[Effective through June 30,
2006, or until enactment of the Interstate Compact for Juveniles into law
by the 35th jurisdiction, whichever is later.] The Governor is hereby
authorized and directed to execute a compact on behalf of this State with
any other state or states legally joining therein in the form
substantially as follows:
Interstate Compact on Juveniles
The contracting states solemnly agree:
ARTICLE I—Findings and Purposes
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 (1) cooperative supervision of delinquent
juveniles on probation or parole; (2) the return, from one state to
another, of delinquent juveniles who have escaped or absconded; (3) the
return, from one state to another, of nondelinquent juveniles who have
run away from home; and (4) additional measures for the protection of
juveniles and of the public, which any two or more of the party states
may find desirable to undertake cooperatively. In carrying out the
provisions of 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
the provisions of this compact. The provisions of this compact shall be
reasonably and liberally construed to accomplish the foregoing purposes.
ARTICLE II—Existing Rights and Remedies
That 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.
ARTICLE III—Definitions
That, for the purposes of this compact, “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; “probation or parole” means any kind of conditional
release of juveniles authorized under the laws of the states party
hereto; “court” means any court having jurisdiction over delinquent,
neglected or dependent children; “state” means any state, territory or
possession of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico; and “residence” or any variant thereof means
a place at which a home or regular place of abode is maintained.
ARTICLE IV—Return of Runaways
(a) That 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 two 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 provisions of
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.
(b) That the state to which a juvenile is returned under this
Article shall be responsible for payment of the transportation costs of
such return.
(c) That “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.
ARTICLE V—Return of Escapees and Absconders
(a) That 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 requisitions 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 two 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 provisions
of 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 fact 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, 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 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. But 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.
(b) That the state to which a delinquent juvenile is returned under
this Article shall be responsible for payment of the transportation costs
of such return.
ARTICLE VI—Voluntary Return Procedure
That 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 the provisions of Article IV (a) or of Article V (a), may
consent to his immediate return to the state from which he absconded,
escaped or ran 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,
however, 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, however, 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.
ARTICLE VII—Cooperative Supervision of Probationers and Parolees
(a) That 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 a 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.
(b) That 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.
(c) That, 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.
(d) That 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.
ARTICLE VIII—Responsibility for Costs
(a) That the provisions of Articles IV (b), V (b) and VII (d) 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.
(b) That 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 Articles IV
(b), V (b) or VII (d) of this compact.
ARTICLE IX—Detention Practices
That, 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.
ARTICLE X—Supplementary Agreements
That 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 (1) 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; (2) provide
that the delinquent juvenile shall be given a court hearing prior to his
being sent to another state for care, treatment and custody; (3) 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; (4) provide that the sending state shall at all
times retain jurisdiction over delinquent juveniles sent to an
institution in another state; (5) provide for reasonable inspection of
such institutions by the sending state; (6) 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 (7) 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.
ARTICLE XI—Acceptance of Federal and Other Aid
That 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.
ARTICLE XII—Compact Administrators
That 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.
ARTICLE XIII—Execution of Compact
That 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.
ARTICLE XIV—Renunciation
That 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 hereof 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
hereof 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.
ARTICLE XV—Severability
That 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
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.
(Added to NRS by 2003, 1105 ; R 2005, 414 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
[Effective July 1, 2006, or upon
enactment of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later.] The Interstate Compact for Juveniles
is hereby ratified, enacted into law and entered into with all
jurisdictions legally joining the Compact, in substantially the form set
forth in this section:
ARTICLE I. PURPOSE
The compacting states to the Interstate Compact for Juveniles
recognize that each state is responsible for the proper supervision or
return of juveniles, delinquents and status offenders who are on
probation or parole and who have absconded, escaped or run away from
supervision and control and in so doing have endangered their own safety
and the safety of others. The compacting states also recognize that each
state is responsible for the safe return of juveniles who have run away
from home and in doing so have left their state of residence. The
compacting states also recognize that Congress, by enacting the Crime
Control Act, 4 U.S.C. § 112 (1965), has authorized and encouraged
compacts for cooperative efforts and mutual assistance in the prevention
of crime.
It is the purpose of this Compact, through means of joint and
cooperative action among the compacting states, to:
(1) Ensure that the adjudicated juveniles and status offenders
subject to this Compact are provided adequate supervision and services in
the receiving state as ordered by the adjudicating judge or parole
authority in the sending state.
(2) Ensure that the public safety interests of the citizens,
including the victims of juvenile offenders, in both the sending and
receiving states, are adequately protected.
(3) Return juveniles who have run away, absconded or escaped from
supervision or control or who have been accused of an offense to the
state requesting their return.
(4) Make contracts for the cooperative institutionalization in
public facilities in member states of delinquent youth needing special
services.
(5) Provide for the effective tracking and supervision of
juveniles.
(6) Equitably allocate the costs, benefits and obligations of the
compacting states.
(7) Establish procedures to manage the movement between states of
juvenile offenders released to the community under the jurisdiction of
courts, juvenile departments or any other criminal or juvenile justice
agency which has jurisdiction over juvenile offenders.
(8) Ensure immediate notice to jurisdictions where defined
offenders are authorized to travel or to relocate across state lines.
(9) Establish procedures to resolve pending charges (detainers)
against juvenile offenders prior to transfer or release to the community
under the terms of this Compact.
(10) Establish a system of uniform data collection on information
pertaining to juveniles subject to this Compact that allows access by
authorized juvenile justice and criminal justice officials, and regular
reporting of the Compact’s activities to heads of state executive,
judicial and legislative branches and juvenile and criminal justice
administrators.
(11) Monitor compliance with rules governing interstate movement
of juveniles and initiate interventions to address and correct
noncompliance.
(12) Coordinate training and education regarding the regulation of
interstate movement of juveniles for officials involved in such activity.
(13) Coordinate the implementation and operation of the Compact
with the Interstate Compact on the Placement of Children, the Interstate
Compact for Adult Offender Supervision and other compacts affecting
juveniles, particularly in those cases where concurrent or overlapping
supervision issues arise.
It is the policy of the compacting states that the activities
conducted by the Interstate Commission created herein are the formation
of public policies and therefore are public business. Furthermore, the
compacting states shall cooperate and observe their individual and
collective duties and responsibilities for the prompt return and
acceptance of juveniles subject to the provisions of this Compact. The
provisions of this Compact shall be reasonably and liberally construed to
accomplish the purposes and policies of the Compact.
ARTICLE II. DEFINITIONS
As used in this Compact, unless the context clearly requires a
different construction:
(1) “Bylaws” means those bylaws established by the Interstate
Commission for its governance or for directing or controlling its actions
or conduct.
(2) “Commissioner” means the voting representative of each
compacting state appointed pursuant to Article III of this Compact.
(3) “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.
(4) “Compacting state” means any state which has enacted the
enabling legislation for this Compact.
(5) “Court” means any court having jurisdiction over delinquent,
neglected or dependent children.
(6) “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.
(7) “Interstate Commission” means the Interstate Commission for
Juveniles created by Article III of this Compact.
(8) “Juvenile” means any person defined as a juvenile in any
member state or by the rules of the Interstate Commission, including:
(a) Accused Delinquent—a person charged with an offense
that, if committed by an adult, would be a criminal offense;
(b) Adjudicated Delinquent—a person found to have committed
an offense that, if committed by an adult, would be a criminal offense;
(c) Accused Status Offender—a person charged with an offense
that would not be a criminal offense if committed by an adult;
(d) Adjudicated Status Offender—a person found to have
committed an offense that would not be a criminal offense if committed by
an adult; and
(e) Nonoffender—a person in need of supervision who has not
been accused or adjudicated a status offender or delinquent.
(9) “Noncompacting state” means any state which has not enacted
the enabling legislation for this Compact.
(10) “Probation or parole” means any kind of supervision or
conditional release of juveniles authorized under the laws of the
compacting states.
(11) “Rule” means a written statement by the Interstate Commission
promulgated pursuant to Article VI of this Compact that is of general
applicability, implements, interprets or prescribes a policy or provision
of the Compact or an organizational, procedural or practice requirement
of the Interstate Commission, and has the force and effect of statutory
law in a compacting state, and includes the amendment, repeal or
suspension of an existing rule.
(12) “State” means a state of the United States, the District of
Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa and the Northern Marianas Islands.
(13) “State Council” means the resident members of the State
Council for Interstate Juvenile Supervision created by each state under
Article IX of this Compact.
ARTICLE III. INTERSTATE COMMISSION FOR JUVENILES
(1) The compacting states hereby create the Interstate Commission
for Juveniles. The Interstate Commission shall be a body corporate and
joint agency of the compacting states. The Interstate Commission shall
have all the responsibilities, powers and duties set forth herein, and
such additional powers as may be conferred upon it by subsequent action
of the respective legislatures of the compacting states in accordance
with the terms of this Compact.
(2) The Interstate Commission shall consist of Commissioners
appointed by the appropriate appointing authority in each state pursuant
to the rules and requirements of each compacting state and in
consultation with the State Council created hereunder. The Commissioner
shall be the Compact Administrator, Deputy Compact Administrator or
designee from that state who shall serve on the Interstate Commission in
such capacity under or pursuant to the applicable law of the compacting
state.
(3) In addition to the Commissioners who are the voting
representatives of each state, the Interstate Commission shall include
individuals who are not Commissioners, but who are members of interested
organizations. Such noncommissioner members must include a member of the
national organizations of governors, legislators, state chief justices,
attorneys general, Interstate Compact for Adult Offender Supervision,
Interstate Compact on the Placement of Children, juvenile justice and
juvenile corrections officials, and crime victims. All noncommissioner
members of the Interstate Commission shall be ex officio, nonvoting
members. The Interstate Commission may provide in its bylaws for such
additional ex officio, nonvoting members, including members of other
national organizations, in such numbers as shall be determined by the
Interstate Commission.
(4) Each compacting state represented at any meeting of the
Interstate Commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the
Interstate Commission.
(5) The Interstate Commission shall meet at least once each
calendar year. The Chairperson may call additional meetings and, upon the
request of a simple majority of the compacting states, shall call
additional meetings. Public notice shall be given of all meetings and
meetings shall be open to the public.
(6) The Interstate Commission shall establish an Executive
Committee, which shall include Interstate Commission officers, members
and others as determined by the bylaws. The Executive Committee shall
have the power to act on behalf of the Interstate Commission during
periods when the Interstate Commission is not in session, with the
exception of rulemaking and/or amendment to the Compact. The Executive
Committee shall oversee the day-to-day activities of the administration
of the Compact managed by an Executive Director and Interstate Commission
staff, administer enforcement and compliance with the provisions of the
Compact, its bylaws and rules, and perform such other duties as directed
by the Interstate Commission or set forth in the bylaws.
(7) Each member of the Interstate Commission shall have the right
and power to cast a vote to which that compacting state is entitled and
to participate in the business and affairs of the Interstate Commission.
A member shall vote in person and shall not delegate a vote to another
compacting state. However, a Commissioner, in consultation with the State
Council, shall appoint another authorized representative, in the absence
of the Commissioner from that state, to cast a vote on behalf of the
compacting state at a specified meeting. The bylaws may provide for
members’ participation in meetings by telephone or other means of
telecommunication or electronic communication.
(8) The Interstate Commission’s bylaws shall establish conditions
and procedures under which the Interstate Commission shall make its
information and official records available to the public for inspection
or copying. The Interstate Commission may exempt from disclosure any
information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
(9) Public notice shall be given of all meetings and all meetings
shall be open to the public, except as set forth in the rules or as
otherwise provided in the Compact. The Interstate Commission and any of
its committees may close a meeting to the public where it determines by
two-thirds vote that an open meeting would be likely to:
(a) Relate solely to the Interstate Commission’s internal
personnel practices and procedures;
(b) Disclose matters specifically exempted from disclosure
by statute;
(c) Disclose trade secrets or commercial or financial
information which is privileged or confidential;
(d) Involve accusing any person of a crime or formally
censuring any person;
(e) Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of personal
privacy;
(f) Disclose investigative records compiled for law
enforcement purposes;
(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;
(h) Disclose information, the premature disclosure of which
would significantly endanger the stability of a regulated person or
entity; or
(i) Specifically relate to the Interstate Commission’s
issuance of a subpoena or its participation in a civil action or other
legal proceeding.
(10) For every meeting closed pursuant to this provision, the
Interstate Commission’s legal counsel shall publicly certify that, in the
legal counsel’s opinion, the meeting may be closed to the public, and
shall reference each relevant exemptive provision. The Interstate
Commission shall keep minutes which shall fully and clearly describe all
matters discussed in any meeting and shall provide a full and accurate
summary of any actions taken, and the reasons therefore, including a
description of each of the views expressed on any item and the record of
any roll call vote (reflected in the vote of each member on the
question). All documents considered in connection with any action shall
be identified in such minutes.
(11) The Interstate Commission shall collect standardized data
concerning the interstate movement of juveniles as directed through its
rules which shall specify the data to be collected, the means of
collection and data exchange and reporting requirements. Such methods of
data collection, exchange and reporting shall, insofar as is reasonably
possible, conform to up-to-date technology and coordinate its information
functions with the appropriate repository of records.
ARTICLE IV. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers and
duties:
(1) To provide for dispute resolution among compacting states.
(2) To promulgate rules to effect the purposes and obligations as
enumerated in this Compact, which shall have the force and effect of
statutory law and shall be binding in the compacting states to the extent
and in the manner provided in this Compact.
(3) 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.
(4) To enforce compliance with the provisions of the Compact, 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.
(5) To establish and maintain offices which shall be located
within one or more of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services of personnel.
(8) To establish and appoint committees and hire staff which it
deems necessary for the carrying out of its functions, including, but not
limited to, an Executive Committee as required by Article III which shall
have the power to act on behalf of the Interstate Commission in carrying
out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees,
agents or consultants, and to fix their compensation, define their duties
and determine their qualifications, and to establish the Interstate
Commission’s personnel policies and programs relating to, inter alia,
conflicts of interest, rates of compensation and qualifications of
personnel.
(10) To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive, utilize and
dispose of it.
(11) To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use, any property, real, personal or
mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon
or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as
provided in Article VIII of this Compact.
(14) To sue and be sued.
(15) To adopt a seal and bylaws governing the management and
operation of the Interstate Commission.
(16) To perform such functions as may be necessary or appropriate
to achieve the purposes of this Compact.
(17) To report annually to the legislatures, governors, judiciary
and State Councils of the compacting states concerning the activities of
the Interstate Commission during the preceding year. Such reports shall
also include any recommendations that may have been adopted by the
Interstate Commission.
(18) To coordinate education, training and public awareness
regarding the interstate movement of juveniles for officials involved in
such activity.
(19) To establish uniform standards of the reporting, collecting
and exchanging of data.
(20) To maintain the Interstate Commission’s corporate books and
records in accordance with the bylaws.
ARTICLE V. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
The Interstate Commission shall, by a majority of the members
present and voting, within 12 months after the first Interstate
Commission meeting, adopt bylaws to govern its conduct as may be
necessary or appropriate to carry out the purposes of the Compact,
including, but not limited to:
(1) Establishing the fiscal year of the Interstate Commission;
(2) Establishing an Executive Committee and such other committees
as may be necessary;
(3) Providing for the establishment of committees governing any
general or specific delegation of any authority or function of the
Interstate Commission;
(4) Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission, and ensuring reasonable notice of
each such meeting;
(5) Establishing the titles and responsibilities of the officers
of the Interstate Commission;
(6) Providing a mechanism for concluding the operations of the
Interstate Commission and the return of any surplus funds that may exist
upon the termination of the Compact after the payment and/or reserving of
all of its debts and obligations;
(7) Providing “start-up” rules for the initial administration of
the Compact; and
(8) Establishing standards and procedures for compliance and
technical assistance in carrying out the Compact.
Section B. Officers and Staff
(1) The Interstate Commission shall, by a majority of the members,
elect annually from among its members a Chairman and a Vice Chairman,
each of whom shall have such authority and duties as may be specified in
the bylaws. The Chairman or, in the Chairman’s absence or disability, the
Vice Chairman shall preside at all meetings of the Interstate Commission.
The officers so elected shall serve without compensation or remuneration
from the Interstate Commission, provided that, subject to the
availability of budgeted funds, the officers shall be reimbursed for any
ordinary and necessary costs and expenses incurred by them in the
performance of their duties and responsibilities as officers of the
Interstate Commission.
(2) The Interstate Commission shall, through its Executive
Committee, appoint or retain an Executive Director for such period, upon
such terms and conditions and for such compensation as the Interstate
Commission may deem appropriate. The Executive Director shall serve as
Secretary to the Interstate Commission, but shall not be a member and
shall hire and supervise such other staff as may be authorized by the
Interstate Commission.
Section C. Qualified Immunity, Defense and Indemnification
(1) The Interstate Commission’s Executive Director and employees
shall be immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of property or for
any personal injury or other civil liability caused by or arising out of
or relating to any actual or alleged act, error or omission that
occurred, or that such person had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties or
responsibilities, provided that any such person shall not be protected
from suit or liability for any damage, loss, injury or liability caused
by the intentional or willful and wanton misconduct of any such person.
(2) The liability of any Commissioner, or the employee or agent of
a Commissioner, acting within the scope of such person’s employment or
duties for acts, errors or omissions occurring within such person’s state
may not exceed the limits of liability set forth under the constitution
and laws of that state for state officials, employees and agents. Nothing
in this subsection shall be construed to protect any such person from
suit or liability for any damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of any such person.
(3) The Interstate Commission shall defend the Executive Director
or the employees or representatives of the Interstate Commission and,
subject to the approval of the Attorney General of the state represented
by any Commissioner of a compacting state, shall defend such Commissioner
or the Commissioner’s representatives or employees in any civil action
seeking to impose liability arising out of any actual or alleged act,
error or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties or responsibilities, provided that the
actual or alleged act, error or omission did not result from intentional
or willful and wanton misconduct on the part of such person.
(4) The Interstate Commission shall indemnify and hold the
Commissioner of a compacting state, or the Commissioner’s representatives
or employees, or the Interstate Commission’s representatives or
employees, harmless in the amount of any settlement or judgment obtained
against such persons arising out of any actual or alleged act, error or
omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties or responsibilities, provided that the
actual or alleged act, error or omission did not result from intentional
or willful and wanton misconduct on the part of such persons.
ARTICLE VI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(1) The Interstate Commission shall promulgate and publish rules
in order to effectively and efficiently achieve the purposes of the
Compact.
(2) Rulemaking shall occur pursuant to the criteria set forth in
this article and the bylaws and rules adopted pursuant thereto. Such
rulemaking shall substantially conform to the principles of the Model
State Administrative Procedure Act, 1981 Act, Uniform Laws Annotated,
Vol. 15, p. 1 (2000), or such other administrative procedures act as the
Interstate Commission deems appropriate and 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
shall become binding as of the date specified, as published with the
final version of the rule as approved by the Interstate Commission.
(3) When promulgating a rule, the Interstate Commission shall, at
a minimum:
(a) Publish the proposed rule’s entire text stating the
reasons for that proposed rule;
(b) Allow and invite any and all persons to submit written
data, facts, opinions and arguments, which information shall be added to
the record and be made publicly available;
(c) Provide an opportunity for an informal hearing if
petitioned by 10 or more persons; and
(d) Promulgate a final rule and its effective date, if
appropriate, based on input from state or local officials, or interested
parties.
(4) Allow, not later than 60 days after a rule is promulgated, any
interested person to file a petition in the United States District Court
for the District of Columbia or in the federal district court where the
Interstate Commission’s principal office is located for judicial review
of such rule. If the court finds that the Interstate Commission’s action
is not supported by substantial evidence in the rulemaking record, the
court shall hold the rule unlawful and set it aside. For purposes of this
subsection, evidence is substantial if it would be considered substantial
evidence under the Model State Administrative Procedure Act.
(5) 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 such rule shall have no further
force and effect in any compacting state.
(6) The existing rules governing the operation of the Interstate
Compact on Juveniles superceded by this act shall be null and void 12
months after the first meeting of the Interstate Commission created
hereunder.
(7) Upon determination by the Interstate Commission that an
emergency exists, it may promulgate an emergency rule which shall become
effective immediately upon adoption, provided that the usual rulemaking
procedures provided hereunder shall be retroactively applied to said rule
as soon as reasonably possible, but no later than 90 days after the
effective date of the emergency rule.
ARTICLE VII. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
Section A. Oversight
(1) The Interstate Commission shall oversee the administration and
operations of the interstate movement of juveniles subject to this
Compact in the compacting states and shall monitor such activities being
administered in noncompacting states which may significantly affect
compacting states.
(2) The courts and executive agencies in each compacting state
shall enforce this Compact and shall take all actions necessary and
appropriate to effectuate the Compact’s purposes and intent. The
provisions of this Compact and the rules promulgated hereunder shall be
received by all the judges, public officers, commissions and departments
of the state government as evidence of the authorized statute and
administrative rules. All courts shall take judicial notice of the
Compact and the rules. In any judicial or administrative proceeding in a
compacting state pertaining to the subject matter of this Compact which
may affect the powers, responsibilities or actions of the Interstate
Commission, it shall be entitled to receive all service of process in any
such proceeding, and shall have standing to intervene in the proceeding
for all purposes.
Section B. Dispute Resolution
(1) The compacting states shall report to the Interstate
Commission on all issues and activities necessary for the administration
of the Compact as well as issues and activities pertaining to compliance
with the provisions of the Compact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a
compacting state, to resolve any disputes or other issues which are
subject to the Compact and which may arise among compacting states and
between compacting and noncompacting states. The Interstate Commission
shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.
(3) The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this Compact using
any or all means set forth in Article XI of this Compact.
ARTICLE VIII. FINANCE
(1) The Interstate Commission shall pay or provide for the payment
of the reasonable expenses of its establishment, organization and ongoing
activities.
(2) The Interstate Commission shall levy on and collect an annual
assessment from each compacting state to cover the cost of the internal
operations and activities of the Interstate Commission and its staff
which must be in a total amount sufficient to cover the Interstate
Commission’s annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be
determined by the Interstate Commission, taking into consideration the
population of each compacting state and the volume of interstate movement
of juveniles in each compacting state and shall promulgate a rule binding
upon all compacting states which governs said assessment.
(3) The Interstate Commission shall not incur any obligations of
any kind prior to securing the funds adequate to meet the same, nor shall
the Interstate Commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.
(4) The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the annual
report of the Interstate Commission.
ARTICLE IX. THE STATE COUNCIL
(1) The Nevada State Council for Interstate Juvenile Supervision
is hereby created. The Nevada State Council for Interstate Juvenile
Supervision consists of the following seven members:
(a) The Compact Administrator, appointed by the Governor,
who shall serve as Chairman and as Commissioner to the Interstate
Commission for this State;
(b) Three members appointed by the Governor, one of whom
must be a representative of an organization supporting the rights of
victims of crime;
(c) One member of the Senate, appointed by the Majority
Leader of the Senate;
(d) One member of the Assembly, appointed by the Speaker of
the Assembly; and
(e) One member who is a district judge, appointed by the
Chief Justice of the Supreme Court of Nevada.
(2) The members of the Nevada State Council for Interstate
Juvenile Supervision serve at the pleasure of the persons who appointed
them.
(3) The Legislators who are members of the Nevada State Council
for Interstate Juvenile Supervision are entitled to receive the salary
provided for a majority of the members of the Legislature during the
first 60 days of the preceding session for each day’s attendance at a
meeting of the Nevada State Council for Interstate Juvenile Supervision.
(4) While engaged in the business of the Interstate Commission,
each member of the Nevada State Council for Interstate Juvenile
Supervision is entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally.
(5) The Nevada State Council for Interstate Juvenile Supervision
shall develop policies concerning the operation of the Compact within
this State and shall exercise oversight and advocacy concerning its
participation in activities of the Interstate Commission.
ARTICLE X. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(1) Any state, as defined in Article II of this Compact, is
eligible to become a compacting state.
(2) The Compact shall become effective and binding upon
legislative enactment of the Compact into law by no less than 35 of the
states. The initial effective date shall be the later of July 1, 2006, or
upon enactment into law by the 35th jurisdiction. Thereafter it shall
become effective and binding as to any other compacting state upon
enactment of the Compact into law by that state. The governors of
nonmember states or their designees shall be invited to participate in
the activities of the Interstate Commission on a nonvoting basis prior to
adoption of the Compact by all states and territories of the United
States.
(3) The Interstate Commission may propose amendments to the
Compact for enactment by the compacting states. No amendment shall become
effective and binding upon the Interstate Commission and the compacting
states unless and until it is enacted into law by unanimous consent of
the compacting states.
ARTICLE XI. WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
(1) Once effective, the Compact shall continue in force and remain
binding upon each and every compacting state, provided that a compacting
state may withdraw from the Compact by specifically repealing the statute
which enacted the Compact into law.
(2) The effective date of withdrawal is the effective date of the
repeal.
(3) The withdrawing state shall immediately notify the Chairman 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 after its receipt thereof.
(4) The withdrawing state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
withdrawal, including any obligations the performance of which extend
beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state
shall occur upon the withdrawing state reenacting the Compact or upon
such later date as determined by the Interstate Commission.
Section B. Technical Assistance, Fines, Suspension, Termination and
Default
(1) If the Interstate Commission determines that any compacting
state has at any time defaulted in the performance of any of its
obligations or responsibilities under this Compact, or the bylaws or duly
promulgated rules, the Interstate Commission may impose any or all of the
following penalties:
(a) Remedial training and technical assistance as directed
by the Interstate Commission;
(b) Alternative dispute resolution;
(c) Fines, fees and costs in such amounts as are deemed to
be reasonable as fixed by the Interstate Commission; and
(d) Suspension or termination of membership in the Compact,
which shall be imposed only after all other reasonable means of securing
compliance under the bylaws and rules have been exhausted and the
Interstate Commission has therefore determined that the offending state
is in default. Immediate notice of suspension shall be given by the
Interstate Commission to the Governor, the Chief Justice or the Chief
Judicial Officer of the state, the Majority and Minority Leaders of the
defaulting state’s legislature and the State Council. The grounds for
default include, but are not limited to, failure of a compacting state to
perform such obligations or responsibilities imposed upon it by this
Compact, the bylaws or duly promulgated rules and any other grounds
designated in the Interstate Commission’s bylaws and rules. The
Interstate Commission shall immediately notify the defaulting state in
writing of the penalty imposed by the Interstate Commission and of the
default pending a cure of the default. The Interstate Commission shall
stipulate the conditions and the time period within which the defaulting
state must cure its default. If the defaulting state fails to cure the
default within the time period specified by the Interstate Commission,
the defaulting state shall be terminated from the Compact upon an
affirmative vote of a majority of the compacting states and all rights,
privileges and benefits conferred by this Compact shall be terminated
from the effective date of termination.
(2) Within 60 days after 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.
(3) The defaulting state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
termination, including any obligations, the performance of which extends
beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to
the defaulting state unless otherwise mutually agreed upon in writing
between the Interstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state
requires both a reenactment of the Compact by the defaulting state and
the approval of the Interstate Commission pursuant to the rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members,
initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the Interstate Commission,
in the federal district 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 shall be awarded all costs of such litigation, including reasonable
attorneys’ fees.
Section D. Dissolution of Compact
(1) The Compact dissolves effective upon the date of the
withdrawal or default of the compacting state which reduces membership in
the Compact to one compacting state.
(2) Upon the dissolution of this Compact, the Compact becomes null
and void and shall be of no further force or effect, and the business and
affairs of the Interstate Commission shall be concluded and any surplus
funds shall be distributed in accordance with the bylaws.
ARTICLE XII. SEVERABILITY AND CONSTRUCTION
(1) The provisions of this Compact shall be severable, and if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the Compact shall be enforceable.
(2) The provisions of this Compact shall be liberally construed to
effectuate its purposes.
ARTICLE XIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
(1) Nothing herein prevents the enforcement of any other law of a
compacting state that is not inconsistent with this Compact.
(2) All compacting states’ laws other than state constitutions and
other interstate compacts conflicting with this Compact are superseded to
the extent of the conflict.
Section B. Binding Effect of the Compact
(1) All lawful actions of the Interstate Commission, including all
rules and bylaws promulgated by the Interstate Commission, are binding
upon the compacting states.
(2) All agreements between the Interstate Commission and the
compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a majority vote
of the compacting states, the Interstate Commission may issue advisory
opinions regarding such meaning or interpretation.
(4) In the event any provision of this Compact exceeds the
constitutional limits imposed on the legislature of any compacting state,
the obligations, duties, powers or jurisdiction sought to be conferred by
such provision upon the Interstate Commission shall be ineffective and
such obligations, duties, powers or jurisdiction shall remain in the
compacting state and shall be exercised by the agency thereof to which
such obligations, duties, powers or jurisdiction are delegated by law in
effect at the time this Compact becomes effective.
