AB41: Bill Text

LRB-1050/1

GMM:jld:pg

2005 - 2006 LEGISLATURE

2005 Assembly BILL 41

January 25, 2005 - Introduced by Representatives Bies, Ainsworth, Gronemus, Krawczyk, F. Lasee, Lehman, Musser, Ott, Townsend and Van Roy, cosponsored by Senators Zien, A. Lasee and Lassa. Referred to Committee on Corrections and the Courts.

AB41,1,2 An Act to amend 938.14; and to create 14.92, 15.145 (4), 20.410 (3) (d), 938.9985 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 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:

AB41, s. 1 Section 1. 14.92 of the statutes is created to read:

AB41,3,10 14.92 Interstate Commission for Juveniles. There is created an Interstate Commission for Juveniles as specified in s. 938.999 (3). The member of the commission representing this state shall be the compact administrator, as defined in s. 938.999 (2) (c), the deputy compact administrator, as defined in s. 938.999 (2) (f), or a designee, as specified in s. 938.999 (3) (b). The commission member shall serve without compensation but shall be reimbursed from the appropriation account under s. 20.410 (3) (a) for actual and necessary expenses incurred in the performance of the commission member's duties. The commission shall have the powers, duties, and responsibilities set forth in s. 938.999.

AB41, s. 2 Section 2. 15.145 (4) of the statutes is created to read:

AB41,3,17 15.145 (4) State board for interstate juvenile supervision. There is created a state board for interstate juvenile supervision, which is attached to the department of corrections under s. 15.03. The board shall consist of 5 members appointed for 3-year terms. The governor shall comply with the requirements of s. 938.999 (9) when appointing members of the board. The board shall have the powers, duties, and responsibilities set forth under s. 938.999.

AB41, s. 3 Section 3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB41, s. 4 Section 4. 20.410 (3) (d) of the statutes is created to read:

AB41,4,4 20.410 (3) (d) Interstate Compact for Juveniles assessments. The amounts in the schedule to pay assessments levied by the interstate commission for juveniles under s. 938.999 (8) (b).

AB41, s. 5 Section 5. 938.14 of the statutes is amended to read:

AB41,4,9 938.14 Jurisdiction over interstate compact proceedings. The court has exclusive jurisdiction over proceedings under the interstate compact for juveniles Interstate Compact on Juveniles under s. 938.991 and over proceedings under the Interstate Compact for Juveniles under s. 938.999.

AB41, s. 6 Section 6. 938.9985 of the statutes is created to read:

AB41,5,2 938.9985 Renunciation of Interstate Compact on Juveniles. Sections 938.991 to 938.998 do not apply to a juvenile from this state who is located in another state and who is a runaway, as described in s. 938.991 (4), an escapee or absconder, as described in s. 938.991 (5), a probationer, person on extended supervision, or parolee under the supervision of that other state, as described in s. 938.991 (7), or a juvenile charged as being a delinquent, as described in s. 938.998, or to a juvenile from another state who is located in this state and who is a runaway, as described in s. 938.991 (4), an escapee or absconder, as described in s. 938.991 (5), a probationer, 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 in s. 938.998, if all of the following have occurred:

AB41,5,4 (1) The Interstate Compact for Juveniles under s. 938.999 is in effect as provided in s. 938.999 (10) (b).

AB41,5,6 (2) Both this state and the other state are parties to the Interstate Compact for Juveniles under s. 938.999.

AB41,5,8 (3) Both this state and the other state have renounced the Interstate Compact on Juveniles as provided under s. 938.991 (14).

AB41, s. 7 Section 7. 938.999 of the statutes is created to read:

AB41,5,20 938.999 Interstate Compact for Juveniles. (1) Article I — Purpose. (a) 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 the U.S. Congress, by enacting the Crime Control Act, 4 USC 112, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

AB41,5,22 (b) It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to do all of the following:

AB41,5,25 1. Ensure that the adjudicated juveniles and status offenders who are subject to this compact are provided with adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state.

AB41,6,3 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.

AB41,6,5 3. Return juveniles who have run away, absconded, or escaped from supervision or control or who have been accused of an offense to the state requesting their return.

AB41,6,7 4. Make contracts for the cooperative institutionalization in public facilities in member states of delinquent youth needing special services.

