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A00055 Summary:

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A00055 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          55--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M.  of A. AUBRY, SCARBOROUGH, WEINSTEIN -- read once and
          referred to the Committee on Correction -- reported  and  referred  to
          the  Committee  on  Codes -- reported and referred to the Committee on
          Ways  and  Means  --  committee  discharged,  bill  amended,   ordered

          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend the executive law, in relation to the adoption of the
          interstate compact for juveniles by the state of New  York;  to  amend
          the  family  court  act,  in  relation to appointment of attorneys for
          children; to repeal chapter 155 of the laws of 1955 relating to enact-
          ing the interstate compact on juveniles relating thereto; and  provid-
          ing for the repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Chapter 155 of the laws of 1955,  enacting  the  interstate
     2  compact on juveniles, is REPEALED.
     3    §  2.  The  executive  law is amended by adding a new section 501-e to
     4  read as follows:

     5    § 501-e. Interstate compact for juveniles.  The interstate compact for
     6  juveniles is hereby enacted into law and entered  into  with  all  other
     7  jurisdictions  legally  joining  therein  in  a  form  substantially  as
     8  follows:
 
     9                     THE INTERSTATE COMPACT FOR JUVENILES
    10                                  ARTICLE I
    11                                   PURPOSE
    12    The compacting states to this interstate compact recognize  that  each
    13  state  is responsible for the proper supervision or return of juveniles,
    14  delinquents and status offenders who are on probation or parole and  who
    15  have  absconded, escaped or run away from supervision and control and in

    16  so doing have endangered their own safety and the safety of others.  The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03854-02-1
        A. 55--A                            2
 
     1  compacting  states also recognize that each state is responsible for the
     2  safe return of juveniles who have run away from home  and  in  doing  so
     3  have left their state of residence. The compacting states also recognize
     4  that  congress, by enacting the Crime Control Act, 4 U.S.C.  Section 112
     5  (1965), has authorized and encouraged compacts for  cooperative  efforts

     6  and  mutual  assistance in the prevention of crime. It is the purpose of
     7  this compact, through means of joint and cooperative  action  among  the
     8  compacting states to:
     9    A.  ensure that the adjudicated juveniles and status offenders subject
    10  to this compact are provided adequate supervision and  services  in  the
    11  receiving state as ordered by the adjudicating judge or parole authority
    12  in the sending state;
    13    B.  ensure that the public safety interests of the citizens, including
    14  the victims of juvenile offenders, in both  the  sending  and  receiving
    15  states are adequately protected;
    16    C.  return  juveniles  who  have  run  away, absconded or escaped from
    17  supervision or control or have been accused of an offense to  the  state

    18  requesting their return;
    19    D.  make  contracts for the cooperative institutionalization in public
    20  facilities  in  member  states  for  delinquent  youth  needing  special
    21  services;
    22    E. provide for the effective tracking and supervision of juveniles;
    23    F.  equitably  allocate  the  costs,  benefits  and obligations of the
    24  compacting states;
    25    G. establish procedures to manage the movement between states of juve-
    26  nile offenders released to  the  community  under  the  jurisdiction  of
    27  courts,  juvenile departments, or any other criminal or juvenile justice
    28  agency which has jurisdiction over juvenile offenders;
    29    H. insure immediate notice to jurisdictions  where  defined  offenders

    30  are authorized to travel or to relocate across state lines;
    31    I. establish procedures to resolve pending charges (detainers) against
    32  juvenile  offenders  prior to transfer or release to the community under
    33  the terms of this compact;
    34    J. establish a  system  of  uniform  data  collection  on  information
    35  pertaining  to  juveniles  subject to this compact that allows access by
    36  authorized juvenile justice and criminal justice officials, and  regular
    37  reporting  of  compact activities to heads of state executive, judicial,
    38  and legislative branches and juvenile and criminal  justice  administra-
    39  tors;
    40    K.  monitor  compliance  with  rules  governing interstate movement of

