AB41, s. 3
18Section
3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
19the following amounts for the purposes indicated:
-
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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:
AB41,12,76
1. Relate solely to the interstate commission's internal personnel practices and
7procedures.
AB41,12,88
2. Disclose matters that are specifically exempted from disclosure by statute.
AB41,12,109
3. Disclose trade secrets or commercial or financial information that is
10privileged or confidential.
AB41,12,1111
4. Involve accusing any person of a crime or formally censuring any person.
AB41,12,1312
5. Disclose information that is of a personal nature, if disclosure of the
13information would constitute a clearly unwarranted invasion of personal privacy.
AB41,12,1514
6. Disclose investigative records that have been compiled for law enforcement
15purposes.
AB41,12,1916
7. Disclose information that is contained in or related to an examination,
17operating, or condition report prepared by, on behalf of, or for the use of the interstate
18commission with respect to a regulated person for the purpose of regulation or
19supervision of that person.
AB41,12,2120
8. Disclose information, the premature disclosure of which would significantly
21endanger the stability of a regulated person.
AB41,12,2422
9. Specifically relate to the interstate commission's issuance of a subpoena or
23the participation of the interstate commission in a civil action or other legal
24proceeding.
AB41,13,10
1(j) For every meeting that is closed under par. (i), the interstate commission's
2legal counsel shall publicly certify that, in the opinion of the legal counsel, the
3meeting may be closed to the public and shall reference each provision under par. (i)
4authorizing closure of the meeting. The interstate commission shall keep minutes
5that shall fully and clearly describe all matters discussed in any meeting and shall
6provide a full and accurate summary of any actions taken, and the reasons for those
7actions, including a description of each of the views expressed on any item and the
8record of any roll call vote reflecting the vote of each commissioner on the question.
9All documents considered in connection with any action shall be identified in the
10minutes.
AB41,13,1711
(k) The interstate commission shall collect standardized data concerning the
12interstate movement of juveniles as directed by the rules. The rules shall specify the
13date to be collected and the means of collection and shall specify data exchange and
14reporting requirements. Those methods of data collection, exchange, and reporting
15shall, insofar as is reasonably possible, conform to up-to-date technology and shall
16coordinate the interstate commission's information functions with the appropriate
17repository of records.
AB41,13,19
18(4) Article IV — Powers and Duties of the Interstate Commission. The
19interstate commission shall have the power and duty to do all of the following:
AB41,13,2020
(a) Provide for dispute resolution among compacting states.
AB41,13,2321
(b) Promulgate rules to effect the purposes and obligations enumerated in this
22compact, which rules shall have the effect of statutory law and shall be binding in
23the compacting states to the extent and in the manner provided in this compact.
AB41,13,2524
(c) Oversee, supervise, and coordinate the interstate movement of juveniles
25who are subject to this compact, the bylaws, and the rules.
AB41,14,2
1(d) Enforce compliance with the compact, the bylaws, and the rules, using all
2necessary and proper means, including the use of judicial process.
AB41,14,43
(e) Establish and maintain offices that shall be located within one or more of
4the compacting states.
AB41,14,55
(f) Purchase and maintain insurance and bonds.
AB41,14,66
(g) Borrow, accept, hire, or contract for the services of personnel.
AB41,14,117
(h) Establish and appoint committees and hire staff that the interstate
8commission considers necessary for carrying out its functions, including an executive
9committee as required by sub. (3) (f), which shall have the power to act on behalf of
10the interstate commission in carrying out the powers and duties of the interstate
11commission under this compact.
AB41,14,1612
(i) Elect or appoint officers, attorneys, employees, agents, or consultants; fix
13their compensation, define their duties, and determine their qualifications; and
14establish the personnel policies and programs of the interstate commission relating
15to, among other things, conflicts of interest, rates of compensation, and qualifications
16of personnel.
AB41,14,1817
(j) Accept, receive, utilize, and dispose of donations and grants of money,
18equipment, supplies, materials, and services.
AB41,14,2019
(k) Lease, purchase, accept contributions or donations of, or otherwise own,
20hold, improve, or use any property, real, personal, or mixed.
AB41,14,2221
(L) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
22dispose of any property, real, personal, or mixed.
AB41,14,2423
(m) Establish a budget and make expenditures and levy assessments as
24provided in sub. (8).
AB41,14,2525
(n) Sue and be sued.
AB41,15,2
1(o) Adopt a seal and bylaws governing the management and operation of the
2interstate commission.
AB41,15,43
(p) Perform such functions as may be necessary to achieve the purposes of this
4compact.
AB41,15,85
(q) Report annually to the legislatures, governors, judiciary, and state boards
6of the compacting states concerning the activities of the interstate commission
7during the preceding year. Those reports shall also include any recommendations
8that have been adopted by the interstate commission.
AB41,15,109
(r) Coordinate education, training, and public awareness regarding the
10interstate movement of juveniles for officials who are involved in that activity.
AB41,15,1111
(s) Establish uniform standards for reporting, collecting, and exchanging data.
AB41,15,1312
(t) Maintain the corporate books and records of the interstate commission in
13accordance with the bylaws.
AB41,15,19
14(5) Article V — Organization and Operation of the Interstate Commission.
15(a)
Bylaws. Within 12 months after the first meeting of the interstate commission,
16the interstate commission shall, by a majority vote of the members present and
17voting, adopt bylaws to govern the conduct of the interstate commission as may be
18necessary to carry out the purposes of the compact, including bylaws that do all of
19the following: