Transcript Slide 1

ICJ Commissioner
Training
Updated Jan 2010
Purpose
In this training, you will learn
― the responsibilities of a commissioner
― the day-to-day responsibilities of a commissioner
― how a Commissioner helps facilitate the Interstate
Compact for Juveniles in his/her own state
― how a Commissioner helps facilitate the National
Commission
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ICJ Background and History
• Original Juvenile Compact came about in 1955
• New Juvenile Compact written in 2000, enacted in
2008
• Law in 41 states with more to join (11/10/09)*
• Provides for the welfare and protection of juveniles
and the public
• Is the only legal process for returning runaways
• Promotes public safety and ensures effective
monitoring of juveniles moving across state lines
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ICJ Background and History - cont.
• Every jurisdiction within a member state is subject to
ICJ rules
• Commission has statutory authority to enforce
compliance
• Member states pay an annual assessment fee
• Establishes a State Council for member states
• Establishes uniform system for reporting, collecting &
exchanging data
• Rulemaking authority which has force and effect of
federal law
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National Structure
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ICJ Regions
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ICJ Organization & Structure
• The commission is a body corporate and joint agency
of the compacting states
• The commission consists of commissioners appointed by
the appropriate appointing authority in each state
• The commissioner is the compact administrator, deputy
compact administrator or designee from each state
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ICJ Organization & Structure – cont.
• Each commissioner (or their designee) has one vote
• The Interstate Commission includes non-commission
members that are members of interested
organizations
• All non-commission members are ex officio (nonvoting) members
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Ex Officio Membership
• Why does the compact mandate the participation
of ex officio members?
– Ensures that all interested parties with various
constituencies are represented in the commission
• Serves as principal liaison between the Commission
and the designated organization
• Serves in an advisory capacity to the Commission
• Is a non-voting member of the Commission
• ICJ Bylaws state who must be included as ex-officio
members
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Ex Officio Membership – cont.
• Ex officio membership must include
members of the national organizations of governors,
legislators, state chief justices, and attorneys general,
– Members of the Interstate Compact for Adult Offender
Supervision (ICAOS) and the Interstate Compact for the
Interstate Compact for the Placement of Children (ICPC)
– Juvenile justice and juvenile corrections officials,
– Victims’ rights advocates
–
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Ex Officio Membership – cont.
• Current ex-officio membership of the national commission –
updated January 2010
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American Probation and Parole Association (APPA)
Association of Administrators of the Interstate Compact on the Placement of
Children (AAICPC)
Association of Juvenile Compact Administrators (AJCA)
Council of Juvenile Correctional Administrators (CJCA)
Conference of State Court Administrators (COSCA)
International Association of Chiefs of Police (IACP)
Interstate Compact for Adult Offender Supervision (ICAOS)
National Association of Attorneys General (NAAG)
National Conference of State Legislatures (NCSL)
National Council of Juvenile and Family Court Judges (NCJFCJ) – pending
signed MOU
National Center for Victims of Crime (NCVC)
National Juvenile Detention Association (NJDA)
National Runaway Switchboard (NRS)
National Sheriffs’ Association (NSA)
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State Structure
• Provide a mechanism
for empowerment of
Compact process
• Assist in developing
Compact policy
• Determine
qualifications for
membership on
Council
• Appoint designee in
Commissioner’s
absense
Governor
Representative
Legislative
Representative
State Council
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Judicial
Representative
Victim’s Advocate
Compact
Administrator / Deputy
=
Commissioner
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Role of the
Commissioner
Commissioner Duties
• Participate on Commission Committees
• Train line officers, court administrators, prosecutors,
judiciary, etc.
• Act as a liaison between national office, state
compact office, and state council
• Ensure dues are paid within requirements set by
Commission
• Attend Regional meetings
• Attend Commission meetings
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Commissioner Duties – cont.
• Ensure appointment is in compliance with statute
• Ensure State Council is functioning with appropriate
appointed members
• Develop good working relationship with Judiciary
• Promote purpose and mission of Compact
• Ensure state operations are in compliance with
Compact provisions and rules
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Commissioner Duties – cont.
• Respond to requests, communication and surveys
from national office
• Request advisory opinions from Executive Director
within set guidelines (when necessary)
• Coordinate the implementation of Compact rules
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Organizing Compact Office
• Is there adequate staffing?
• Does the office have the resources it needs to
effectively carry out its duties?
• Are processes in place to ensure accountability?
• Is information being provided in a timely manner?
• What are the technology capabilities/needs of the
Compact Office?
• Have all compact staff received training?
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State Council Appointments
• The appointment process is often
cumbersome and lengthy.
• Take the initiative to recommend suitable
candidates for appointment who are
willing to serve, this may speed up the
appointment process.
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State Council Appointments – cont.
Factors to consider when recommending
appointments include:
– Is the candidate willing to serve on the
council?
– Does the candidate have a demonstrated
interest in the Compact process?
– Is the individual well known in the juvenile
justice community?
– Is the candidate influential?
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Tips for Commissioners
• Learn the process of budget appropriations
– Compact commissioners and compact staff should familiarize
themselves with the specific processes and procedures within
their state for requesting a budget appropriation
– Plan for annual dues assessments
• Be proactive in training, education and outreach initiatives
– Meet with compact staff to determine specific training and
education needs
• Comply with data reporting requirements
– Meet with compact staff to determine what types of
information should be collected and reported
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Tips for Commissioners – cont.
• Learn the procedures for transfer/supervision requests
– Study the ICJ Rules and consult with compact staff to ensure
compliance with the ICJ Rules
• Know the chain of communication within the compact
– When accessing legal counsel:
• Commissioners, Compact Administrators, Deputy Compact
Administrators, and all others engaged in the business of
the Compact shall access the legal counsel through the
Executive Director
– When accessing the Executive Director:
• Work must come through a Commissioner
• General questions may go directly to Executive Director
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Commission Resources
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Publications & Resources
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Probation & Parole Officer curriculum
Commissioner Handbook
Commissioner Training Presentation
Legal Training Curriculum & Presentation (in
development)
• State Council Presentation
• Bench Book for Judges & Court Personnel (in
development)
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National Office
Role of National Office
• Secretary/Clearinghouse to the Commission
– Documents
– Meeting Minutes
– Commission Business
• Resource Center
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Training Assistance
Publications
Website
Directory of States Compact Offices
Legal Assistance/Opinions
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National Office Duties
#1 Priority is to serve the Commission
• Assist Commission, Committees & Regions in
carrying out respective missions/goals
• Logistical support
– Teleconference/Web conference
– On-site Meetings/Trainings
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National Office Duties - cont.
• Assist States with the establishment and maintenance
of State Councils
• Provide training, reference manuals and on-site
assistance
• Live WebEx Training delivered live by a national trainer
to Compact staff, line officers, state council members,
etc.
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National Office Duties - cont.
• Collect statistical information pertaining to
juveniles subject to the Compact
• Assist in the interpretation of the Commission’s
rules and circulate to all member states
• Dispute resolution tracking
• Track information regarding rule infractions, useful
for validating and fine tuning the rules, improving
business processes and targeting training needs
• Assist in policy development
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Technical Assistance
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Administer the Commission’s website
Collect transfer data and statistics
Manage national database project
Use additional technologies
– Surveys
– Reports
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National Office Contact Information
• The Interstate Commission for Juveniles
2760 Research Park Drive
P.O. Box 11910
Lexington, KY 40578-1910
www.juvenilecompact.org
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Liability, Qualified
Immunity and Defense
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Status of Public Employees
• In the public employment context, the issue of
immunity and liability are controlled by the types of
acts undertaken.
• Most public employees think they are immune
from suit by the ancient principle of sovereign
immunity. They are not.
• Depending upon the state, sovereign immunity
may have only limited application and offer only
limited protection.
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Types of Public Acts
Generally two categories:
 Discretionary: acts in which the public employee
has the freedom to exercise good judgment
and care in carrying out an act. These acts are
not mandatory in the sense of imposing an
affirmative duty
 Ministerial: acts that a public employee is
required by law to fulfill. Most often these acts
are defined by “shall”; they impose a
mandatory duty without regard to discretion
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Liability
• Generally, public employees are immune from suit
for discretionary acts. The failure to exercise
discretion as a plaintiff might desire IS NOT grounds
for liability. For example, the decision to parole
someone is usually a discretionary act. However,
the conduct must not violate the principle of
“reasonableness” and clearly established statutory
or constitutional rights.
• Generally, public employees are not immune from
suit for failing to fulfill a ministerial act and may be
personally liable. For example, a probation plan
that mandates a minimum of five meetings a
month imposes a ministerial duty.
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Liability – cont.
• ICJ Liability for commissioners/designees does not
exceed the limits of liability set forth under the
Constitution and laws of that state for state
officials, employees, and agents.
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Judicial Immunity
• Important only in the context of probation;
generally no application to the parole setting.
• Judicial immunity provides “judicial officers” with
immunity for their JUDICIAL actions.
• NOTE: Not even judges have absolute judicial
immunity for non-judicial, administrative actions.
Judges may be subject to liability for administrative
actions, i.e. employment decisions, and such
liability may extend to federal civil rights law.
42 U.S.C. 1983
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Judicial Immunity &
Probation Officers
• Example, probation officers may have qualified judicial immunity in
preparing a pre-sentence investigation report because this is integral to
a judge exercising judicial power in a case.
Acevedo v. Pima Cty. Adult Probation, 142 Ariz 319 (1984).
• Whether immunity applies in a particular case must be determined by
examining the nature of the function, the class of officials to whom it
has been entrusted, and the effect to which exposure to liability would
have on the proper exercise of the functions. Officials seeking
exemptions from personal liability have the burden of showing that such
exemption is justified by overriding considerations of public policy.
Forester v. White, 484 U.S. 219 (1988)
• Generally, probation officers are cloaked with qualified (not absolute)
judicial immunity; that is, limited to actions that are integral to the
judicial process.
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Defense & Indemnification*
Section 2 - Defense
• The Commission will defend a commissioner/representative in
an civil action seeing to impose liability, on the condition that
the alleged act or error did result from gross negligence or
intentional wrongdoing on behalf of that person.
Section 3 - Indemnification
• The Commission indemnifies the Commissioner and
representative employees harmless in the amount of any
settlement arising from such alleged act that occurred within
the scope of Commission employment; provided that the
person had reasonable basis for their actions and did not
result from gross negligence or intentional wrongdoing.
*From ICJ Bylaws
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Limits on Litigation
What are the limitations, if any, on the ability of the
commissioner to sue member states (injunctive as well
as mandatory relief)?
• Answer: No unilateral authority is given to an
individual commissioner to sue another state.
– Only the National Commission with a majority vote can
take legal action against a member state
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Role of Executive
Committee
Executive Committee
• Oversees the day-to-day activities of the
administration of the compact managed by an
executive director and Interstate Commission staff
• Administers enforcement and compliance with the
provisions of the compact, its bylaws and rules
• Performs other duties as directed by the Interstate
Commission or as set forth in the bylaws
• The Executive Committee has monthly
teleconference meetings the 4th Thursday of every
month
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Executive Committee
• Acts on behalf of the Commission during periods
when the Commission is not in session; with the
exception of having rulemaking authority and/or
power to amend the Compact.
• Members include:
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Chairperson
Vice-Chairperson
Treasurer
Regional Representative (East, South Mid-West, and West)
Committee Chairs (Appointed by the Chairperson)
Ex Officio Victims Representative
Ex Officio Previous Chairperson
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Role of the Executive Committee
• Executive Committee members are charged with
the responsibility to manage the Commission in the
same manner in which other national not-for-profit
organizations are administrated.
• Areas of responsibility include:
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Budget
Staff appointments and retention
Physical infrastructure
Long range planning
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List of ICJ Committees
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Executive Committee
Finance Committee
Training, Education and Public Relations Committee
Information and Technology Committee
Rules Committee
Compliance Committee
Ad hoc committees
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Committee Descriptions
Executive Committee
• Responsible for guiding and overseeing the administration of
all Commission activities and for acting on behalf of the
Commission, as permitted by the Compact, during the
interim between Commission meetings
Finance Committee
• Responsible for monitoring the Commission’s budget and
financial practices, including the collection and expenditure
of Commission revenues, and for developing
recommendations for the Commission’s consideration as
appropriate
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Committee Descriptions – cont.
Training, Education and Public Relations Committee
• Develops educational resources and training materials for
use in the member states to help ensure compliance with
the Compact and the Commission’s rules
Information and Technology Committee
• Identifies, develops and recommends appropriate IT
resources to facilitate the tracking of juveniles and the
administration of Commission activities
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Committee Descriptions – cont.
