Bill Text: CA AB1053 | 2009-2010 | Regular Session | Chaptered
Bill Title: Juveniles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 268, Statutes of 2009. [AB1053 Detail]
Download: California-2009-AB1053-Chaptered.html
BILL NUMBER: AB 1053 CHAPTERED
BILL TEXT
CHAPTER 268
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 12, 2009
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN SENATE JULY 16, 2009
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Solorio
FEBRUARY 27, 2009
An act to add Section 1766.2 to, to add and repeal Chapter 4
(commencing with Section 1400) of Part 1 of Division 2 of, and to
repeal Chapter 4 (commencing with Section 1300) of Part 1 of Division
2 of, the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1053, Solorio. Juveniles.
(1) Existing law establishes the Interstate Compact on Juveniles.
The compact sets forth the agreement between the contracting states
regarding the supervision of delinquent juveniles, including the
procedure for the return of runaways and escapees.
This bill would repeal the Interstate Compact on Juveniles and
instead enact, only until January 1, 2012, the Interstate Compact for
Juveniles. This compact would make the state subject to rules and
regulations having the force and effect of statutory law governing
the supervision or return of juvenile offenders, including status
offenders, in the compacting states as developed at a future date by
the Interstate Commission for Juveniles, except when a provision
exceeds the constitutional limits imposed on the Legislature, or as
specified. The commission consists of commissioners appointed as
specified in each compacting state. Any state and any one of
specified United States territories is eligible to become a
compacting state. Each compacting state represented at any meeting of
the commission is entitled to one vote. The compact would also
require the state to create a State Council for Interstate Juvenile
Supervision that would exercise related duties, as specified. The
bill would authorize the commission to levy and collect an annual
assessment from the state and the other compacting states to cover
the cost of the internal operations and activities of the commission
and its staff based upon a formula to be determined by the
commission, that takes into consideration, among other things, the
population of each compacting state. The bill would also authorize
the commission to impose penalties on the state, including fines,
fees, and costs, for default in the performance of the state's
obligations under the compact, as determined by the commission. The
bill would provide that the compact administrator, as defined, in
this state would be the executive director of the Corrections
Standards Authority. The bill would require that executive director
to convene an executive steering committee to review and make
recommendations regarding the compact, as specified. The bill would
also require the Corrections Standards Authority to present the
committee's final report to the Legislature by January 1, 2011.
Because the compact took effect upon the later of July 1, 2004, or
upon enactment into law by the 35th jurisdiction, as specified, and
because the latter event has occurred, if this bill is enacted, the
compact would be binding upon the state, except as specified.
(2) Existing law requires the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, not less than 30
days prior to the scheduled parole consideration hearing of a ward
eligible for release on parole on or after September 1, 2007, as
specified, to notify the ward of the date and location of the parole
consideration hearing. Existing law provides that the ward has the
right to contact his or her parent or guardian to inform the parent
or guardian of the date and location of the parole consideration
hearing, and to inform other persons identified by the ward who are
considered by the division as likely to contribute to a ward's
preparation for the parole consideration hearing or the ward's
postrelease success. An appropriate staff person is required, on
specified occasions, to explain these rights to the ward. The
committing court is required, within 15 court days of the release by
the division of the ward, to convene a reentry disposition hearing
for the ward to identify those conditions of probation that are
appropriate under all the circumstances of the case, including
incorporating a reentry plan. The county of commitment is required to
supervise the reentry of those wards. However, none of these
provisions apply to a ward who was committed to the custody of the
division for specified offenses, including murder, kidnapping, and
certain sex offenses.
This bill would require the division to place all applicable
wards, as defined, in its custody on supervised parole within the
period of 120 to 90 days prior to the date of release from custody,
as specified, or within the period of 120 to 90 days prior to
completion of the maximum period of confinement, as specified,
whichever comes first. This bill would provide that these provisions
do not apply when a petition or order for further detention has been
requested, as provided. This bill would also provide that a ward who
has been released under these provisions shall be subject to
revocation of parole for alleged violations committed during the
release period.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4 (commencing with Section 1300) of Part 1 of
Division 2 of the Welfare and Institutions Code is repealed.
SEC. 2. Chapter 4 (commencing with Section 1400) is added to Part
1 of Division 2 of the Welfare and Institutions Code, to read:
CHAPTER 4. THE INTERSTATE COMPACT FOR JUVENILES
1400. THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I
PURPOSE
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 Congress, by enacting the
Crime Control Act (4 U.S.C. Sec. 112), has authorized and encouraged
compacts for cooperative efforts and mutual assistance in the
prevention of crime.
It is the purpose of this compact, through means of joint and
cooperative action among the compacting states to: (a) ensure that
the adjudicated juveniles and status offenders subject to this
compact are provided adequate supervision and services in the
receiving state as ordered by the adjudicating judge or parole
authority in the sending state; (b) 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; (c) return juveniles who have run away, absconded, or
escaped from supervision or control or have been accused of an
offense to the state requesting their return; (d) make contracts for
the cooperative institutionalization in public facilities in member
states for delinquent youth needing special services; (e) provide for
the effective tracking and supervision of juveniles; (f) equitably
allocate the costs, benefits, and obligations of the compacting
states; (g) establish procedures to manage the movement between
states of juvenile offenders released to the community under the
jurisdiction of courts, juvenile departments, or any other criminal
or juvenile justice agency which has jurisdiction over juvenile
offenders; (h) insure immediate notice to jurisdictions where defined
offenders are authorized to travel or to relocate across state
lines; (i) establish procedures to resolve pending charges
(detainers) against juvenile offenders prior to transfer or release
to the community under the terms of this compact; (j) establish a
system of uniform data collection on information pertaining to
juveniles subject to this compact that allows access by authorized
juvenile justice and criminal justice officials, and regular
reporting of compact activities to heads of state executive,
judicial, and legislative branches and juvenile and criminal justice
administrators; (k) monitor compliance with rules governing
interstate movement of juveniles and initiate interventions to
address and correct noncompliance; (l) coordinate training and
education regarding the regulation of interstate movement of
juveniles for officials involved in such activity; and (m) coordinate
the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for
Adult Offender Supervision, and other compacts affecting juveniles
particularly in those cases where concurrent or overlapping
supervision issues arise. It is the policy of the compacting states
that the activities conducted by the Interstate Commission created
herein are the formation of public policies and therefore are public
business. Furthermore, the compacting states shall cooperate and
observe their individual and collective duties and responsibilities
for the prompt return and acceptance of juveniles subject to the
provisions of this compact. The provisions of this compact shall be
reasonably and liberally construed to accomplish the purposes and
policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
(a) "Bylaws" means those bylaws established by the Interstate
Commission for its governance, or for directing or controlling its
actions or conduct.
(b) "Compact Administrator" means the individual in each
compacting state appointed pursuant to the terms of this compact,
responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of this
compact, the rules adopted by the Interstate Commission, and policies
adopted by the State Council for Interstate Juvenile Supervision
under this compact.
(c) "Compacting state" means any state which has enacted the
enabling legislation for this compact.
(d) "Commissioner" means the voting representative of each
compacting state appointed pursuant to Article III of this compact.
(e) "Court" means any court having jurisdiction over delinquent,
neglected, or dependent children.
(f) "Deputy Compact Administrator" means the individual, if any,
in each compacting state appointed to act on behalf of a Compact
Administrator pursuant to the terms of this compact responsible for
the administration and management of the state's supervision and
transfer of juveniles subject to the terms of this compact, the rules
adopted by the Interstate Commission and policies adopted by the
State Council under this compact.
(g) "Interstate Commission" means the Interstate Commission for
Juveniles created by Article III of this compact.
(h) "Juvenile" means any person defined as a juvenile in any
member state or by the rules of the Interstate Commission, including:
(1) "Accused delinquent" means a person charged with an offense
that, if committed by an adult, would be a criminal offense;
(2) "Adjudicated delinquent" means a person found to have
committed an offense that, if committed by an adult, would be a
criminal offense;
(3) "Accused status offender" means a person charged with an
offense that would not be a criminal offense if committed by an
adult;
(4) "Adjudicated status offender" means a person found to have
committed an offense that would not be a criminal offense if
committed by an adult; and
(5) "Non-offender" means a person in need of supervision who has
not been accused or adjudicated a status offender or delinquent.
(i) "Noncompacting state" means any state which has not enacted
the enabling legislation for this compact.
(j) "Probation or parole" means any kind of supervision or
conditional release of juveniles authorized under the laws of the
compacting states.
(k) "Rule" means a written statement by the Interstate Commission
promulgated pursuant to Article VI of this compact that is of general
applicability, implements, interprets or prescribes a policy or
provision of the compact, or an organizational, procedural, or
practice requirement of the commission, and has the force and effect
of statutory law in a compacting state, and includes the amendment,
repeal, or suspension of an existing rule.
(l) "State" means a state of the United States, the District of
Columbia (or its designee), the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the Northern
Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
(a) The compacting states hereby create the "Interstate Commission
for Juveniles." The commission shall be a body corporate and joint
agency of the compacting states. The commission shall have all the
responsibilities, powers, and duties set forth herein, and such
additional powers as may be conferred upon it by subsequent action of
the respective legislatures of the compacting states in accordance
with the terms of this compact.
(b) The Interstate Commission shall consist of commissioners
appointed by the appropriate appointing authority in each state
pursuant to the rules and requirements of each compacting state and
in consultation with the State Council for Interstate Juvenile
Supervision created hereunder. The commissioner shall be the compact
administrator, deputy compact administrator, or designee from that
state who shall serve on the Interstate Commission in such capacity
under or pursuant to the applicable law of the compacting state.
(c) In addition to the commissioners who are the voting
representatives of each state, the Interstate Commission shall
include individuals who are not commissioners, but who are members of
interested organizations. Such noncommissioner members must include
a member of the national organizations of governors, legislators,
state chief justices, attorneys general, Interstate Compact for Adult
Offender Supervision, Interstate Compact for the Placement of
Children, juvenile justice and juvenile corrections officials, and
crime victims. All noncommissioner members of the Interstate
Commission shall be ex officio (nonvoting) members. The Interstate
Commission may provide in its bylaws for such additional ex officio
(nonvoting) members, including members of other national
organizations, in such numbers as shall be determined by the
commission.
(d) Each compacting state represented at any meeting of the
commission is entitled to one vote. A majority of the compacting
states shall constitute a quorum for the transaction of business,
unless a larger quorum is required by the bylaws of the Interstate
Commission.
(e) The commission shall meet at least once each calendar year.
The chairperson may call additional meetings and, upon the request of
a simple majority of the compacting states, shall call additional
meetings. Public notice shall be given of all meetings and meetings
shall be open to the public.
(f) The Interstate Commission shall establish an executive
committee, which shall include commission officers, members, and
others as determined by the bylaws. The executive committee shall
have the power to act on behalf of the Interstate Commission during
periods when the Interstate Commission is not in session, with the
exception of rulemaking or amendment to the compact. The executive
committee shall oversee the day-to-day activities of the
administration of the compact managed by an executive director and
Interstate Commission staff, and the committee shall administer
enforcement and compliance with the provisions of the compact, its
bylaws and rules, and perform such other duties as directed by the
Interstate Commission or set forth in the bylaws.
(g) Each member of the Interstate Commission shall have the right
and power to cast a vote to which that compacting state is entitled
and to participate in the business and affairs of the Interstate
Commission. A member shall vote in person and shall not delegate a
vote to another compacting state. However, a commissioner, in
consultation with the state council, shall appoint another authorized
representative, in the absence of the commissioner from that state,
to cast a vote on behalf of the compacting state at a specified
meeting. The bylaws may provide for members' participation in
meetings by telephone or other means of telecommunication or
electronic communication.
(h) The Interstate Commission's bylaws shall establish conditions
and procedures under which the Interstate Commission shall make its
information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they
would adversely affect personal privacy rights or proprietary
interests.
(i) Public notice shall be given of all meetings and all meetings
shall be open to the public, except as set forth in the rules or as
otherwise provided in the compact. The Interstate Commission and any
of its committees may close a meeting to the public where it
determines by two-thirds vote that an open meeting would be likely
to:
(1) Relate solely to the Interstate Commission's internal
personnel practices and procedures.
(2) Disclose matters specifically exempted from disclosure by
statute.
(3) Disclose trade secrets or commercial or financial information
which is privileged or confidential.
(4) Involve accusing any person of a crime, or formally censuring
any person.
(5) Disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal privacy.
(6) Disclose investigative records compiled for law enforcement
purposes.
(7) Disclose information contained in or related to examination,
operating or condition reports prepared by, or on behalf of or for
the use of, the Interstate Commission with respect to a regulated
person or entity for the purpose of regulation or supervision of such
person or entity.
(8) Disclose information, the premature disclosure of which would
significantly endanger the stability of a regulated person or entity.
(9) Specifically relate to the Interstate Commission's issuance of
a subpoena, or its participation in a civil action or other legal
proceeding.
(j) For every meeting closed pursuant to this provision, the
Interstate Commission's legal counsel shall publicly certify that, in
the legal counsel's opinion, the meeting may be closed to the
public, and shall reference each relevant exemptive provision. The
Interstate Commission shall keep minutes which shall fully and
clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken, and the
reasons therefore, including a description of each of the views
expressed on any item and the record of any roll call vote (reflected
in the vote of each member on the question). All documents
considered in connection with any action shall be identified in such
minutes.
(k) The Interstate Commission shall collect standardized data
concerning the interstate movement of juveniles as directed through
its rules which shall specify the data to be collected, the means of
collection and data exchange and reporting requirements. Such methods
of data collection, exchange and reporting shall insofar as is
reasonably possible conform to up-to-date technology and coordinate
its information functions with the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
(a) To provide for dispute resolution among compacting states.
(b) To promulgate rules to effect the purposes and obligations as
enumerated in this compact, which shall have the force and effect of
statutory law and shall be binding in the compacting states to the
extent and in the manner provided in this compact.
(c) To oversee, supervise, and coordinate the interstate movement
of juveniles subject to the terms of this compact and any bylaws
adopted and rules promulgated by the Interstate Commission.
(d) To enforce compliance with the compact provisions, the rules
promulgated by the Interstate Commission, and the bylaws, using all
necessary and proper means, including but not limited to the use of
judicial process.
(e) To establish and maintain offices which shall be located
within one or more of the compacting states.
(f) To purchase and maintain insurance and bonds.
(g) To borrow, accept, hire, or contract for services of
personnel.
(h) To establish and appoint committees and hire staff which it
deems necessary for the carrying out of its functions including, but
not limited to, an executive committee as required by Article III
which shall have the power to act on behalf of the Interstate
Commission in carrying out its powers and duties hereunder.
(i) To elect or appoint such officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties and determine their qualifications, and to establish the
Interstate Commission's personnel policies and programs relating to,
inter alia, conflicts of interest, rates of compensation, and
qualifications of personnel.
(j) To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it.
(k) To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal,
or mixed.
( l ) To sell, convey, mortgage, pledge, lease,
exchange, abandon, or otherwise dispose of any property, real,
personal or mixed.
(m) To establish a budget and make expenditures and levy dues as
provided in Article VIII of this compact.
(n) To sue and be sued.
(o) To adopt a seal and bylaws governing the management and
operation of the Interstate Commission.
(p) To perform such functions as may be necessary or appropriate
to achieve the purposes of this compact.
(q) To report annually to the legislatures, governors, judiciary,
and state councils of the compacting states concerning the activities
of the Interstate Commission during the preceding year. Such reports
shall also include any recommendations that may have been adopted by
the Interstate Commission.
(r) To coordinate education, training, and public awareness
regarding the interstate movement of juveniles for officials involved
in such activity.
(s) To establish uniform standards of the reporting, collecting,
and exchanging of data.
(t) The Interstate Commission shall maintain its corporate books
and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(a) Section A. Bylaws. The Interstate Commission shall, by a
majority of the members present and voting, within 12 months after
the first Interstate Commission meeting, adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes
of the compact, including, but not limited to:
(1) Establishing the fiscal year of the Interstate Commission.
(2) Establishing an executive committee and such other committees
as may be necessary.
(3) Provide for the establishment of committees governing any
general or specific delegation of any authority or function of the
Interstate Commission.
(4) Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission, and ensuring reasonable notice
of each such meeting.
(5) Establishing the titles and responsibilities of the officers
of the Interstate Commission.
(6) Providing a mechanism for concluding the operations of the
Interstate Commission and the return of any surplus funds that may
exist upon the termination of the compact after the payment or
reserving of all of its debts and obligations.
(7) Providing "start-up" rules for initial administration of the
compact.
(8) Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
(b) Section B. Officers and Staff
(1) The Interstate Commission shall, by a majority of the members,
elect annually from among its members a chairperson and a vice
chairperson, each of whom shall have such authority and duties as may
be specified in the bylaws. The chairperson or, in the chairperson's
absence or disability, the vice-chairperson shall preside at all
meetings of the Interstate Commission. The officers so elected shall
serve without compensation or remuneration from the Interstate
Commission; provided that, subject to the availability of budgeted
funds, the officers shall be reimbursed for any ordinary and
necessary costs and expenses incurred by them in the performance of
their duties and responsibilities as officers of the Interstate
Commission.
(2) The Interstate Commission shall, through its executive
committee, appoint or retain an executive director for such period,
upon such terms and conditions and for such compensation as the
Interstate Commission may deem appropriate. The executive director
shall serve as secretary to the Interstate Commission, but shall not
be a member and shall hire and supervise such other staff as may be
authorized by the Interstate Commission.
(c) Section C. Qualified Immunity, Defense, and Indemnification
(1) The commission's executive director and employees shall be
immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused or arising out of or
relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing
occurred within the scope of commission employment, duties, or
responsibilities, provided, that any such person shall not be
protected from suit or liability for any damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct
of any such person.
(2) The liability of any commissioner, or the employee or agent of
a commissioner, acting within the scope of such person's employment
or duties for acts, errors, or omissions occurring within such person'
s state may not exceed the limits of liability set forth under the
United States Constitution and laws of that state for state
officials, employees, and agents. Nothing in this paragraph shall be
construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or
willful and wanton misconduct of any such person.
(3) The Interstate Commission shall defend the executive director
or the employees or representatives of the Interstate Commission and,
subject to the approval of the Attorney General of the state
represented by any commissioner of a compacting state, shall defend
such commissioner or the commissioner's representatives or employees
in any civil action seeking to impose liability arising out of any
actual or alleged act, error or omission that occurred within the
scope of Interstate Commission employment, duties or
responsibilities, or that the defendant had a reasonable basis for
believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from intentional or
willful and wanton misconduct on the part of such person.
(4) The Interstate Commission shall indemnify and hold the
commissioner of a compacting state, or the commissioner's
representatives or employees, or the Interstate Commission's
representatives or employees, harmless in the amount of any
settlement or judgment obtained against such persons arising out of
any actual or alleged act, error, or omission that occurred within
the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from intentional or
willful and wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate and publish rules
in order to effectively and efficiently achieve the purposes of the
compact.
(b) Rulemaking shall occur pursuant to the criteria set forth in
this article and the bylaws and rules adopted pursuant thereto. Such
rulemaking shall substantially conform to the principles of the
"Model State Administrative Procedures Act," 1981 Act, Uniform Laws
Annotated, Vol. 15, p.1 (2000), or such other administrative
procedures act, as the Interstate Commission deems appropriate
consistent with the due process requirements under the United States
Constitution as now or hereafter interpreted by the United States
Supreme Court. All rules and amendments shall become binding as of
the date specified, as published with the final version of the rule
as approved by the commission.
(c) When promulgating a rule, the Interstate Commission shall, at
a minimum:
(1) Publish the proposed rule's entire text stating the reason(s)
for that proposed rule.
(2) Allow and invite any and all persons to submit written data,
facts, opinions and arguments, which information shall be added to
the record, and be made publicly available.
(3) Provide an opportunity for an informal hearing if petitioned
by 10 or more persons.
(4) Promulgate a final rule and its effective date, if
appropriate, based on input from state or local officials, or
interested parties.
(d) Allow, not later than sixty days after a rule is promulgated,
any interested person to file a petition in the United States
District Court for the District of Columbia or in the Federal
District Court where the Interstate Commission's principal office is
located for judicial review of such rule. If the court finds that the
Interstate Commission's action is not supported by substantial
evidence in the rulemaking record, the court shall hold the rule
unlawful and set it aside. For purposes of this subdivision, evidence
is substantial if it would be considered substantial evidence under
the Model State Administrative Procedures Act.
(e) If a majority of the Legislatures of the compacting states
rejects a rule, those states may, by enactment of a statute or
resolution in the same manner used to adopt the compact, cause that
such rule shall have no further force and effect in any compacting
state.
(f) The existing rules governing the operation of the Interstate
Compact on Juveniles superceded by this act shall be null and void 12
months after the first meeting of the Interstate Commission created
hereunder.
(g) Upon determination by the Interstate Commission that a state
of emergency exists, it may promulgate an emergency rule which shall
become effective immediately upon adoption, provided that the usual
rulemaking procedures provided hereunder shall be retroactively
applied to said rule as soon as reasonably possible, but no later
than 90 days after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE
COMMISSION
(a) Section A. Oversight
(1) The Interstate Commission shall oversee the administration and
operations of the interstate movement of juveniles subject to this
compact in the compacting states and shall monitor such activities
being administered in noncompacting states which may significantly
affect compacting states.
(2) The courts and executive
agencies in each compacting state shall enforce this compact and
shall take all actions necessary and appropriate to effectuate the
compact's purposes and intent. The provisions of this compact and the
rules promulgated hereunder shall be received by all the judges,
public officers, commissions, and departments of the state government
as evidence of the authorized statute and administrative rules. All
courts shall take judicial notice of the compact and the rules. In
any judicial or administrative proceeding in a compacting state
pertaining to the subject matter of this compact which may affect the
powers, responsibilities or actions of the Interstate Commission, it
shall be entitled to receive all service of process in any such
proceeding, and shall have standing to intervene in the proceeding
for all purposes.
(b) Section B. Dispute Resolution
(1) The compacting states shall report to the Interstate
Commission on all issues and activities necessary for the
administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and its
bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a
compacting state, to resolve any disputes or other issues which are
subject to the compact and which may arise among compacting states
and between compacting and noncompacting states. The commission shall
promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.
(3) The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact
using any or all means set forth in Article XI of this compact.
ARTICLE VIII
FINANCE
(a) The Interstate Commission shall pay or provide for the payment
of the reasonable expenses of its establishment, organization, and
ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual
assessment from each compacting state to cover the cost of the
internal operations and activities of the Interstate Commission and
its staff which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the Interstate Commission, taking into
consideration the population of each compacting state and the volume
of interstate movement of juveniles in each compacting state and
shall promulgate a rule binding upon all compacting states which
governs said assessment.
(c) The Interstate Commission shall not incur any obligations of
any kind prior to securing the funds adequate to meet the same, nor
shall the Interstate Commission pledge the credit of any of the
compacting states, except by and with the authority of the compacting
state.
(d) The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the
annual report of the Interstate Commission.
ARTICLE IX
THE STATE COUNCIL
Each member state shall create a State Council for Interstate
Juvenile Supervision. While each state may determine the membership
of its own state council, its membership must include at least one
representative from the legislative, judicial, and executive branches
of government, victims groups, and the compact administrator, deputy
compact administrator or designee. Each compacting state retains the
right to determine the qualifications of the compact administrator
or deputy compact administrator. Each state council will advise and
may exercise oversight and advocacy concerning that state's
participation in Interstate Commission activities and other duties as
may be determined by that state, including, but not limited to,
development of policy concerning operations and procedures of the
compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
(a) Any state, the District of Columbia (or its designee), the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Northern Marianas Islands as defined in
Article II of this compact is eligible to become a compacting state.
(b) The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than 35 of
the states. The initial effective date shall be the later of July 1,
2004, or upon enactment into law by the 35th jurisdiction. Thereafter
it shall become effective and binding as to any other compacting
state upon enactment of the compact into law by that state. The
governors of nonmember states or their designees shall be invited to
participate in the activities of the Interstate Commission on a
nonvoting basis prior to adoption of the compact by all states and
territories of the United States.
(c) The Interstate Commission may propose amendments to the
compact for enactment by the compacting states. No amendment shall
become effective and binding upon the Interstate Commission and the
compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
(a) Section A. Withdrawal
(1) Once effective, the compact shall continue in force and remain
binding upon each and every compacting state; provided that a
compacting state may withdraw from the compact by specifically
repealing the statute which enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the
repeal.
(3) The withdrawing state shall immediately notify the chairperson
of the Interstate Commission in writing upon the introduction of
legislation repealing this compact in the withdrawing state. The
Interstate Commission shall notify the other compacting states of the
withdrawing state's intent to withdraw within sixty days of its
receipt thereof.
(4) The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
withdrawal, including any obligations, the performance of which
extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state
shall occur upon the withdrawing state reenacting the compact or upon
such later date as determined by the Interstate Commission
(b) Section B. Technical Assistance, Fines, Suspension,
Termination, and Default
(1) If the Interstate Commission determines that any compacting
state has at any time defaulted in the performance of any of its
obligations or responsibilities under this compact, or the bylaws, or
duly promulgated rules, the Interstate Commission may impose any or
all of the following penalties:
(A) Remedial training and technical assistance as directed by the
Interstate Commission.
(B) Alternative dispute resolution.
(C) Fines, fees, and costs in such amounts as are deemed to be
reasonable as fixed by the Interstate Commission.
(D) Suspension or termination of membership in the compact, which
shall be imposed only after all other reasonable means of securing
compliance under the bylaws and rules have been exhausted and the
Interstate Commission has therefore determined that the offending
state is in default. Immediate notice of suspension shall be given by
the Interstate Commission to the Governor, the Chief Justice or the
Chief Judicial Officer of the state, the majority and minority
leaders of the defaulting state's legislature, and the state council.
The grounds for default include, but are not limited to, failure of
a compacting state to perform such obligations or responsibilities
imposed upon it by this compact, the bylaws, or duly promulgated
rules and any other grounds designated in commission bylaws and
rules. The Interstate Commission shall immediately notify the
defaulting state in writing of the penalty imposed by the Interstate
Commission and of the default pending a cure of the default. The
commission shall stipulate the conditions and the time period within
which the defaulting state must cure its default. If the defaulting
state fails to cure the default within the time period specified by
the commission, the defaulting state shall be terminated from the
compact upon an affirmative vote of a majority of the compacting
states and all rights, privileges, and benefits conferred by this
compact shall be terminated from the effective date of termination.
(2) Within 60 days of the effective date of termination of a
defaulting state, the commission shall notify the Governor, the Chief
Justice or Chief Judicial Officer, the majority and minority leaders
of the defaulting state's legislature, and the state council of such
termination.
(3) The defaulting state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
termination including any obligations, the performance of which
extends beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to
the defaulting state unless otherwise mutually agreed upon in
writing between the Interstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state
requires both a reenactment of the compact by the defaulting state
and the approval of the Interstate Commission pursuant to the rules.
(c) Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members,
initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the Interstate
Commission, in the federal district where the Interstate Commission
has its offices, to enforce compliance with the provisions of the
compact, its duly promulgated rules, and bylaws, against any
compacting state in default. In the event judicial enforcement is
necessary the prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees.
(d) Section D. Dissolution of Compact
(1) The compact dissolves effective upon the date of the
withdrawal or default of the compacting state, which reduces
membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null
and void and shall be of no further force or effect, and the
business and affairs of the Interstate Commission shall be concluded
and any surplus funds shall be distributed in accordance with the
bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any
phrase, clause, sentence, or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally construed to
effectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Section A. Other Laws
(1) Nothing herein prevents the enforcement of any other law of a
compacting state that is not inconsistent with this compact.
(2) All compacting states' laws other than state constitutions and
other interstate compacts conflicting with this compact are
superseded to the extent of the conflict.
(b) Section B. Binding Effect of the Compact
(1) All lawful actions of the Interstate Commission, including all
rules and bylaws promulgated by the Interstate Commission, are
binding upon the compacting states.
(2) All agreements between the Interstate Commission and the
compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a majority
vote of the compacting states, the Interstate Commission may issue
advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any compacting
state, the obligations, duties, powers, or jurisdiction sought to be
conferred by such provision upon the Interstate Commission shall be
ineffective and such obligations, duties, powers, or jurisdiction
shall remain in the compacting state and shall be exercised by the
agency thereof to which such obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time this compact
becomes effective.
1401. The compact administrator shall be the executive director
of the Corrections Standards Authority.
1402. The executive director of the Corrections Standards
Authority shall convene an executive steering committee to review and
make recommendations regarding the Interstate Compact for Juveniles
and whether permanent membership in the compact would be the most
effective and prudent means by which California can achieve the
purpose set forth in Section 1400 compared to other alternatives. The
Corrections Standards Authority shall present the executive steering
committee's final report, including recommendations for legislative
action, if necessary, to the appropriate committees of the
Legislature by January 1, 2011. The report shall be concise and may
be produced and submitted solely in electronic format.
1403. This chapter shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 3. Section 1766.2 is added to the Welfare and Institutions
Code, to read:
1766.2. (a) Except as provided in subdivision (b), all applicable
wards shall be placed on supervised parole within the period of 120
to 90 days prior to the date of release from custody from a Division
of Juvenile Facilities institution pursuant to the discharge
provisions of Section 1769, 1770, or 1771, or within the period of
120 to 90 days prior to completion of the maximum period of
confinement pursuant to Section 731, whichever comes first.
(b) Subdivision (a) shall not apply when a petition or order for
further detention of a juvenile has been requested by the Division of
Juvenile Facilities or the Juvenile Parole Board pursuant to Section
1800.
(c) A ward who has been released under the provisions of
subdivision (a) shall be subject to revocation of parole for alleged
violations committed during the period of release. Any term of
reconfinement under these circumstances shall remain subject to the
limits of Section 731, 1769, 1770, or 1771, as applicable in each
case. Any such revocation proceedings shall be in accordance with the
procedures and due process protections for parolees under current
law.
(d) For the purposes of this section, "applicable ward" means a
person who is confined in a facility or institution operated by the
Division of Juvenile Facilities 120 days prior to his or her
discharge date under Section 1769, 1770, or 1771, or 120 days prior
to completion of the maximum period of confinement under Section 731.
