                                 CODE OF VIRGINIA

SHORT TITLE; GOVERNOR TO EXECUTE; FORM OF COMPACT (§ 53.1-176.2)

This article may be cited as &#8220;The Interstate Compact for the Supervision
of Adult Offenders.&#8221; The Governor shall execute, on behalf of the
Commonwealth, with any other state or states legally joining therein a compact
that shall be in form substantially as follows:		ARTICLE I.		PURPOSE.		The
Compacting States to this Interstate Compact recognize that each state is
responsible for the supervision of adult offenders in the community who are
authorized pursuant to the Bylaws and Rules of this compact to travel across
state lines both to and from each Compacting State in such a manner as to track
the location of offenders, transfer supervision authority in an orderly and
efficient manner, and when necessary return offenders to the originating
jurisdictions. 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 and the Interstate Commission created
hereunder, through means of joint and cooperative action among the Compacting
States: to provide the framework for the promotion of public safety and protect
the rights of victims through the control and regulation of the interstate
movement of offenders in the community; to provide for the effective tracking,
supervision, and rehabilitation of these offenders by the sending and receiving
states; and to equitably distribute the costs, benefits and obligations of the
Compact among the Compacting States. In addition, this Compact will: create an
Interstate Commission, which will establish uniform procedures to manage the
movement between states of adults placed under community supervision and
released to the community under the jurisdiction of courts, paroling
authorities, corrections or other criminal justice agencies and which will
promulgate rules to achieve the purpose of this Compact; ensure an opportunity
for input and timely notice to victims and to jurisdictions where defined
offenders are authorized to travel or to relocate across state lines; establish
a system of uniform data collection, access to information on active cases by
authorized criminal justice officials, and regular reporting of Compact
activities to heads of State Councils, state executive, judicial, and
legislative branches and criminal justice administrators; monitor compliance
with rules governing interstate movement of offenders and initiate interventions
to address and correct noncompliance; and coordinate training and education
regarding regulations of interstate movement of offenders for officials involved
in such activity.		The Compacting States recognize that there is no
&#8220;right&#8221; of any offender to live in another state and that duly
accredited officers of a sending state may at all times enter a receiving state
and there apprehend and retake any offender under supervision subject to the
provisions of this Compact and the Bylaws and Rules promulgated hereunder. 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
are therefore public business.		ARTICLE II.		DEFINITIONS.		As used in this
Compact, unless the context clearly requires a different construction:

1. &#8220;Adult&#8221; means both individuals legally classified as adults and
juveniles treated as adults by court order, statute, or operation of law.

2. &#8220;Bylaws&#8221; means those bylaws established by the Interstate
Commission for its governance, or for directing or controlling the Interstate
Commission&#8217;s actions or conduct.

3. &#8220;Compact Administrator&#8221; means the individual in each compacting
state appointed pursuant to the terms of this Compact responsible for the
administration and management of the state&#8217;s supervision and transfer of
offenders 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. &#8220;Compacting State&#8221; means any state that has enacted the enabling
legislation for this Compact.

5. &#8220;Commissioner&#8221; means the voting representative of each Compacting
State appointed pursuant to Article III of this Compact.

6. &#8220;Interstate Commission&#8221; means the Interstate Commission for Adult
Offender Supervision established by this Compact.

7. &#8220;Member&#8221; means the Commissioner of a Compacting State or
designee, who shall be a person officially connected with the Commissioner.

8. &#8220;Noncompacting State&#8221; means any State that has not enacted the
enabling legislation for this Compact.

9. &#8220;Offender&#8221; means an adult placed under, or subject to,
supervision as the result of the commission of a criminal offense and released
to the community under the jurisdiction of courts, paroling authorities,
corrections, or other criminal justice agencies.

10. &#8220;Person&#8221; means any individual, corporation, business enterprise,
or other legal entity, either public or private.

11. &#8220;Rules&#8221;  means acts of the Interstate Commission, duly
promulgated pursuant to Article VIII of this Compact, substantially affecting
interested parties in addition to the Interstate Commission, which shall have
the force and effect of law in the Compacting States.

12. &#8220;State&#8221; means a state of the United States, the District of
Columbia and any other territorial possessions of the United States.

13. &#8220;State Council&#8221; means the resident members of the State Council
for Interstate Adult Offender Supervision created by each State under Article
III of this Compact.
			ARTICLE III.			THE COMPACT COMMISSION.			The Compacting States hereby create
the &#8220;Interstate Commission for Adult Offender Supervision.&#8221; 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, including the power to sue
and be sued, 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.			The Interstate Commission shall
consist of Commissioners selected and appointed by resident members of a State
Council for Interstate Adult Offender Supervision for each State. 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 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 as it deems necessary.			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.
The Interstate Commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of 27 or more
Compacting States, shall call additional meetings. Public notice shall be given
of all meetings, and meetings shall be open to the public.			The Interstate
Commission shall establish an Executive Committee, which shall include
commission officers, members and others as shall be 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 or amendment to the Compact or both. The Executive
Committee oversees the day-to-day activities managed by the Executive Director
and Interstate Commission staff; administers enforcement and compliance with the
provisions of the Compact, its Bylaws and as directed by the Interstate
Commission and performs other duties as directed by Commission or set forth in
the Bylaws.			ARTICLE IV.			THE STATE COUNCIL.			Each member state shall create
a State Council for Interstate Adult Offender Supervision, which shall be
responsible for the appointment of the Commissioner who shall serve on the
Interstate Commission from that state. Each State Council shall appoint as its
Commissioner the Compact Administrator from that state to serve on the
Interstate Commission in such capacity under or pursuant to applicable law of
the member state. While each member 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&#8217;
groups and compact administrators. Each Compacting State retains the right to
determine the qualifications of the Compact Administrator who shall be appointed
by the State Council or by the Governor in consultation with the Legislature and
the Judiciary. In addition to appointment of its Commissioner to the national
Interstate Commission, each State Council shall exercise oversight and advocacy
concerning its participation in Interstate Commission activities and other
duties as may be determined by each member state including but not limited to,
development of policy concerning operations and procedures of the Compact within
that state.			ARTICLE V.			POWERS AND DUTIES OF THE INTERSTATE COMMISSION.			The
Interstate Commission shall have the following powers:

1. To adopt the seal and suitable Bylaws governing the management and operation
of the Interstate Commission.

2. To promulgate Rules, 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 offenders
subject to the terms of this Compact and any Bylaws adopted and Rules
promulgated by the Compact Commission.

4. To enforce compliance with Compact provisions, Interstate Commission Rules,
and Bylaws, using all necessary and proper means, including but not limited to,
the use of judicial process.

5. To establish and maintain offices.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, or contract for services of personnel, including, but not
limited to, members and their staffs.

8. To establish and appoint committees and hire staff that 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, consultants,
and to fix their compensation, define their duties and determine their
qualifications; and to establish the Interstate Commission&#8217;s personnel
policies and programs relating to, among other things, 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 same.

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 X of this Compact.

14. To sue and be sued.

15. To provide for dispute resolution among Compacting States.

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 offenders for officials involved in such activity.

19. To establish uniform standards for the reporting, collecting, and exchanging
of data.
			ARTICLE VI.			ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION.			Section A. Bylaws.			The Interstate Commission shall, by a
majority of the members, within 12 months of 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 reasonable standards and procedures: (i) for the establishment of
committees and (ii) 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 reasonable standards and procedures for the establishment of the
personnel policies and programs of the Interstate Commission. Notwithstanding
any civil service or other similar laws of any Compacting State, the Bylaws
shall exclusively govern the personnel policies and programs of the Interstate
Commission;

7. Providing a mechanism for winding up the operations of the Interstate
Commission and the equitable 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 or both;

8. Providing transition rules for &#8220;start up&#8221; administration of the
Compact; and

9. Establishing standards and procedures for compliance and technical assistance
in carrying out the Compact.
			Section B. Officers and Staff.			The Interstate Commission shall, by a
majority of the Members, elect from among its Members a chairperson and a vice
chairperson, each of whom shall have such authorities and duties as may be
specified in the Bylaws. The chairperson or, in his 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 actual and necessary
costs and expenses incurred by them in the performance of their duties and
responsibilities as officers of the Interstate Commission.			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, and hire and
supervise such other staff as may be authorized by the Interstate Commission,
but shall not be a member.			Section C. Corporate Records of the Interstate
Commission.			The Interstate Commission shall maintain its corporate books and
records in accordance with the Bylaws.			Section D. Qualified Immunity, Defense
and Indemnification.			The Members, officers, executive director and employees
of the Interstate Commission 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 or arising out of
any actual or alleged act, error or omission that occurred within the scope of
Interstate Commission employment, duties or responsibilities; provided, that
nothing in this paragraph shall be construed to protect any such person from
suit and/or liability for any damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of any such person. The Interstate
Commission shall defend the Commissioner of a Compacting State, or his
representatives or employees, or the Interstate Commission&#8217;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 wrongdoing on the part of such person.			The Interstate Commission
shall indemnify and hold the Commissioner of a Compacting State, the appointed
designee or employees, or the Interstate Commission&#8217;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 gross negligence or intentional wrongdoing on the part of
such person.			ARTICLE VII.			ACTIVITIES OF THE INTERSTATE COMMISSION.			The
Interstate Commission shall meet and take such actions as are consistent with
the provisions of this Compact. Except as otherwise provided in this Compact and
unless a greater percentage is required by the Bylaws, in order to constitute an
act of the Interstate Commission, such act shall have been taken at a meeting of
the Interstate Commission and shall have received an affirmative vote of a
majority of the Members present.			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 on behalf of the State and shall not
delegate a vote to another member State. However, a State Council shall appoint
another authorized representative, in the absence of the Commissioner from that
State, to case a vote on behalf of the member State at a specified meeting. The
Bylaws may provide for Members&#8217; participation in meetings by telephone or
other means of telecommunication or electronic communication. Any voting
conducted by telephone, or other means of telecommunication or electronic
communication shall be subject to the same quorum requirements of meetings where
Members are present in person.			The Interstate Commission shall meet at least
once during each calendar year. The chairperson of the Interstate Commission may
call additional meetings at any time and, upon the request of a majority of the
Members, shall call additional meetings.			The Interstate Commission&#8217;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. In
promulgating such Rules, the Interstate Commission may make available to law
enforcement agencies records and information otherwise exempt from disclosure,
and may enter into agreements with law-enforcement agencies to receive or
exchange information or records subject to nondisclosure and confidentiality
provisions.			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 shall promulgate Rules
consistent with the principles contained in the &#8220;Government in Sunshine
Act,&#8221; 5 U.S.C. &#xA7; 552b, as may be amended. 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&#8217;s internal personnel
practices and procedures;

2. Disclose matters specifically exempted from disclosure by statute;

3. Disclose trade secrets or commercial or financial information that is
privileged or confidential;

4. Involve accusing any person of a crime, or formally censuring any person;

5. Disclose information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;

6. Disclose investigatory 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 entity for the purpose of regulation or
supervision of such entity;

8. Disclose information, the premature disclosure of which would significantly
endanger the life of a person or the stability of a regulated entity; and

9. Specifically relate to the Interstate Commission&#8217;s issuance of a
subpoena, or its participation in a civil action or proceeding.
			For every meeting closed pursuant to this provision, the Interstate
Commission&#8217;s chief legal officer shall publicly certify that, in his
opinion, the meeting may be closed to the public, and shall reference each
relevant exemptive provision. The Interstate Commission shall keep minutes that
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 (reflected in the vote of each Member on the
question). All documents considered in connection with any action shall be
identified in such minutes.			The Interstate Commission shall collect
standardized data concerning the interstate movement of offenders as directed
through its Bylaws and Rules, which shall specify the data to be collected, the
means of collection and data exchange and reporting requirements.			ARTICLE
VIII.			RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.			The Interstate
Commission shall promulgate Rules in order to effectively and efficiently
achieve the purposes of the Compact including transition rules governing
administration of the Compact during the period in which it is being considered
and enacted by the States.			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 federal
Administrative Procedure Act, 5 U.S.C.S. &#xA7; 551 et seq., and the Federal
Advisory Committee Act, 5 U.S.C.S. app. 2, &#xA7; 1 et seq., as may be amended
(hereinafter APA). All Rules and amendments shall become binding as of the date
specified in each Rule or amendment.			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.			When promulgating a Rule, the
Interstate Commission shall:

1. Publish the proposed Rule stating with particularity the text of the Rule
that is proposed and the reason for the proposed Rule;

2. Allow persons to submit written data, facts, opinions and arguments, which
information shall be publicly available;

3. Provide an opportunity for an informal hearing; and

4. Promulgate a final Rule and its effective date, if appropriate, based on the
rulemaking record.
			Not later than 60 days after a Rule is promulgated, any interested person may
file a petition in the United States District Court of the District of Columbia
or in the Federal District Court where the Interstate Commission&#8217;s
principal office is located for judicial review of such Rule. If the court finds
that the Interstate Commission&#8217;s action is not supported by substantial
evidence, as defined in the APA, in the rulemaking record, the court shall hold
the Rule unlawful and set it aside.			Subjects to be addressed within 12 months
after the first meeting must at a minimum include:

1. Notice to victims and opportunity to be heard;

2. Offender registration and compliance;

3. Violations/returns;

4. Transfer procedures and forms;

5. Eligibility for transfer;

6. Collection of restitution and fees from offenders;

7. Data collection and reporting;

8. The level of supervision to be provided by the receiving state;

9. Transition rules governing the operation of the Compact and the Interstate
Commission during all or part of the period between the effective date of the
Compact and the date on which the last eligible State adopts the Compact; and

