GMM:jld:pg
2005 - 2006 LEGISLATURE
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
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:
AB41, s. 1
1Section
1. 14.92 of the statutes is created to read:
AB41,3,10
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.
AB41, s. 2
11Section
2. 15.145 (4) of the statutes is created to read:
AB41,3,1712
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.
AB41, 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](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB41, s. 4
1Section
4. 20.410 (3) (d) of the statutes is created to read:
AB41,4,42
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).
AB41, s. 5
5Section
5. 938.14 of the statutes is amended to read:
AB41,4,9
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.
AB41, s. 6
10Section
6. 938.9985 of the statutes is created to read:
AB41,5,2
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:
AB41,5,4
3(1) The Interstate Compact for Juveniles under s. 938.999 is in effect as
4provided in s. 938.999 (10) (b).
AB41,5,6
5(2) Both this state and the other state are parties to the Interstate Compact for
6Juveniles under s. 938.999.
AB41,5,8
7(3) Both this state and the other state have renounced the Interstate Compact
8on Juveniles as provided under s. 938.991 (14).
AB41, s. 7
9Section
7. 938.999 of the statutes is created to read:
AB41,5,20
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
18the U.S. Congress, 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.
AB41,5,2221
(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:
AB41,5,2523
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.
AB41,6,3
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
3protected.
AB41,6,54
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.
AB41,6,76
4. Make contracts for the cooperative institutionalization in public facilities in
7member states of delinquent youth needing special services.
AB41,6,88
5. Provide for the effective tracking and supervision of juveniles.
AB41,6,109
6. Equitably allocate the costs, benefits, and obligations of the compact among
10the compacting states.
AB41,6,1411
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.
AB41,6,1615
8. Ensure that immediate notice is given to jurisdictions where defined
16offenders are authorized to travel or to relocate across state lines.
AB41,6,1817
9. Establish procedures to resolve pending charges or detainers against
18juvenile offenders before transfer or release to the community under this compact.
AB41,6,2319
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.
AB41,6,2524
11. Monitor compliance with the rules governing the interstate movement of
25juveniles and intervene to address and correct any noncompliance with those rules.
AB41,7,2
112. Coordinate training and education regarding the regulation of the
2interstate movement of juveniles for officials who are involved in that activity.
AB41,7,73
13. Coordinate the implementation and operation of this compact with the
4Interstate Compact on the Placement of Children under ss. 48.988 and 48.989, the
5Interstate Compact for Adult Offender Supervision under s. 304.16, and other
6compacts affecting juveniles, particularly in those cases in which concurrent or
7overlapping supervision issues arise.
AB41,7,128
(c) It is the policy of the compacting states that the activities conducted by the
9interstate commission are the formation of public policies and, therefore, are public
10business. Furthermore, the compacting states shall cooperate with each other and
11observe their individual and collective duties and responsibilities for the prompt
12return and acceptance of juveniles who are subject to this compact.
AB41,7,1413
(d) The compact shall be reasonably and liberally construed to accomplish the
14purposes and policies of the compact.
AB41,7,15
15(2) Article II — Definitions. In this section:
AB41,7,1716
(a) "Bylaws" means the bylaws established by the interstate commission for its
17governance or for directing or controlling its actions or conduct.
AB41,7,1918
(b) "Commissioner" means the voting representative of each compacting state
19appointed under sub. (3) (b).
AB41,7,2320
(c) "Compact administrator" means the person appointed under this compact
21in each compacting state who is responsible for the administration and management
22of the state's supervision and transfer of juveniles who are subject to this compact,
23the rules, and the policies adopted by the state board under this compact.
AB41,7,2524
(d) "Compacting state" means a state that has enacted the enabling legislation
25for this compact.
AB41,8,2
1(e) "Court" means a court having jurisdiction over delinquent, neglected, or
2dependent juveniles.
AB41,8,73
(f) "Deputy compact administrator" means the person, if any, appointed in each
4compacting state to act on behalf of a compact administrator in the administration
5and management of the state's supervision and transfer of juveniles who are subject
6to this compact, the rules, and the policies adopted by the state board under this
7compact.
AB41,8,98
(g) "Interstate commission" means the interstate commission for juveniles
9established under sub. (3) (a).
AB41,8,1110
(h) "Juvenile" means a person who is defined as a juvenile under the law of any
11compacting state or by the rules, including all of the following:
AB41,8,1412
1. An accused delinquent. For purposes of this subdivision, "accused
13delinquent" means a person who is charged with an offense that, if committed by an
14adult, would be a criminal offense.
AB41,8,1715
2. An adjudicated delinquent. For purposes of this subdivision, "adjudicated
16delinquent" means a person who has been found to have committed an offense that,
17if committed by an adult, would be a criminal offense.
