{"data":{"id":"us-ky/krs-439.561","jurisdiction":"us-ky","citation":"KRS 439.561","heading":"Interstate Compact for Adult Offender Supervision.","body":"(1) The Governor of this Commonwealth is authorized and directed to execute a\ncompact on behalf of the Commonwealth with any of the United States legally\njoining therein in the form substantially as follows:\nARTICLE I\nPURPOSE\nThe compacting states to this Int erstate Compact recognize that each state is\nresponsible for the supervision of adult offenders in the community who are authorized\npursuant to the bylaws and rules of this compact to travel across state lines both to and\nfrom each compacting state in such a manner as to track the location of offenders, transfer\nsupervision authority in an orderly and efficient manner, and when necessary return\noffenders to the originating jurisdictions.\nThe compacting states also recognize that Congress, by enacting the C rime Control\nAct, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for\ncooperative efforts and mutual assistance in the prevention of crime.\nIt is the purpose of this compact and the interstate commission created hereunder,\nthrough means of joint and cooperative action among the compacting states: to provide\nthe framework for the promotion of public safety and protect the rights of victims through\nthe control and regulation of the interstate movement of offenders in the community; to\nprovide for the effective tracking, supervision, and rehabilitation of these offenders by the\nsending and receiving states; and to equitably distribute the costs, benefits, and\nobligations of the compact among the compacting states.\nIn addition, this compact  will: create a interstate commission which will establish\nuniform procedures to manage the movement between states of adults placed under\ncommunity supervision and released to the community under the jurisdiction of courts,\nparoling authorities, corrections, or other criminal justice agencies which will promulgate\nrules to achieve the purpose of this compact; ensure an opportunity for input and timely\nnotice to victims and to jurisdictions where defined offenders are authorized to travel or\nto relocate acr oss state lines; establish a system of uniform data collection, access to\ninformation on active cases by authorized criminal justice officials, and regular reporting\nof compact activities to heads of state councils, state executive, judicial, and legislati ve\nbranches and criminal justice administrators; monitor compliance with rules governing\ninterstate movement of offenders and initiate interventions to address and correct\nnoncompliance; and coordinate training and education regarding regulations of inters tate\nmovement of offenders for officials involved in such activity.\nThe compacting states recognize that there is no \"right\" of any offender to live in\nanother state and that duly accredited officers of a sending state may at all times enter a\nreceiving state and there apprehend and retake any offender under supervision subject to\nthe provisions of this compact and bylaws and rules promulgated hereunder.\nIt is the policy of the compacting states that the activities conducted by the interstate\ncommission created herein are the formation of public policies and are therefore public\nbusiness.\nARTICLE II\nDEFINITIONS\nAs used in this compact, unless the context clearly requires a different construction:\nA.  \"Adult\" means both individuals legally classified as adults and juveniles treated\nas adults by court order, statute, or operation of law.\nB.  \"Bylaws\" means those bylaws established by the interstate commission for its\ngovernance, or for directing or controlling the interstate commission's actions or conduct.\nC.  \"Compact administrator\" means the individual in each compacting state\nappointed pursuant to the terms of this compact responsible for the administration and\nmanagement of the state's supervis ion and transfer of offenders subject to the terms of\nthis compact, the rules adopted by the interstate commission, and policies adopted by the\nstate council under this compact.\nD.  \"Compacting state\" means any state which has enacted the enabling legisla tion\nfor this compact.\nE.  \"Commissioner\" means the voting representative of each compacting state\nappointed pursuant to Article III of this compact.\nF.  \"Interstate commission\" means the Interstate Commission for Adult Offender\nSupervision established by this compact.\nG.  \"Member\" means the commissioner of a compacting state or designee, who shall\nbe a person officially connected with the commissioner.\nH.  \"Noncompacting state\" means any state which has not enacted the enabling\nlegislation for this compact.\nI.  \"Offender\" means an adult placed under, or subject to, supervision as the result of\nthe commission of a criminal offense and released to the community under the\njurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.\nJ.  \"Person\" means any individual, corporation, business enterprise, or other legal\nentity, either public or private.\nK.  \"Rules\" means acts of the interstate commission, duly promulgated pursuant to\nArticle VII of this compact, substantially affecting interested parties in addition to the\ninterstate commission, which shall have the force and effect of law in the compacting\nstates.\nL.  \"State\" means a state of the United States, the District of Columbia, and any\nother territorial possessions of the United States.\nM.  \"State council\" means the resident members of the State Council for Interstate\nAdult Offender Supervision created by each state under Article III of this compact.\nARTICLE III\nTHE COMPACT COMMISSION\nA.  The compacting states hereb y create the \"Interstate Commission for Adult\nOffender Supervision.\" The interstate commission shall be a body corporate and joint\nagency of the compacting states. The interstate commission shall have all the\nresponsibilities, powers, and duties set forth herein, including the power to sue and be\nsued, and such additional powers as may be conferred upon it by subsequent action of the\nrespective legislatures of the compacting states in accordance with the terms of this\ncompact.\nB.  The interstate commission  shall consist of commissioners selected and\nappointed by resident members of a state council for interstate adult offender supervision\nfor each state. While each member state may determine the membership of its own state\ncouncil, its membership must inclu de at least one representative from the legislative,\njudicial, and executive branches of government, victims groups, and compact\nadministrators. Each state council shall appoint as its commissioner the compact\nadministrator from that state to serve on the interstate commission in such capacity under\nor pursuant to applicable law of the member state. Each compacting state retains the right\nto determine the qualifications of the compact administrator who shall be appointed by\nthe state council or by the Governor in consultation with the legislature and the judiciary.\nIn addition to appointment of its commissioner to the national interstate\ncommission, each state council shall exercise oversight and advocacy concerning its\nparticipation in interstate commission activities and other duties as may be determined by\neach member state, including, but not limited to, development of policy concerning\noperations and procedures of the compact within that state.\nC.  In addition to the commissioners who are the voting re presentatives of each\nstate, the interstate commission shall include individuals who are not commissioners but\nwho are members of interested organizations; such noncommissioner members must\ninclude a member of the national organizations of governors, legis lators, state chief\njustices, attorneys general, and crime victims. All noncommissioner members of the\ninterstate commission shall be ex officio (nonvoting) members. The interstate\ncommission may provide in its bylaws for such additional ex officio, nonvot ing members\nas it deems necessary.\nD.  Each compacting state represented at any meeting of the interstate commission\nis entitled to one vote. A majority of the compacting states shall constitute a quorum for\nthe transaction of business, unless a larger qu orum is required by the bylaws of the\ninterstate commission.\nE.  The interstate commission shall meet at least once each calendar year. The\nchairperson may call additional meetings and, upon the request of 27 or more compacting\nstates, shall call addition al meetings. Public notice shall be given of all meetings and\nmeetings shall be open to the public.\nF.  The interstate commission shall establish an executive committee which shall\ninclude commission officers, members, and others as shall be determined by  the bylaws.\nThe executive committee shall have the power to act on behalf of the interstate\ncommission during periods when the interstate commission is not in session, with the\nexception of rulemaking and/or amendment to the compact. The executive committ ee\noversees the day -to-day activities managed by the executive director and interstate\ncommission staff; administers enforcement and compliance with the provisions of the\ncompact, its bylaws, and as directed by the interstate commission and performs other\nduties as directed by commission or set forth in the bylaws.\nARTICLE IV\nPOWERS AND DUTIES OF THE INTERSTATE COMMISSION\nThe interstate commission shall have the following powers:\n1.  