{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1093","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1093","heading":"Execution and form of Compact","body":"The Governor is hereby authorized and directed to execute a\n\ncompact on behalf of this State with any other state or states\n\nlegally joining therein in the form, substantially as follows:\n\nINTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION\n\nARTICLE I. FINDINGS AND PURPOSES\n\nA. The Compacting States to this Interstate Compact recognize:\n\n1. That each state is responsible for the supervision of adult\n\noffenders in the community who are authorized pursuant to the Bylaws\n\nand Rules of this compact to travel across state lines both to and\n\nfrom each compacting state in such manner as to track the location\n\nof offenders, transfer supervision authority in an orderly and\n\nefficient manner, and when necessary return offenders to the\n\noriginating jurisdictions; and\n\n2. That Congress, by enacting the Crime Control Act, 4 U.S.C.,\n\nSection 112 (1965), has authorized and encouraged compacts for\n\ncooperative efforts and mutual assistance in the prevention of\n\ncrime.\n\nB. The purposes of this compact and the Interstate Commission\n\ncreated hereunder, through means of joint and cooperative action\n\namong the Compacting States, are to:\n\n1. Provide the framework for the promotion of public safety and\n\nprotect the rights of victims through the control and regulation of\n\nthe interstate movement of offenders in the community;\n\n2. Provide for the effective tracking, supervision, and\n\nrehabilitation of these offenders by the sending and receiving\n\nstates; and\n\n3. Equitably distribute the costs, benefits, and obligations of\n\nthe compact among the Compacting States.\n\nC. This compact will:\n\n1. Create an interstate commission which will establish uniform\n\nprocedures to manage the movement between states of adults placed\n\nunder community supervision and released to the community under the\n\njurisdiction of courts, paroling authorities, corrections or other\n\ncriminal justice agencies which will promulgate rules to achieve the\n\npurpose of this compact;\n\n2. Ensure an opportunity for input and timely notice to victims\n\nand to jurisdictions where defined offenders are authorized to\n\ntravel or to relocate across state lines;\n\n3. Establish a system of uniform data collection, access to\n\ninformation on active cases by authorized criminal justice\n\nofficials, and regular reporting of compact activities to heads of\n\nstate councils, state executive, judicial, and legislative branches\n\nand criminal justice administrators;\n\n4. Monitor compliance with rules governing interstate movement\n\nof offenders and initiate interventions to address and correct non-\n\ncompliance; and\n\n5. Coordinate training and education regarding regulations of\n\ninterstate movement of offenders for officials involved in such\n\nactivity.\n\nD. The compacting states recognize that there is no “right” of\n\nany offender to live in another state and that duly accredited\n\nofficers of a sending state may at all times enter a receiving state\n\nand there apprehend and retake any offender under supervision\n\nsubject to the provisions of this compact and Bylaws and Rules\n\npromulgated hereunder.\n\nE. It is the policy of the compacting states that the\n\nactivities conducted by the Interstate Commission created herein are\n\nthe formation of public policies and are therefore public business.\n\nARTICLE II. DEFINITIONS\n\nAs used in this compact, unless the context clearly requires a\n\ndifferent construction:\n\n1. “Adult” means individuals legally classified as adults and\n\njuveniles treated as adults by court order, statute, or operation of\n\nlaw;\n\n2. “Bylaws” means the bylaws established by the Interstate\n\nCommission for its governance, or for directing or controlling the\n\nInterstate Commission’s actions or conduct;\n\n3. “Compact Administrator” means the individual in each\n\ncompacting state appointed pursuant to the terms of this compact\n\nresponsible for the administration and management of the state’s\n\nsupervision and transfer of offenders subject to the terms of this\nestablished by the Interstate\n\nCommission for its governance, or for directing or controlling the\n\nInterstate Commission’s actions or conduct;\n\n3. “Compact Administrator” means the individual in each\n\ncompacting state appointed pursuant to the terms of this compact\n\nresponsible for the administration and management of the state’s\n\nsupervision and transfer of offenders subject to the terms of this\n\ncompact, the rules adopted by the Interstate Commission and policies\n\nadopted by the State Council under this compact;\n\n4. “Compacting state” means any state which has enacted the\n\nenabling legislation for this compact;\n\n5. “Commissioner” means the voting representative of each\n\ncompacting state appointed pursuant to Article III of this compact;\n\n6. “Interstate Commission” means the Interstate Commission for\n\nAdult Offender Supervision established by this compact;\n\n7. “Member” means the commissioner of a compacting state or\n\ndesignee who shall be a person officially connected with the\n\ncommissioner;\n\n8. “Noncompacting state” means any state which has not enacted\n\nthe enabling legislation for this compact;\n\n9. “Offender” means