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
1An Act to amend
938.14; and to create
14.92, 15.145 (4), 20.410 (3) (d), 938.9985 2
and 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
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
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
14.92 of the statutes is created to read:
214.92 Interstate Commission for Juveniles.
There is created an Interstate 3
Commission for Juveniles as specified in s. 938.999 (3). The member of the 4
commission representing this state shall be the compact administrator, as defined 5
in 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 7
serve without compensation but shall be reimbursed from the appropriation account 8
under s. 20.410 (3) (a) for actual and necessary expenses incurred in the performance 9
of the commission member's duties. The commission shall have the powers, duties, 10
and responsibilities set forth in s. 938.999.
AB883, s. 2
15.145 (4) of the statutes is created to read:
15.145 (4) State board for interstate juvenile supervision.
There is created 13
a state board for interstate juvenile supervision, which is attached to the department 14
of corrections under s. 15.03. The board shall consist of 5 members appointed for 15
3-year terms. The governor shall comply with the requirements of s. 938.999 (9) 16
when appointing members of the board. The board shall have the powers, duties, and 17
responsibilities set forth under s. 938.999.
AB883, s. 3
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 19
the following amounts for the purposes indicated:
- See PDF for table
AB883, s. 4
20.410 (3) (d) of the statutes is created to read:
(d) Interstate Compact for Juveniles assessments.
The amounts in 3
the schedule to pay assessments levied by the interstate commission for juveniles 4
under s. 938.999 (8) (b).
AB883, s. 5
938.14 of the statutes is amended to read:
6938.14 Jurisdiction over interstate compact proceedings.
The court has 7
exclusive 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
938.9985 of the statutes is created to read:
11938.9985 Renunciation of Interstate Compact on Juveniles.
938.991 to 938.998 do not apply to a juvenile from this state who is located in another 13
state and who is a runaway, as described in s. 938.991 (4), an escapee or absconder, 14
as described in s. 938.991 (5), a probationer, person on extended supervision, or 15
parolee under the supervision of that other state, as described in s. 938.991 (7), or 16
a juvenile charged as being a delinquent, as described in s. 938.998, or to a juvenile 17
from another state who is located in this state and who is a runaway, as described 18
in s. 938.991 (4), an escapee or absconder, as described in s. 938.991 (5), a probationer, 19
person on extended supervision, or parolee under the supervision of this state, as
described in s. 938.991 (7), or a juvenile charged as being a delinquent, as described 2
in s. 938.998, if all of the following have occurred:
The Interstate Compact for Juveniles under s. 938.999 is in effect as 4
provided in s. 938.999 (10) (b).
Both this state and the other state are parties to the Interstate Compact for 6
Juveniles under s. 938.999.
Both this state and the other state have renounced the Interstate Compact 8
on Juveniles as provided under s. 938.991 (14).
AB883, s. 7
938.999 of the statutes is created to read:
10938.999 Interstate Compact for Juveniles. (1) Article I — Purpose.
The compacting states to this interstate compact recognize that each state is 12
responsible for the proper supervision or return of juveniles, delinquents, and status 13
offenders who are on probation or parole and who have absconded, escaped, or run 14
away from supervision and control and in so doing have endangered their own safety 15
and the safety of others. The compacting states also recognize that each state is 16
responsible for the safe return of juveniles who have run away from home and in 17
doing so have left their state of residence. The compacting states also recognize that 18
congress, by enacting the Crime Control Act, 4 USC 112
, has authorized and 19
encouraged compacts for cooperative efforts and mutual assistance in the prevention 20
(b) It is the purpose of this compact, through means of joint and cooperative 22
action among the compacting states, to do all of the following:
1. Ensure that the adjudicated juveniles and status offenders who are subject 24
to this compact are provided with adequate supervision and services in the receiving 25
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 2
of juvenile offenders, in both the sending and receiving states are adequately 3
3. Return juveniles who have run away, absconded, or escaped from supervision 5
or control or who have been accused of an offense to the state requesting their return.
4. Make contracts for the cooperative institutionalization in public facilities in 7
member states of delinquent youth needing special services.
5. Provide for the effective tracking and supervision of juveniles.
6. Equitably allocate the costs, benefits, and obligations of the compact among 10
the compacting states.
7. Establish procedures to manage the movement between states of juvenile 12
offenders who are released to the community under the jurisdiction of courts, 13
juvenile departments, or other criminal or juvenile justice agencies that have 14
jurisdiction over juvenile offenders.
8. Ensure that immediate notice is given to jurisdictions where defined 16
offenders are authorized to travel or to relocate across state lines.
9. Establish procedures to resolve pending charges or detainers against 18
juvenile offenders before transfer or release to the community under this compact.
10. Establish a system of uniform data collection of information pertaining to 20
juveniles who are subject to this compact that allows access by authorized juvenile 21
justice and criminal justice officials and a system of regular reporting of compact 22
activities to heads of state executive, judicial, and legislative branches and juvenile 23
and criminal justice administrators.
11. Monitor compliance with the rules governing the interstate movement of 25
juveniles and intervene to address and correct any noncompliance with those rules.