version of the rule as approved by the interstate
commission.
(c)
When promulgating a rule, the interstate commission shall, at a
minimum:
(1)
Publish the proposed rule´s entire text, stating the reason or reasons for
that proposed rule;
(2)
Allow and invite any and all persons to submit written data, facts, opinions,
and arguments which shall be added to the record and made publicly
available;
(3)
Provide an opportunity for an informal hearing if petitioned by ten or more
persons; and
(4)
Promulgate a final rule and its effective date, if appropriate, based on input
from state or local officials or interested parties.
(d)
The interstate commission shall 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 rule-making 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 Procedures Act."
(e)
If a majority of the legislatures of the compacting states rejects a rule, those
states may, by enactment of a statute or resolution in the same manner used to
adopt this compact, cause such rule to have no further force and effect in any
compacting state.
(f)
The existing rules governing the operation of the Interstate Compact on
Juveniles superseded by this compact shall be null and void 12 months after the
first meeting of the interstate commission created by this compact.
(g)
Upon determination by the interstate commission that a state of emergency
exists, it may promulgate an emergency rule which shall become effective
immediately upon adoption, provided that the usual rule-making procedures
provided by this article 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.
Oversight, Enforcement, and Dispute Resolution
by the Interstate Commission.
SECTION A.
Oversight.
(a)
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.
(b)
The courts and executive agencies in each compacting state shall enforce this
compact and shall take all actions necessary and appropriate to effectuate this
compact´s purposes and intent. The provisions of this compact and the
rules promulgated 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 this 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.
Dispute Resolution.
(a)
The compacting states shall report to the interstate commission on all issues
and activities necessary for the administration of this compact as well as
issues and activities pertaining to compliance with the provisions of this
compact and the interstate commission´s bylaws and rules.
(b)
The interstate commission shall attempt, upon the request of a compacting state,
to resolve any disputes or other issues which are subject to this 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.
(c)
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.
Finance.
(a)
The interstate commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing
activities.
(b)
The interstate commission shall levy on and collect an annual assessment from
each compacting state to cover the cost of the internal operations and
activities of the interstate commission and its staff which must be in a total
amount sufficient to cover the interstate commission´s annual budget as
approved each year. The aggregate annual assessment amount shall be allocated
based upon a formula to be 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.
(c)
The interstate commission shall not incur any obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the interstate
commission pledge the credit of any of the compacting states, except by and with
the authority of the compacting state.
(d)
The interstate commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the 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.
The State Council.
Each
member state shall create a State Council for Interstate Juvenile Supervision.
While each state may determine the membership of its own state council, its
membership must include at least one representative from the legislative,
judicial, and executive branches of government, victims groups, and the compact
administrator, deputy compact administrator, or designee. Each compacting state
retains the right to determine the qualifications of the compact administrator
or deputy compact administrator. Each state council shall advise and may
exercise oversight and advocacy concerning that state´s participation in
interstate commission activities and other duties as may be determined by that
state, including but not limited to development of policy concerning operations
and procedures of this compact within that state.
ARTICLE
X
Compacting States, Effective Date, and Amendment.
Compacting States, Effective Date, and Amendment.
(a)
Any state as defined in Article II of this compact is eligible to become a
compacting state.
(b)
This compact shall become effective and binding upon legislative enactment of
this compact into law by no less than 35 of the states. The initial effective
date shall be upon enactment into law by the thirty-fifth jurisdiction.
Thereafter, it shall become effective and binding as to any other compacting
state upon enactment of this compact into law by that state. The governors of
noncompacting states or their designees shall be invited to participate in the
activities of the interstate commission on a nonvoting basis prior to adoption
of the compact by all states and territories of the United States.
(c)
The interstate commission may propose amendments to this compact for enactment
by the compacting states. No amendment shall become effective and binding upon
the interstate commission and the compacting states unless and until it is
enacted into law by unanimous consent of the compacting states.
ARTICLE
XI
Withdrawal, Default, Termination, and Judicial Enforcement.
SECTION A.
Withdrawal.
Withdrawal, Default, Termination, and Judicial Enforcement.
SECTION A.
Withdrawal.
(a)
Once effective, this compact shall continue in force and remain binding upon
each and every compacting state, provided that a compacting state may withdraw
from the compact by specifically repealing the statute which enacted this
compact into law.