    41  juveniles and initiate interventions to address and  correct  noncompli-
    42  ance;
    43    L.  coordinate  training  and  education  regarding  the regulation of
    44  interstate movement of juveniles for officials involved in  such  activ-
    45  ity; and
    46    M. coordinate the implementation and operation of the compact with the
    47  interstate compact for the placement of children, the interstate compact
    48  for  adult  offender  supervision and other compacts affecting juveniles
    49  particularly in those cases where concurrent or overlapping  supervision
    50  issues arise.
    51    It  is  the  policy  of  the  compacting  states  that  the activities
    52  conducted by the interstate commission created herein are the  formation

    53  of  public policies and therefore are public business.  Furthermore, the
    54  compacting states shall  cooperate  and  observe  their  individual  and
    55  collective duties and responsibilities for the prompt return and accept-
    56  ance  of  juveniles  subject  to  the  provisions  of  this compact. The
        A. 55--A                            3
 
     1  provisions of this compact shall be reasonably and  liberally  construed
     2  to accomplish the purposes and policies of the compact.
 
     3                                 ARTICLE II
     4                                 DEFINITIONS
     5    As used in this compact, unless the context clearly requires a differ-
     6  ent construction:

     7    A.  "Bylaws"  means those bylaws established by the interstate commis-
     8  sion for its governance, or for directing or controlling its actions  or
     9  conduct;
    10    B.  "Compact  administrator"  means  the individual in each compacting
    11  state appointed pursuant to the terms of this compact,  responsible  for
    12  the  administration and management of the state's supervision and trans-
    13  fer of juveniles subject to the terms of this compact, the rules adopted
    14  by the interstate commission and policies adopted by the  state  council
    15  under this compact;
    16    C.  "Compacting  state" means any state which has enacted the enabling
    17  legislation for this compact;
    18    D. "Commissioner" means the voting representative of  each  compacting

    19  state appointed pursuant to article III of this compact;
    20    E.  "Court"  means  any  court  having  jurisdiction  over delinquent,
    21  neglected, or dependent children;
    22    F. "Deputy compact administrator" means the  individual,  if  any,  in
    23  each  compacting  state appointed to act on behalf of a compact adminis-
    24  trator pursuant to the terms of this compact responsible for the  admin-
    25  istration  and  management  of  the  state's supervision and transfer of
    26  juveniles subject to the terms of this compact, the rules adopted by the
    27  interstate commission and policies adopted by the  state  council  under
    28  this compact;
    29    G.  "Interstate  commission" means the interstate commission for juve-
    30  niles created by article III of this compact;

    31    H. "Juvenile" means any person defined as a  juvenile  in  any  member
    32  state or by the rules of the interstate commission, including any:
    33    1.  "accused  delinquent" which means a person charged with an offense
    34  that, if committed by an adult, would be a criminal offense;
    35    2. "adjudicated delinquent" which means a person found to have commit-
    36  ted an offense that, if committed by  an  adult,  would  be  a  criminal
    37  offense;
    38    3.  "accused  status  offender"  which  means a person charged with an
    39  offense that would not be a criminal offense if committed by an adult;
    40    4. "adjudicated status offender" which means a person  found  to  have
    41  committed  an  offense that would not be a criminal offense if committed
    42  by an adult; and

    43    5. "non-offender" which means a person in need of supervision who  has
    44  not been accused or adjudicated a status offender or delinquent;
    45    I.  "Non-compacting  state"  means any state which has not enacted the
    46  enabling legislation for this compact;
    47    J. "Probation" or "parole" means any kind  of  supervision  or  condi-
    48  tional  release of juveniles authorized under the laws of the compacting
    49  states;
    50    K. "Rule" means a  written  statement  by  the  interstate  commission
    51  promulgated  pursuant  to  article VI of this compact that is of general
    52  applicability,  implements,  interprets  or  prescribes  a   policy   or
    53  provision of the compact, or an organizational, procedural, or practical

    54  requirement of the commission, and has the force and effect of statutory
        A. 55--A                            4
 
     1  law  in  a  compacting  state,  and  includes  the amendment, repeal, or
     2  suspension of an existing rule; and
     3    L.  "State" means a state of the United States, the District of Colum-
     4  bia (or its designee), the Commonwealth of Puerto Rico, the U.S.  Virgin
     5  Islands, Guam, American Samoa, and the Northern Marianas Islands.
 