an adult placed under, or subject to,\n\nsupervision as the result of the commission of a criminal offense\n\nand released to the community under the jurisdiction of courts,\n\nparoling authorities, corrections, or other criminal justice\n\nagencies;\n\n10. “Person” means any individual, corporation, business\n\nenterprise, or other legal entity, public or private;\n\n11. “Rules” means acts of the Interstate Commission, duly\n\npromulgated pursuant to Article VIII of this compact, substantially\n\naffecting interested parties in addition to the Interstate\n\nCommission, which shall have the force and effect of law in the\n\nCompacting States;\n\n12. “State” means a state of the United States, the District of\n\nColumbia, and any other territorial possessions of the United\n\nStates; and\n\n13. “State Council” means the resident members of the State\n\nCouncil for Interstate Adult Offender Supervision created by each\n\nstate under Article III of this compact.\n\nARTICLE III. THE COMPACT COMMISSION\n\nA. The Compacting States hereby create the Interstate\n\nCommission for Adult Offender Supervision.\n\nB. The Interstate Commission shall be a body corporate and\n\njoint agency of the Compacting States. The Interstate Commission\n\nshall have all the responsibilities, powers and duties set forth\n\nherein, including the power to sue and be sued, and such additional\n\npowers as may be conferred upon it by subsequent action of the\n\nrespective legislatures of the Compacting States in accordance with\n\nthe terms of this compact.\n\nC. The Interstate Commission shall consist of Commissioners\n\nselected and appointed by resident members of a State Council for\n\nInterstate Adult Offender Supervision for each state. In addition\n\nto the Commissioners who are the voting representatives of each\n\nstate, the Interstate Commission shall include individuals who are\n\nnot Commissioners but who are members of interested organizations;\n\nsuch non-commissioner members must include a member of national\n\norganizations of governors, legislators, state chief justices,\n\nattorneys general, and crime victims. All non-commissioner members\n\nof the Interstate Commission shall be ex-officio, (nonvoting)\n\nmembers. The Interstate Commission may provide in its bylaws for\n\nsuch additional, ex-officio, nonvoting members as it deems\n\nnecessary.\n\nD. Each compacting state represented at any meeting of the\n\nInterstate Commission is entitled to one vote. A majority of the\n\nCompacting States shall constitute a quorum for the transaction of\n\nbusiness, unless a larger quorum is required by the bylaws of the\n\nInterstate Commission. The Interstate Commission shall meet at\n\nleast once each calendar year. The chairperson may call additional\n\ng of the\n\nInterstate Commission is entitled to one vote. A majority of the\n\nCompacting States shall constitute a quorum for the transaction of\n\nbusiness, unless a larger quorum is required by the bylaws of the\n\nInterstate Commission. The Interstate Commission shall meet at\n\nleast once each calendar year. The chairperson may call additional\n\nmeetings and, upon the request of twenty-seven or more Compacting\n\nStates, shall call additional meetings. Public notice shall be\n\ngiven of all meetings and meetings shall be open to the public.\n\nE. The Interstate Commission shall establish an Executive\n\nCommittee which shall include commission officers, members, and\n\nothers as shall be determined by the bylaws. The Executive\n\nCommittee shall have the power to act on behalf of the Interstate\n\nCommission during periods when the Interstate Commission is not in\n\nsession, with the exception of rulemaking and/or amendment to the\n\nCompact. The Executive Committee oversees the day-to-day activities\n\nmanaged by the Executive Director and Interstate Commission staff,\n\nadministers enforcement and compliance with the provisions of the\n\ncompact, its bylaws and as directed by the Interstate Commission and\n\nperforms other duties as directed by the Interstate Commission or\n\nset forth in the bylaws.\n\nARTICLE IV: THE STATE COUNCIL\n\nEach member state shall create a State Council for Interstate\n\nAdult Offender Supervision which shall be responsible for the\n\nappointment of the commissioner who shall serve on the Interstate\n\nCommission from that state. Each state council shall appoint as its\n\ncommissioner the Compact Administrator from that state to serve on\n\nthe National Interstate Commission in such capacity under or\n\npursuant to applicable law of the member state. While each member\n\nstate may determine the membership of its own state council, its\n\nmembership must include at least one representative from the\n\nlegislative, judicial, and executive branches of government, victims\n\ngroups and compact administrators. Each compacting state retains\n\nthe right to determine the qualifications of the Compact\n\nAdministrator who shall be appointed by the state council or by the\n\nGovernor in consultation with the Legislature and the Judiciary. In\n\naddition to appointment of its commissioner to the National\n\nInterstate Commission, each state council shall exercise oversight\n\nand advocacy concerning its participation in Interstate Commission\n\nactivities and other duties as may be determined by each member\n\nstate, including, but not limited to, development of policy\n\nconcerning operations and procedures of the compact within that\n\nstate.