(Added to NRS by 2005, 400 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
[Effective through
June 30, 2006, or until enactment of the Interstate Compact for Juveniles
into law by the 35th jurisdiction, whichever is later.] The Governor is
hereby directed to execute an amendment to the Interstate Compact on
Juveniles on behalf of this State in the form substantially as follows:
AMENDMENT I—Rendition
This amendment provides additional remedies and is binding only on
states which specifically execute a similar provision:
All provisions and procedures of Articles V and VI of the
Interstate Compact on Juveniles apply to any juvenile charged with being
a delinquent by reason of his alleged violation of any criminal law. Any
such juvenile must be returned to the requesting state upon a requisition
issued to the state where the juvenile may be found. A petition alleging
the juvenile’s delinquency must 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 requisition may be issued
regardless of whether the juvenile left the state before or after the
filing of the petition. The requisition, as described in Article V of the
Compact, must be forwarded by the judge of the court in which the
petition is filed.
(Added to NRS by 2003, 1113 ; R 2005, 414 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
[Effective July 1, 2006, or upon enactment of the
Interstate Compact for Juveniles into law by the 35th jurisdiction,
whichever is later.] All claims that arise pursuant to the provisions of
this chapter must be paid from the Reserve for Statutory Contingency
Account in the same manner as other claims against the State are paid,
upon approval by the Compact Administrator appointed pursuant to NRS
62I.015 .
(Added to NRS by 2005, 413 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
[Effective through June 30, 2006, or until enactment of the Interstate
Compact for Juveniles into law by the 35th jurisdiction, whichever is
later.] Pursuant to such Compact, the Governor is hereby authorized and
empowered to designate an officer who shall be the Compact Administrator
and who, acting jointly with similar officers of other party states,
shall promulgate rules and regulations to carry out more effectively the
terms of the Compact. Such Compact Administrator shall serve subject to
the pleasure of the Governor. The Compact Administrator is hereby
authorized, empowered and directed to cooperate with all departments,
agencies and officers of and in the government of this State and its
subdivisions in facilitating the proper administration of the Compact or
of any supplementary agreement or agreements entered into by this State
under such Compact.
(Added to NRS by 2003, 1113 ; R 2005, 414 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
[Effective through June 30, 2006, or until
enactment of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later.] The Compact Administrator is hereby
authorized and empowered to enter into supplementary agreements with
appropriate officials of other states pursuant to the Compact. In the
event that such supplementary agreement shall require or contemplate the
use of any institution or facility of this State or require or
contemplate the provision of any service by this State, such
supplementary agreement shall have no force or effect until approved by
the head of the department or agency under whose jurisdiction such
institution or facility is operated or whose department or agency will be
charged with the rendering of such service.
(Added to NRS by 2003, 1113 ; R 2005, 414 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
[Effective through June 30, 2006, or until enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later.] All claims which arise pursuant to
the provisions of this chapter must be paid from the Reserve for
Statutory Contingency Account upon approval by the Compact Administrator.
(Added to NRS by 2003, 1113 ; R 2005, 414 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
[Effective through June 30, 2006, or until enactment of the Interstate
Compact for Juveniles into law by the 35th jurisdiction, whichever is
later.]
1. Any judge of this State who appoints counsel or a guardian ad
litem pursuant to the provisions of this Compact may, in his discretion,
fix a fee not exceeding $500.
2. Such fees shall be paid out on claims as other claims against
the State are paid upon approval of the Compact Administrator and
presentation of the certificate of the judge that such person has
performed the services required of him.
(Added to NRS by 2003, 1113 ; R 2005, 414 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
[Effective through June 30, 2006, or until enactment of the
Interstate Compact for Juveniles into law by the 35th jurisdiction,
whichever is later.] The courts, departments, agencies and officers of
this State and its subdivisions shall enforce and effectuate the purposes
and intent of the Compact.
(Added to NRS by 2003, 1113 ; R 2005, 414 , effective July 1, 2006, or upon enactment
of the Interstate Compact for Juveniles into law by the 35th
jurisdiction, whichever is later)
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