     6                                 ARTICLE III
     7                     INTERSTATE COMMISSION FOR JUVENILES
     8    A.  The compacting states hereby create the "interstate commission for
     9  juveniles." The commission shall be a body corporate and joint agency of

    10  the compacting states. The commission shall have  all  the  responsibil-
    11  ities, powers and duties set forth herein, and such additional powers as
    12  may be conferred upon it by subsequent action of the respective legisla-
    13  tures  of  the  compacting  states  in accordance with the terms of this
    14  compact.
    15    B. The interstate commission shall consist of commissioners  appointed
    16  by  the  appropriate  appointing authority in each state pursuant to the
    17  rules and requirements of each compacting state and in consultation with
    18  the state council for interstate juvenile supervision created hereunder.
    19  The commissioner shall be  the  compact  administrator,  deputy  compact
    20  administrator  or designee from that state who shall serve on the inter-

    21  state commission in such capacity under or pursuant  to  the  applicable
    22  law of the compacting state.
    23    C. In addition to the commissioners who are the voting representatives
    24  of  each  state, the interstate commission shall include individuals who
    25  are not commissioners, but who are members of interested  organizations.
    26  Such  non-commissioner  members  must  include  a member of the national
    27  organizations of governors, legislators, state chief justices, attorneys
    28  general, interstate compact for adult offender  supervision,  interstate
    29  compact  for  the  placement  of children, juvenile justice and juvenile
    30  corrections officials, and crime victims. All  non-commissioner  members

    31  of  the  interstate commission shall be ex-officio (non-voting) members.
    32  The interstate commission may provide in its bylaws for such  additional
    33  ex-officio  (non-voting)  members,  including  members of other national
    34  organizations, in such numbers as shall be determined by the commission.
    35    D. Each compacting state represented at any meeting of the  commission
    36  is  entitled  to  one  vote.  A  majority of the compacting states shall
    37  constitute a quorum for the transaction of  business,  unless  a  larger
    38  quorum is required by the bylaws of the interstate commission.
    39    E.  The  commission  shall  meet at least once each calendar year. The
    40  chairperson may call additional meetings and,  upon  the  request  of  a

    41  simple  majority  of  the compacting states, shall call additional meet-
    42  ings. Public notice shall be given of all meetings and meetings shall be
    43  open to the public.
    44    F. The interstate commission shall establish an  executive  committee,
    45  which  shall  include commission officers, members, and others as deter-
    46  mined by the bylaws.  The executive committee shall have  the  power  to
    47  act  on  behalf  of  the  interstate  commission during periods when the
    48  interstate commission is not in session, with the exception of  rulemak-
    49  ing and/or amendment to the compact. The executive committee shall over-
    50  see  the  day-to-day  activities  of  the  administration of the compact
    51  managed by an executive director and interstate commission staff; admin-

    52  ister enforcement and compliance with the provisions of the compact, its
    53  bylaws and rules, and perform such  other  duties  as  directed  by  the
    54  interstate commission or set forth in the bylaws.
        A. 55--A                            5
 
     1    G.  Each  member of the interstate commission shall have the right and
     2  power to cast a vote to which that compacting state is entitled  and  to
     3  participate  in the business and affairs of the interstate commission. A
     4  member shall vote in person and shall not delegate  a  vote  to  another
     5  compacting  state.  However,  a  commissioner,  in consultation with the
     6  state council, shall appoint another authorized representative,  in  the

     7  absence of the commissioner from that state, to cast a vote on behalf of
     8  the  compacting state at a specified meeting. The bylaws may provide for
     9  members' participation in meetings by telephone or other means of  tele-
    10  communication or electronic communication.
    11    H.  The  interstate commission's bylaws shall establish conditions and
    12  procedures under which the interstate commission shall make its informa-
    13  tion and official records available to  the  public  for  inspection  or
    14  copying. The interstate commission may exempt from disclosure any infor-
    15  mation  or  official  records  to the extent they would adversely affect
    16  personal privacy rights or proprietary interests.
    17    I. Public notice shall be given of all meetings and all meetings shall

    18  be open to the public, except as set forth in the rules or as  otherwise
    19  provided  in  the  compact.  The  interstate  commission  and any of its
    20  committees may close a meeting to the  public  where  it  determines  by
    21  two-thirds vote that an open meeting would be likely to:
    22    1.  relate  solely  to  the interstate commission's internal personnel
    23  practices and procedures;
    24    2. disclose matters specifically exempted from disclosure by statute;
    25    3. disclose trade secrets or commercial or financial information which
    26  is privileged or confidential;
    27    4. involve accusing any person of a crime, or formally  censuring  any
    28  person;
    29    5.  disclose  information  of a personal nature where disclosure would

    30  constitute a clearly unwarranted invasion of personal privacy;
    31    6.  disclose  investigative  records  compiled  for  law   enforcement
    32  purposes;
    33    7.  disclose information contained in or related to examination, oper-
    34  ating or condition reports prepared by, or on behalf of or for  the  use
    35  of,  the  interstate  commission  with  respect to a regulated person or
    36  entity for the purpose of regulation or supervision of  such  person  or
    37  entity;
    38    8.  disclose  information,  the  premature  disclosure  of which would
    39  significantly endanger the stability of a regulated person or entity; or
    40    9. specifically relate to the interstate commission's  issuance  of  a

    41  subpoena, or its participation in a civil action or other legal proceed-
    42  ing.
    43    J. For every meeting closed pursuant to this provision, the interstate
    44  commission's  legal  counsel  shall  publicly certify that, in the legal
    45  counsel's opinion, the meeting may be closed to the  public,  and  shall
    46  reference  each  relevant exemptive provision. The interstate commission
    47  shall keep minutes which shall fully and clearly  describe  all  matters
    48  discussed  in  any meeting and shall provide a full and accurate summary
    49  of any actions taken, and the reasons therefor, including a  description
    50  of  each  of  the views expressed on any item and the record of any roll
    51  call vote (reflected in the vote of each member on  the  question).  All

    52  documents  considered  in connection with any action shall be identified
    53  in such minutes.
    54    K. The interstate commission shall collect standardized data  concern-
    55  ing  the  interstate movement of juveniles as directed through its rules
    56  which shall specify the data to be collected, the  means  of  collection
        A. 55--A                            6
 
     1  and  data  exchange  and  reporting requirements.   Such methods of data
     2  collection, exchange and reporting shall insofar as is reasonably possi-
     3  ble conform to up-to-date  technology  and  coordinate  its  information
     4  functions with the appropriate repository of records.
 
     5                                 ARTICLE IV

     6               POWERS AND DUTIES OF THE INTERSTATE COMMISSION
     7    The commission shall have the following powers and duties:
     8    A. To provide for dispute resolution among compacting states;
     9    B.  To  promulgate  rules  to  effect  the purposes and obligations as
    10  enumerated in this compact, which shall have the  force  and  effect  of
    11  statutory  law  and  shall  be  binding  in the compacting states to the
    12  extent and in the manner provided in this compact;
    13    C. To oversee, supervise and coordinate  the  interstate  movement  of
    14  juveniles  subject  to  the terms of this compact and any bylaws adopted
    15  and rules promulgated by the interstate commission;
    16    D. To enforce  compliance  with  the  compact  provisions,  the  rules

    17  promulgated  by  the  interstate  commission,  and the bylaws, using all
    18  necessary and proper means, including but not  limited  to  the  use  of
    19  judicial process;
    20    E. To establish and maintain offices which shall be located within one
    21  or more of the compacting states;
    22    F. To purchase and maintain insurance and bonds;
    23    G. To borrow, accept, hire or contract for services of personnel;
    24    H.  To  establish and appoint committees and hire staff which it deems
    25  necessary for the carrying out  of  its  functions  including,  but  not
    26  limited  to,  an  executive committee as required by article III of this
    27  compact which shall have the power to act on behalf  of  the  interstate

    28  commission in carrying out its powers and duties hereunder;
    29    I. To elect or appoint such officers, attorneys, employees, agents, or
    30  consultants,  and  to  fix  their  compensation, define their duties and
    31  determine their qualifications; and to establish the interstate  commis-
    32  sion's   personnel  policies  and  programs  relating  to,  inter  alia,
    33  conflicts of interest, rates  of  compensation,  and  qualifications  of
    34  personnel;
    35    J.  To  accept  any  and all donations and grants of money, equipment,
    36  supplies, materials, and services, and to receive, utilize, and  dispose
    37  of it;
    38    K. To lease, purchase, accept contributions or donations of, or other-
    39  wise  to  own,  hold,  improve  or  use any property, real, personal, or

    40  mixed;
    41    L. To sell, convey, mortgage, pledge,  lease,  exchange,  abandon,  or
    42  otherwise dispose of any property, real, personal, or mixed;
    43    M.  To  establish  a  budget  and  make  expenditures and levy dues as
    44  provided in article VIII of this compact;
    45    N. To sue and be sued;
    46    O. To adopt a seal and bylaws governing the management  and  operation
    47  of the interstate commission;
    48    P.  To  perform  such  functions as may be necessary or appropriate to
    49  achieve the purposes of this compact;
    50    Q. To report annually to the legislatures, governors,  judiciary,  and
    51  state councils of the compacting states concerning the activities of the
    52  interstate commission during the preceding year. Such reports shall also

    53  include any recommendations that may have been adopted by the interstate
    54  commission;
        A. 55--A                            7
 
     1    R.  To  coordinate  education, training and public awareness regarding
     2  the interstate movement of juveniles  for  officials  involved  in  such
     3  activity;
     4    S.  To  establish  uniform  standards of the reporting, collecting and
     5  exchanging of data; and
     6    T. The interstate commission shall maintain its  corporate  books  and
     7  records in accordance with the bylaws.
 
     8                                  ARTICLE V
     9           ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
    10    A. Bylaws.

    11    The  interstate commission shall, by a majority of the members present
    12  and voting, within twelve months after the first  interstate  commission
    13  meeting,  adopt  bylaws  to  govern  its  conduct as may be necessary or
    14  appropriate to carry out the purposes of the compact, including, but not
    15  limited to:
    16    a. establishing the fiscal year of the interstate commission;
    17    b. establishing an executive committee and such  other  committees  as
    18  may be necessary;
    19    c. providing for the establishment of committees governing any general
    20  or  specific  delegation  of any authority or function of the interstate
    21  commission;
    22    d. providing reasonable procedures for calling and conducting meetings

    23  of the interstate commission, and ensuring  reasonable  notice  of  each
    24  such meeting;
    25    e. establishing the titles and responsibilities of the officers of the
    26  interstate commission;
    27    f.  providing  a mechanism for concluding the operations of the inter-
    28  state commission and the return of any surplus funds that may exist upon
    29  the termination of the compact after the payment and/or reserving of all
    30  of its debts and obligations;
    31    g. providing  "start-up"  rules  for  initial  administration  of  the
    32  compact; and
    33    h.  establishing standards and procedures for compliance and technical
    34  assistance in carrying out the compact.
    35    B. Officers and staff.