Rules Committee
• Administers the Commission’s rulemaking procedures and
assists in drafting proposed rules for the Commission’s
consideration as appropriate
Compliance Committee
• Monitors the compliance of member states with the terms of
the Compact and the Commission’s rules and develops
appropriate enforcement procedures for the Commission’s
consideration
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Committee Descriptions – cont.
Ad Hoc Committees
• Formed for a one time purpose to deal with a particular issue
and are disbanded after the issue is resolved
• Provide stop gap or temporary measures to solve problems
that are not resolved by ordinary processes of the
Commission.
• Ad Hoc Committees of the Commission:
• Sex Offender Ad Hoc Committee, 2010
• Probable Cause Ad Hoc Committee, 2010
• ICPC Ad Hoc Committee, 2010
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Regional Representatives
• Are elected every two years by a plurality vote of
the commissioners of each region
• Shall serve for two years or until a successor is
elected by the commissioners of that region
• Are members of the Executive Committee
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Finance Committee
Finance Committee Members
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Lisa Bjergaard (ND), Chair
Dennis Casarona (KS), Treasurer
Paul Gibson (KY)
Beth Meng (LA)
Gloria Soja (MT)
Susan Morris (OK)
Philip Cox (OR)
Alicia Ehlers (ID), Ex Officio
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Finance Committee Duties
• With the assistance of the Executive Director, the
Treasurer shall act as custodian of all Commission
funds
• Responsible for monitoring the administration of all
fiscal policies
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Finance Reports
• The Executive Director shall submit financial reports
to the Treasurer and Executive Committee.
• The Executive Committee approves the budget
presented by the Executive Director.
• The Treasurer presents the budget to the
Commission at the annual business meeting.
• Fiscal year is July 1- June 30.
• Executive Director shall submit invoices to the
states for dues prior to the beginning of each
state’s fiscal year.
• The Commission shall be audited each year.
• The Council of State Government performs all
accounting functions for the Commission.
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Dues Formula
State Population
US Population
+
Offenders
transferred In &
Out of state
Total US Offenders
Transferred
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Commission Dues
• Based on formula developed by the Commission at
the Inaugural Meeting in December 2008
• Payable upon receipt of invoice from National
Office
• State dues range from $12K to $37K
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Training, Education &
Public Relations
Committee
Training Committee Members
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Jean Hall, Chair (FL)
Barbara Murray (AK)
Pat Pendergast (AL)
Susan Burns(DE)
Beth Meng (LA)
Sherry Jones (MD)
Julie Hawkins (MO)
Gloria Soja (MT)
Dawne Gannon (SC)
Sherry Bolden Rivers (TN)
Letta Porter Jones (VA)
Maria Genca (CT) Ex Officio
Michele Huntley (DE) Ex Officio
Pablo Sedillo (AZ) Ex Officio
Rachel Rios (CA) Ex Officio
Maureen Blaha (NRS) Ex Officio
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Types of Training
• On-Site (facilitated) Training
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Probation & Parole Officers/Compact Staff
Commissioners
Ex-Officio members
State Council members
Judicial members
Workshop/Conference
• Training resources coming soon
– WebEx On-Demand Training Modules
– WebEx Online Training
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Requesting Training
Technical and Training Assistance Policy:
• Commissioner makes written request to Executive
Director
• Executive Director consults with Training Chair to
approve request
• If approved, the national office assists with
scheduling and coordinating training
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Information and
Technology Committee
IT Committee Members
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Ray Wahl (UT), Chair
Mike Branham (AZ)
Paul Gibson (KY)
Dale Dodd (NM)
Susan Morris (OK)
Terry Clark (PA)
Shelley Hagan (WI)
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Pablo Sedillo (AZ), Ex Officio
Rachel Rios (CA), Ex Officio
Alicia Ehlers (ID), Ex Officio
Helen Killian (OK), Ex Officio
Clarence Powell (MS), Ex Officio
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IT Committee
• Identifies and develops appropriate information
technology resources to facilitate the tracking of
juveniles and the administration of Commission
activities
• Helps establish uniform standards of tracking and
data collection
• Oversees the Commission’s website
• Develops recommendations for the Commission’s
consideration as appropriate
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Rules Committee
Rules Committee Members
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Gary Hartman (WY), Chair
Judy Miller (AR)
Kurt Wilson (CA)
Sharon Harringfeld (ID)
Billie Greer (IL)
Julie Hawkins (MO)
Fernando Serrano (NV)
Traci Marchand (NC)
Kevin McKenna (RI)
Lisa Bjergaard (ND)
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Terry Clark (PA)
Letta Porter Jones (VA)
Cheryl Sullivan-Colglazier (WA)
Mike Lacy (WV)
Dawn Melzo (WA), Ex Officio
Andy Snook (ID), Ex Officio
Molli Davis (NV), Ex Officio
Helen Killian (OK), Ex Officio
Carol Gillespie (OR), Ex Officio
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Proposing New Rules or Changes
Rule 7-101
• Proposed new rules or amendments to the rules shall
be adopted by majority vote of the members of the
Commission in the following manner:
– Any ICJ Commissioner or Designee may submit proposed rules
or amendments for referral to the Rules Committee during the
annual meeting of the Commission.
– Standing ICJ Committees may propose rules or amendments
by a majority vote of that committee.
– ICJ Regions may propose rules or amendments by a majority
vote of members of that region.
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Rulemaking Process
• Rulemaking shall substantially conform to the
principles of the “Model State Administrative
Procedures Act,” 1981 Act, Uniform Laws
Annotated, Vol. 15, p. 1 (2000)
• When promulgating a rule, the Commission must:
– Publish the text and reason for the proposed rule
– Allow written comment, to be publicly available
– Provide opportunity for an informal hearing if petitioned
by 10 or more people
– Promulgate final rule and effective date, based on input
from state or local officials, or interested parties
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Rulemaking Process –cont.
• Emergency rulemaking procedure available
• Judicial review available in federal district court, upon
a timely petition (within 60 days of promulgation)
• Commission rules must be adopted in a manner that is
substantially similar to the process of the Administrative
Procedures Act
• Once adopted, the rules have the force and effect of
statutory law and supersede any inconsistent state laws
• Majority of state legislatures can reject a proposed rule
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Compliance Committee
Compliance Committee Members
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Summer Foxworth (CO), Chair
Barbara Murray (AK)
Sharon Harrigfeld (ID)
Dennis Casarona (KS)
Mark Boger (ME)
Michael Ruedisale (MI)
Gloria Soja (MT)
Nancy Allard (SD)
Carol Gillespie (OR), Ex Officio
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Compliance Committee Authority
• Compliance Committee has the authority:
– to monitor member states’ compliance with the
terms of the Compact and the Commission’s
rules.
– to develop appropriate enforcement
procedures for the Commission’s consideration
including:
• Initiating interventions to address and correct noncompliance
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Dispute Resolution
RULE 8-101
1.Informal Communication – States must first attempt to
resolve disputes with each other by communicating
through their respective commissioners
2.Formal Dispute Resolution – Following a documented
unsuccessful attempt to resolve controversies or
disputes, parties shall submit a written request to
Executive Director for assistance.
–
The Executive Director/Executive Committee may seek the
assistance of legal counsel during formal dispute resolution
or authorize a standing committee to assist.
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Advisory Opinions –
Interpretation of Rules
Rule 8-101.3
• Any state may submit an informal written request to
the Executive Director for assistance in interpreting
the rules of this Compact.
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Enforcement Actions Against
Defaulting States
• The Commission has the authority to enforce the
compact and its rules.
• Penalties which may be imposed on defaulting
states:
– Remedial training and technical assistance
– Alternative dispute resolution
– Fines, fees, and costs in such amounts as are deemed to
be reasonable by the Commission
– Suspension and termination of membership in the
Compact
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Judicial Enforcement
• By majority vote of the Commission, legal action
may be initiated to enforce compliance against a
compacting state
• In the event of judicial enforcement, the prevailing
party shall be awarded all costs of such litigation
including reasonable attorneys’ fees
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Closing Comments
• Familiarize yourself with ICJ Rules, Bylaws, and your
state statute
• Know the ICJ protocol for communication
between states.
• Collaborate with your state council and ICJ
committees
• Utilize the national office for assistance, education,
and training
• Ultimately the Commissioner is responsible for
overseeing the Compact in each state
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Questions?
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Contact Information
National Office
Interstate Commission for Juveniles
PO Box 11910
Lexington, KY 40578
(859) 244-8029
(859) 244-8001 fax
www.juvenilecompact.org
Interim Commission Website:
http://www.csg.org/programs/policyprograms/NCIC/
interstateCommission_juveniles.aspx
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