(b)
The effective date of withdrawal is the effective date of the
repeal.
(c)
The withdrawing state shall immediately notify the chairperson of the interstate
commission in writing upon the introduction of legislation repealing this
compact in the withdrawing state. The interstate commission shall notify the
other compacting states of the withdrawing state´s intent to withdraw
within 60 days of its receipt thereof.
(d)
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.
(e)
Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state´s reenacting this compact or upon such later date as
determined by the interstate commission.
SECTION
B.
Technical Assistance, Fines, Suspension, Termination, and Default.
Technical Assistance, Fines, Suspension, Termination, and Default.
(a)
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:
(1)
Remedial training and technical assistance as directed by the interstate
commission;
(2)
Alternative dispute resolution;
(3)
Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed
by the interstate commission; and
(4)
Suspension or termination of membership in this 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. 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 interstate commission bylaws and rules. The interstate commission
shall immediately notify the defaulting state in writing of the penalty imposed
by the interstate commission and of the default pending a cure of the default.
The interstate commission shall stipulate the conditions and the time period
within which the defaulting state must cure its default. If the defaulting
state fails to cure the default within the time period specified by the
interstate commission, the defaulting state shall be terminated from this
compact upon an affirmative vote of a majority of the compacting states; and all
rights, privileges, and benefits conferred by this compact shall be terminated
from the effective date of termination.
(b)
Within 60 days of 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.
(c)
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.
(d)
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.
(e)
Reinstatement following termination of any compacting state requires both a
reenactment of this compact by the defaulting state and the approval of the
interstate commission pursuant to the rules.
SECTION
C.
Judicial Enforcement.
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 where the
interstate commission has its offices, to enforce compliance with the provisions
of this compact, and its duly promulgated rules and bylaws, against any
compacting state in default. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation, including
reasonable attorneys´ fees.
SECTION
D.
Dissolution of Compact.
Dissolution of Compact.
(a)
This compact dissolves effective upon the date of the withdrawal or default of a
compacting state which reduces membership in this compact to one compacting
state.
(b)
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.
Severability and Construction.
(a)
The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of this
compact shall be enforceable.
(b)
The provisions of this compact shall be liberally construed to effectuate its
purposes.
ARTICLE
XIII
Binding Effect of Compact and Other Laws.
SECTION A.
Other laws.
Binding Effect of Compact and Other Laws.
SECTION A.
Other laws.
(a)
Nothing in this compact prevents the enforcement of any other law of a
compacting state that is not inconsistent with this compact.
(b)
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.
Binding Effect of the Compact.
(a)
All lawful actions of the interstate commission, including all rules and bylaws
promulgated by the interstate commission, are binding upon the compacting
states.
(b)
All agreements between the interstate commission and the compacting states are
binding in accordance with their terms.
(c)
Upon the request of a party to a conflict over the meaning or interpretation of
interstate commission actions, and upon a majority vote of the compacting
states, the interstate commission may issue advisory opinions regarding such
meaning or interpretation.
(d)
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 of that state to which such obligations, duties, powers,
or jurisdiction are delegated by law in effect at the time this compact becomes
effective.'
15-11-222.
Pursuant
to the compact, the Governor is authorized and empowered to designate an officer
who shall be the compact administrator and who, acting jointly with like
officers of other party states, shall promulgate rules and regulations to carry
out more effectively the terms of the compact. The compact administrator shall
serve subject to the pleasure of the Governor. The compact administrator is
authorized, empowered, and directed to cooperate with all departments, agencies,
and officers of and in the government of this state and its subdivisions in
facilitating the proper administration of the compact or of any supplementary
agreement or agreements entered into by this state under the
compact.
15-11-223.
Funds
appropriated to any department, division, or agency of this state may be
expended for the purpose of carrying out this article. Such department,
division, or agency, in all programs carried out pursuant to this article
involving allocation or expenditure of funds, shall be governed and controlled
by Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' and by any
appropriation acts and all other laws pertaining to the handling and expenditure
of state funds. Subject to this Code section, the compact administrator is
authorized to make or arrange to make any payments necessary to discharge any
financial obligations imposed upon this state by the compact or any
supplementary agreement entered into under the compact.
15-11-224.
The
courts, departments, agencies, and officers of this state and its subdivisions
shall enforce the compact and shall do all things appropriate to the
effectuation of its purposes and intent which may be within their respective
jurisdictions.
