AB481, s. 16 18Section 16. 304.16 of the statutes is created to read:
AB481,9,6 19304.16 Interstate compact for adult offender supervision. (1) Article
20I — Purpose.
(a) The compacting states to this interstate compact recognize that each
21state is responsible for the supervision, in the community, of adult offenders who are
22authorized under the bylaws and rules of this compact to travel across state lines to
23and from each compacting state in such a manner as to enable each compacting state
24to track the location of offenders, transfer supervision authority in an orderly and
25efficient manner, and, when necessary, return offenders to their original

1jurisdictions. The compacting states recognize also that congress, by enacting the
2Crime Control Act, 4 USC 112, has authorized and encouraged compacts for
3cooperative efforts and mutual assistance in the prevention of crime. It is the
4purpose of this compact and the interstate commission created under sub. (3),
5through means of joint and cooperative action among the compacting states, to do all
6of the following:
AB481,9,97 1. Provide the framework for the promotion of public safety and protect the
8rights of victims through the control and regulation of the interstate movement of
9offenders in the community.
AB481,9,1110 2. Provide for the effective tracking, supervision, and rehabilitation of these
11offenders by the sending and receiving states.
AB481,9,1312 3. Equitably distribute the costs, benefits, and obligations of the compact
13among the compacting states.
AB481,9,1414 (b) This compact will do all of the following:
AB481,9,1915 1. Create an interstate commission that will establish uniform procedures to
16manage the movement between states of adults placed under community
17supervision and released to the community under the jurisdiction of courts, paroling
18authorities, or corrections or other criminal justice agencies and that will
19promulgate rules to achieve the purpose of this compact.
AB481,9,2220 2. Ensure an opportunity for input and timely notice to victims and to
21jurisdictions where defined offenders are authorized to travel or to relocate across
22state lines.
AB481,9,2423 3. Establish a system of uniform data collection, access to information on active
24cases by authorized criminal justice officials, and regular reporting of compact

1activities to heads of state councils or boards, state executive, judicial, and legislative
2branches, and the attorney general.
AB481,10,43 4. Monitor compliance with rules governing interstate movement of offenders
4and intervene to address and correct noncompliance.
AB481,10,65 5. Coordinate training and education regarding the regulation of interstate
6movement of offenders for officials involved in such activity.
AB481,10,137 (c) The compacting states recognize that there is no right of any offender to live
8in another state and that duly accredited officers of a sending state may at any time
9enter a receiving state to apprehend and retake any offender under supervision
10subject to the provisions of this compact and to bylaws adopted and rules
11promulgated under this section. The activities conducted by the interstate
12commission created in this section are the formation of public policies and are public
13business.
AB481,10,14 14(2) Article II — Definitions. In this section:
AB481,10,1615 (a) "Adult" means both individuals legally classified as adults and juveniles
16treated as adults by court order, statute, or operation of law.
AB481,10,1917 (b) "Bylaws" means the bylaws established by the interstate commission for its
18governance or for directing or controlling the interstate commission's actions or
19conduct.
AB481,10,2120 (c) "Commissioner" means the voting representative of each compacting state
21appointed under sub. (3).
AB481,11,222 (d) "Compact administrator" means the individual in each compacting state
23appointed under the terms of this compact who is responsible for the administration
24and management of the state's supervision and transfer of offenders under this

1compact, the rules adopted by the interstate commission, and policies adopted by the
2state board under this compact.
AB481,11,43 (e) "Compacting state" means any state that has enacted the enabling
4legislation for this compact.
AB481,11,65 (f) "Interstate commission" means the interstate commission for adult offender
6supervision established by this compact.
AB481,11,97 (g) Unless the context indicates otherwise, "member" means the commissioner
8of a compacting state or a designee of the commissioner who is employed by the
9compacting state to assist in the administration of the compact.
AB481,11,1110 (h) "Noncompacting state" means a state that has not enacted the enabling
11legislation for this compact.
AB481,11,1512 (i) "Offender" means an adult placed under or subject to supervision as the
13result of the commission of a criminal offense and released to the community under
14the jurisdiction of courts, paroling authorities, the department of corrections, or
15other criminal justice agencies.
AB481,11,1716 (j) "Person" means any individual, corporation, business enterprise, or other
17legal entity, either public or private.
AB481,11,2118 (k) Except as provided in sub. (8) (g), "rules" means acts of the interstate
19commission, duly promulgated under sub. (8) and substantially affecting interested
20parties in addition to the interstate commission, that shall have the force and effect
21of law in the compacting states.
AB481,11,2322 (L) "State" means a state of the United States, the District of Columbia, or any
23other territorial possession of the United States.
AB481,11,2524 (m) "State board" means the interstate adult offender supervision board
25created under sub. (4) and s. 15.145 (3).
AB481,12,3
1(3) Article III — The Compact Commission. (a) The compacting states hereby
2create the interstate commission for adult offender supervision. The interstate
3commission shall be a body corporate and a joint agency of the compacting states.
AB481,12,74 (b) The interstate commission has all of the responsibilities, powers, and duties
5set forth in this section, including the power to sue and be sued, and such additional
6powers as may be conferred upon it by subsequent action of the respective
7legislatures of the compacting states in accordance with the terms of this compact.
AB481,12,178 (c) The interstate commission shall consist of commissioners selected and
9appointed by resident members of the state board for their respective states. In
10addition to the commissioners who are the voting representatives of each state, the
11interstate commission shall include individuals who are not commissioners but who
12are members of interested organizations. Noncommissioner members shall include
13a member of the national organizations of governors, legislators, state chief justices,
14attorneys general, and crime victims. All noncommissioner members of the
15interstate commission shall be nonvoting members. The interstate commission may
16provide in its bylaws for such additional, nonvoting members as it considers
17necessary.
AB481,12,2518 (d) Each compacting state represented at any meeting of the interstate
19commission is entitled to one vote. A majority of the compacting states shall
20constitute a quorum for the transaction of business, unless a larger quorum is
21required by the bylaws of the interstate commission. The interstate commission
22shall meet at least once each year. The chairperson may call additional meetings
23and, upon the request of 27 or more compacting states, shall call additional meetings.
24Public notice shall be given of all meetings and, except as provided in sub. (7) (f),
25meetings shall be open to the public.
AB481,13,10
1(e) The interstate commission shall establish an executive committee, which
2shall include commission officers, members, and others as determined by the bylaws.
3The executive committee shall have the power to act on behalf of the interstate
4commission during periods when the interstate commission is not in session, with
5the exception of rule making or amendments to the compact. The executive
6committee oversees the day-to-day activities managed by the executive director and
7interstate commission staff, administers enforcement and compliance with the
8provisions of the compact, with its bylaws, and as directed by the interstate
9commission, and performs other duties as directed by the interstate commission or
10set forth in the bylaws.
AB481,14,2 11(4) Article IV — The State Board. There is created an interstate adult offender
12supervision board under s. 15.145 (3), which shall be responsible for the appointment
13of the commissioner who shall serve on the interstate commission from this state.
14The state board shall appoint as its commissioner the compact administrator from
15this state to serve on the interstate commission in such capacity under applicable law
16of the member state. While each member state may determine the membership of
17its own state board, its membership must include at least the state's compact
18administrator and one representative from the legislative, judicial, and executive
19branches of government and victims groups. Each compacting state retains the right
20to determine the qualifications of the compact administrator, who shall be appointed
21by the governor in consultation with the legislature and the judiciary. In addition
22to appointing its commissioner to the interstate commission, the state board shall
23exercise oversight and advocacy concerning its participation in interstate
24commission activities and other duties as may be determined by each member state,

1including the development of policy concerning operations and procedures of the
2compact within that state.
AB481,14,4 3(5) Article V — Powers and Duties of the Interstate Commission. The
4interstate commission shall have all of the following powers:
AB481,14,65 (a) To adopt a seal and suitable bylaws governing the management and
6operation of the interstate commission.
AB481,14,97 (b) To promulgate rules, which shall have the force and effect of statutory law
8and shall be binding in the compacting states to the extent and in the manner
9provided in this compact.
AB481,14,1210 (c) To oversee, supervise, and coordinate the interstate movement of offenders
11subject to the terms of this compact and to any bylaws adopted and rules
12promulgated by the interstate commission.
AB481,14,1513 (d) To enforce compliance with compact provisions and interstate commission
14rules and bylaws, using all necessary and proper means, including the use of judicial
15process.
AB481,14,1616 (e) To establish and maintain offices.
AB481,14,1717 (f) To purchase and maintain insurance and bonds.
AB481,14,1918 (g) To borrow, accept, or contract for services of personnel, including members
19and their staffs.
AB481,14,2220 (h) To establish and appoint committees and hire staff that it considers
21necessary for carrying out its functions, including an executive committee as
22required by sub. (3) (e).
AB481,14,2423 (i) To elect or appoint officers, attorneys, employees, agents, or consultants and
24to fix their compensation, define their duties, and determine their qualifications.
AB481,15,3
1(j) To establish the interstate commission's personnel policies and programs
2relating to, among other things, conflicts of interest, rates of compensation, and
3qualifications of personnel.
AB481,15,54 (k) To accept, receive, utilize, and dispose of donations and grants of money,
5equipment, supplies, materials, and services.
AB481,15,76 (L) To lease, purchase, or accept contributions or donations of, or otherwise
7own, hold, improve, or use, any property, whether real, personal, or mixed.
AB481,15,98 (m) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
9dispose of any property, whether real, personal, or mixed.
AB481,15,1110 (n) To establish a budget and to make expenditures and levy assessments as
11provided in sub. (10).
AB481,15,1212 (o) To sue and be sued.
AB481,15,1313 (p) To provide for dispute resolution among compacting states.
AB481,15,1514 (q) To perform such functions as may be necessary or appropriate to achieve the
15purposes of this compact.
AB481,15,1916 (r) To report annually to the legislatures, governors, judiciary, and state
17councils or boards of the compacting states concerning the activities of the interstate
18commission during the preceding year. Such reports shall include also any
19recommendations adopted by the interstate commission.
AB481,15,2120 (s) To coordinate education, training, and public awareness regarding the
21interstate movement of offenders for officials involved in such activity.
AB481,15,2322 (t) To establish uniform standards for the reporting, collecting, and exchanging
23of data.
AB481,16,3 24(6) Article VI — Organization and Operation of the Interstate Commission.
25(a) Bylaws. The interstate commission shall, by a majority of the members and