10. Mediation, arbitration and dispute resolution.
			The existing rules governing the operation of the previous compact superceded
by this Act shall be null and void 12 months after the first meeting of the
Interstate Commission created hereunder.			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, in no event later than 90 days after the
effective date of the rule.			ARTICLE IX.			OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION BY THE INTERSTATE COMMISSION.			Section A. Oversight.			The
Interstate Commission shall oversee the interstate movement of adult offenders
in the Compacting States and shall monitor such activities being administered in
Noncompacting States that may significantly affect Compacting States.			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&#8217;s purposes and intent. 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, the Interstate Commission 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.			The Compacting States shall report to the Interstate Commission on
issues or activities of concern to them, and cooperate with and support the
Interstate Commission in the discharge of its duties and responsibilities.			The
Interstate Commission shall attempt to resolve any disputes or other issues that
are subject to the Compact and may arise among Compacting States and
Noncompacting States.			The Interstate Commission shall enact a Bylaw or
promulgate a Rule providing for both mediation and binding dispute resolution
for disputes among the Compacting States.			Section C. Enforcement.			The
Interstate Commission, in the reasonable exercise of its discretion, shall
enforce the provisions of this Compact using any or all means set forth in
Article XII, Section B, of this Compact.			ARTICLE X.			FINANCE.			The
Interstate Commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization and ongoing activities.			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&#8217;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 the State and the volume of interstate movement
of offenders in each Compacting State and shall promulgate a Rule binding upon
all Compacting States, which governs said assessment.			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.			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
XI.			COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.			Any State, as defined
in Article II of this Compact, is eligible to become a Compacting State. 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, 2002, or upon enactment into law by the 35th
State. 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 will be invited to participate
in Interstate Commission activities on a nonvoting basis prior to adoption of
the Compact by all States and territories of the United States.			Amendments to
the Compact may be proposed by the Interstate Commission 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
XII.			WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT.			Section A.
Withdrawal.			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 (hereinafter Withdrawing State) by enacting a
statute specifically repealing the statute that enacted the Compact into
law.			The effective date of withdrawal is the effective date of the
repeal.			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&#8217;s intent to withdraw
within 60 days of its receipt thereof.			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.			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. Default.			If the Interstate Commission determines that
any Compacting State has at any time defaulted (hereinafter Defaulting State) in
the performance of any of its obligations or responsibilities under this
Compact, the Bylaws or any duly promulgated Rules the Interstate Commission may
impose any or all of the following penalties:

1. Fines, fees and costs in such amounts as are deemed to be reasonable as fixed
by the Interstate Commission;

2. Remedial training and technical assistance as directed by the Interstate
Commission;

3. Suspension and termination of membership in the Compact. Suspension shall be
imposed only after all other reasonable means of securing compliance under the
Bylaws and Rules have been exhausted. Immediate notice of suspension shall be
given by the Interstate Commission to the Governor, the Chief Justice or Chief
Judicial Officer of the state, the majority and minority leaders of the
defaulting state&#8217;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, Interstate Commission Bylaws, or duly promulgated Rules. The
Interstate Commission shall immediately notify the Defaulting State in writing
of the penalty imposed by the Interstate Commission on the Defaulting State
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, in addition to any other
penalties imposed herein, the Defaulting State may be terminated from the
Compact upon an affirmative vote of majority of the Compacting States and all
rights, privileges and benefits conferred by this Compact shall be terminated
from the effective date of suspension. 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 and the majority and
minority leaders of the Defaulting State&#8217;s legislature and the State
Council of such termination.			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.			The Interstate Commission shall not bear
any costs relating to the Defaulting State unless otherwise mutually agreed upon
between the Interstate Commission and the Defaulting State.			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 where the Interstate
Commission has its offices to enforce compliance with the provision of the
Compact, 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&#8217; fees.			Section D. Dissolution of Compact.			The Compact
dissolves effective upon the date of the withdrawal or default of the Compacting
State that reduces membership in the Compact to one Compacting State. 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 wound up and any surplus funds shall be distributed in
accordance with the Bylaws.			ARTICLE XIII.			SEVERABILITY AND
CONSTRUCTION.			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.			The provisions of this Compact
shall be liberally constructed to effectuate its purposes.			ARTICLE
XIV.			BINDING EFFECT OF COMPACT AND OTHER LAWS.			Section A. Other
Laws.			Nothing herein prevents the enforcement of any other law of a Compacting
State that is not inconsistent with this Compact.			All Compacting States&#8217;
laws conflicting with this Compact are superseded to the extent of the
conflict.			Section B. Binding Effect of the Compact.			All lawful actions of
the Interstate Commission, including all Rules and Bylaws promulgated by the
Interstate Commission, are binding upon the Compacting States.			All agreements
between the Interstate Commission and the Compacting States are binding in
accordance with their terms.			Upon the request of the 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.			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.

HISTORY: 2004, c. 407.