AB41,8,2018
3. An accused status offender. For purposes of this subdivision, "accused status
19offender" means a person who is charged with an offense that would not be a criminal
20offense if committed by an adult.
AB41,8,2321
4. An adjudicated status offender. For purposes of this subdivision,
22"adjudicated status offender" means a person who has been found to have committed
23an offense that would not be a criminal offense if committed by an adult.
AB41,9,3
15. A nonoffender. For purposes of this subdivision, "nonoffender" means a
2person who is in need of supervision, but who has not been charged with or found to
3have committed an offense.
AB41,9,54
(i) "Noncompacting state" means a state that has not enacted the enabling
5legislation for this compact.
AB41,9,76
(j) "Probation or parole" means any kind of supervision or conditional release
7of a juvenile that is authorized under the laws of a compacting state.
AB41,9,138
(k) Except as provided in sub. (6) (f), "rule" means a written statement by the
9interstate commission promulgated under sub. (6) that is of general applicability;
10that implements, interprets, or prescribes a policy or provision of the compact or an
11organizational, procedural, or practice requirement of the interstate commission;
12and that has the force of statutory law in a compacting state. "Rule" includes the
13amendment, repeal, or suspension of an existing rule.
AB41,9,1614
(L) "State" means a state of the United States, the District of Columbia, the
15Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
16Samoa, or the Northern Marianas Islands.
AB41,9,1817
(m) "State board" means the state board for interstate juvenile supervision
18created by each compacting state under sub. (9).
AB41,9,25
19(3) Article III — Interstate Commission for Juveniles. (a) There is created
20the interstate commission for juveniles. The interstate commission shall be a body
21corporate and joint agency of the compacting states. The interstate commission shall
22have all of the responsibilities, powers, and duties specified in this section and such
23additional powers as may be conferred upon the interstate commission by
24subsequent action of the respective legislatures of the compacting states exercised
25in accordance with this compact.
AB41,10,7
1(b) The interstate commission shall consist of commissioners appointed by the
2appropriate appointing authority in each compacting state under the requirements
3of the compacting state and in consultation with the state board of the compacting
4state. The commissioner shall be the compact administrator, deputy compact
5administrator, or designee from the compacting state and shall serve on the
6interstate commission in that capacity under the applicable law of the compacting
7state.
AB41,10,178
(c) In addition to the commissioners who are the voting representatives of each
9compacting state, the interstate commission shall include, as nonvoting members,
10persons who are members of interested organizations. Those nonvoting members
11shall include members of the national organizations of governors, legislators, state
12supreme court chief justices, attorneys general, juvenile justice and juvenile
13corrections officials, and crime victims and members of the Interstate Compact on
14the Placement of Children and the Interstate Compact for Adult Offender
15Supervision. The interstate commission may provide in the bylaws for the inclusion
16of additional nonvoting members, including members of other national
17organizations, in such numbers as may be determined by the interstate commission.
AB41,10,2118
(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.
AB41,10,2522
(e) The interstate commission shall meet at least once each year. The
23chairperson may call additional meetings and, upon the request of a simple majority
24of the compacting states, shall call additional meetings. Public notice shall be given
25of all meetings and, except as provided in par. (i), meetings shall be open to the public.
AB41,11,10
1(f) The interstate commission shall establish an executive committee, which
2shall include officers and members of the interstate commission and others as
3determined by the bylaws. The executive committee may act on behalf of the
4interstate commission during periods when the interstate commission is not in
5session, with the exception of rule making and amending the compact. The executive
6committee shall oversee the day-to-day activities of the administration of the
7compact that are managed by an executive director and interstate commission staff;
8administer enforcement of and compliance with the compact, the bylaws, and the
9rules; and perform such other duties as directed by the interstate commission or as
10specified in the bylaws.
AB41,11,1911
(g) Each commissioner is entitled to cast the vote to which the compacting state
12represented by the commissioner is entitled and to participate in the business and
13affairs of the interstate commission. A commissioner shall vote in person and may
14not delegate a vote to another compacting state, except that a commissioner, in
15consultation with the state board of the commissioner's state, may appoint another
16authorized representative, in the absence of the commissioner, to cast a vote on
17behalf of the compacting state at a specified meeting. The bylaws may provide for
18members' participation in meetings by telephone or by other means of
19telecommunication or electronic communication.
AB41,11,2420
(h) The bylaws shall establish conditions and procedures under which the
21interstate commission shall make its information and official records available to the
22public for inspection or copying. The interstate commission may exempt from
23disclosure any information or official records to the extent that the information or
24records would adversely affect personal privacy rights or proprietary interests.
AB41,12,5
1(i) Public notice shall be given of all meetings, and all meetings shall be open
2to the public, except as specified in the rules or as otherwise provided in the compact.
3The interstate commission and any of its committees may close a meeting to the
4public if the interstate commission or committee determines by a two-thirds vote
5that an open meeting would be likely to do any of the following: