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USA Statutes : maine
Title : Title 34-A. CORRECTIONS
Chapter : Chapter 09. INTERSTATE COMPACTS
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Title 34-A - §9001. Findings and purposes--Article I
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9001. Findings and purposes--Article I
The contracting states solemnly agree:
[1983, c. 459, § 6 (new).]
div>
That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to
endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states
party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with
respect to:
[1983, c. 459, § 6 (new).]
1. Cooperative supervision. Cooperative supervision of delinquent juveniles on probation or parole;
[1983, c. 459, § 6 (new).]
2. Return of delinquent juveniles. The return, from one state to another, of delinquent juveniles who have escaped or absconded;
[1983, c. 459, § 6 (new).]
3. Return of nondelinquent juveniles. The return, from one state to another, of nondelinquent juveniles who have run away from home; and
[1983, c. 459, § 6 (new).]
4. Additional measures undertaken cooperatively. Additional measures for the protection of juveniles and of the public, which any 2 or more of the party states may find desirable
to undertake cooperatively. In carrying out this compact, the party states shall be guided by the noncriminal, reformative
and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall
be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt
return and acceptance of juveniles and delinquent juveniles who become subject to this compact. This compact shall be reasonably
and liberally construed to accomplish the foregoing purposes.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9002. Existing rights and remedies--Article II
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9002. Existing rights and remedies--Article II
All remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies
and procedures, and shall not be in derogation of parental rights and responsibilities.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9003. Definitions--Article III
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9003. Definitions--Article III
For the purposes of this compact:
[1983, c. 459, § 6 (new).]
1. Court. "Court" means any court having jurisdiction over delinquent, neglected or dependent children;
[1983, c. 459, § 6 (new).]
2. Delinquent juvenile. "Delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact
are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision
of an agency or institution pursuant to an order of such court;
[1983, c. 459, § 6 (new).]
3. Probation or parole. "Probation or parole" means any kind of conditional release of juveniles authorized under the laws of the state party hereto;
[1983, c. 459, § 6 (new).]
4. Residence. "Residence" or any variant thereof means a place at which a home or regular place of abode is maintained;
[1983, c. 459, § 6 (new).]
5. State. "State" means any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto
Rico;
[1983, c. 459, § 6 (new).]
6. Minor. "Minor" means any person who has not attained the age of 18 years. A person charged with or convicted of a crime as an adult
in a demanding state, whose extradition from this State is sought by the demanding state shall be subject to the provisions
of Title 15, sections 201 to 229, although the person is a minor under the laws of this State; and
[1983, c. 459, § 6 (new).]
7. Adult. "Adult" means a person who has attained the age of 18 years.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9004. Return of runaways--Article IV
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9004. Return of runaways--Article IV
1. Requisition for return of juvenile. The parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent, but
who has run away without the consent of such parent, guardian, person or agency, may petition the appropriate court in the
demanding state for the issuance of a requisition for his return. The petition shall state the name and age of the juvenile,
the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of his running away,
his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has
run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified
by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the document or documents on
which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship
or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with such petition.
The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes
of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile
has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest
of the juvenile to compel his return to the state. If the judge determines, either with or without a hearing, that the juvenile
should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile
is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name
and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian,
person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile
that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent
juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return
of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal
custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed
in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator
of the demanding state, there to remain on file subject to the law governing records of such court. Upon the receipt of a
requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition
is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and
detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance
hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall
have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall
inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him. If the judge of such
court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding
him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing
the legality of the proceeding.
Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without
the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody
without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad
litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject
to the order of the court, for his own protection and welfare, for such a time not exceeding 90 days as will enable his return
to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time
when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal
charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected
of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without
the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision
for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment
of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through
any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile
shall be subject to such further proceedings as may be appropriate under the laws of that state.
[1983, c. 459, § 6 (new).]
2. Transportation costs. The state to which a juvenile is returned under this Article shall be responsible for payment of the transportation costs
of such return.
[1983, c. 459, § 6 (new).]
3. Juvenile defined. "Juvenile," as used in this Article, means any person who is a minor under the law of the state of residence of the parent,
guardian, person or agency entitled to the legal custody of such minor.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9005. Return of escapees and absconders--Article V
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9005. Return of escapees and absconders--Article V
1. Requisition for return of delinquent juvenile. The appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from
whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state
where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile.
Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent
juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or
agency vested with his legal custody or supervision and the location of such delinquent juvenile, if known, at the time the
requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied
by 2 certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile
to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents
as may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the compact
administrator of the demanding state, there to remain on file subject to the law governing records of the appropriate court.
Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or
the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate
person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite
the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon such order shall be delivered
over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he
shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made
for his return and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition
is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding
him shall have appointed to receive him. The judge may fix a reasonable time to be allowed for the purpose of testing the
legality of the proceeding.
Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped
from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person
may be taken into custody in any other state party to this compact without a requisition. In such event, he must be taken
forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall
determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such
a time, not exceeding 90 days, as will enable his detention under a detention order issued on a requisition pursuant to this
Article. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation
or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state
wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed
in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency,
he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding,
imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state
party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned,
shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference.
Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further
proceedings as may be appropriate under the laws of that state.
[1983, c. 459, § 6 (new).]
2. Transportation costs. The state to which a delinquent juvenile is returned under this Article shall be responsible for payment of the transportation
costs of such return.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9006-A. Rendition amendment--Article VI-A
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9006-A. Rendition amendment--Article VI-A
All provisions and procedures of Articles V and VI of the Uniform Interstate Compact on Juveniles shall be construed to apply
to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with
being a delinquent by reason of violating any criminal law, shall be returned to the requesting state upon a requisition to
the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in
the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless
of whether the juvenile left the state before or after the filing of the petition. The requisition described in Article V
of the compact shall be forwarded by the judge of the court in which the petition has been filed.
[1983, c. 459, § 6 (new).]
div>
This provision shall apply regardless of whether the requesting state has also adopted it.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9006. Voluntary return procedure--Article VI
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9006. Voluntary return procedure--Article VI
Any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with
his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party
to this compact, who is taken into custody without a requisition in another state party to this compact under Article IV,
subsection 1, or Article V, subsection 1, may consent to his immediate return to the state from which he absconded, escaped
or run away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem, if
any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile
or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state. Before
such consent shall be executed or subscribed, the judge, in the presence of counsel or guardian ad litem, if any, shall inform
the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be
forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct
the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers
of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent. The
court may, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return
unaccompanied to such state and shall provide him with a copy of such court order; in such event, a copy of the consent shall
be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9007. Cooperative supervision of probationers and parolees--Article VII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9007. Cooperative supervision of probationers and parolees--Article VII
1. Permission for delinquent juvenile to reside in receiving state. The duly constituted judicial and administrative authorities of a state party to this compact, herein called "sending state,"
may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to
this compact, herein called "receiving state," while on probation or parole, and the receiving state shall accept such delinquent
juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes
to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state
to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the
receiving state copies of pertinent court orders, social case studies and all other available information which may be of
value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in
its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person
entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the
sending state may transfer supervision accordingly.
[1983, c. 459, § 6 (new).]
2. Duties of receiving state. Each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the
exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent
juveniles released on probation or parole.
[1983, c. 459, § 6 (new).]
3. Returning delinquent juvenile. After consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability
and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving
state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities
will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken
and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive
upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile
on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have
him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within
such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving
state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense
or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles
being so returned through any and all states party to this compact, without interference.
[1983, c. 459, § 6 (new).]
4. Transportation costs. The sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to
the receiving state or of returning any delinquent juvenile to the sending state.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9008. Responsibility for costs--Article VIII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9008. Responsibility for costs--Article VIII
1. Internal relationships not affected. Article IV, subsection 2, Article V, subsection 2, and Article VII, subsection 4 of this compact shall not be construed to
alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party
state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
[1983, c. 459, § 6 (new).]
2. Asserting rights for costs. Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against
any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible
pursuant to Article IV, subsection 2, Article V, subsection 2, or Article VII, subsection 4 of this compact.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9009. Detention practices--Article IX
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9009. Detention practices--Article IX
To every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall
be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or
dissolute persons.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9010. Supplementary agreements--Article X
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9010. Supplementary agreements--Article X
The duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with
any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever
they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation.
Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary
agreement. Such supplementary agreements shall:
[1983, c. 459, § 6 (new).]
1. Rates. Provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration
the character of facilities, services and subsistence furnished;
[1983, c. 459, § 6 (new).]
2. Court hearing. Provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment
and custody;
[1983, c. 459, § 6 (new).]
3. Receiving state agent of sending state. Provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the
state sending such delinquent juvenile;
[1983, c. 459, § 6 (new).]
4. Sending state to retain jurisdiction. Provide that the sending state shall at all times retain jurisdiction over a delinquent juvenile sent to an institution in
another state;
[1983, c. 459, § 6 (new).]
5. Inspection. Provide for reasonable inspection of such institutions by the sending state;
[1983, c. 459, § 6 (new).]
6. Consent of parent, guardian or custodian. Provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile
shall be secured prior to his being sent to another state; and
[1983, c. 459, § 6 (new).]
7. Other matters and details. Make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent
juveniles and of the cooperating states.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9011. Acceptance of federal and other aid--Article XI
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9011. Acceptance of federal and other aid--Article XI
Any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the
federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and
functions of this compact, and may receive and utilize the same, subject to the terms, conditions and regulations governing
such donations, gifts and grants.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9012. Compact administrators--Article XII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9012. Compact administrators--Article XII
The governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other
party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9013. Execution of compact--Article XIII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9013. Execution of compact--Article XIII
This compact shall become operative immediately upon its execution by any state as between it and any other state or states
so executing. When executed, it shall have the full force and effect of law within such state, the form of execution to be
in accordance with the laws of the executing state.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9014. Renunciation--Article XIV
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9014. Renunciation--Article XIV
This compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of
this compact shall be by the same authority which executed it, by sending 6 months' notice in writing of its intention to
withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under Article
VII shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged.
Supplementary agreements entered into under Article X shall be subject to renunciation as provided by such supplementary
agreements, and shall not be subject to the 6 months' renunciation notice of the present Article.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9015. Severability--Article XV
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9015. Severability--Article XV
The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any
government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability
thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary
to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as to all severable matters.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9016. Action by Governor
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 1: UNIFORM INTERSTATE COMPACT ON JUVENILES
§9016. Action by Governor
The Governor of this State is authorized and directed to execute a compact on behalf of the State with any of the states of
the United States legally joining therein in the form substantially as provided in this chapter.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9201. Purpose and policy--Article I
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9201. Purpose and policy--Article I
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate
programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of
each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving
the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs.
The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the
confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9202. Definitions--Article II
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9202. Definitions--Article II
As used in this compact, unless the context otherwise indicates, the following terms have the following meanings.
[1983, c. 459, § 6 (new).]
1. Inmate. "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.
[1983, c. 459, § 6 (new).]
2. Institution. "Institution" means any penal or correctional facility, including, but not limited to, a facility for the mentally ill or
mentally defective, in which inmates, as defined in subsection 1, may lawfully be confined.
[1983, c. 459, § 6 (new).]
3. Receiving state. "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which
conviction or court commitment was had.
[1983, c. 459, § 6 (new).]
4. Sending state. "Sending state" means a state party to this compact in which conviction or court commitment was had.
[1983, c. 459, § 6 (new).]
5. State. "State" means a state of the United States, located in New England, to wit, Maine, New Hampshire, Vermont, Massachusetts,
Connecticut and Rhode Island.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9203. Contracts--Article III
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9203. Contracts--Article III
Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates
on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
[1983, c. 459, § 6 (new).]
1. Duration. Its duration;
[1983, c. 459, § 6 (new).]
2. Payments. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental
expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs
or treatment not reasonably included as part of normal maintenance;
[1983, c. 459, § 6 (new).]
3. Employment. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates
on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom;
[1983, c. 459, § 6 (new).]
4. Inmate delivery. Delivery and retaking of inmates; and
[1983, c. 459, § 6 (new).]
5. Other matters. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending
and receiving states.
[1983, c. 459, § 6 (new).]
div>
Subject to legislative approval by the states concerned and prior to the construction or completion of construction of any
institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement
of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures,
and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates
of the sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are legally
available therefor, pay to the receiving state a reasonable sum as consideration for such enlargement of capacity, or provision
of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided
in the contract.
[1983, c. 459, § 6 (new).]
div>
The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto,
and nothing in any such contract shall be inconsistent therewith.
[1983, c.459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9204. Procedures and rights--Article IV
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9204. Procedures and rights--Article IV
Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant
to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another
party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation
or treatment, said officials may direct that the confinement be within an institution within the territory of said other party
state, the receiving state to act in that regard solely as agent for the sending state.
[1983, c. 459, § 6 (new).]
div>
The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution
in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such
of its inmates as may be confined in the institution.
[1983, c. 459, § 6 (new).]
div>
Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction
of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending
state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates,
for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided
that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract
entered into under the terms of Article III.
[1983, c. 459, § 6 (new).]
div>
Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions
pursuant to this compact, including a conduct record of each inmate, and certify said record to the official designated by
the sending state, in order that each inmate may have official review of his or her record in determining and altering the
disposition of the inmate in accordance with the law which may obtain in the sending state and in order that the same may
be a source of information for the sending state.
[1983, c. 459, § 6 (new).]
div>
All inmates who may be confined in an institution pursuant to this compact shall be treated in a reasonable and humane manner
and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution.
The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which the inmate
would have had if confined in an appropriate institution of the sending state.
[1983, c. 459, § 6 (new).]
div>
Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state
may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending
state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials
of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing
law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be
made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official
or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings
had pursuant to this paragraph, the officials of the receiving state shall act solely as agents of the sending state and no
final determination shall be made in any matter except by the appropriate officials of the sending state.
[1983, c. 459, § 6 (new).]
div>
Any inmate confined pursuant to this compact shall be released within the territory of the sending state, unless the inmate
and the sending and receiving states shall agree upon release in some other place. The sending state shall bear the cost
of such return to its territory.
[1983, c. 459, § 6 (new).]
div>
Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits
or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action
or proceeding in which he could have participated if confined in any appropriate institution of the sending state located
within such state.
[1983, c. 459, § 6 (new).]
div>
The parent, guardian, trustee or other person or persons entitled under the laws of the sending state to act for, advise or
otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect
of any inmate confined pursuant to the terms of this compact.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9205. Acts not reviewable in receiving state; extradition--Article V
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9205. Acts not reviewable in receiving state; extradition--Article V
Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall
be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to remove an
inmate from an institution in the receiving state, there is pending against the inmate within such state any criminal charge
or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned
without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or
detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant
to this compact through any and all states party to this compact without interference.
[1983, c. 459, § 6 (new).]
div>
Any inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from
the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other
than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that
of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and
agencies of any jurisdiction directed toward the apprehension and return of an escapee.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9206. Federal aid--Article VI
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9206. Federal aid--Article VI
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which
is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this
compact may participate in any such federally aided program or activity for which the sending and receiving states have made
contractual provision, provided that, if such program or activity is not part of the customary correctional regimen, the express
consent of the appropriate official of the sending state shall be required therefor.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9207. Entry into force--Article VII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9207. Entry into force--Article VII
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into
law by any 2 states from among the states of New England. Thereafter, this compact shall enter into force and become effective
and binding as to any other of said states upon similar action by such state.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9208. Withdrawal and termination--Article VIII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9208. Withdrawal and termination--Article VIII
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing
the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials
of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute
have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the
effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory,
at its own expense, such inmates as it may have confined pursuant to this compact.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9209. Other arrangements unaffected--Article IX
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9209. Other arrangements unaffected--Article IX
Nothing contained in this compact shall be construed to abrogate nor impair any agreement or other arrangement which a party
state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws
of a party state authorizing the making of cooperative institutional arrangements.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9210. Construction and severability--Article X
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9210. Construction and severability--Article X
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision
of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9221. Ratification
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9221. Ratification
The New England Interstate Corrections Compact is enacted into law and entered into by this State with any other of the states
mentioned in Article II legally joining therein in the form substantially as provided in this subchapter.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9222. Title
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9222. Title
This subchapter may be cited as the "New England Interstate Corrections Compact."
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9223. Powers
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 2: NEW ENGLAND INTERSTATE CORRECTIONS COMPACT
§9223. Powers
The Commissioner of Corrections is authorized and directed to do all things necessary or incidental to the carrying out of
the compact in every particular.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9401. Purpose and policy--Article I
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9401. Purpose and policy--Article I
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate
programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of
each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving
the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs.
The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the
confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9402. Definitions--Article II
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9402. Definitions--Article II
As used in this compact, unless the context clearly requires otherwise:
[1983, c. 459, § 6 (new).]
1. Inmate. "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution;
[1983, c. 459, § 6 (new).]
2. Institution. "Institution" means any penal or correctional facility, including, but not limited to, a facility for the mentally ill or
mentally defective, in which inmates, as defined in subsection 1, may lawfully be confined;
[1983, c. 459, § 6 (new).]
3. Receiving state. "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which
conviction or court commitment was had;
[1983, c. 459, § 6 (new).]
4. Sending state. "Sending state" means a state party to this compact in which conviction or court commitment was had; and
[1983, c. 459, § 6 (new).]
5. State. "State" means a state of the United States, the United States of America, a territory or possession of the United States,
the District of Columbia or the Commonwealth of Puerto Rico.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9403. Contracts--Article III
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9403. Contracts--Article III
Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates
on behalf of a sending state in institutions situated within receiving states.
[1983, c. 459, § 6 (new).]
1. Contract provisions. Any such contract shall provide for:
A. Its duration;
[1983, c. 459, § 6 (new).]
B. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental
expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs
or treatment not reasonably included as part of normal maintenance;
[1983, c. 459, § 6 (new).]
C. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates
on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom;
[1983, c. 459, § 6 (new).]
D. Delivery and retaking of inmates; and
[1983, c. 459, § 6 (new).]
E. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending
and receiving states.
[1983, c. 459, § 6 (new).]
The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto,
and nothing in any such contract shall be inconsistent therewith.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9404. Procedures and rights--Article IV
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9404. Procedures and rights--Article IV
Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant
to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another
party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation
or treatment, the officials may direct that the confinement be within an institution within the territory of the other party
state, the receiving state to act in that regard solely as agent for the sending state.
[1983, c. 459, § 6 (new).]
div>
The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution
in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such
of its inmates as may be confined in the institution.
[1983, c. 459, § 6 (new).]
div>
Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction
of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending
state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates,
for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided
that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract
entered into under the terms of Article III.
[1983, c. 459, § 6 (new).]
div>
Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions
pursuant to this compact, including a conduct record of each inmate, and certify the record to the official designated by
the sending state, in order that each inmate may have official review of his or her record in determining and altering the
disposition of the inmate in accordance with the law which may obtain in the sending state and in order that the same may
be a source of information for the sending state.
[1983, c. 459, § 6 (new).]
div>
All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable
and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the
same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights
which the inmate would have had if confined in an appropriate institution of the sending state.
[1983, c. 459, § 6 (new).]
div>
Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state
may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending
state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials
of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing
law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be
made. The record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official
or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings
had pursuant to the provisions of this section, the officials of the receiving state shall act solely as agents of the sending
state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
[1983, c. 459, § 6 (new).]
div>
Any inmate confined pursuant to this compact shall be released within the territory of the sending state, unless the inmate
and the sending and receiving states shall agree upon release in some other place. The sending state shall bear the cost
of such return to its territory.
[1983, c. 459, § 6 (new).]
div>
Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits
or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action
or proceeding in which he could have participated if confined in any appropriate institution of the sending state located
within such state.
[1983, c. 459, § 6 (new).]
div>
The parent, guardian, trustee or other person or persons entitled under the laws of the sending state to act for, advise or
otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect
of any inmate confined pursuant to the terms of this compact.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9405. Acts not reviewable in receiving state; extradition--Article V
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9405. Acts not reviewable in receiving state; extradition--Article V
Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall
be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to remove an
inmate from an institution in the receiving state, there is pending against the inmate within such state any criminal charge
or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned
without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or
detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant
to this compact through any and all states party to this compact without interference.
[1983, c. 459, § 6 (new).]
div>
An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from
the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other
than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that
of the sending state, but nothing contained herein shall be construed to prevent nor affect the activities of officers and
agencies of any jurisdiction directed toward the apprehension and return of an escapee.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9406. Federal aid--Article VI
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9406. Federal aid--Article VI
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which
is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this
compact may participate in any such federally aided program or activity for which the sending and receiving states have made
contractual provisions; provided that, if such program or activity is not part of the customary correctional regimen, the
express consent of the appropriate official of the sending state shall be required therefor.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9407. Entry into force--Article VII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9407. Entry into force--Article VII
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into
law by any 2 states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said
states upon similar action by such state.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9408. Withdrawal and termination--Article VIII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9408. Withdrawal and termination--Article VIII
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing
the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials
of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute
have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the
effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory,
at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9409. Other arrangements unaffected--Article IX
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9409. Other arrangements unaffected--Article IX
Nothing contained in this compact shall be construed to abrogate nor impair any agreement or other arrangement which a party
state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws
of a party state authorizing the making of cooperative institutional arrangements.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9410. Construction and severability--Article X
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9410. Construction and severability--Article X
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision
of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9421. Ratification
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9421. Ratification
The Interstate Corrections Compact is hereby enacted into law and entered into by this State with any other states legally
joining therein.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9422. Title
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9422. Title
This subchapter may be cited as the "Interstate Corrections Compact."
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9423. Powers
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9423. Powers
The Commissioner of Corrections, subject to the limitations provided under section 9424, is hereby authorized and directed
to do all things necessary or incidental to the carrying out of the compact in every particular.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9424. Limitations
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 3: INTERSTATE CORRECTIONS COMPACT
§9424. Limitations
The commissioner shall carry out the provisions of this compact in accordance with the following.
[1983, c. 459, § 6 (new).]
1. Juveniles excluded. For purposes of this compact, no juvenile may be considered an inmate, as defined in section 9402.
[1983, c. 459, § 6 (new).]
2. Contracts. Any contracts made with one of the other party states for the confinement of inmates in Maine may provide for cash payments
for the costs of the confinement whenever the total days for inmates placed in Maine by that state exceeds by 200 the number
of days for inmates placed by Maine in that state. Otherwise, all contracts shall provide for an accrual of days earned by
the respective states rather than cash payments.
[1983, c. 459, § 6 (new).]
3. Inmates. The commissioner may accept an inmate for confinement in Maine if, in the opinion of the commissioner, the inmate has demonstrated
ties to this State which would justify the confinement, or the inmate's confinement in this State is in the best interests
of the inmate or the State of Maine.
[1983, c. 459, § 6 (new).]
4. Transportation. The commissioner may permit any inmate who may be confined in another state under the provisions of the compact to pay the
costs of transportation to the receiving state.
[1983, c. 459, § 6 (new).]
5. Facilities. The commissioner may not accept any inmate under the provisions of the compact when the confinement of that inmate would
cause immediately, or in the near future would be likely to cause, a need for an increase in correctional facilities in this
State.
[1983, c. 459, § 6 (new).]
6. Report. The commissioner shall annually, prior to February 1st, present a report to the joint standing committee of the Legislature
having jurisdiction over health and institutional services describing any actions taken under the provisions of the compact
during the previous year.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9601. Purpose and policy--Article I
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 1: AGREEMENT
§9601. Purpose and policy--Article I
The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or
complaints, and difficulties in securing speedy trials of persons already incarcerated in other jurisdictions, produce uncertainties
which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the
purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper
status of any and all detainers based on untried indictments, informations or complaints. The party states also find that
proceedings with reference to such charges and detainers, when emanating from other jurisdictions, cannot properly be had
in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9602. Definitions--Article II
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 1: AGREEMENT
§9602. Definitions--Article II
As used in this agreement, unless the context clearly requires otherwise, the following terms shall have the following meanings.
[1983, c. 459, § 6 (new).]
1. Receiving state. "Receiving state" shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to
Article III or Article IV.
[1983, c. 459, § 6 (new).]
2. Sending state. "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final
disposition pursuant to Article III or at the time that a request for custody or availability is initiated pursuant to Article
IV.
[1983, c. 459, § 6 (new).]
3. State. "State" shall mean a state of the United States, the United States of America, a territory or possession of the United States,
the District of Columbia or the Commonwealth of Puerto Rico.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9603. Request for final disposition--Article III
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 1: AGREEMENT
§9603. Request for final disposition--Article III
1. Trial pending. Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever
during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information
or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within 180
days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's
jurisdiction written notice of the place of his imprisonment and his request for final disposition to be made of the indictment,
information or complaint, provided that, for good cause shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall
be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment
under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount
of good time earned, the time of parole eligibility of the prisoner and any decisions of the state parole agency relating
to the prisoner.
[1983, c. 459, § 6 (new).]
2. Request for final disposition. The written notice and request for final disposition referred to in subsection 1 shall be given or sent by the prisoner to
the warden, Commissioner of Corrections or other official having custody of him, who shall promptly forward it together with
the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
[1983, c. 459, § 6 (new).]
3. Notification. The warden, Commissioner of Corrections or other official having custody of the prisoner shall promptly inform him of the
source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final
disposition of the indictment, information or complaint on which the detainer is based.
[1983, c. 459, § 6 (new).]
4. Application. Any request for final disposition made by a prisoner pursuant to subsection 1 shall operate as a request for final disposition
of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner
from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, Commissioner
of Corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers
and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent
of the proceeding being initiated by the prisoner. Any notification sent pursuant to this subsection shall be accompanied
by copies of the prisoner's written notice, request and the certificate. If trial is not had on any indictment, information
or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment,
information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same
with prejudice.
[1983, c. 459, § 6 (new).]
5. Waiver of extradition. Any request for final disposition made by a prisoner pursuant to subsection 1 shall also be deemed to be a waiver of extradition
with respect to any charge or proceeding contemplated thereby or included therein by reason of subsection 1 and a waiver of
extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment
in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production
of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further
consent voluntarily to be returned to the original place of imprisonment in accordance with this agreement. Nothing in this
subsection shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
[1983, c. 459, § 6 (new).]
6. Escape. Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in subsection
1 shall void the request.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9604. Temporary custody--Article IV
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 1: AGREEMENT
§9604. Temporary custody--Article IV
1. Request. The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be
entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state
made available in accordance with Article V, subsection 1, upon presentation of a written request for temporary custody or
availability to the appropriate authorities of the state in which the prisoner is incarcerated, provided that the court having
jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request,
and provided further that there shall be a period of 30 days after receipt by the appropriate authorities before the request
be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability,
either upon his own motion or upon motion of the prisoner.
[1983, c. 459, § 6 (new).]
2. Certificate. Upon receipt of the officer's written request as provided in subsection 1, the appropriate authorities having the prisoner
in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held,
the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole
eligibility of the prisoner and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously
shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner
with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
[1983, c. 459, § 6 (new).]
3. Time of trial. In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the
prisoner in the receiving state, but, for good cause shown in open court, the prisoner or his counsel being present, the court
having jurisdiction of the matter may grant any necessary or reasonable continuance.
[1983, c. 459, § 6 (new).]
4. Legality of delivery. Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the
legality of his delivery as provided in subsection 1, but such delivery may not be opposed or denied on the ground that the
executive authority of the sending state has not affirmatively consented to or ordered such delivery.
[1983, c. 459, § 6 (new).]
5. Order dismissing. If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned
to the original place of imprisonment pursuant to Article V, subsection 5, such indictment, information or complaint shall
not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9605. Delivery--Article V
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 1: AGREEMENT
§9605. Delivery--Article V
1. Request. In response to a request made under Article III or Article IV, the appropriate authority in a sending state shall offer to
deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or
complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final
disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article
III. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody
as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial
arrangement may be approved by the custodian.
[1983, c. 459, § 6 (new).]
2. Identification; copy of indictment. The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:
A. Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to
be given; and
[1983, c. 459, § 6 (new).]
B. A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and
on the basis of which the request for temporary custody of the prisoner has been made.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
3. Dismissed. If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action
on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within
the period provided in Article III or Article IV, the appropriate court of the jurisdiction where the indictment, information
or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall
cease to be of any force or effect.
[1983, c. 459, § 6 (new).]
4. Purpose. The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge
or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or
detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance
at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held
in a suitable jail or other facility regularly used for persons awaiting prosecution.
[1983, c. 459, § 6 (new).]
5. Return. At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending
state.
[1983, c. 459, § 6 (new).]
6. Time on sentence. During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required
by this agreement, time being served on the sentence shall continue to run, but good time shall be earned by the prisoner
only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.
[1983, c. 459, § 6 (new).]
7. Escape. For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall
be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody
may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted
by law.
[1983, c. 459, § 6 (new).]
8. Responsibility; costs. From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned
to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or
complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of
transporting, caring for, keeping and returning the prisoner. This subsection shall govern unless the states concerned shall
have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between
or among themselves. Nothing in this subsection shall be construed to alter or affect any internal relationship among the
departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions,
as to the payment of costs, or responsibilities therefor.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9606. Time periods tolled--Article VI
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 1: AGREEMENT
§9606. Time periods tolled--Article VI
In determining the duration and expiration dates of the time periods provided in Articles III and IV, the running of said
time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court
having jurisdiction of the matter.
[1983, c. 459, § 6 (new).]
div>
No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged
to be mentally ill.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9607. Rules and regulations--Article VII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 1: AGREEMENT
§9607. Rules and regulations--Article VII
Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states,
shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall
provide, within and without the state, information necessary to the effective operation of this agreement.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9608. Effective date--Article VIII
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 1: AGREEMENT
§9608. Effective date--Article VIII
This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law.
A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of
any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such
withdrawal takes effect, nor shall it affect their rights in respect thereof.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9609. Construction--Article IX
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 1: AGREEMENT
§9609. Construction--Article IX
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable
and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party
state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid,
the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the
agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected
as to all severable matters.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9631. Designation of courts
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 2: PROVISIONS RELATING TO AGREEMENT
§9631. Designation of courts
The phrase "appropriate court" as used in Article I, with reference to the courts of this State, shall mean the District Court
or the Superior Court, as applicable.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9632. Enforcement and cooperation by courts and agencies
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 2: PROVISIONS RELATING TO AGREEMENT
§9632. Enforcement and cooperation by courts and agencies
All courts, departments, agencies, officers and employees of this State and its political subdivisions shall enforce the agreement
on detainers contained within Article I and cooperate with one another and with other party states in enforcing the agreement
and effectuating its purpose.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9633. Escape
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 2: PROVISIONS RELATING TO AGREEMENT
§9633. Escape
Any person, who escapes or attempts to escape from custody while in another state pursuant to Article I, shall be subject
to the penalties provided in Title 17-A, section 755, for escape or attempt to escape from the Maine State Prison.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9634. Chief administrative officer to give over the person of inmate
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 2: PROVISIONS RELATING TO AGREEMENT
§9634. Chief administrative officer to give over the person of inmate
The chief administrative officer of a correctional facility in Maine shall give over the person of any inmate thereof whenever
so required by the operation of the agreement on detainers.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9635. Commissioner of Corrections to make rules and regulations
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 2: PROVISIONS RELATING TO AGREEMENT
§9635. Commissioner of Corrections to make rules and regulations
The Commissioner of Corrections is designated as the officer provided for in section 9607.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9636. Hearing
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 4: INTERSTATE COMPACT ON DETAINERS
Article 2: PROVISIONS RELATING TO AGREEMENT
§9636. Hearing
Any prisoner for whom a written request for temporary custody has been received pursuant to Article IV, is entitled to a hearing
in the Superior Court prior to his delivery in accordance with Article V. The hearing shall be limited to the issue of whether
there are reasonable grounds to believe the prisoner is in fact the person charged in the indictment, information or complaint
of the demanding state.
[1983, c. 581, § 55 (new).]
Section History:
PL 1983,
Ch. 581,
§55
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9801-A. Notification of law enforcement agencies (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 1: COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9801-A. Notification of law enforcement agencies (REPEALED)
Section History:
PL 1997,
Ch. 714,
§5
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9801. Conditions for residence in another state--Article I (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 1: COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9801. Conditions for residence in another state--Article I (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9802. Duties of receiving state--Article II (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 1: COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9802. Duties of receiving state--Article II (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9803. Retaking--Article III (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 1: COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9803. Retaking--Article III (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9804. Transportation of retaken persons--Article IV (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 1: COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9804. Transportation of retaken persons--Article IV (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9805. Rules and regulations--Article V (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 1: COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9805. Rules and regulations--Article V (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9806. Entry into force--Article VI (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 1: COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9806. Entry into force--Article VI (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9807. Renunciation--Article VII (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 1: COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9807. Renunciation--Article VII (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9831. Action by Governor (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 2: PROVISIONS RELATING TO COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9831. Action by Governor (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9832. State defined (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 2: PROVISIONS RELATING TO COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9832. State defined (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9833. Short title (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 2: PROVISIONS RELATING TO COMPACT (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9833. Short title (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9861. Preliminary hearing required, detention (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 3: PRELIMINARY HEARING IN INTERSTATE PROBATION AND PAROLE VIOLATION CASES (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9861. Preliminary hearing required, detention (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 735,
§3
(AMD).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9862. Persons authorized to conduct preliminary hearing (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 3: PRELIMINARY HEARING IN INTERSTATE PROBATION AND PAROLE VIOLATION CASES (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9862. Persons authorized to conduct preliminary hearing (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9863. Procedure at preliminary hearing (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 3: PRELIMINARY HEARING IN INTERSTATE PROBATION AND PAROLE VIOLATION CASES (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9863. Procedure at preliminary hearing (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9864. Reciprocal provisions (REPEALED)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 5: UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
Article 3: PRELIMINARY HEARING IN INTERSTATE PROBATION AND PAROLE VIOLATION CASES (HEADING: PL 2003, c. 706, Pt. B, @5 (rp))
§9864. Reciprocal provisions (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 706,
§B5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9871. Short title--Article 1
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9871. Short title--Article 1
This subchapter may be known and cited as the "Interstate Compact for Adult Offender Supervision."
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9872. Definitions--Article 2
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9872. Definitions--Article 2
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
[2003, c. 495, §1 (new).]
1. Adult. "Adult" means both an individual legally classified as an adult and a juvenile treated as an adult by court order, statute
or operation of law.
[2003, c. 495, §1 (new).]
2. Bylaws. "Bylaws" means those bylaws established by the interstate commission for its governance or for directing or controlling
the interstate commission's actions or conduct.
[2003, c. 495, §1 (new).]
3. Commissioner. "Commissioner" means the voting representative of each compacting state appointed pursuant to section 9873.
[2003, c. 495, §1 (new).]
4. Compact administrator. "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 offenders subject to the terms of this compact,
the rules adopted by the interstate commission and policies adopted by the state council under this compact. The compact
administrator for Maine is the Commissioner of Corrections or the commissioner's designee.
[2003, c. 706, Pt. B, §6 (amd).]
5. Compacting state. "Compacting state" means any state that has enacted the enabling legislation for this compact.
[2003, c. 495, §1 (new).]
6. Interstate commission. "Interstate commission" means the Interstate Commission for Adult Offender Supervision established in this subchapter.
[2003, c. 495, §1 (new).]
7. Member. "Member" means the commissioner of a compacting state or a designee who is a person officially connected with the commissioner.
[2003, c. 495, §1 (new).]
8. Noncompacting state. "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.
[2003, c. 495, §1 (new).]
9. Offender. "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense
and released to the community under the jurisdiction of courts, paroling authorities or corrections or other criminal justice
agencies.
[2003, c. 495, §1 (new).]
10. Person. "Person" means any individual, corporation, business enterprise or other legal entity, either public or private.
[2003, c. 495, §1 (new).]
11. Rules. "Rules" means acts of the interstate commission, duly promulgated pursuant to section 9878, substantially affecting interested
parties in addition to the interstate commission that have the force and effect of law in the compacting states.
[2003, c. 495, §1 (new).]
12. State. "State" means a state of the United States, the District of Columbia and any other territorial possession of the United
States.
[2003, c. 495, §1 (new).]
13. State council. "State council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each
state under section 9874.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
PL 2003,
Ch. 706,
§B6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9873. Interstate Commission for Adult Offender Supervision--Article 3
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9873. Interstate Commission for Adult Offender Supervision--Article 3
1. Commission created. The compacting states hereby create the Interstate Commission for Adult Offender Supervision. The interstate commission
is a body corporate and joint agency of the compacting states. The interstate commission has all the responsibilities, powers
and duties set forth in this section, including the power to sue and be sued, 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.
[2003, c. 495, §1 (new).]
2. Commissioners. The interstate commission consists of commissioners selected and appointed by the state council for each state.
[2003, c. 495, §1 (new).]
3. Noncommissioner members. In addition to the commissioners who are the voting representatives of each state, the interstate commission includes individuals
who are not commissioners but who are members of interested organizations. These noncommissioner members must include a member
of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner
members of the interstate commission are ex officio, nonvoting members. The interstate commission may provide in its bylaws
for such additional, ex officio, nonvoting members as it considers necessary.
[2003, c. 495, §1 (new).]
4. Each state entitled to one vote; quorum. Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the
compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of
the interstate commission.
[2003, c. 495, §1 (new).]
5. Meetings. The interstate commission shall meet at least once each calendar year. The chair may call additional meetings and, upon
the request of a majority of the members, shall call additional meetings. Public notice must be given of all meetings and
meetings are open to the public.
[2003, c. 495, §1 (new).]
6. Executive committee. The interstate commission shall establish an executive committee that includes commission officers, members and others as
determined by the bylaws. The executive committee has 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 amendments to the compact. The executive
committee oversees the day-to-day activities managed by the executive director and interstate commission staff; administers
enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission; and
performs other duties as directed by the interstate commission or set forth in the bylaws.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9874. State council--Article 4
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9874. State council--Article 4
Each member state shall create a State Council for Interstate Adult Offender Supervision that is responsible for the appointment
of the commissioner who serves on the interstate commission from that state. Each state council shall appoint as its commissioner
the compact administrator from that state to serve on the interstate commission in such capacity under or pursuant to applicable
law of the member state. While each member 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. Each compacting state retains the right to determine the qualifications of the compact administrator
who must be appointed by the state council or by the governor in consultation with the legislature and the judiciary. In
addition to appointment of its commissioner to the interstate commission, each state council shall exercise oversight and
advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member
state, including, but not limited to, development of policy concerning operations and procedures of the compact within that
state.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9875. Powers of interstate commission--Article 5
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9875. Powers of interstate commission--Article 5
The interstate commission has the following powers:
[2003, c. 495, §1 (new).]
1. Adopt seal and bylaws. To adopt a seal and suitable bylaws governing the management and operation of the interstate commission;
[2003, c. 495, §1 (new).]
2. Promulgate rules. To promulgate rules that have the force and effect of statutory law and are binding in the compacting states to the extent
and in the manner provided in this compact;
[2003, c. 495, §1 (new).]
3. Supervise interstate movement of offenders. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact, any bylaws
adopted and rules promulgated by the interstate commission;
[2003, c. 495, §1 (new).]
4. Enforce compact, rules and bylaws. To enforce compliance with compact provisions and interstate commission rules and bylaws, using all necessary and proper
means, including, but not limited to, the use of judicial process;
[2003, c. 495, §1 (new).]
5. Establish and maintain offices. To establish and maintain offices;
[2003, c. 495, §1 (new).]
6. Purchase and maintain insurance and bonds. To purchase and maintain insurance and bonds;
[2003, c. 495, §1 (new).]
7. Provide personnel services. To borrow, accept or contract for services of personnel, including, but not limited to, members and the members' staffs;
[2003, c. 495, §1 (new).]
8. Establish and appoint committees; hire staff. To establish and appoint committees and hire staff that it considers necessary for carrying out its functions, including,
but not limited to, an executive committee as required by section 9873 that has the power to act on behalf of the interstate
commission in carrying out its powers and duties;
[2003, c. 495, §1 (new).]
9. Elect or appoint officers, attorneys, employees, agents or consultants; establish personnel policies. To elect or appoint officers, attorneys, employees, agents or consultants; to fix their compensation, define their duties
and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating
to, among other things, conflicts of interest, rates of compensation and qualifications of personnel;
[2003, c. 495, §1 (new).]
10. Accept donations. To accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose
of those donations and grants;
[2003, c. 495, §1 (new).]
11. Hold property. To lease, purchase, accept contributions or donations of or otherwise to own, hold, improve or use any property, real, personal
or mixed;
[2003, c. 495, §1 (new).]
12. Sell property. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
[2003, c. 495, §1 (new).]
13. Establish budget. To establish a budget, make expenditures and levy assessments as provided in section 9880;
[2003, c. 495, §1 (new).]
14. Sue and be sued. To sue and be sued;
[2003, c. 495, §1 (new).]
15. Provide for dispute resolution. To provide for dispute resolution among compacting states;
[2003, c. 495, §1 (new).]
16. Perform other functions. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
[2003, c. 495, §1 (new).]
17. Report. To report annually to the legislatures, governors, judiciaries and state councils of the compacting states concerning the
activities of the interstate commission during the preceding year. Such reports must also include any recommendations that
have been adopted by the interstate commission;
[2003, c. 495, §1 (new).]
18. Coordinate education regarding interstate movement of offenders. To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved
in such activity; and
[2003, c. 495, §1 (new).]
19. Establish standards for reporting, collecting and exchanging data. To establish uniform standards for the reporting, collecting and exchanging of data.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9876. Organization and operation of interstate commission--Article 6
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9876. Organization and operation of interstate commission--Article 6
1. Bylaws. The interstate commission shall adopt bylaws, by a majority vote of the members, within 12 months of the first interstate
commission meeting to govern its conduct as may be necessary or appropriate to carry out the purposes of this subchapter,
including, but not limited to:
A. Establishing the fiscal year of the interstate commission;
[2003, c. 495, §1 (new).]
B. Establishing an executive committee and such other committees as may be necessary;
[2003, c. 495, §1 (new).]
C. Providing reasonable standards and procedures:
(1) For the establishment of committees; and
(2) Governing any general or specific delegation of any authority or function of the interstate commission;
[2003, c. 495, §1 (new).]
D. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable
notice of each such meeting;
[2003, c. 495, §1 (new).]
E. Establishing the titles and responsibilities of the officers of the interstate commission;
[2003, c. 495, §1 (new).]
F. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate
commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws exclusively govern
the personnel policies and programs of the interstate commission;
[2003, c. 495, §1 (new).]
G. Providing a mechanism for winding up the operations of the interstate commission and the equitable 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;
[2003, c. 495, §1 (new).]
H. Providing transitional rules for administration of the compact when it first takes effect; and
[2003, c. 495, §1 (new).]
I. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
[2003, c. 495, §1 (new).]
[2003, c. 495, §1 (new).]
2. Officers and staff. The following provisions govern officers and staff.
A. The interstate commission shall, by a majority vote of the members, elect from among its members a chair and a vice-chair,
each of whom has such authorities and duties as may be specified in the bylaws. The chair or, in the chair's absence or disability,
the vice-chair shall preside at all meetings of the interstate commission. The officers so elected serve without compensation
or remuneration from the interstate commission, provided that, subject to the availability of budgeted funds, the officers
are reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities
as officers of the interstate commission.
[2003, c. 495, §1 (new).]
B. 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 considers appropriate. The executive
director serves as secretary to the interstate commission and may hire and supervise such other staff as may be authorized
by the interstate commission but may not be a member.
[2003, c. 495, §1 (new).]
[2003, c. 495, §1 (new).]
3. Corporate books and records of interstate commission. The interstate commission shall maintain its corporate books and records in accordance with the bylaws.
[2003, c. 495, §1 (new).]
4. Qualified immunity, defense and indemnification. The following provisions govern qualified immunity, defense and indemnification.
A. The members, officers, executive director and employees of the interstate commission are 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 an actual or alleged act, error or omission that occurred within the scope of interstate
commission employment, duties or responsibilities. Nothing in this paragraph may 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.
[2003, c. 495, §1 (new).]
B. The interstate commission shall defend the commissioner of a compacting state, a commissioner's representatives or employees
or the interstate commission's representatives or employees, in a 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, if the actual or alleged act, error or omission did not result from intentional wrongdoing
on the part of that person.
[2003, c. 495, §1 (new).]
C. The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employee
or the interstate commission's representative or employee, harmless in the amount of any settlement or judgment obtained against
such a person 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 a person had a reasonable basis for believing occurred within the scope
of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result
from gross negligence or intentional wrongdoing on the part of that person.
[2003, c. 495, §1 (new).]
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9877. Activities of interstate commission-- Article 7
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9877. Activities of interstate commission-- Article 7
1. Commission actions. The interstate commission shall meet and take such actions as are consistent with the provisions of this compact. Except
as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an
act of the interstate commission, the act must have been taken at a meeting of the interstate commission and must have received
an affirmative vote of a majority of the members present.
[2003, c. 495, §1 (new).]
2. Members' rights. Each member of the interstate commission has the right and power to cast a vote to which the compacting state is entitled
and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the
state and may not delegate a vote to another member state. A state council shall appoint another authorized representative
in the absence of the commissioner from that state to cast a vote on behalf of the member state at a specified meeting. The
bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
Any voting conducted by telephone or other means of telecommunication or electronic communication is subject to the same
quorum requirements of meetings when members are present in person.
[2003, c. 495, §1 (new).]
3. Meeting. The interstate commission shall meet at least once during each calendar year. The chair of the interstate commission may
call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
[2003, c. 495, §1 (new).]
4. Information; records available. The interstate commission's bylaws must 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. In promulgating rules, the interstate commission may make available to law enforcement agencies
records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive
or exchange information or records subject to nondisclosure and confidentiality provisions.
[2003, c. 495, §1 (new).]
5. Meeting notice. Public notice must be given of all meetings and all meetings are open to the public, except as set forth in the rules or
as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained
in the Government in the Sunshine Act, 5 United States Code, Section 552 (b), as amended. The interstate commission and any
of its committees may close a meeting to the public when the interstate commission determines by 23 vote that an open meeting:
A. Relates solely to the interstate commission's internal personnel practices and procedures;
[2003, c. 495, §1 (new).]
B. May disclose matters specifically exempted from disclosure by statute;
[2003, c. 495, §1 (new).]
C. May disclose trade secrets or commercial or financial information that is privileged or confidential;
[2003, c. 495, §1 (new).]
D. May involve accusing a person of a crime or formally censuring a person;
[2003, c. 495, §1 (new).]
E. May disclose information of a personal nature and that disclosure would constitute a clearly unwarranted invasion of personal
privacy;
[2003, c. 495, §1 (new).]
F. May disclose investigatory records compiled for law enforcement purposes;
[2003, c. 495, §1 (new).]
G. May 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 entity for the purpose of regulation or supervision
of such entity;
[2003, c. 495, §1 (new).]
H. May disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability
of a regulated entity; or
[2003, c. 495, §1 (new).]
I. Specifically relates to the interstate commission's issuance of a subpoena or its participation in a civil action or proceeding.
[2003, c. 495, §1 (new).]
[2003, c. 495, §1 (new).]
6. Public certification. For every meeting closed pursuant to subsection 5, the interstate commission's chief legal officer shall publicly certify
that, in the chief legal officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive
provision of subsection 5. The interstate commission shall keep minutes that fully and clearly describe all matters discussed
in any meeting and provide a full and accurate summary of any actions taken and the reasons for taking such actions, including
a description of each of the views expressed on any item and the record of any vote by roll call, reflected in the vote of
each member on the question. All documents considered in connection with any action must be identified in the minutes.
[2003, c. 495, §1 (new).]
7. Collect data. The interstate commission shall collect data concerning the interstate movement of offenders as directed through its bylaws
and rules that must specify the data to be collected, the means of collection and data exchange and reporting requirements.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9878. Rule-making functions of interstate commission--Article 8
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9878. Rule-making functions of interstate commission--Article 8
1. Rules. The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact,
including transitional rules governing administration of the compact during the period in which it is being considered and
enacted by the state.
Rulemaking must occur pursuant to the criteria set forth in this section and rules promulgated pursuant to this section.
The rulemaking must substantially conform to the principles of the federal Administrative Procedure Act, 5 United States Code,
Section 551 et seq. and the federal Advisory Committee Act, 5 United States Code App. 2 Section 1 et seq., as may be amended,
referred to in this subchapter as the "APA."
All rules and amendments are binding on the date specified in each rule or amendment.
[2003, c. 495, §1 (new).]
2. Rule void. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the
same manner used to adopt the compact, then the rule has no further effect in any compacting state.
[2003, c. 495, §1 (new).]
3. Promulgation of rules. When promulgating a rule, the interstate commission shall:
A. Publish the proposed rule stating with particularity the text of the proposed rule and the reason for the proposed rule;
[2003, c. 495, §1 (new).]
B. Allow persons to submit written data, facts, opinions and arguments, which information must be publicly available;
[2003, c. 495, §1 (new).]
C. Provide an opportunity for an informal hearing; and
[2003, c. 495, §1 (new).]
D. Promulgate a final rule and its effective date, if appropriate, based on the rule-making record.
[2003, c. 495, §1 (new).]
[2003, c. 495, §1 (new).]
4. Rule review. Not later than 60 days after a rule is promulgated, an interested person may 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 the rule. If the court finds that the interstate commission's action is not supported by substantial
evidence, as defined in the APA, in the rule-making record, the court shall hold the rule unlawful and set it aside.
[2003, c. 495, §1 (new).]
5. Subjects to be addressed. Subjects to be addressed within 12 months after the first meeting must, at a minimum, include:
A. Notice to victims and opportunity to be heard;
[2003, c. 495, §1 (new).]
B. Offender registration and compliance;
[2003, c. 495, §1 (new).]
C. Violations and returns;
[2003, c. 495, §1 (new).]
D. Transfer procedures and forms;
[2003, c. 495, §1 (new).]
E. Eligibility for transfer;
[2003, c. 495, §1 (new).]
F. Collection of restitution and fees from offenders;
[2003, c. 495, §1 (new).]
G. Data collection and reporting;
[2003, c. 495, §1 (new).]
H. The level of supervision to be provided by the receiving state;
[2003, c. 495, §1 (new).]
I. Transitional rules governing the operation of the compact and the interstate commission during all or part of the period
between the effective date of the compact and the date that the last eligible state adopts the compact; and
[2003, c. 495, §1 (new).]
J. Mediation, arbitration and dispute resolution.
[2003, c. 495, §1 (new).]
[2003, c. 495, §1 (new).]
6. Emergency rule. If the interstate commission determines that an emergency exists, it may promulgate an emergency rule that becomes effective
immediately upon adoption as long as the usual rule-making procedures provided under this section are retroactively applied
to the rule as soon as reasonably possible but no later than 90 days after the effective date of the rule.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9879. Oversight, enforcement and dispute resolution by interstate commission-- Article 9
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9879. Oversight, enforcement and dispute resolution by interstate commission-- Article 9
1. Oversight. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor
activities being administered in noncompacting states that may significantly affect compacting states.
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. In any judicial or administrative proceeding in a compacting
state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the interstate
commission, the interstate commission is entitled to receive all service of process in any such proceeding, and has standing
to intervene in the proceeding for all purposes.
[2003, c. 495, §1 (new).]
2. Dispute resolution. The compacting states shall report to the interstate commission on issues or activities of concern to them, and cooperate
with and support the interstate commission in the discharge of its duties and responsibilities.
The interstate commission shall attempt to resolve any disputes or other issues that are subject to the compact and that may
arise among compacting states and noncompacting states. The interstate commission shall enact a bylaw or promulgate a rule
providing for both mediation and binding dispute resolution for disputes among the compacting states.
[2003, c. 495, §1 (new).]
3. Enforcement. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using
any or all means set forth in section 9882, subsection 2.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9880. Finance--Article 10
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9880. Finance--Article 10
1. Expenses. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization
and ongoing activities.
[2003, c. 495, §1 (new).]
2. Assessment. The interstate commission shall levy 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 sufficient to cover the interstate
commission's annual budget as approved each year. The aggregate annual assessment amount must be allocated based upon a formula
to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate
movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states that governs
the assessment.
[2003, c. 495, §1 (new).]
3. Obligations. The interstate commission may not incur any obligations of any kind prior to securing the funds adequate to meet the same
obligations; nor may the interstate commission pledge the credit of any of the compacting states, except by and with the authority
of the compacting state.
[2003, c. 495, §1 (new).]
4. Accounts. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements
of the interstate commission are subject to the audit and accounting procedures established under its bylaws. All receipts
and disbursements of funds handled by the interstate commission must be audited yearly by a certified or licensed public accountant
and the report of the audit must be included in and become part of the annual report of the interstate commission.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9881. Compacting state; effective date; amendment--Article 11
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9881. Compacting state; effective date; amendment--Article 11
1. Eligibility. Any state, as defined in section 9872, is eligible to become a compacting state.
[2003, c. 495, §1 (new).]
2. Effective date. The compact becomes effective and binding upon enactment of the compact into law by no fewer than 35 of the states. The
initial effective date is July 1, 2001, or upon enactment into law by the 35th state, whichever is later. After the initial
effective date, the compact becomes 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 will be invited to participate in interstate
commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
[2003, c. 495, §1 (new).]
3. Notification. The executive director of the interstate commission shall notify the Secretary of State of the State of Maine upon enactment
of the compact into law by no fewer than 35 states.
[2003, c. 495, §1 (new).]
4. Nonapplicability.
[2005, c. 397, Pt. A, §41 (rp).]
5. Amendment. Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. An amendment
does not become effective and binding upon the interstate commission and the compacting states unless it is enacted into law
by unanimous consent of the compacting states.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
PL 2005,
Ch. 397,
§A41
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9882. Withdrawal, default, termination and judicial enforcement--Article 12
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9882. Withdrawal, default, termination and judicial enforcement--Article 12
1. Withdrawal. Once effective, the compact continues in force and remains binding upon each compacting state. A compacting state may withdraw
from the compact by enacting a statute specifically repealing the statute that enacted the compact into law. The effective
date of withdrawal is the effective date of the repeal of the compact. The withdrawing state shall immediately notify the
chair 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
60 days of its receipt of the withdrawal notice. 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 extends
beyond the effective date of withdrawal. Reinstatement following withdrawal of any compacting state occurs on the withdrawing
state's reenactment of the compact or upon a later date determined by the interstate commission.
[2003, c. 495, §1 (new).]
2. Default. 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, the bylaws or any duly promulgated rules, the interstate commission
may impose any or all of the following penalties:
A. Fines, fees and costs in such amounts as are determined to be reasonable as fixed by the interstate commission;
[2003, c. 495, §1 (new).]
B. Remedial training and technical assistance as directed by the interstate commission; and
[2003, c. 495, §1 (new).]
C. Suspension and termination of membership in the compact. Suspension is imposed only after all other reasonable means of
securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension must be given by the interstate
commission to the governor, the chief justice or 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 the obligations or responsibilities imposed upon it by this compact, interstate commission
bylaws or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the
penalty imposed by the interstate commission on the defaulting state pending a resolution of the default. The interstate
commission shall stipulate the conditions and the time period within which the defaulting state shall resolve its default.
If the defaulting state fails to resolve the default within the time period specified by the interstate commission, in addition
to any other penalties imposed in this section the defaulting state may 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 are terminated
from the effective date of suspension.
Within 60 days of the effective date of termination of a defaulting state, the interstate 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.
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.
The interstate commission may not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between
the interstate commission and the defaulting state.
Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state's
legislature and the approval of the interstate commission pursuant to the rules.
[2003, c. 495, §1 (new).]
[2003, c. 495, §1 (new).]
3. 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 court where the interstate
commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and its bylaws
against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party must be awarded
all costs of such litigation, including reasonable attorney's fees.
[2003, c. 495, §1 (new).]
4. Dissolution of compact. The compact dissolves upon the date of the withdrawal or default of the compacting state that reduces membership in the
compact to one compacting state. Upon the dissolution of this compact, the compact becomes void and has no further effect.
The business and affairs of the interstate commission must be wound up and surplus funds must be distributed in accordance
with the bylaws.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9883. Severability and construction--Article 13
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9883. Severability and construction--Article 13
The provisions of this compact are severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact are enforceable. The provisions of this compact are liberally constructed to effectuate
its purposes.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9884. Binding effect of compact and other laws--Article 14
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9884. Binding effect of compact and other laws--Article 14
1. Other laws. This compact does not prevent the enforcement of any other law of a compacting state that is not inconsistent with this
compact. All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
[2003, c. 495, §1 (new).]
2. Binding effect of compact. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission,
are binding upon the compacting states. All agreements between the interstate commission and the compacting states are binding
in accordance with their terms.
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.
If a provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations,
duties, powers or jurisdiction to be conferred by such provision upon the interstate commission are ineffective. The obligations,
duties, powers or jurisdiction remain in the compacting state and are exercised by the agency of the compacting states to
which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
[2003, c. 495, §1 (new).]
Section History:
PL 2003,
Ch. 495,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9885. Notification of law enforcement agencies
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9885. Notification of law enforcement agencies
Prior to the department's consideration of a request under this compact, the department shall notify the district attorney
for the district in which the person will reside; the sheriff for the county in which the person will reside; the chief of
police of any municipality in which the person will reside; and the Department of Public Safety.
[2003, c. 706, Pt. B, §7 (new).]
Section History:
PL 2003,
Ch. 706,
§B7
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9886. Violation of interstate compact for adult offender supervision
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9886. Violation of interstate compact for adult offender supervision
Violation of the requirements of an interstate compact for adult offender supervision as enacted by the sentencing state is
a Class D crime as provided in Title 17-A, section 759.
[2003, c. 706, Pt. B, §7 (new).]
Section History:
PL 2003,
Ch. 706,
§B7
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9887. Supervision fee
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 6: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (HEADING: PL 2003, c. 495, @1 (new))
§9887. Supervision fee
The department may impose on a person accepted for supervision under this compact a supervision fee of between $10 and $50
per month, as determined by the department, for the term of supervision by the department. In determining the amount of the
fee, the department shall take into account the financial resources of the person and the nature of the burden the payment
imposes. A request for transfer of supervision may not be denied solely because the person is not able to pay the fee. When
a person fails to pay the supervision fee, the department may request the person's return to the sending state unless the
failure to pay was not attributable to the person's willful refusal to pay or to a failure on the person's part to make a
good faith effort to obtain the funds required for the payment.
[2005, c. 329, §13 (new).]
Section History:
PL 2005,
Ch. 329,
§13
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9901. Short title -- Article 1 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9901. Short title -- Article 1 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
div>
This subchapter may be known and cited as "the Interstate Compact for Juveniles," which is referred to in this subchapter
as "the compact."
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9902. Definitions -- Article 2 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9902. Definitions -- Article 2 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
div>
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
[2003, c. 500, §1 (new).]
1. Bylaws. "Bylaws" means those bylaws established by the interstate commission for its governance or for directing or controlling
the interstate commission's actions or conduct.
[2003, c. 500, §1 (new).]
2. Commissioner. "Commissioner" means the voting representative of each compacting state appointed pursuant to section 9903.
[2003, c. 500, §1 (new).]
3. Compact administrator. "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 under this compact. The compact
administrator for Maine is the Commissioner of Corrections or the commissioner's designee.
[2003, c. 706, Pt. B, §8 (amd).]
4. Compacting state. "Compacting state" means any state that has enacted the enabling legislation for this compact.
[2003, c. 500, §1 (new).]
5. Court. "Court" means a court having jurisdiction over juveniles.
[2003, c. 500, §1 (new).]
6. Deputy compact administrator. "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.
[2003, c. 500, §1 (new).]
7. Interstate commission. "Interstate commission" means the Interstate Commission for Juveniles established in this subchapter.
[2003, c. 500, §1 (new).]
8. Juvenile. "Juvenile" means any person defined as a juvenile in any member state or by the rules of the interstate commission, including:
A. An accused delinquent who is a person charged with an offense that, if committed by an adult, would be a criminal offense;
[2003, c. 500, §1 (new).]
B. An adjudicated delinquent who is a person found to have committed an offense that, if committed by an adult, would be a
criminal offense;
[2003, c. 500, §1 (new).]
C. An accused status offender who is a person charged with an offense that would not be a criminal offense if committed by
an adult;
[2003, c. 500, §1 (new).]
D. An adjudicated status offender who is a person found to have committed an offense that would not be a criminal offense if
committed by an adult; and
[2003, c. 500, §1 (new).]
E. A nonoffender who is a person in need of supervision who has not been accused or adjudicated as a status offender or delinquent.
[2003, c. 500, §1 (new).]
[2003, c. 500, §1 (new).]
9. Noncompacting state. "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.
[2003, c. 500, §1 (new).]
10. Probation or parole. "Probation" or "parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the
compacting states.
[2003, c. 500, §1 (new).]
11. Rule. "Rule" means a written statement by the interstate commission promulgated pursuant to section 9904 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 interstate commission; and has the force of statutory law in a compacting state, including the ability to amend, repeal
or suspend an existing rule.
[2003, c. 500, §1 (new).]
12. State. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
Guam, American Samoa and the Northern Marianas Islands.
[2003, c. 500, §1 (new).]
13. State council. "State council" means the resident members of the state council for interstate juvenile supervision created by each state
under section 9909.
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
PL 2003,
Ch. 706,
§B8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9903. Interstate Commission for Juveniles -- Article 3 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9903. Interstate Commission for Juveniles -- Article 3 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
1. Commission created. The compacting states hereby create the Interstate Commission for Juveniles. The commission is a body corporate and joint
agency of the compacting states. The commission has all the responsibilities, powers and duties set forth in this section,
including the power to sue and be sued, 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.
[2003, c. 500, §1 (new).]
2. Commissioners. The interstate commission consists 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. The commissioner is the
compact administrator, deputy compact administrator or designee from that state who serves on the interstate commission in
such capacity under or pursuant to the applicable law of the compacting state.
[2003, c. 500, §1 (new).]
3. Noncommissioner members. In addition to the commissioners who are the voting representatives of each state, the interstate commission includes individuals
who are not commissioners but who are members of interested organizations. Those noncommissioner members must include a member
of the national organizations of governors, legislators, state chief justices, attorneys general; members of the Interstate
Compact for Adult Offender Supervision and Interstate Compact for the Placement of Children; juvenile justice and juvenile
corrections officials; and crime victims. All noncommissioner members of the interstate commission are 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, as it considers necessary.
[2003, c. 500, §1 (new).]
4. Each state entitled to one vote; quorum. Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the
compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of
the interstate commission.
[2003, c. 500, §1 (new).]
5. Meetings. The interstate commission shall meet at least once each calendar year. The chair may call additional meetings and, upon
the request of a simple majority of the compacting states, shall call additional meetings. Public notice must be given of
all meetings and meetings are open to the public.
[2003, c. 500, §1 (new).]
6. Executive committee. The interstate commission shall establish an executive committee that includes commission officers, members and others as
determined by the bylaws. The executive committee has 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 amendments to the compact. The executive
committee oversees the day-to-day activities of the administration of the compact managed by the executive director and interstate
commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules; and performs
other duties as directed by the interstate commission or as set forth in the bylaws.
[2003, c. 500, §1 (new).]
7. Member participation. Each commissioner of the interstate commission has the right and power to cast a vote to which the commissioner's state
is entitled and to participate in the business and affairs of the interstate commission. A commissioner must vote in person
and may not delegate a vote to another compacting state, except a commissioner, in consultation with the state council, may
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.
[2003, c. 500, §1 (new).]
8. Public access to interstate commission records and information. The interstate commission's bylaws must 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.
[2003, c. 500, §1 (new).]
9. Public notice. Public notice of all meetings must be given and all meetings are 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 23 vote that an open meeting would be likely to:
A. Relate solely to the interstate commission's internal personnel practices and procedures;
[2003, c. 500, §1 (new).]
B. Disclose matters specifically exempted from disclosure by statute;
[2003, c. 500, §1 (new).]
C. Disclose trade secrets or commercial or financial information that is privileged or confidential;
[2003, c. 500, §1 (new).]
D. Involve accusing a person of a crime, or formally censuring a person;
[2003, c. 500, §1 (new).]
E. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
[2003, c. 500, §1 (new).]
F. Disclose investigative records compiled for law enforcement purposes;
[2003, c. 500, §1 (new).]
G. 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;
[2003, c. 500, §1 (new).]
H. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person
or entity; or
[2003, c. 500, §1 (new).]
I. Specifically relate to the interstate commission's issuance of a subpoena or its participation in a civil action or other
legal proceeding.
[2003, c. 500, §1 (new).]
[2003, c. 500, §1 (new).]
10. Process for closed meetings. For every meeting closed pursuant to subsection 9, 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 that fully and clearly describe all matters discussed in any meeting and provide
a full and accurate summary of any actions taken and the reasons therefor, including a description of each of the views expressed
on any item and the record of any roll call vote. All documents considered in connection with any action must be identified
in such minutes.
[2003, c. 500, §1 (new).]
11. Data collection; records. The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through
rules specifying the data to be collected, the means of collection and data exchange and the reporting requirements. These
methods of data collection, exchange and reporting must, insofar as is reasonably possible, conform to up-to-date technology
and coordinate the interstate commission's information functions with the appropriate repository of records.
[RR 2003, c. 1, §36 (cor).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
RR 2003,
Ch. 1,
§36
(COR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9904. Powers and duties of interstate commission -- Article 4 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9904. Powers and duties of interstate commission -- Article 4 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
1. Powers and duties. The interstate commission has the following powers and duties:
A. To provide for dispute resolution among compacting states;
[2003, c. 500, §1 (new).]
B. To promulgate rules to effect the purposes and obligations as enumerated in this compact, which have the force of statutory
law and are binding in the compacting states to the extent and in the manner provided in this compact;
[2003, c. 500, §1 (new).]
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;
[2003, c. 500, §1 (new).]
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;
[2003, c. 500, §1 (new).]
E. To establish and maintain offices that are located within one or more of the compacting states;
[2003, c. 500, §1 (new).]
F. To purchase and maintain insurance and bonds;
[2003, c. 500, §1 (new).]
G. To borrow, accept, hire or contract for services of personnel;
[2003, c. 500, §1 (new).]
H. To establish and appoint committees and hire staff that the interstate commission deems necessary for the carrying out of
its functions, including, but not limited to, an executive committee as required by section 9903 that has the power to act
on behalf of the interstate commission in carrying out its powers and duties hereunder;
[2003, c. 500, §1 (new).]
I. To elect or appoint officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties
and determine their qualifications;
[2003, c. 500, §1 (new).]
J. To establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest,
rates of compensation and qualifications of personnel;
[2003, c. 500, §1 (new).]
K. To accept any donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose
of donations and grants;
[2003, c. 500, §1 (new).]
L. To lease, purchase, accept contributions or donations of or otherwise to own, hold, improve or use any property, real, personal
or mixed;
[2003, c. 500, §1 (new).]
M. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
[2003, c. 500, §1 (new).]
N. To establish a budget and make expenditures and levy dues as provided in section 9908;
[2003, c. 500, §1 (new).]
O. To sue and be sued;
[2003, c. 500, §1 (new).]
P. To adopt a seal and bylaws governing the management and operation of the interstate commission;
[2003, c. 500, §1 (new).]
Q. To perform functions necessary or appropriate to achieve the purposes of this compact;
[2003, c. 500, §1 (new).]
R. 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. Annual reports must also include any recommendations that
may have been adopted by the interstate commission;
[2003, c. 500, §1 (new).]
S. To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved
in such activity;
[2003, c. 500, §1 (new).]
T. To establish uniform standards for reporting, collecting and exchanging data; and
[2003, c. 500, §1 (new).]
U. To maintain its corporate books and records in accordance with the bylaws.
[2003, c. 500, §1 (new).]
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9905. Organization and operation of interstate commission -- Article 5 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9905. Organization and operation of interstate commission -- Article 5 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
1. Bylaws. The interstate commission shall adopt bylaws by a majority of the members present and voting, within 12 months after the
first interstate commission meeting, to govern its conduct as may be necessary or appropriate to carry out the purposes of
this subchapter, including, but not limited to:
A. Establishing the fiscal year of the interstate commission;
[2003, c. 500, §1 (new).]
B. Establishing an executive committee and other necessary committees;
[2003, c. 500, §1 (new).]
C. Providing for the establishment of committees governing general or specific delegation of any authority or function of the
interstate commission;
[2003, c. 500, §1 (new).]
D. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable
notice of each meeting;
[2003, c. 500, §1 (new).]
E. Establishing the titles and responsibilities of the officers of the interstate commission;
[2003, c. 500, §1 (new).]
F. 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 and reserving of all of its debts and obligations;
[2003, c. 500, §1 (new).]
G. Providing start-up rules for initial administration of the compact; and
[2003, c. 500, §1 (new).]
H. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
[2003, c. 500, §1 (new).]
[2003, c. 500, §1 (new).]
2. Officers and staff. The following provisions govern officers and staff.
A. The interstate commission shall, by a majority of the members, elect annually from among its members a chair and a vice-chair,
each of whom has such authority and duties as may be specified in the bylaws. The chair or, in the chair's absence or disability,
the vice-chair shall preside at all meetings of the interstate commission. The officers so elected serve without compensation
or remuneration from the interstate commission, provided that, subject to the availability of budgeted funds, the officers
are 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.
[2003, c. 500, §1 (new).]
B. 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 considers appropriate. The executive
director serves as secretary to the interstate commission and may hire and supervise such other staff as may be authorized
by the interstate commission but may not be a member.
[2003, c. 500, §1 (new).]
[2003, c. 500, §1 (new).]
3. Qualified immunity, defense and indemnification. The following provisions govern qualified immunity, defense and indemnification.
A. The interstate commission's executive director and employees are 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 an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for
believing occurred, within the scope of interstate commission employment, duties or responsibilities. Nothing in this paragraph
may 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.
[2003, c. 500, §1 (new).]
B. The liability of a commissioner or 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 constitution and laws of that state for state officials, employees and agents. Nothing in this paragraph may 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.
[2003, c. 500, §1 (new).]
C. 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 a 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, if the actual or alleged act, error or omission did not result from intentional
or willful and wanton misconduct on the part of such person.
[2003, c. 500, §1 (new).]
D. The interstate commission shall indemnify and hold the commissioner of a compacting state, or the commissioner representative
or employee, or the interstate commission representative or employee, 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, if the actual or alleged act, error or omission
did not result from intentional or willful and wanton misconduct on the part of such persons.
[2003, c. 500, §1 (new).]
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9906. Rule-making functions of interstate commission -- Article 6 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9906. Rule-making functions of interstate commission -- Article 6 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
1. Rules. The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes
of the compact.
Rulemaking must occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant to this
section. The rulemaking must substantially conform to the principles of the federal Administrative Procedure Act, 5 United
States Code, Section 551 et seq. and the federal Advisory Committee Act, 5 United States Code App. 2 Section 1 et seq., as
may be amended, referred to in this subchapter as "the APA," or other administrative procedures act that the interstate commission
determines appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted
by the United States Supreme Court.