1within 12 months after the first interstate commission meeting, adopt bylaws to
2govern its conduct as may be necessary or appropriate to carry out the purposes of
3the compact, including bylaws that do any of the following:
AB481,16,44 1. Establish the fiscal year of the interstate commission.
AB481,16,55 2. Establish an executive committee and other committees as may be necessary.
AB481,16,66 3. Provide reasonable standards and procedures for doing all of the following:
AB481,16,77 a. Establishing committees.
AB481,16,98 b. Governing any general or specific delegation of any authority or function of
9the interstate commission.
AB481,16,1110 4. Provide reasonable procedures for calling and conducting meetings of the
11interstate commission and for ensuring reasonable notice of each meeting.
AB481,16,1312 5. Establish the titles and responsibilities of the officers of the interstate
13commission.
AB481,16,1714 6. Provide reasonable standards and procedures for the establishment of the
15personnel policies and programs of the interstate commission. Notwithstanding any
16civil service or other similar laws of any compacting state, the bylaws shall
17exclusively govern the personnel policies and programs of the interstate commission.
AB481,16,2118 7. Provide a mechanism for winding up the operations of the interstate
19commission and the equitable return of any surplus funds that may exist upon the
20termination of the compact after the payment or the reserving of all of its debts and
21obligations.
AB481,16,2222 8. Provide for the initial administration of the compact.
AB481,16,2423 9. Establish standards and procedures for compliance and technical assistance
24in carrying out the compact.
AB481,17,9
1(b) Officers and staff. 1. The interstate commission shall, by a majority of the
2members, elect from among its members a chairperson and a vice chairperson, each
3of whom shall have such authority and duties as may be specified in the bylaws. The
4chairperson or, in his or her absence or disability, the vice chairperson shall preside
5at all meetings of the interstate commission. The officers so elected shall serve
6without compensation or remuneration from the interstate commission. Subject to
7the availability of budgeted funds, the officers shall be reimbursed for any actual and
8necessary costs and expenses incurred by them in the performance of their duties
9and responsibilities as officers of the interstate commission.
AB481,17,1510 2. The interstate commission shall, through its executive committee, appoint
11or retain an executive director for such period, upon such terms and conditions, and
12for such compensation as the interstate commission may consider appropriate. The
13executive director shall serve as secretary to the interstate commission and shall hire
14and supervise such other staff as may be authorized by the interstate commission but
15shall not be a member.
AB481,17,1716 (c) Corporate records of the interstate commission. The interstate commission
17shall maintain its corporate books and records in accordance with the bylaws.
AB481,18,218 (d) Immunity, defense, and indemnification. 1. The voting and nonvoting
19members, officers, executive director, and employees of the interstate commission
20shall be immune from suit and liability, either personally or in their official capacity,
21for any claim for damage, loss of property, personal injury, or other civil liability
22caused or arising out of any actual or alleged act, error, or omission that occurred
23within the scope of interstate commission employment, duties, or responsibilities.
24Nothing in this paragraph shall be construed to protect any such person from suit

1or liability for any damage, loss, injury, or liability caused by the intentional or willful
2and wanton misconduct of any such person.
AB481,18,103 2. The interstate commission shall defend the commissioner of a compacting
4state, his or her representatives or employees, and the interstate commission's
5representatives or employees in any civil action seeking to impose liability and
6arising out of any actual or alleged act, error, or omission that occurred within the
7scope of interstate commission employment, duties, or responsibilities or that such
8person had a reasonable basis for believing occurred within the scope of interstate
9commission employment, duties, or responsibilities, unless the actual or alleged act,
10error, or omission resulted from intentional wrongdoing on the part of such person.
AB481,18,1911 3. The interstate commission shall indemnify and hold the commissioner of a
12compacting state, his or her representatives or employees, and the interstate
13commission's representatives or employees harmless in the amount of any
14settlement or judgment obtained against such persons arising out of any actual or
15alleged act, error, or omission that occurred within the scope of interstate
16commission employment, duties, or responsibilities or that such person had a
17reasonable basis for believing occurred within the scope of interstate commission
18employment, duties, or responsibilities, unless the actual or alleged act, error, or
19omission resulted from intentional wrongdoing on the part of such person.
AB481,18,22 20(7) Article VII — Activities of the Interstate Commission. (a) The interstate
21commission shall meet and take such actions as are consistent with the provisions
22of this compact.
AB481,19,223 (b) Except as otherwise provided in this compact and unless a greater
24percentage is required by the bylaws, in order to constitute an act of the interstate