15-11-225.
In
addition to any procedure provided in the compact for the return of any runaway
juvenile, the particular states, the juvenile or his or her parents, the courts,
or other legal custodian involved may agree upon and adopt any other plan or
procedure legally authorized under the laws of this state and the other
respective party states for the return of any such runaway
juvenile.
15-11-226.
With
respect to The Interstate Compact for Juveniles set out in Code Section
15-11-221:
(1)
The Governor shall by executive order establish the initial composition, terms,
and compensation of the Georgia State Council for Interstate Juvenile
Supervision required by Article IX of that compact, with the Governor making the
appointments to those positions; except that any appointment to a position
representing the legislative branch shall be made jointly by the Speaker of the
House of Representatives and the Lieutenant Governor and any appointment to a
position representing the judicial branch shall be made by the Chief Justice of
the Supreme Court;
(2)
The Governor shall by executive order establish the qualifications, term, and
compensation of the compact administrator required by Article III of that
compact, with the state council making the appointment of the compact
administrator;
(3)
The Governor shall by executive order provide for any other matters necessary
for implementation of the compact at the time that it becomes effective;
and
(4)
Except as otherwise provided for in this Code section, the Board of Juvenile
Justice may promulgate rules or regulations necessary to implement and
administer the compact, subject to the provisions of Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'"
PART
II
SECTION 2-1.
SECTION 2-1.
Title
39 of the Official Code of Georgia Annotated, relating to minors, is amended by
repealing Chapter 3, relating to the Interstate Compact on Juveniles, and
designating said chapter as reserved.
SECTION
2-2.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by revising paragraph (3) of subsection (a) of Code Section 49-4A-7,
relating to the powers and duties of the Department of Juvenile Justice, as
follows:
"(3)
Provide casework services and care or payment of maintenance costs for children
and youths who have run away from their home communities within this state or
from their home communities in this state to another state or from their home
communities in another state to this state; pay the costs of returning such
runaway children and youths to their home communities; and provide such
services, care, or costs for runaway children and youths as may be required
under
Chapter 3
of Title 39
Article 7 of
Chapter 11 of Title 15;"
SECTION
2-3.
Said
title is further amended by revising subparagraph (a)(3)(D) of Code Section
49-5-8, relating to the powers and duties of the Department of Human Resources,
as follows:
"(D)
Providing casework services and care or payment of maintenance costs for
children and youths who have run away from their home communities within this
state, or from their home communities in this state to another state, or from
their home communities in another state to this state; paying the costs of
returning such runaway children and youths to their home communities; and
providing such services, care, or costs for runaway children and youths as may
be required under
Chapter 3
of Title 39
Article 7 of
Chapter 11 of Title 15;"
PART
III
SECTION 3-1.
SECTION 3-1.
(a)
Part I of this Act shall become effective on July 1, 2007, or upon enactment by
no fewer than 35 states of The Interstate Compact for Juveniles in substantially
the form set out in Part I of this Act, whichever occurs last. For purposes of
this subsection, the term "state" shall have the meaning provided by Part I of
this Act.
(b) The Governor is authorized and directed to renounce the compact provided by Code Section 39-3-2 by giving six months´ notice of withdrawal in accordance with Article XIV of said compact within 30 days after Part I of this Act has become effective as provided in subsection (a) of this section. In determining whether or not Part I of this Act has become effective as provided in subsection (a) of this section, the Governor is authorized to rely upon the written representation of the Council of State Governments.
(c) Part II of this Act shall become effective upon the effective date of the Governor´s withdrawal from the compact provided by Code Section 39-3-2 in accordance with subsection (b) of this section.
(d) Part III shall become effective on July 1, 2007.
(b) The Governor is authorized and directed to renounce the compact provided by Code Section 39-3-2 by giving six months´ notice of withdrawal in accordance with Article XIV of said compact within 30 days after Part I of this Act has become effective as provided in subsection (a) of this section. In determining whether or not Part I of this Act has become effective as provided in subsection (a) of this section, the Governor is authorized to rely upon the written representation of the Council of State Governments.
(c) Part II of this Act shall become effective upon the effective date of the Governor´s withdrawal from the compact provided by Code Section 39-3-2 in accordance with subsection (b) of this section.
(d) Part III shall become effective on July 1, 2007.
SECTION
3-2.
All
laws and parts of laws in conflict with this Act are repealed.