2003 - 2004 LEGISLATURE
February 23, 2004 - Introduced by Representatives Bies, Albers, Hahn, Hines,
Hundertmark, McCormick, Musser, Seratti, Van Roy
and Vrakas,
cosponsored by Senator Zien. Referred to Committee on Corrections and the
AB883,1,2 1An Act to amend 938.14; and to create 14.92, 15.145 (4), 20.410 (3) (d), 938.9985
2and 938.999 of the statutes; relating to: the Interstate Compact for Juveniles.
Analysis by the Legislative Reference Bureau
Under current law, the Interstate Compact on Juveniles provides procedures
for the return to their home state of juveniles located in another state who are
runaways, escapees from institutional custody, or absconders from supervision or
from a charge of being a delinquent.
This bill creates a new Interstate Compact for Juveniles that becomes effective
when 35 states enact the compact. Under the compact:
1. There is created a five-member State Board for Interstate Juvenile
Supervision (state board), attached to the Department of Corrections, composed of
the compact administrator, the deputy compact administrator, or a designee; one
representative from the legislative, judicial, and executive branches of government;
and one representative of victims groups. The state board advises and exercises
oversight and advocacy concerning the state's participation in the activities of the
Interstate Commission for Juveniles, created under the bill, and exercises other
duties as may be determined by the state, including the development of policy
concerning the operations and procedures of the compact in this state.
2. There is created an Interstate Commission for Juveniles (interstate
commission) composed of a commissioner from each of the compacting states. The
commissioner for a compacting state shall be the compact administrator, the deputy
compact administrator, or a designee from that compacting state. Each compacting
state has one vote on the interstate commission. Under the bill, the interstate

commission has various powers and duties, including the power and duty to do all
of the following:
a. Oversee, supervise, and coordinate the interstate movement of juveniles who
are subject to the compact.
b. Provide for dispute resolution among compacting states and between
compacting states and noncompacting states.
c. Levy assessments against compacting states to cover the costs of its
operations and activities, taking into consideration the population of each
compacting state and the volume of interstate movement of juveniles in each
compacting state.
d. Report annually to the compacting states concerning the activities of the
interstate commission in the preceding year.
3. The executive director, employees, and representatives of the interstate
commission are immune from liability for any damages resulting from an act, error,
or omission that occurred within the scope of the interstate commission employment,
duties, or responsibilities, and the liability of a commissioner from a compacting
state, or an employee or agent of that commissioner, for any act, error, or omission
may not exceed the limits of liability specified under the constitution and laws of the
compacting state. The commission is required to defend, indemnify, and hold
harmless the executive director, an employee, and a representative of the interstate
commission, and, subject to the approval of the attorney general of a compacting
state, a commissioner, or an employee or agent of that commissioner, who is sued in
a civil action related to an act, error, or omission that occurred within the scope of the
interstate commission employment, duties, or responsibilities.
4. The interstate commission may adopt rules that are binding on the
compacting states. A majority of the legislatures of the compacting states may reject
a rule. If that is done, the rule has no effect in any of the compacting states.
5. A state may withdraw from the compact by repealing the statute that created
the compact.
6. If a compacting state fails to perform any of the state's obligations under the
compact, the interstate commission may impose on the defaulting state remedial
training and technical assistance, alternate dispute resolution, monetary penalties,
or suspension or termination of the state's membership in the compact and may
enforce compliance with the compact by bringing legal action in federal court against
the defaulting state.
7. All lawful actions of the interstate commission, including all rules
promulgated by the interstate commission and agreements between the interstate
commission and the states, are binding on the compacting states, except that, if a
provision of the compact exceeds a limit imposed by a state constitution, that
provision is ineffective.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB883, s. 1 1Section 1. 14.92 of the statutes is created to read:
AB883,3,10 214.92 Interstate Commission for Juveniles. There is created an Interstate
3Commission for Juveniles as specified in s. 938.999 (3). The member of the
4commission representing this state shall be the compact administrator, as defined
5in s. 938.999 (2) (c), the deputy compact administrator, as defined in s. 938.999 (2)
6(f), or a designee, as specified in s. 938.999 (3) (b). The commission member shall
7serve without compensation but shall be reimbursed from the appropriation account
8under s. 20.410 (3) (a) for actual and necessary expenses incurred in the performance
9of the commission member's duties. The commission shall have the powers, duties,
10and responsibilities set forth in s. 938.999.
AB883, s. 2 11Section 2. 15.145 (4) of the statutes is created to read:
AB883,3,1712 15.145 (4) State board for interstate juvenile supervision. There is created
13a state board for interstate juvenile supervision, which is attached to the department
14of corrections under s. 15.03. The board shall consist of 5 members appointed for
153-year terms. The governor shall comply with the requirements of s. 938.999 (9)
16when appointing members of the board. The board shall have the powers, duties, and
17responsibilities set forth under s. 938.999.