AB41,6,8 5. Provide for the effective tracking and supervision of juveniles.

AB41,6,10 6. Equitably allocate the costs, benefits, and obligations of the compact among the compacting states.

AB41,6,14 7. Establish procedures to manage the movement between states of juvenile offenders who are released to the community under the jurisdiction of courts, juvenile departments, or other criminal or juvenile justice agencies that have jurisdiction over juvenile offenders.

AB41,6,16 8. Ensure that immediate notice is given to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.

AB41,6,18 9. Establish procedures to resolve pending charges or detainers against juvenile offenders before transfer or release to the community under this compact.

AB41,6,23 10. Establish a system of uniform data collection of information pertaining to juveniles who are subject to this compact that allows access by authorized juvenile justice and criminal justice officials and a system of regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators.

AB41,6,25 11. Monitor compliance with the rules governing the interstate movement of juveniles and intervene to address and correct any noncompliance with those rules.

AB41,7,2 12. Coordinate training and education regarding the regulation of the interstate movement of juveniles for officials who are involved in that activity.

AB41,7,7 13. Coordinate the implementation and operation of this compact with the Interstate Compact on the Placement of Children under ss. 48.988 and 48.989, the Interstate Compact for Adult Offender Supervision under s. 304.16, and other compacts affecting juveniles, particularly in those cases in which concurrent or overlapping supervision issues arise.

AB41,7,12 (c) 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 with each other and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles who are subject to this compact.

AB41,7,14 (d) The compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

AB41,7,15 (2) Article II — Definitions. In this section:

AB41,7,17 (a) "Bylaws" means the bylaws established by the interstate commission for its governance or for directing or controlling its actions or conduct.

AB41,7,19 (b) "Commissioner" means the voting representative of each compacting state appointed under sub. (3) (b).

AB41,7,23 (c) "Compact administrator" means the person appointed under this compact in each compacting state who is responsible for the administration and management of the state's supervision and transfer of juveniles who are subject to this compact, the rules, and the policies adopted by the state board under this compact.

AB41,7,25 (d) "Compacting state" means a state that has enacted the enabling legislation for this compact.

AB41,8,2 (e) "Court" means a court having jurisdiction over delinquent, neglected, or dependent juveniles.

AB41,8,7 (f) "Deputy compact administrator" means the person, if any, appointed in each compacting state to act on behalf of a compact administrator in the administration and management of the state's supervision and transfer of juveniles who are subject to this compact, the rules, and the policies adopted by the state board under this compact.

AB41,8,9 (g) "Interstate commission" means the interstate commission for juveniles established under sub. (3) (a).

AB41,8,11 (h) "Juvenile" means a person who is defined as a juvenile under the law of any compacting state or by the rules, including all of the following:

AB41,8,14 1. An accused delinquent. For purposes of this subdivision, "accused delinquent" means a person who is charged with an offense that, if committed by an adult, would be a criminal offense.

AB41,8,17 2. An adjudicated delinquent. For purposes of this subdivision, "adjudicated delinquent" means a person who has been found to have committed an offense that, if committed by an adult, would be a criminal offense.

AB41,8,20 3. An accused status offender. For purposes of this subdivision, "accused status offender" means a person who is charged with an offense that would not be a criminal offense if committed by an adult.

AB41,8,23 4. An adjudicated status offender. For purposes of this subdivision, "adjudicated status offender" means a person who has been found to have committed an offense that would not be a criminal offense if committed by an adult.

AB41,9,3 5. A nonoffender. For purposes of this subdivision, "nonoffender" means a person who is in need of supervision, but who has not been charged with or found to have committed an offense.

AB41,9,5 (i) "Noncompacting state" means a state that has not enacted the enabling legislation for this compact.

AB41,9,7 (j) "Probation or parole" means any kind of supervision or conditional release of a juvenile that is authorized under the laws of a compacting state.

AB41,9,13 (k) Except as provided in sub. (6) (f), "rule" means a written statement by the interstate commission promulgated under sub. (6) that is of general applicability; that implements, interprets, or prescribes a policy or provision of the compact or an organizational, procedural, or practice requirement of the interstate commission; and that has the force of statutory law in a compacting state. "Rule" includes the amendment, repeal, or suspension of an existing rule.

AB41,9,16 (L) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Northern Marianas Islands.