All rules and amendments are binding as of the date specified in each rule or amendment.
[2003, c. 500, §1 (new).]
2. Promulgation of rules. When adopting a rule, the interstate commission shall:
A. Publish the proposed rule stating with particularity the text of the proposed rule and the reason for the proposed rule;
[2003, c. 500, §1 (new).]
B. Allow persons to submit written data, facts, opinions and arguments, which must be added to the record and made publicly
available;
[2003, c. 500, §1 (new).]
C. Provide an opportunity for an informal hearing, if petitioned by 10 or more persons; and
[2003, c. 500, §1 (new).]
D. Promulgate a final rule and its effective date, if appropriate, based on the rule-making record, including input from state
or local officials and other interested parties.
[2003, c. 500, §1 (new).]
[2003, c. 500, §1 (new).]
3. Rule review. No later than 60 days after a rule is promulgated, an interested person may 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 the rule. If the court finds that the interstate commission's action is not supported by substantial
evidence in the rule-making record as defined in the APA, the court shall hold the rule unlawful and set it aside.
[2003, c. 500, §1 (new).]
4. Rule void. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the
same manner used to adopt the compact, then the rule has no further force and effect in any compacting state.
[2003, c. 500, §1 (new).]
5. Existing rules suspended. The existing rules governing the operation of the Interstate Compact for Juveniles superceded by this subchapter are void
12 months after the first meeting of the interstate commission.
[2003, c. 500, §1 (new).]
6. Emergency rule. If the interstate commission determines that an emergency exists, it may promulgate an emergency rule that becomes effective
immediately upon adoption as long as the usual rule-making procedures provided under this section are retroactively applied
to the rule as soon as reasonably possible but not later than 90 days after the effective date of the emergency rule.
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9907. Oversight, enforcement and dispute resolution by interstate commission -- Article 7 (CONTAINS TEXT WITH VARYING EFFECTIVE
DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9907. Oversight, enforcement and dispute resolution by interstate commission -- Article 7 (CONTAINS TEXT WITH VARYING EFFECTIVE
DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
1. Oversight. The interstate commission shall oversee the interstate movement of juveniles in the compacting states and shall monitor
activities being administered in noncompacting states that may significantly affect compacting states.
[2003, c. 500, §1 (new).]
2. Enforcement. 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 must be received by all the judges, public officers, commissions, and departments of the state government as evidence
of the authorized statute and administrative rules. 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 that may affect
the powers, responsibilities or actions of the interstate commission, the interstate commission is to receive all service
of process in any such proceeding and has standing to intervene in the proceeding for all purposes.
[2003, c. 500, §1 (new).]
3. Dispute resolution. The compacting states shall report to the interstate commission on 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.
The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that
are subject to the compact and that may arise among compacting states and noncompacting states. The interstate commission
shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
[2003, c. 500, §1 (new).]
4. Commission enforcement. The interstate commission shall enforce the provisions and rules of this compact using all means set forth in section 9911.
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9908. Finance -- Article 8 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9908. Finance -- Article 8 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
1. Expenses. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization
and ongoing activities.
[2003, c. 500, §1 (new).]
2. Assessment. The interstate commission shall levy 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 sufficient to cover the interstate
commission's annual budget as approved each year. The aggregate annual assessment amount must 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
that governs the assessment.
[2003, c. 500, §1 (new).]
3. Obligations. The interstate commission may not incur any obligations of any kind prior to securing the funds adequate to meet the same
obligations, nor may the interstate commission pledge the credit of any of the compacting states, except by and with the authority
of the compacting state.
[2003, c. 500, §1 (new).]
4. Accounts. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements
of the interstate commission are subject to the audit and accounting procedures established under its bylaws. All receipts
and disbursements of funds handled by the interstate commission must be audited yearly by a certified or licensed public accountant
and the report of the audit must be included in and become part of the annual report of the interstate commission.
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9909. State council -- Article 9 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9909. State council -- Article 9 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
div>
Each compacting 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 or the compact administrator's designee.
Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator.
Each state council shall 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.
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9910. Compacting state; effective date; amendment -- Article 10 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9910. Compacting state; effective date; amendment -- Article 10 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
1. Eligibility. Any state, as defined in section 9902, is eligible to become a compacting state.
[2003, c. 500, §1 (new).]
2. Effective date. The compact becomes effective and binding upon enactment of the compact into law by no fewer than 35 of the states. The
initial effective date is July 1, 2004 or upon enactment into law by the 35th state, whichever is later. After the initial
effective date, the compact becomes 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 will 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.
[2003, c. 500, §1 (new).]
3. Amendment. The interstate commission may propose amendments to the compact for enactment by the compacting states. An amendment does
not 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.
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9911. Withdrawal, default, termination and judicial enforcement -- Article 11 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9911. Withdrawal, default, termination and judicial enforcement -- Article 11 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
1. Withdrawal. Once effective, the compact continues in force and remains binding upon each compacting state. A compacting state may withdraw
from the compact by enacting a statute specifically repealing the statute that enacted the compact. The effective date of
withdrawal is the effective date of the repeal of the compact. The withdrawing state shall immediately notify the chair 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 60
days of its receipt of the withdrawal notice. 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 extends beyond the
effective date of withdrawal. Reinstatement following withdrawal of any compacting state occurs on the withdrawing state's
reenactment of the compact or upon a later date determined by the interstate commission.
[2003, c. 500, §1 (new).]
2. Default. 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, the bylaws or any 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;
[2003, c. 500, §1 (new).]
B. Alternative dispute resolution;
[2003, c. 500, §1 (new).]
C. Fines, fees and costs in such amounts as are determined to be reasonable as fixed by the interstate commission; and
[2003, c. 500, §1 (new).]
D. Suspension or termination of membership in the compact. Suspension is imposed only after all other reasonable means of
securing compliance under the bylaws and rules have been exhausted and the interstate commission has determined that the offending
state is in default. Immediate notice of suspension must 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
the obligations or responsibilities imposed upon it by this compact, the bylaws or duly promulgated rules. The interstate
commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on
the defaulting state pending a resolution of the default. The interstate commission shall stipulate the conditions and the
time period within which the defaulting state shall resolve its default. If the defaulting state fails to resolve the default
within the time period specified by the interstate commission, the defaulting state may 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
are terminated from the effective date of termination.
Within 60 days of the effective date of termination of a defaulting state, the interstate 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.
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.
The interstate commission may not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in
writing between the interstate commission and the defaulting state.
Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state's
legislature and the approval of the interstate commission pursuant to the rules.
[2003, c. 500, §1 (new).]
[2003, c. 500, §1 (new).]
3. 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 must be awarded
all costs of such litigation including reasonable attorney's fees.
[2003, c. 500, §1 (new).]
4. Dissolution of compact. The compact dissolves upon the date of the withdrawal or default of the compacting state that reduces membership in the
compact to one compacting state. Upon the dissolution of this compact, the compact becomes void and has no further force
or effect. The business and affairs of the interstate commission must be concluded and surplus funds must be distributed
in accordance with the bylaws.
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9912. Severability and construction -- Article 12 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9912. Severability and construction -- Article 12 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9910, subsection 2)
div>
The provisions of this compact are severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact are enforceable. The provisions of this compact are liberally constructed to effectuate
its purposes.
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9913. Binding effect of compact and other laws -- Article 13 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 7: THE INTERSTATE COMPACT FOR JUVENILES (HEADING: PL 2003, c. 500, @1 (new); RR 2003, c. 1, @35 (cor))
§9913. Binding effect of compact and other laws -- Article 13 (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See Title 34-A, section 9901, subsection 2)
1. Other laws. This compact does not prevent the enforcement of any other law of a compacting state that is not inconsistent with this
compact. All compacting states' laws, other than state constitutions and other interstate compacts, conflicting with this
compact are superseded to the extent of the conflict.
[2003, c. 500, §1 (new).]
2. Binding effect of compact. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission,
are binding upon the compacting states. All agreements between the interstate commission and the compacting states are binding
in accordance with their terms.
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.
If a provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations,
duties, powers or jurisdiction to be conferred by such provision upon the interstate commission is ineffective. The obligations,
duties, powers or jurisdiction remains in the compacting state and is exercised by the agency of the compacting state to which
the obligations, duties, powers or jurisdiction is delegated by law in effect at the time this compact becomes effective.
[2003, c. 500, §1 (new).]
Section History:
PL 2003,
Ch. 500,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §9921. State Council for Juvenile and Adult Offender Supervision established
Title 34-A: CORRECTIONS
Chapter 9: INTERSTATE COMPACTS
Subchapter 8: STATE COUNCIL (HEADING: PL 2003, c. 706, Pt. B, @9 (new))
§9921. State Council for Juvenile and Adult Offender Supervision established
The State Council for Juvenile and Adult Offender Supervision, referred to in this section as "the council," is established
to provide oversight and guidance to the State's participation in the Interstate Compact for Adult Offender Supervision and
the Interstate Compact for Juveniles.
[2003, c. 706, Pt. B, §9 (new).]
1. Membership. The council consists of at least 8 members as follows:
A. One member of the Senate, appointed by the President of the Senate;
[2003, c. 706, Pt. B, §9 (new).]
B. One member of the House of Representatives, appointed by the Speaker of the House;
[2003, c. 706, Pt. B, §9 (new).]
C. Three members who are appointed by the Governor for a term of 4 years, or until a successor is appointed, and who are eligible
for reappointment at the discretion of the Governor:
(1) One prosecutor;
(2) One representative of a statewide association representing victims of crime; and
(3) One representative representing law enforcement;
[2003, c. 706, Pt. B, §9 (new).]
D. The compact administrators for the Interstate Compact for Adult Offender Supervision and the Interstate Compact for Juveniles,
who may be designees appointed by the Commissioner of Corrections to administer the Interstate Compact for Adult Supervision
and the Interstate Compact for Juveniles;
[2003, c. 706, Pt. B, §9 (new).]
E. The Associate Commissioner for Adult Services or the associate commissioner's designee; and
[2003, c. 706, Pt. B, §9 (new).]
F. The Associate Commissioner for Juvenile Services or the associate commissioner's designee.
[2003, c. 706, Pt. B, §9 (new).]
The council shall invite the Chief Justice of the Supreme Judicial Court to designate a trial judge to act as advisor to the
council.
[2003, c. 706, Pt. B, §9 (new).]
Section History:
PL 2003,
Ch. 706,
§B9
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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