    36    1. The interstate commission shall, by  a  majority  of  the  members,
    37  elect annually from among its members a chairperson and a vice-chairper-
    38  son,  each of whom shall have such authority and duties as may be speci-
    39  fied in the bylaws. The chairperson or, in the chairperson's absence  or
    40  disability,  the  vice-chairperson  shall preside at all meetings of the
    41  interstate commission. The  officers  so  elected  shall  serve  without
    42  compensation  or  remuneration  from the interstate commission; provided
    43  that, subject to the availability of budgeted funds, the officers  shall
    44  be reimbursed for any ordinary and necessary costs and expenses incurred
    45  by them in the performance of their duties and responsibilities as offi-

    46  cers of the interstate commission.
    47    2.  The  interstate commission shall, through its executive committee,
    48  appoint or retain an executive director for such period, upon such terms
    49  and conditions and for such compensation as  the  interstate  commission
    50  may deem appropriate. The executive director shall serve as secretary to
    51  the  interstate commission, but shall not be a member and shall hire and
    52  supervise such other staff  as  may  be  authorized  by  the  interstate
    53  commission.
    54    C. Qualified immunity, defense and indemnification.
        A. 55--A                            8
 
     1    1.  The interstate commission's executive director and employees shall

     2  be immune from suit and liability, either personally or in  their  offi-
     3  cial  capacity,  for  any  claim  for  damage  to or loss of property or
     4  personal injury or other civil liability caused or  arising  out  of  or
     5  relating to any actual or alleged act, error, or omission that occurred,
     6  or that such person had a reasonable basis for believing occurred within
     7  the  scope  of interstate commission employment, duties, or responsibil-
     8  ities; provided, that any such person shall not be protected  from  suit
     9  or  liability  for  any damage, loss, injury, or liability caused by the
    10  intentional or willful and wanton misconduct of any such person.
    11    2. The liability of any commissioner, or the employee or  agent  of  a

    12  commissioner,  acting  within  the  scope of such person's employment or
    13  duties for acts, errors, or omissions  occurring  within  such  person's
    14  state may not exceed the limits of liability set forth under the consti-
    15  tution  and  laws  of  that  state  for  state officials, employees, and
    16  agents.  Nothing in this subdivision shall be construed to  protect  any
    17  such  person  from  suit  or  liability for any damage, loss, injury, or
    18  liability caused by the intentional or willful and wanton misconduct  of
    19  any such person.
    20    3.  The  interstate  commission shall defend the executive director or
    21  the employees or  representatives  of  the  interstate  commission  and,
    22  subject to the approval of the attorney general of the state represented

    23  by any commissioner of a compacting state, shall defend such commission-
    24  er  or  the  commissioner's  representatives  or  employees in any civil
    25  action seeking to impose liability arising out of any actual or  alleged
    26  act,  error,  or  omission  that occurred within the scope of interstate
    27  commission employment, duties, or responsibilities, or that the  defend-
    28  ant  had  a  reasonable basis for believing occurred within the scope of
    29  interstate commission employment, duties, or responsibilities,  provided
    30  that  the  actual or alleged act, error, or omission did not result from
    31  intentional or willful and wanton misconduct on the part of such person.
    32    4. The interstate commission shall indemnify and hold the commissioner

    33  of a compacting state, or the commissioner's representatives or  employ-
    34  ees,  or the interstate commission's representatives or employees, harm-
    35  less in the amount of any settlement or judgment obtained  against  such
    36  persons  arising  out  of  any actual or alleged act, error, or omission
    37  that occurred within the  scope  of  interstate  commission  employment,
    38  duties, or responsibilities, or that such persons had a reasonable basis
    39  for believing occurred within the scope of interstate commission employ-
    40  ment,  duties,  or responsibilities, provided that the actual or alleged
    41  act, error, or omission did not result from intentional or  willful  and
    42  wanton misconduct on the part of such persons.
 
    43                                 ARTICLE VI

    44              RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
    45    A.  The  interstate  commission  shall promulgate and publish rules in
    46  order to  effectively  and  efficiently  achieve  the  purposes  of  the
    47  compact.
    48    B.  Rulemaking  shall occur pursuant to the criteria set forth in this
    49  article and the bylaws and rules adopted pursuant thereto. Such rulemak-
    50  ing shall substantially conform to the principles of  the  "Model  State
    51  Administrative  Procedures  Act," 1981 act, uniform laws annotated, vol.
    52  15, p.1 (2000), or such other administrative  procedures  acts,  as  the
    53  interstate  commission  deems  appropriate,  consistent with due process
    54  requirements under the United States Constitution as  now  or  hereafter

    55  interpreted by the United States supreme court. All rules and amendments
        A. 55--A                            9
 
     1  shall  become  binding  as  of the date specified, as published with the
     2  final version of the rules as approved by the interstate commission.
     3    C.  When  promulgating  a  rule, the interstate commission shall, at a
     4  minimum:
     5    1. publish the proposed rule's  entire  text  stating  the  reason  or
     6  reasons for that proposed rule;
     7    2. allow and invite any and all persons to submit written data, facts,
     8  opinions  and arguments, which information shall be added to the record,
     9  and be made publicly available;
    10    3. provide an opportunity for an informal hearing if petitioned by ten

    11  or more persons;
    12    4. promulgate a final rule and its  effective  date,  if  appropriate,
    13  based on input from state or local officials, or interested parties; and
    14    5.  allow,  not later than sixty days after a rule is promulgated, any
    15  interested person to file a petition in the United States district court
    16  for the District of Columbia or in the federal district court where  the
    17  interstate  commission's principal office is located for judicial review
    18  of such rule. If the court finds that the interstate commission's action
    19  is not supported by substantial evidence in the rulemaking  record,  the
    20  court  shall  hold  the  rule unlawful and set it aside. For purposes of
    21  this subdivision, evidence is substantial  if  it  would  be  considered

    22  substantial  evidence  under  the  model state administrative procedures
    23  act.
    24    D. If a majority of the legislatures of the compacting states  rejects
    25  a rule, those states may, by enactment of a statute or resolution in the
    26  same  manner  used  to  adopt  the  compact,  cause such rule to have no
    27  further force and effect in any compacting state.
    28    E. The existing  rules  governing  the  operation  of  the  interstate
    29  compact  on  juveniles  superseded  by  this  act shall be null and void
    30  twelve months after the  first  meeting  of  the  interstate  commission
    31  created hereunder.
    32    F.  Upon  determination  by  the interstate commission that a state of
    33  emergency exists, it may promulgate an emergency rule which shall become

    34  effective immediately upon adoption, provided that the usual  rulemaking
    35  procedures  provided  hereunder  shall  be retroactively applied to said
    36  rule as soon as reasonably possible, but no later than ninety days after
    37  the effective date of the emergency rule.
 
    38                                 ARTICLE VII
    39       OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE
    40                                 COMMISSION
    41    A. Oversight.
    42    1. The interstate commission  shall  oversee  the  administration  and
    43  operations  of  the  interstate  movement  of  juveniles subject to this
    44  compact in the compacting states and shall monitor such activities being
    45  administered in non-compacting states  which  may  significantly  affect

    46  compacting states.
    47    2.  The  courts  and executive agencies in each compacting state shall
    48  enforce this compact and shall take all actions necessary and  appropri-
    49  ate  to  effectuate the compact's purposes and intent. The provisions of
    50  this compact and the rules promulgated hereunder shall  be  received  by
    51  all  the  judges,  public  officers, commissions, and departments of the
    52  state government as evidence of the authorized statute  and  administra-
    53  tive rules. All courts shall take judicial notice of the compact and the
    54  rules.  In  any  judicial  or  administrative proceeding in a compacting
    55  state pertaining to the subject matter of this compact which may  affect
        A. 55--A                           10
 