To adopt a seal and suitable bylaws governing the management and operati on of\nthe interstate commission.\n2.  To promulgate rules which shall have the force and effect of statutory law and\nshall be binding in the compacting states to the extent and in the manner provided in this\ncompact.\n3.  To oversee, supervise, and coordinate the interstate movement of offenders\nsubject to the terms of this compact and any bylaws adopted and rules promulgated by the\ncompact commission.\n4.  To enforce compliance with compact provisions, interstate commi ssion rules,\nand bylaws, using all necessary and proper means, including, but not limited to, the use of\njudicial process.\n5.  To establish and maintain offices.\n6.  To purchase and maintain insurance and bonds.\n7.  To borrow, accept, or contract for se rvices of personnel, including, but not\nlimited to, members and their staffs.\n8.  To establish and appoint committees and hire staff which it deems necessary for\nthe carrying out of its functions including, but not limited to, an executive committee as\nrequired by Article III which shall have the power to act on behalf of the interstate\ncommission in carrying out its powers and duties hereunder.\n9.  To elect or appoint such officers, attorneys, employees, agents, or consultants,\nand to fix their compensat ion, define their duties, and determine their qualifications; and\nto establish the interstate commission's personnel policies and programs relating to,\namong other things, conflicts of interest, rates of compensation, and qualifications of\npersonnel.\n10.  To accept any and all donations and grants of money, equipment, supplies,\nmaterials, and services, and to receive, utilize, and dispose of same.\n11.  To lease, purchase, accept contributions or donations of, or otherwise to own,\nhold, improve, or use any property, real, personal, or mixed.\n12.  To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise\ndispose of any property, real, personal, or mixed.\n13.  To establish a budget and make expenditures and levy dues as provided in\nArticle IX of this compact.\n14.  To sue and be sued.\n15.  To provide for dispute resolution among compacting states.\n16.  To perform such functions as may be necessary or appropriate to achieve the\npurposes of this compact.\n17.  To report annually to the legislatures, governors, judiciary, and state councils of\nthe compacting states concerning the activities of the interstate commission during the\npreceding year. Such reports shall also include any recommendations that may have been\nadopted by the interstate commission.\n18.  To coordinate education, training, and public awareness regarding the interstate\nmovement of offenders for officials involved in such activity.\n19.  To establish uniform standards for the reporting, collecting, and exchanging of\ndata.\nARTICLE V\nORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION\nSection A.  Bylaws\n1.  The interstate commission shall, by a majority of the members, within twelve\nmonths of the first interstate commission meeting, adopt bylaws to govern its conduct as\nmay be necessary or appropriate to carry out the purposes of the compact, including, but\nnot limited to:\na.  Establishing the fiscal year of the interstate commission;\nb.  Establishing an executive committee and such other committees as may be\nnecessary;\nc.  Providing reasonable standards and procedures:\n(i)  For the establishment of committees, and\n(ii)  Governing any general or specific delegation of any authority or function\nof the interstate commission;\nd.  Providing reasonable procedures for callin g and conducting meetings of the\ninterstate commission, and ensuring reasonable notice of each such meeting;  e.\nEstablishing the titles and responsibilities of the officers of the interstate commission;\nf.  Providing reasonable standards and procedures for the establishment of the\npersonnel policies and programs of the interstate commission. Notwithstanding any civil\nservice or other similar laws of any compacting state, the bylaws shall exclusively govern\nthe personnel policies and programs of the interstate commission;\ng.  Providing a mechanism for winding up the operations of the interstate\ncommission and the equitable return of any surplus funds that may exist upon the\ntermination of the compact after  the payment and/or reserving of all of its debts and\nobligations;\nh.  Providing transition rules for \"start up\" administration of the compact; and\ni.  Establishing standards and procedures for compliance and technical assistance in\ncarrying out the compact.\nSection B.  Officers and Staff\n1.  The interstate commission shall, by a majority of the members, elect from among\nits members a chairperson and a vice chairperson, each of whom shall have such\nauthorities and duties as may be specified in the bylaw s. The chairperson or, in his or her\nabsence or disability, the vice chairperson, shall preside at all meetings of the interstate\ncommission. The officers so elected shall serve without compensation or remuneration\nfrom the interstate commission; provided that, subject to the availability of budgeted\nfunds, the officers shall be reimbursed for any actual and necessary costs and expenses\nincurred by them in the performance of their duties and responsibilities as officers of the\ninterstate commission.\n2.  Th e interstate commission shall, through its executive committee, appoint or\nretain an executive director for such period, upon such terms and conditions and for such\ncompensation as the interstate commission may deem appropriate. The executive director\nshall serve as secretary to the interstate commission, and hire and supervise such other\nstaff as may be authorized by the interstate commission, but shall not be a member.\nSection C.  Corporate Records of the Interstate Commission\nThe interstate commission shall maintain its corporate books and records in\naccordance with the bylaws.\nSection D.  Qualified Immunity, Defense, and Indemnification\n1.  The members, officers, executive director, and employees of the interstate\ncommission shall be immune from suit  and liability, either personally or in their official\ncapacity, for any claim for damage to or loss of property or personal injury or other civil\nliability caused or arising out of any actual or alleged act, error, or omission that occurred\nwithin the sco pe of interstate commission employment, duties, or responsibilities;\nprovided, that nothing in this paragraph shall be construed to protect any such person\nfrom suit and/or liability for any damaged, loss, injury, or liability caused by the\nintentional or willful and wanton misconduct of any such person.\n2.  The interstate commission shall defend the commissioner of a compacting state,\nor his or her representatives or employees, or the interstate commission's representatives\nor employees, in any civil acti on seeking to impose liability, arising out of any actual or\nalleged act, error, or omission that occurred within the scope of interstate commission\nemployment, duties, or responsibilities, or that the defendant had a reasonable basis for\nbelieving occurre d within the scope of interstate commission employment, duties, or\nresponsibilities; provided, that the actual or alleged act, error, or omission did not result\nfrom intentional wrongdoing on the part of such person.\n3.  The interstate commission shall in demnify and hold the commissioner of a\ncompacting state, the appointed designee or employees, or the interstate commission's\nrepresentatives or employees, harmless in the amount of any settlement or judgment\nobtained against such persons arising out of any  actual or alleged act, error, or omission\nthat occurred within the scope of interstate commission employment, duties, or\nresponsibilities, or that such persons had a reasonable basis for believing occurred within\nthe scope of interstate commission employm ent, duties, or responsibilities, provided, that\nthe actual or alleged act, error, or omission did not result from gross negligence or\nintentional wrongdoing on the part of such person.\nARTICLE VI\nACTIVITIES OF THE INTERSTATE COMMISSION\n1.  The interstate commission shall meet and take such actions as are consistent with\nthe provisions of this compact.\n2.  Except as otherwise provided in this compact and unless a greater percentage is\nrequired by the bylaws, in order to constitute an act of the interstate commission, such act\nshall have been taken at a meeting of the interstate commission and shall have received an\naffirmative vote of a majority of the members present.\n3.  Each member of the interstate commission shall have the right and power to cast\na v ote to which that compacting state is entitled and to participate in the business and\naffairs of the interstate commission. A member shall vote in person on behalf of the state\nand shall not delegate a vote to another member state. However, a state council  shall\nappoint another authorized representative, in the absence of the commissioner from that\nstate, to cast a vote on behalf of the member state at a specified meeting. The bylaws may\nprovide for members' participation in meetings by telephone or other m eans of\ntelecommunication or electronic communication. Any voting conducted by telephone, or\nother means of telecommunication or electronic communication, shall be subject to the\nsame quorum requirements of meetings where members are present in person.\n4.  The interstate commission shall meet at least once during each calendar year.\nThe chairperson of the interstate commission may call additional meetings at any time\nand, upon the request of a majority of the members, shall call additional meetings.\n5.  T he interstate commission's bylaws shall establish conditions and procedures\nunder which the interstate commission shall make its information and official records\navailable to the public for inspection or copying. The interstate commission may exempt\nfrom d isclosure any information or official records to the extent they would adversely\naffect personal privacy rights or proprietary interests. In promulgating such rules, the\ninterstate commission may make available to law enforcement agencies records and\ninformation otherwise exempt from disclosure, and may enter into agreements with law\nenforcement agencies to receive or exchange information or records subject to\nnondisclosure and confidentiality provisions.\n6.  Public notice shall be given of all meetings, and all meetings shall be open to the\npublic, except as set forth in the rules or as otherwise provided in the compact. The\ninterstate commission shall promulgate rules consistent with the principles contained in\nthe \"Government in Sunshine Act,\" 5 U.S.C. S ection 552(b), as may be amended. The\ninterstate commission and any of its committees may close a meeting to the public where\nit determines by two-thirds vote that an open meeting would be likely to:\na.  Relate solely to the interstate commission's intern al personnel practices and\nprocedures;\nb.  Disclose matters specifically exempted from disclosure by statute;\nc.  Disclose trade secrets or commercial or financial information which is privileged\nor confidential;\nd.  Involve accusing any person of a crime, or formally censuring any person;\ne.  Disclose information of a personal nature where disclosure would constitute a\nclearly unwarranted invasion of personal privacy;\nf.  Disclose investigatory records compiled for law enforcement purposes;\ng.  Discl ose information contained in or related to examination, operating, or\nconditions reports prepared by, or on behalf of or for the use of, the interstate commission\nwith respect to a regulated entity for the purpose of regulation or supervision of such\nentity;\nh.  Disclose information, the premature disclosure of which would significantly\nendanger the life of a person or the stability of a regulated entity; or\ni.  Specifically relate to the interstate commission's issuance of a subpoena, or its\nparticipation in a civil action or proceeding.\n7.  For every meeting closed pursuant to this provision, the interstate commission's\nchief legal officer shall publicly ce rtify that, in his or her opinion, the meeting may be\nclosed to the public, and shall reference each relevant exemptive provision. The interstate\ncommission shall keep minutes which shall fully and clearly describe all matters\ndiscussed in any meeting and shall provide a full and accurate summary of any actions\ntaken, and the reasons therefor, including a description of each of the views expressed on\nany item and the record of any roll call vote (reflected in the vote of each member on the\nquestion). All do cuments considered in connection with any action shall be identified in\nsuch minutes.\n8.  The interstate commission shall collect standardized data concerning the\ninterstate movement of offenders as directed through its bylaws and rules which shall\nspecify the data to be collected, the means of collection, and data exchange and reporting\nrequirements.\nARTICLE VII\nRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION\n1.  The interstate commission shall promulgate rules in order to effectively and\nefficiently a chieve the purposes of the compact including transition rules governing\nadministration of the compact during the period in which it is being considered and\nenacted by the states;\n2.  Rulemaking shall occur pursuant to the criteria set forth in this articl e and the\nbylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform\nto the principles of the Federal Administrative Procedure Act, 5 U.S.C. Sections 551 et\nseq., and the Federal Advisory Committee Act, 5 U.S.C. App. 2, Sections  1 et seq., as\nmay be amended (hereinafter \"APA\").\n3.  All rules and amendments shall become binding as of the date specified in each\nrule or amendment.\n4.  If a majority of the legislatures of the compacting states rejects a rule, by\nenactment of a stat ute or resolution in the same manner used to adopt the compact, then\nsuch rule shall have no further force and effect in any compacting state.\n5.  When promulgating a rule, the interstate commission shall:\na.  Publish the proposed rule stating with parti cularity the text of the rule which is\nproposed and the reason for the proposed rule;\nb.  Allow persons to submit written data, facts, opinions, and arguments, which\ninformation shall be publicly available;\nc.  Provide an opportunity for an informal hearing; and\nd.  Promulgate a final rule and its effective date, if appropriate, based on the\nrulemaking record.\n6.  Not later than sixty days after a rule is promulgated, any interested person may\nfile a petition in the United States District Court for the District of Columbia or in the\nFederal District Court where the interstate commission's principal office is located for\njudicial review of such rule. If the court finds that the interstate commission's action is not\nsupported by substantial evidence (as de fined in the APA) in the rulemaking record, the\ncourt shall hold the rule unlawful and set it aside.\n7.  Subjects to be addressed within 12 months after the first meeting must at a\nminimum include:\na.  Notice to victims and opportunity to be heard;\nb.  Offender registration and compliance;\nc.  Violations/returns;\nd.  Transfer procedures and forms;\ne.  Eligibility for transfer;\nf.  Collection of restitution and fees from offenders;\ng.  Data collection and reporting;\nh.  The level of supervision to be provided by the receiving state;\ni.  Transition rules governing the operation of the compact and the interstate\ncommission during all or part of the period between the effective date of the compact and\nthe date on which the last eligible state adopts the compact;\nj.  Mediation, arbitration, and dispute resolution.\nThe existing rules governing the operation of the previous compact superseded by this\ncompact shall be null and void twelve (12) months after the first meeting of the interstate\ncommission created hereunder.\n8.  Upon determination by the interstate commission that an emergency exists, it\nmay promulgate an emergency rule which shall become effective immediately upon\nadoption, provided that the usual rulemaking procedures provided hereunder shall be\nretroactively applied to said rule as soon as reasonably possible, in no event later than 90\ndays after the effective date of the rule.\nARTICLE VIII\nOVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION\nBY THE INTERSTATE COMMISSION\nSection A.  Oversight\n1.  The interstate commission shall oversee the interstate movement of adult\noffenders in the compacting states and shall monitor such activities being administered in\nnoncompacting states which may significantly affect compacting states.\n2.  The courts and executive agenci es in each compacting state shall enforce this\ncompact and shall take all actions necessary and appropriate to effectuate the compact's\npurposes and intent. In any judicial or administrative proceeding in a compacting state\npertaining to the subject matter  of this compact which may affect the powers,\nresponsibilities, or actions of the interstate commission, the interstate commission shall\nbe entitled to receive all service of process in any such proceeding, and shall have\nstanding to intervene in the proceeding for all purposes.\nSection B.  Dispute Resolution\n1.  The compacting states shall report to the interstate commission on issues or\nactivities of concern to them, and cooperate with and support the interstate commission in\nthe discharge of its duties and responsibilities.\n2.  The interstate commission shall attempt to resolve any disputes or other issues\nwhich are subject to the compact and which may arise among compacting states and\nnoncompacting states.\n3.  The interstate commission shall enact a bylaw or promulgate a rule providing for\nboth mediation and binding dispute resolution for disputes among the compacting states.\nSection C.  Enforcement\nThe interstate commission, in the reasonable exercise of its discretion, shall enforce\nthe provisions of this compact using any or all means set forth in Article XI, Section B, of\nthis compact.\nARTICLE IX\nFINANCE\n1.  The interstate commission shall pay or provide for the payment of the reasonable\nexpenses of its establishment, organization, and ongoing activities.\n2.  The interstate commission shall levy on and collect an annual assessment from\neach compacting state to cover the cost of the internal operations and activities of the\ninterstate commission and its staff which must be in a total amount suffi cient to cover the\ninterstate commission's annual budget as approved each year. The aggregate annual\nassessment amount shall be allocated based upon a formula to be determined by the\ninterstate commission, taking into consideration the population of the st ate and the\nvolume of interstate movement of offenders in each compacting state and shall\npromulgate a rule binding upon all compacting states which governs said assessment.\n3.  The interstate commission shall not incur any obligations of any kind prior t o\nsecuring the funds adequate to meet the same; nor shall the interstate commission pledge\nthe credit of any of the compacting states, except by and with the authority of the\ncompacting state.\n4.  The interstate commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the interstate commission shall be\nsubject to the audit and accounting procedures established under its bylaws. However, all\nreceipts and disbursements of funds handled by the interstate commission shall be audited\nyearly by a certified or licensed public accountant and the report of the audit shall be\nincluded in and become part of the annual report of the interstate commission.\nARTICLE X\nCOMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT\n1.  Any state, as defined in Article II of this compact, is eligible to become a\ncompacting state.\n2.  The compact shall become effective and binding upon legislative enactment of\nthe compact into law by no less than 35 of the states. The initial effective date shall be the\nlater of July 1, 2001, or upon enactment into law by the thirty -fifth jurisdiction.\nThereafter it shall become effective and binding, as to any other compacting state, upon\nenactment of the compact into law by that state. The governors of nonmember states or\ntheir designees will be invited to participate in interstate commission activities on a\nnonvoting basis prior to adoption of the compact by all states and territories of the United\nStates.\n3.  Amendments to the compact may be proposed by the interstate commission for\nthe enactment by the compacting states. No amendment shall become effective and\nbinding upon the interstate commission and the compacting states unless and until it is\nenacted into law by unanimous consent of the compacting states.\nARTICLE XI\nWITHDRAWAL, DEFAULT, TERMINATION,\nAND JUDICIAL ENFORCEMENT\nSection A.  Withdrawal\n1.  Once effective, the compact shall continue in force and remain binding upon\neach and every compacting state; provided, that a compacting state may withdraw from\nthe compact (\"withdrawing state\") by enacting a statute specifically repealing the statute\nwhich enacted the compact into law.\n2.  The effective date of withdrawal is the effective date of the repeal.\n3.  The withdrawing state shall immediately notify the chairperson of the interstate\ncommission in writing upon the introduction of legislation repealing this compact in the\nwithdrawing state.\n4.  The interstate commission shall notify the other compacting states of the\nwithdrawing state's intent to withdraw within sixty days of its receipt thereof.\n5.  The withdrawing state is responsible for a ll assessments, obligations, and\nliabilities incurred through the effective date of withdrawal, including any obligations, the\nperformance of which extend beyond the effective date of withdrawal.\n6.  Reinstatement following withdrawal of any compacting st ate shall occur upon\nthe withdrawing state reenacting the compact or upon such later date as determined by the\ninterstate commission.\nSection B.  Default\n1.  If the interstate commission determines that any compacting state has at any time\ndefaulted (\"de faulting state\") in the performance of any of its obligations or\nresponsibilities under this compact, the bylaws, or any duly promulgated rules, the\ninterstate commission may impose any or all of the following penalties:\na.  Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by\nthe interstate commission;\nb.  Remedial training and technical assistance as directed by the interstate\ncommission;\nc.  Suspension and termination of membership in the compact. Suspension shall be\nimposed only after all other reasonable means of securing compliance under the bylaws\nand rules have been exhausted. Immediate notice of suspension shall be given by the\ninterstate commission to the governor, the chief justice or chief judicial officer of the\nstate, the majority and minority leaders of the defaulting state's legislature, and the state\ncouncil. The grounds for default include, but are not limited to, failure of a compacting\nstate to perform such obligations or responsibilities imposed upon it by this compact,\ninterstate commission bylaws, or duly promulgated rules. The interstate commission shall\nimmediately notify the defaulting state in writing of the penalty imposed by the interstate\ncommission on the defaulting state pending a cure of the defa ult. The interstate\ncommission shall stipulate the conditions and the time period within which the defaulting\nstate must cure its default. If the defaulting state fails to cure the default within the time\nperiod specified by the interstate commission, in a ddition to any other penalties imposed\nherein, the defaulting state may be terminated from the compact upon an affirmative vote\nof a majority of the compacting states and all rights, privileges, and benefits conferred by\nthis compact shall be terminated from the effective date of suspension.\n2.  Within sixty days of the effective date of termination of a defaulting state, the\ninterstate commission shall notify the governor, the chief justice or chief judicial officer,\nand the majority and minority leaders of the defaulting state's legislature and the state\ncouncil of such termination.\n3.  The defaulting state is responsible for all assessments, obligations, and liabilities\nincurred through the effective date of termination including any obligations, the\nperformance of which extends beyond the effective date of termination.\n4.  The interstate commission shall not bear any costs relating to the defaulting state\nunless otherwise mutually agreed upon between the interstate commission and the\ndefaulting state.\n5.  Reinstatement following termination of any compacting state requires both a\nreenactment of the compact by the defaulting state and the approval of the interstate\ncommission pursuant to the rules.\nSection C.  Judicial Enforcement\nThe interstate commis sion may, by majority vote of the members, initiate legal action in\nthe United States District Court for the District of Columbia or, at the discretion of the\ninterstate commission, in the federal district where the interstate commission has its\noffices to enforce compliance with the provisions of the compact, its duly promulgated\nrules, and bylaws, against any compacting state in default. In the event judicial\nenforcement is necessary, the prevailing party shall be awarded all costs of such litigation\nincluding reasonable attorneys fees.\nSection D.  Dissolution of Compact\n1.  The compact dissolves effective upon the date of the withdrawal or default of the\ncompacting state which reduces membership in the compact to one compacting state.\n2.  Upon the diss olution of this compact, the compact becomes null and void and\nshall be of no further force or effect, and the business and affairs of the interstate\ncommission shall be wound up and any surplus funds shall be distributed in accordance\nwith the bylaws.\nARTICLE XII\nSEVERABILITY AND CONSTRUCTION\n1.  The provisions of this compact shall be severable, and if any phrase, clause,\nsentence, or provision is deemed unenforceable, the remaining provisions of the compact\nshall be enforceable.\n2.  The provisions of this compact shall be liberally constructed to effectuate its\npurposes.\nARTICLE XIII\nBINDING EFFECT OF COMPACT AND OTHER LAWS\nSection A.  Other Laws\n1.  Nothing herein prevents the enforcement of any other law of a compacting state\nthat is not inconsistent with this compact.\n2.  All compacting states' laws conflicting with this compact are superseded to the\nextent of the conflict.\nSection B.  Binding Effect of the Compact\n1.  All lawful actions of the interstate commission, including all rules and bylaws\npromulgated by the interstate commission, are binding upon the compacting states.\n2.  All agreements between the interstate commission and the compacting states are\nbinding in accordance with their terms.\n3.  Upon the request of a party to a conflict over meaning or interpretation of\ninterstate commission actions, and upon a majority vote of the compacting states, the\ninterstate commission may issue advisory opinions regarding such meaning or\ninterpretation.\n4.  In the event any provision of this compact exceeds the constitutional limits\nimposed on the legislature of any compacting state, the obligations, duties, powers, or\njurisdiction sought to be conferred by such provision upon the interstate commission shall\nbe ineffective and such obligations, duties, powers, or jurisdiction shall remain in the\ncompacting state and shall be exercised by the agency thereof to which such obligations,\nduties, powers, or jurisdiction are delegated by law in effect at the time this compact\nbecomes effective.\n(2) This compact may be cited as the Interstate Compact for Adult Offender\nSupervision.","path":["KRS Chapter 439"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19208","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:53Z","sha256":"d2510511d4e10c00354e9b312bd3875473a0992c41faa0eb64ed3a5976d5cd60","source_id":"us-ky","stale":false,"prev":"us-ky/krs-439.560","next":"us-ky/krs-439.562"},"notice":"GroundRules: Original legal text. Not legal advice."}