\n\nARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION\n\nThe Interstate Commission shall have the following powers:\n\n1. To adopt a seal and suitable bylaws governing the management\n\nand operation of the Interstate Commission;\n\n2. To promulgate rules which shall have the force and effect of\n\nstatutory law and shall be binding in the Compacting States to the\n\nextent and in the manner provided in this compact;\n\n3. To oversee, supervise, and coordinate the interstate\n\nmovement of offenders subject to the terms of this compact and any\n\nbylaws adopted and rules promulgated by the compact commission;\n\n4. To enforce compliance with compact provisions, Interstate\n\nCommission rules, and bylaws, using all necessary and proper means,\n\nincluding, but not limited to, the use of judicial process;\n\n5. To establish and maintain offices;\n\n6. To purchase and maintain insurance and bonds;\n\n7. To borrow, accept, or contract for services of personnel,\n\nincluding, but not limited to, members and their staffs;\n\n8. To establish and appoint committees and hire staff which it\n\ndeems necessary for the carrying out of its functions, including,\n\nbut not limited to, an executive committee as required by Article\nestablish and maintain offices;\n\n6. To purchase and maintain insurance and bonds;\n\n7. To borrow, accept, or contract for services of personnel,\n\nincluding, but not limited to, members and their staffs;\n\n8. To establish and appoint committees and hire staff which it\n\ndeems necessary for the carrying out of its functions, including,\n\nbut not limited to, an executive committee as required by Article\n\nIII which shall have the power to act on behalf of the Interstate\n\nCommission in carrying out its powers and duties hereunder;\n\n9. To elect or appoint officers, attorneys, employees, agents,\n\nor consultants; to fix their compensation, define their duties, and\n\ndetermine their qualifications; and to establish the Interstate\n\nCommission’s personnel policies and programs relating to, among\n\nother things, conflicts of interest, rates of compensation, and\n\nqualifications of personnel;\n\n10. To accept any and all donations and grants of money,\n\nequipment, supplies, materials, and services, and to receive,\n\nutilize, and dispose of same;\n\n11. To lease, purchase, accept contributions or donations of,\n\nor otherwise to own, hold, improve or use any property, real,\n\npersonal, or mixed;\n\n12. To sell, convey, mortgage, pledge, lease, exchange, abandon\n\nor otherwise dispose of any property, real, personal, or mixed;\n\n13. To establish a budget, make expenditures, and levy dues as\n\nprovided in Article X of this compact;\n\n14. To sue and be sued;\n\n15. To provide for dispute resolution among Compacting States;\n\n16. To perform such functions as may be necessary or\n\nappropriate to achieve the purposes of this compact;\n\n17. To report annually to the legislatures, governors,\n\njudiciary, and state councils of the Compacting States concerning\n\nthe activities of the Interstate Commission during the preceding\n\nyear. Such reports shall include any recommendations that may have\n\nbeen adopted by the Interstate Commission;\n\n18. To coordinate education, training and public awareness\n\nregarding the interstate movement of offenders for officials\n\ninvolved in such activity; and\n\n19. To establish uniform standards for the reporting,\n\ncollecting, and exchanging of data.\n\nARTICLE VI.\n\nORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION\n\nA. The Interstate Commission shall, by a majority of the\n\nMembers, within twelve (12) months of the first Interstate\n\nCommission meeting, adopt bylaws to govern its conduct as may be\n\nnecessary or appropriate to carry out the purposes of the Compact,\n\nincluding, but not limited to:\n\n1. Establishing the fiscal year of the Interstate Commission;\n\n2. Establishing an executive committee and such other\n\ncommittees as may be necessary;\n\n3. Providing reasonable standards and procedures for the\n\nestablishment of committees and the general or specific delegation\n\nof any authority or function of the Interstate Commission;\n\n4. Providing reasonable procedures for calling and conducting\n\nmeetings of the Interstate Commission, and ensuring reasonable\n\nnotice of each such meeting;\n\n5. Establishing the titles and responsibilities of the officers\n\nof the Interstate Commission;\n\n6. Providing reasonable standards and procedures for the\n\nestablishment of the personnel policies and programs of the\n\nInterstate Commission; provided that notwithstanding any civil\n\nservice or other similar laws of any compacting state, the Bylaws\n\nshall exclusively govern the personnel policies and programs of the\n\nInterstate Commission;\n\n7. Providing a mechanism for winding up the operations of the\n\nInterstate Commission and the equitable return of any surplus funds\n\nthat may exist upon the termination of the Compact after the payment\n\nand/or reserving of all of its debts and obligations;\n\n8. Providing transition rules for start-up administration of\n\nthe compact; and\n\n9. Establishing standards and procedures for compliance and\n\ntechnical assistance in carrying out the compact.\nrations of the\n\nInterstate Commission and the equitable return of any surplus funds\n\nthat may exist upon the termination of the Compact after the payment\n\nand/or reserving of all of its debts and obligations;\n\n8. Providing transition rules for start-up administration of\n\nthe compact; and\n\n9. Establishing standards and procedures for compliance and\n\ntechnical assistance in carrying out the compact.\n\nB. 1. The Interstate Commission shall, by a majority of the\n\nMembers, elect from among its Members a chairperson and a vice-\n\nchairperson, each of whom shall have such authorities and duties as\n\nmay be specified in the bylaws. The chairperson or, in the\n\nchairperson’s absence or disability, the vice-chairperson shall\n\npreside at all meetings of the Interstate Commission. The Officers\n\nso selected shall serve without compensation or remuneration from\n\nthe Interstate Commission; provided that, subject to the\n\navailability of budgeted funds, the officers shall be reimbursed for\n\nany actual and necessary costs and expenses incurred by them in the\n\nperformance of their duties and responsibilities as officers of the\n\nInterstate Commission.\n\n2. The Interstate Commission shall, through its executive\n\ncommittee, appoint or retain an executive director for such period,\n\nupon such terms and conditions and for such compensation as the\n\nInterstate Commission may deem appropriate. The executive director\n\nshall serve as secretary to the Interstate Commission, and hire and\n\nsupervise such other staff as may be authorized by the Interstate\n\nCommission, but shall not be a member.\n\nC. The Interstate Commission shall maintain its corporate books\n\nand records in accordance with the bylaws.\n\nD. 1. The Members, officers, executive director, and employees\n\nof the Interstate Commission shall be immune from suit and\n\nliability, either personally or in their official capacity, for any\n\nclaim for damage to or loss of property or personal injury or other\n\ncivil liability caused by or arising out of any actual or alleged\n\nact, error, or omission that occurred within the scope of Interstate\n\nCommission employment, duties or responsibilities; provided, that\n\nnothing in this paragraph shall be construed to protect any such\n\nperson from suit and/or liability for any damage, loss, injury, or\n\nliability caused by the intentional or willful and wanton misconduct\n\nof any such person.\n\n2. The Interstate Commission shall defend the commissioner of a\n\ncompacting state, or the commissioner’s representatives or\n\nemployees, or the Interstate Commission’s representatives or\n\nemployees in any civil action seeking to impose liability, arising\n\nout of any actual or alleged act, error, or omission that occurred\n\nwithin the scope of Interstate Commission employment, duties, or\n\nresponsibilities or that the defendant had a reasonable basis for\n\nbelieving occurred within the scope of Interstate Commission\n\nemployment, duties, or responsibilities. Provided, that the actual\n\nor alleged act, error, or omission did not result from intentional\n\nwrongdoing on the part of such person.\n\n3. The Interstate Commission shall indemnify and hold the\n\ncommissioner of a Compacting State, the appointed designees or\n\nemployees, or the Interstate Commission’s representatives or\n\nemployees, harmless in the amount of any settlement or judgment\n\nobtained against such persons arising out of any actual or alleged\n\nact, error, or omission that occurred within the scope of Interstate\n\nCommission employment, duties, or responsibilities, or that such\n\nperson had reasonable basis for believing occurred within the scope\n\nof Interstate Commission employment, duties, or responsibilities;\n\nprovided, that the actual or alleged act, error, or omission did not\n\nresult from gross negligence or intentional wrongdoing on the part\n\nof such person.\n\nARTICLE VII.\n\nACTIVITIES OF THE INTERSTATE COMMISSION\n\nA. The Interstate Commission shall meet and take such actions\nhad reasonable basis for believing occurred within the scope\n\nof Interstate Commission employment, duties, or responsibilities;\n\nprovided, that the actual or alleged act, error, or omission did not\n\nresult from gross negligence or intentional wrongdoing on the part\n\nof such person.\n\nARTICLE VII.\n\nACTIVITIES OF THE INTERSTATE COMMISSION\n\nA. The Interstate Commission shall meet and take such actions\n\nas are consistent with the provisions of this Compact.\n\nB. Except as otherwise provided in this compact and unless a\n\ngreater percentage is required by the bylaws, in order to constitute\n\nan act of the Interstate Commission, each act shall have been taken\n\nat a meeting of the Interstate Commission and shall have received an\n\naffirmative vote of a majority of the members present.\n\nC. Each member of the Interstate Commission shall have the\n\nright and power to cast a vote to which that Compacting State is\n\nentitled and to participate in the business and affairs of the\n\nInterstate Commission. A Member shall vote in person on behalf of\n\nthe state and shall not delegate a vote to another member state.\n\nHowever, a State Council shall appoint another authorized\n\nrepresentative, in the absence of the commissioner from that state,\n\nto cast a vote on behalf of the member state at a specified meeting.\n\nThe bylaws may provide for Members’ participation in meetings by\n\ntelephone or other means of telecommunication or electronic\n\ncommunication. Any voting conducted by telephone or other means of\n\ntelecommunication or electronic communication shall be subject to\n\nthe same quorum requirements of meetings where members are present\n\nin person.\n\nD. The Interstate Commission shall meet at least once during\n\neach calendar year. The chair of the Interstate Commission may call\n\nadditional meetings at any time and, upon the request of a majority\n\nof the members, shall call additional meetings.\n\nE. The Interstate Commission’s bylaws shall establish\n\nconditions and procedures under which the Interstate Commission\n\nshall make its information and official records available to the\n\npublic for inspection or copying. The Interstate Commission may\n\nexempt from disclosure any information or official records to the\n\nextent they would adversely affect personal privacy rights or\n\nproprietary interests. In promulgating such rules, the Interstate\n\nCommission may make available to law enforcement agencies records\n\nand information otherwise exempt from disclosure and may enter into\n\nagreements with law enforcement agencies to receive or exchange\n\ninformation or records subject to nondisclosure and confidentiality\n\nprovisions.\n\nF. Public notice shall be given of all meetings, and all\n\nmeetings shall be open to the public except as set forth in the\n\nrules or as otherwise provided in the Compact. The Interstate\n\nCommission shall promulgate rules consistent with the principles\n\ncontained in the Government in Sunshine Act, Section 552(b), of\n\nTitle 5 of the United States Code. The Interstate Commission and\n\nany of its committees may close a meeting to the public where it\n\ndetermines by a two-thirds vote that an open meeting would be likely\n\nto:\n\n1. Relate solely to the Interstate Commission’s internal\n\npersonnel practices and procedures;\n\n2. Disclose matters specifically exempted from disclosure by\n\nstatute;\n\n3. Disclose trade secrets or commercial or financial\n\ninformation which is privileged or confidential;\n\n4. Involve accusing any person of a crime or formally censuring\n\nany person;\n\n5. Disclose information of a personal nature where disclosure\n\nwould constitute a clearly unwarranted invasion of personal privacy;\n\n6. Disclose investigatory records compiled for law enforcement\n\npurposes;\n\n7. Disclose information contained in or related to examination,\n\noperating or condition reports prepared by, or on behalf of, or for\n5. Disclose information of a personal nature where disclosure\n\nwould constitute a clearly unwarranted invasion of personal privacy;\n\n6. Disclose investigatory records compiled for law enforcement\n\npurposes;\n\n7. Disclose information contained in or related to examination,\n\noperating or condition reports prepared by, or on behalf of, or for\n\nthe use of, the Interstate Commission with respect to a regulated\n\nentity for the purpose of regulation or supervision of such entity;\n\n8. Disclose information, the premature disclosure of which\n\nwould significantly endanger the life of a person or the stability\n\nof a regulated entity;\n\n9. Relate specifically to the Interstate Commission’s issuance\n\nof a subpoena or its participation in a civil action or proceeding.\n\nG. For every meeting closed pursuant to this provision, the\n\nInterstate Commission’s chief legal officer shall publicly certify\n\nthat, in the officer’s opinion, the meeting may be closed to the\n\npublic and shall reference each relevant exemptive provision.\n\nH. The Interstate Commission shall keep minutes which shall\n\nfully and clearly describe all matters discussed in any meeting and\n\nshall provide a full and accurate summary of any actions taken, and\n\nthe reasons therefor, including a description of each of the views\n\nexpressed on any item and the record of any roll-call vote\n\n(reflected in the vote of each member on the question). All\n\ndocuments considered in connection with any action shall be\n\nidentified in such minutes.\n\nI. The Interstate Commission shall collect standardized data\n\nconcerning the interstate movement of offenders as directed through\n\nits Bylaws and Rules which shall specify the data to be collected,\n\nthe means of collection, and data exchange and reporting\n\nrequirements.\n\nARTICLE VIII.\n\nRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION\n\nA. The Interstate Commission shall promulgate rules in order to\n\neffectively and efficiently achieve the purposes of the compact\n\nincluding transition rules governing administration of the compact\n\nduring the period in which it is being considered and enacted by the\n\nstates.\n\nB. Rulemaking shall occur pursuant to the criteria set forth in\n\nthis Article and the Bylaws and Rules adopted pursuant thereto.\n\nSuch rulemaking shall substantially conform to the principles of the\n\nfederal Administrative Procedure Act, Section 551, et seq. of Title\n\n5 of the United States Code, and the Federal Advisory Committee Act,\n\nApp. 2, Section 1, et seq. of Title 5 of the United State Code, as\n\nmay be amended (APA). All Rules and amendments shall become binding\n\nas of the date specified in each Rule or amendment.\n\nC. If a majority of the legislatures of the Compacting States\n\nrejects a Rule by enactment of a statute or resolution in the same\n\nmanner used to adopt the compact, then such Rule shall have no\n\nfurther force and effect in any Compacting State.\n\nD. When promulgating a rule, the Interstate Commission shall:\n\n1. Publish the proposed rule stating with particularity the\n\ntext of the rule which is proposed and the reason for the proposed\n\nrule;\n\n2. Allow persons to submit written data, facts, opinions, and\n\narguments which information shall be publicly available;\n\n3. Provide an opportunity for an informal hearing; and\n\n4. Promulgate a final rule and its effective date, if\n\nappropriate, based on the rulemaking record.\n\nE. Not later than sixty (60) days after a Rule is promulgated,\n\nany interested person may file a petition in the United States\n\nDistrict Court for the District of Columbia or in the Federal\n\nDistrict Court where the Interstate Commission’s principal office is\n\nlocated for judicial review of such Rule. If the court finds that\n\nthe Interstate Commission’s action is not supported by substantial\n\nevidence (as defined in the APA) in the rulemaking record, the court\n\nshall hold the Rule unlawful and set it aside.\nUnited States\n\nDistrict Court for the District of Columbia or in the Federal\n\nDistrict Court where the Interstate Commission’s principal office is\n\nlocated for judicial review of such Rule. If the court finds that\n\nthe Interstate Commission’s action is not supported by substantial\n\nevidence (as defined in the APA) in the rulemaking record, the court\n\nshall hold the Rule unlawful and set it aside.\n\nF. Subjects to be addressed in rules within twelve (12) months\n\nafter the first meeting must at a minimum include:\n\n1. Notice to victims and opportunity to be heard;\n\n2. Offender registration and compliance;\n\n3. Violations/returns;\n\n4. Transfer procedures and forms;\n\n5. Eligibility for transfer;\n\n6. Collection of restitution and fees from offenders;\n\n7. Data collection and reporting;\n\n8. Level of supervision to be provided by the receiving state;\n\n9. Transition rules governing the operation of the compact and\n\nthe Interstate Commission during all or part of the period between\n\nthe effective date of the compact and the date on which the last\n\neligible state adopts the compact;\n\n10. Mediation, arbitration, and dispute resolution.\n\nG. The existing rules governing the operation of the previous\n\ncompact superceded by this act shall be null and void twelve (12)\n\nmonths after the first meeting of the Interstate Commission created\n\nhereunder.\n\nH. Upon determination by the Interstate Commission that an\n\nemergency exists, it may promulgate an emergency rule which shall\n\nbecome effective immediately upon adoption; provided, that the usual\n\nrulemaking procedures shall be retroactively applied to said rule as\n\nsoon as reasonably possible, in no event later than ninety (90) days\n\nafter the effective date of the rule.\n\nARTICLE IX.\n\nOVERSIGHT, ENFORCEMENT, AND\n\nDISPUTE RESOLUTION BY THE INTERSTATE COMMISSION\n\nA. 1. The Interstate Commission shall oversee the interstate\n\nmovement of adult offenders in the Compacting States and shall\n\nmonitor such activities being administered in Non-Compacting States\n\nwhich may significantly affect Compacting States.\n\n2. The courts and executive agencies in each Compacting State\n\nshall enforce this Compact and shall take all actions necessary and\n\nappropriate to effectuate the Compact’s purposes and intent. In any\n\njudicial or administrative proceeding in a Compacting State\n\npertaining to the subject matter of this Compact which may affect\n\nthe powers, responsibilities or actions of the Interstate\n\nCommission, the Interstate Commission shall be entitled to receive\n\nall service of process in any such proceeding and shall have\n\nstanding to intervene in the proceeding for all purposes.\n\nB. 1. The Compacting States shall report to the Interstate\n\nCommission on issues or activities of concern to them and cooperate\n\nwith and support the Interstate Commission in the discharge of its\n\nduties and responsibilities.\n\n2. The Interstate Commission shall attempt to resolve any\n\ndisputes or other issues which are subject to the Compact and which\n\nmay arise among Compacting States and Non-Compacting States.\n\n3. The Interstate Commission shall enact a Bylaw or promulgate\n\na Rule providing for both mediation and binding dispute resolution\n\nfor disputes among Compacting States.\n\nC. The Interstate Commission, in the reasonable exercise of its\n\ndiscretion, shall enforce the provisions of this Compact using any\n\nor all means set forth in Article XII, Section B, of this Compact.\n\nARTICLE X. FINANCE\n\nA. The Interstate Commission shall pay or provide for the\n\npayment of the reasonable expenses of its establishment,\n\norganization, and ongoing activities.\n\nB. The Interstate Commission shall levy on and collect an\n\nannual assessment from each Compacting State to cover the cost of\n\nthe internal operations and activities of the Interstate Commission\n\nand its staff which must be in a total amount sufficient to cover\n\nthe Interstate Commission’s annual budget as approved each year.\nle expenses of its establishment,\n\norganization, and ongoing activities.\n\nB. The Interstate Commission shall levy on and collect an\n\nannual assessment from each Compacting State to cover the cost of\n\nthe internal operations and activities of the Interstate Commission\n\nand its staff which must be in a total amount sufficient to cover\n\nthe Interstate Commission’s annual budget as approved each year.\n\nThe aggregate annual assessment amount shall be allocated based upon\n\na formula to be determined by the Interstate Commission, taking into\n\nconsideration the population of the state and the volume of\n\ninterstate movement of offenders in each compacting state and shall\n\npromulgate a rule binding upon all Compacting States which governs\n\nsaid assessment.\n\nC. The Interstate Commission shall not incur any obligations of\n\nany kind prior to securing the funds adequate to meet the same. Nor\n\nshall the Interstate Commission pledge the credit of any of the\n\nCompacting States except by and with the authority of the compacting\n\nstate.\n\nD. The Interstate Commission shall keep accurate accounts of\n\nall receipts and disbursements. The receipts and disbursements of\n\nthe Interstate Commission shall be subject to the audit and\n\naccounting procedures established under its bylaws. However, all\n\nreceipts and disbursements of funds handled by the Interstate\n\nCommission shall be audited yearly by a certified or licensed public\n\naccountant and the report of the audit shall be included in and\n\nbecome part of the annual report of the Interstate Commission.\n\nARTICLE XI.\n\nCOMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT\n\nA. Any state, as defined in Article II of this Compact, is\n\neligible to become a Compacting State. The Compact shall become\n\neffective and binding upon legislative enactment of the Compact into\n\nlaw by no fewer than thirty-five of the States. The initial\n\neffective date shall be the later of July 1, 2001, or upon enactment\n\ninto law by the thirty-fifth jurisdiction. Thereafter, it shall\n\nbecome effective and binding as to any other Compacting State upon\n\nenactment of the Compact into law by that State. The governors of\n\nNonmember states or their designees will be invited to participate\n\nin Interstate Commission activities on a nonvoting basis prior to\n\nadoption of the compact by all states and territories of the United\n\nStates.\n\nB. Amendments to the Compact may be proposed by the Interstate\n\nCommission for enactment by the Compacting States. No amendment\n\nshall become effective and binding upon the Interstate Commission\n\nand the Compacting States unless and until it is enacted into law by\n\nunanimous consent of the Compacting States.\n\nARTICLE XII.\n\nWITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT\n\nA. 1. Once effective, the Compact shall continue in force and\n\nremain binding upon each Compacting State; provided that a\n\nCompacting State may withdraw from the compact (“Withdrawing State”)\n\nby enacting a statute specifically repealing the statute which\n\nenacted the Compact into law. The effective date of withdrawal is\n\nthe effective date of the repeal.\n\n2. The Withdrawing State shall immediately notify the\n\nChairperson of the Interstate Commission in writing upon the\n\nintroduction of legislation repealing this Compact in the\n\nWithdrawing State. The Interstate Commission shall notify the other\n\nCompacting States of the Withdrawing State’s intent to withdraw\n\nwithin sixty (60) days of its receipt of the notice.\n\n3. The Withdrawing State is responsible for all assessments,\n\nobligations, and liabilities incurred through the effective date of\n\nwithdrawal, including any obligations, the performance of which\n\nextend beyond the effective date of withdrawal.\n\n4. Reinstatement following withdrawal of any Compacting State\n\nshall occur upon the reenactment of the Compact by the Withdrawing\n\nState or upon such later date as determined by the Interstate\n\nCommission.\nsessments,\n\nobligations, and liabilities incurred through the effective date of\n\nwithdrawal, including any obligations, the performance of which\n\nextend beyond the effective date of withdrawal.\n\n4. Reinstatement following withdrawal of any Compacting State\n\nshall occur upon the reenactment of the Compact by the Withdrawing\n\nState or upon such later date as determined by the Interstate\n\nCommission.\n\nB. If the Interstate Commission determines that any Compacting\n\nState has at any time defaulted (“Defaulting State”) in the\n\nperformance of any of its obligations or responsibilities under this\n\nCompact, the Bylaws or any duly promulgated Rules, the Interstate\n\nCommission may impose any or all of the following penalties:\n\na. fines, fees, and costs in such amounts as are deemed\n\nto be reasonable as fixed by the Interstate\n\nCommission,\n\nb. remedial training and technical assistance as directed\n\nby the Interstate Commission,\n\nc. suspension and termination of membership in the\n\ncompact. Suspension shall be imposed only after all\n\nother reasonable means of securing compliance under\n\nthe Bylaws and Rules have been exhausted. Immediate\n\nnotice of suspension shall be given by the Interstate\n\nCommission to the Governor, the Chief Justice or Chief\n\nJudicial Officer of the state, the majority and\n\nminority leaders of the defaulting state’s\n\nlegislature, and the State Council.\n\nC. 1. The grounds for default include, but are not limited to,\n\nfailure of a Compacting State to perform such obligations or\n\nresponsibilities imposed upon it by this Compact, Interstate\n\nCommission Bylaws, or duly promulgated Rules. The Interstate\n\nCommission shall immediately notify the Defaulting State in writing\n\nof the penalty imposed by the Interstate Commission on the\n\nDefaulting State pending a cure of the default. The Interstate\n\nCommission shall stipulate the conditions and the time period within\n\nwhich the Defaulting State must cure its default. If the Defaulting\n\nState fails to cure the default within the time period specified by\n\nthe Interstate Commission, in addition to any other penalties\n\nimposed herein, the Defaulting State may be terminated from the\n\nCompact upon an affirmative vote of a majority of the Compacting\n\nStates and all rights, privileges, and benefits conferred by this\n\nCompact shall be terminated from the effective date of suspension.\n\n2. Within sixty (60) days of the effective date of termination\n\nof a Defaulting State, the Interstate Commission shall notify the\n\nGovernor, the Chief Justice or Chief Judicial Officer, and the\n\nMajority and Minority Leaders of the Defaulting State’s Legislature\n\nand the State Council of such termination.\n\n3. The defaulting state is responsible for all assessments,\n\nobligations, and liabilities incurred through the effective date of\n\ntermination including any obligations, the performance of which\n\nextends beyond the effective date of termination.\n\n4. The Interstate Commission shall not bear any costs relating\n\nto the Defaulting State unless otherwise mutually agreed upon\n\nbetween the Interstate Commission and the Defaulting State.\n\nReinstatement following termination of any compacting state requires\n\nboth a reenactment of the Compact by the Defaulting State and the\n\napproval of the Interstate Commission pursuant to the Rules.\n\nD. The Interstate Commission may, by a majority vote of the\n\nMembers, initiate legal action in the United States District Court\n\nfor the District of Columbia or, at the discretion of the Interstate\n\nCommission, in the Federal District where the Interstate Commission\n\nhas its offices to enforce compliance with the provisions of the\n\nCompact, its duly promulgated Rules and Bylaws against any\n\nCompacting State in default. In the event judicial enforcement is\n\nnecessary the prevailing party shall be awarded all costs of such\n\nlitigation including reasonable attorney fees.\netion of the Interstate\n\nCommission, in the Federal District where the Interstate Commission\n\nhas its offices to enforce compliance with the provisions of the\n\nCompact, its duly promulgated Rules and Bylaws against any\n\nCompacting State in default. In the event judicial enforcement is\n\nnecessary the prevailing party shall be awarded all costs of such\n\nlitigation including reasonable attorney fees.\n\nE. The Compact dissolves effective upon the date of the\n\nwithdrawal or default of a Compacting State which reduces membership\n\nin the Compact to one Compacting State. Upon dissolution of this\n\nCompact, the Compact becomes null and void and shall be of no\n\nfurther force or effect, and the business and affairs of the\n\nInterstate Commission shall be wound up, and any surplus funds shall\n\nbe distributed in accordance with the bylaws.\n\nARTICLE XIII.\n\nSEVERABILITY AND CONSTRUCTION\n\nA. The provisions of this Compact shall be severable. If any\n\nphrase, clause, sentence or provision is deemed unenforceable, the\n\nremaining provisions of the Compact shall be enforceable.\n\nB. The provisions of this Compact shall be liberally construed\n\nto effectuate its purposes.\n\nARTICLE XIV.\n\nBINDING EFFECT OF COMPACT AND OTHER LAWS\n\nA. Nothing in this Compact prevents the enforcement of any\n\nother law of a Compacting State that is not inconsistent with this\n\nCompact. All Compacting States’ laws conflicting with this Compact\n\nare superseded to the extent of the conflict.\n\nB. 1. All lawful actions of the Interstate Commission,\n\nincluding all Rules and Bylaws promulgated by the Interstate\n\nCommission, are binding upon the Compacting States.\n\n2. All agreements between the Interstate Commission and the\n\nCompacting States are binding in accordance with their terms.\n\n3. Upon the request of a party to a conflict over meaning or\n\ninterpretation of Interstate Commission actions, and upon a majority\n\nvote of the Compacting States, the Interstate Commission may issue\n\nadvisory opinions regarding such meaning or interpretation.\n\n4. In the event any provision of this Compact exceeds the\n\nconstitutional limits imposed on the legislature of any Compacting\n\nState, the obligations, duties, powers, or jurisdiction sought to be\n\nconferred by such provision upon the Interstate Commission shall be\n\nineffective. Such obligations, duties, powers, or jurisdiction\n\nshall remain in the Compacting State and shall be exercised by the\n\nagency in the state to which such obligations, duties, powers, or\n\njurisdiction are delegated by law in effect at the time this compact\n\nbecomes effective.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"52c9c4bd98ce4af4df6a0fb00cb808512d2e5a98fa7027c8c1127fbc040fff70","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1092","next":"us-ok/okla.-stat.-tit.-22-22-1094"},"notice":"GroundRules: Original legal text. Not legal advice."}