1commission, such act shall have been taken at a meeting of the interstate commission
2and shall have received an affirmative vote of a majority of the members present.
AB481,19,133 (c) Each member of the interstate commission shall have the right and power
4to cast a vote to which that compacting state is entitled and to participate in the
5business and affairs of the interstate commission. A member shall vote in person on
6behalf of the state and shall not delegate a vote to another member state. However,
7a state board shall appoint another authorized representative, in the absence of the
8commissioner from that state, to cast a vote on behalf of the member state at a
9specified meeting. The bylaws may provide for members' participation in meetings
10by telephone or other means of telecommunication or electronic communication. Any
11voting conducted by telephone, or by other means of telecommunication or electronic
12communication, shall be subject to the same quorum requirements of meetings at
13which members are present in person.
AB481,19,1614 (d) The interstate commission shall meet at least once during each year. The
15chairperson of the interstate commission may call additional meetings at any time
16and, upon the request of a majority of the members, shall call additional meetings.
AB481,20,217 (e) The interstate commission's bylaws shall establish conditions and
18procedures under which the interstate commission shall make its information and
19official records available to the public for inspection or copying. The interstate
20commission may exempt from disclosure any information or official records to the
21extent that they would adversely affect personal privacy rights or proprietary
22interests. In promulgating such rules, the interstate commission may make
23available to law enforcement agencies records and information otherwise exempt
24from disclosure and may enter into agreements with law enforcement agencies to

1receive or exchange information or records subject to nondisclosure and
2confidentiality provisions.
AB481,20,93 (f) Public notice shall be given of all meetings and all meetings shall be open
4to the public, except as set forth in the rules or as otherwise provided in the compact.
5The interstate commission shall promulgate rules consistent with the principles
6contained in the Government in Sunshine Act, 5 USC 552b. The interstate
7commission and any of its committees may close a meeting to the public if it
8determines by two-thirds vote that an open meeting would be likely to do any of the
9following:
AB481,20,1110 1. Relate solely to the interstate commission's internal personnel practices and
11procedures.
AB481,20,1212 2. Disclose matters specifically exempted from disclosure by statute.
AB481,20,1413 3. Disclose a trade secret or commercial or financial information that is
14privileged or confidential.
AB481,20,1515 4. Involve accusing any person of a crime or formally censuring any person.
AB481,20,1716 5. Disclose information of a personal nature if disclosure would constitute a
17clearly unwarranted invasion of personal privacy.
AB481,20,1818 6. Disclose investigatory records compiled for law enforcement purposes.
AB481,20,2219 7. Disclose information contained in or related to examination, operating, or
20condition reports prepared by, on behalf of, or for the use of the interstate commission
21with respect to a regulated entity for the purpose of regulation or supervision of such
22entity.
AB481,20,2423 8. Disclose information, the premature disclosure of which would significantly
24endanger the life of a person or the stability of a regulated entity.
AB481,21,2
19. Specifically relate to the interstate commission's issuance of a subpoena or
2its participation in a civil action or proceeding.
AB481,21,113 (g) For every meeting closed under par. (f), the interstate commission's chief
4legal officer shall publicly certify that, in his or her opinion, the meeting may be
5closed to the public and shall reference each relevant exemptive provision. The
6interstate commission shall keep minutes that shall fully and clearly describe all
7matters discussed in any meeting and shall provide a full and accurate summary of
8any actions taken and the reasons therefor, including a description of each of the
9views expressed on any item and the record of any roll call vote, reflected in the vote
10of each member on the question. All documents considered in connection with any
11action shall be identified in such minutes.
AB481,21,1512 (h) The interstate commission shall collect standardized data concerning the
13interstate movement of offenders as directed through its bylaws and rules that shall
14specify the data to be collected, the means of collection, and data exchange and
15reporting requirements.
AB481,21,20 16(8) Article VIII — Rule-making Functions of the Interstate Commission. (a)
17The interstate commission shall promulgate rules in order to effectively and
18efficiently achieve the purposes of the compact, including transition rules governing
19administration of the compact during the period after it becomes effective in which
20it is being considered and enacted by other states.
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