AB883, s. 3 18Section 3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
19the following amounts for the purposes indicated: - See PDF for table PDF
AB883, s. 4 1Section 4. 20.410 (3) (d) of the statutes is created to read:
AB883,4,42 20.410 (3) (d) Interstate Compact for Juveniles assessments. The amounts in
3the schedule to pay assessments levied by the interstate commission for juveniles
4under s. 938.999 (8) (b).
AB883, s. 5 5Section 5. 938.14 of the statutes is amended to read:
AB883,4,9 6938.14 Jurisdiction over interstate compact proceedings. The court has
7exclusive jurisdiction over proceedings under the interstate compact for juveniles
8Interstate Compact on Juveniles under s. 938.991 and over proceedings under the
9Interstate Compact for Juveniles under s. 938.999
AB883, s. 6 10Section 6. 938.9985 of the statutes is created to read:
AB883,5,2 11938.9985 Renunciation of Interstate Compact on Juveniles. Sections
12938.991 to 938.998 do not apply to a juvenile from this state who is located in another
13state and who is a runaway, as described in s. 938.991 (4), an escapee or absconder,
14as described in s. 938.991 (5), a probationer, person on extended supervision, or
15parolee under the supervision of that other state, as described in s. 938.991 (7), or
16a juvenile charged as being a delinquent, as described in s. 938.998, or to a juvenile
17from another state who is located in this state and who is a runaway, as described
18in s. 938.991 (4), an escapee or absconder, as described in s. 938.991 (5), a probationer,
19person on extended supervision, or parolee under the supervision of this state, as

1described in s. 938.991 (7), or a juvenile charged as being a delinquent, as described
2in s. 938.998, if all of the following have occurred:
AB883,5,4 3(1) The Interstate Compact for Juveniles under s. 938.999 is in effect as
4provided in s. 938.999 (10) (b).
AB883,5,6 5(2) Both this state and the other state are parties to the Interstate Compact for
6Juveniles under s. 938.999.
AB883,5,8 7(3) Both this state and the other state have renounced the Interstate Compact
8on Juveniles as provided under s. 938.991 (14).
AB883, s. 7 9Section 7. 938.999 of the statutes is created to read:
AB883,5,20 10938.999 Interstate Compact for Juveniles. (1) Article I — Purpose. (a)
11The compacting states to this interstate compact recognize that each state is
12responsible for the proper supervision or return of juveniles, delinquents, and status
13offenders who are on probation or parole and who have absconded, escaped, or run
14away from supervision and control and in so doing have endangered their own safety
15and the safety of others. The compacting states also recognize that each state is
16responsible for the safe return of juveniles who have run away from home and in
17doing so have left their state of residence. The compacting states also recognize that
18congress, by enacting the Crime Control Act, 4 USC 112, has authorized and
19encouraged compacts for cooperative efforts and mutual assistance in the prevention
20of crime.
AB883,5,2221 (b) It is the purpose of this compact, through means of joint and cooperative
22action among the compacting states, to do all of the following:
AB883,5,2523 1. Ensure that the adjudicated juveniles and status offenders who are subject
24to this compact are provided with adequate supervision and services in the receiving
25state as ordered by the adjudicating judge or parole authority in the sending state.
12. Ensure that the public safety interests of the citizens, including the victims
2of juvenile offenders, in both the sending and receiving states are adequately
AB883,6,54 3. Return juveniles who have run away, absconded, or escaped from supervision
5or control or who have been accused of an offense to the state requesting their return.
AB883,6,76 4. Make contracts for the cooperative institutionalization in public facilities in
7member states of delinquent youth needing special services.
AB883,6,88 5. Provide for the effective tracking and supervision of juveniles.
AB883,6,109 6. Equitably allocate the costs, benefits, and obligations of the compact among
10the compacting states.
AB883,6,1411 7. Establish procedures to manage the movement between states of juvenile
12offenders who are released to the community under the jurisdiction of courts,
13juvenile departments, or other criminal or juvenile justice agencies that have
14jurisdiction over juvenile offenders.
AB883,6,1615 8. Ensure that immediate notice is given to jurisdictions where defined
16offenders are authorized to travel or to relocate across state lines.
AB883,6,1817 9. Establish procedures to resolve pending charges or detainers against
18juvenile offenders before transfer or release to the community under this compact.
AB883,6,2319 10. Establish a system of uniform data collection of information pertaining to
20juveniles who are subject to this compact that allows access by authorized juvenile
21justice and criminal justice officials and a system of regular reporting of compact
22activities to heads of state executive, judicial, and legislative branches and juvenile
23and criminal justice administrators.
AB883,6,2524 11. Monitor compliance with the rules governing the interstate movement of
25juveniles and intervene to address and correct any noncompliance with those rules.