     1  the  powers,  responsibilities, or actions of the interstate commission,
     2  it shall be entitled to receive all  service  of  process  in  any  such
     3  proceeding,  and  shall have standing to intervene in the proceeding for
     4  all purposes.
     5    B. Dispute resolution.
     6    1.  The compacting states shall report to the interstate commission on
     7  all issues and  activities  necessary  for  the  administration  of  the
     8  compact  as  well as issues and activities pertaining to compliance with
     9  the provisions of the compact and its bylaws and rules.
    10    2. The interstate commission shall attempt,  upon  the  request  of  a
    11  compacting  state,  to  resolve  any  disputes or other issues which are

    12  subject to the compact and which may arise among compacting  states  and
    13  between  compacting  and  non-compacting  states.   The commission shall
    14  promulgate a rule providing  for  both  mediation  and  binding  dispute
    15  resolution for disputes among the compacting states.
    16    3.  The  interstate  commission,  in  the  reasonable  exercise of its
    17  discretion, shall enforce the provisions and rules of this compact using
    18  any or all means set forth in article XI of this compact.
 
    19                                ARTICLE VIII
    20                                   FINANCE
    21    A. The interstate commission shall pay or provide for the  payment  of
    22  the  reasonable  expenses of its establishment, organization and ongoing
    23  activities.

    24    B. The interstate commission shall  levy  on  and  collect  an  annual
    25  assessment  from each compacting state to cover the cost of the internal
    26  operations and activities of the interstate  commission  and  its  staff
    27  which  must  be  in  a  total  amount sufficient to cover the interstate
    28  commission's annual budget as approved each year. The  aggregate  annual
    29  assessment  amount  shall be allocated based upon a formula to be deter-
    30  mined by the interstate commission, taking into consideration the  popu-
    31  lation of each compacting state and the volume of interstate movement of
    32  juveniles  in  each compacting state and shall promulgate a rule binding
    33  upon all compacting states which governs said assessment.

    34    C. The interstate commission shall not incur any  obligations  of  any
    35  kind  prior  to  securing the funds adequate to meet the same; nor shall
    36  the interstate commission pledge the credit of  any  of  the  compacting
    37  states, except by and with the authority of the compacting state.
    38    D.  The  interstate  commission  shall  keep  accurate accounts of all
    39  receipts and disbursements. The receipts and disbursements of the inter-
    40  state commission shall be subject to the audit and accounting procedures
    41  established under its bylaws.  However, all receipts  and  disbursements
    42  of funds handled by the interstate commission shall be audited yearly by
    43  a  certified  or  licensed public accountant and the report of the audit

    44  shall be included in and become part of the annual report of the  inter-
    45  state commission.
 
    46                                 ARTICLE IX
    47                              THE STATE COUNCIL
    48    Each member state shall create a state council for interstate juvenile
    49  supervision.  While  each  state may determine the membership of its own
    50  state council, its membership must include at least  one  representative
    51  from  the  legislative,  judicial, and executive branches of government,
    52  victims groups, and the compact administrator, deputy  compact  adminis-
    53  trator or designee. Each compacting state retains the right to determine
    54  the qualifications of the compact administrator or deputy compact admin-

        A. 55--A                           11
 
     1  istrator.  Each state council will advise and may exercise oversight and
     2  advocacy concerning that state's participation in interstate  commission
     3  activities  and other duties as may be determined by that state, includ-
     4  ing  but not limited to, development of policy concerning operations and
     5  procedures of the compact within that state.
 
     6                                  ARTICLE X
     7               COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
     8    A. Any state, the District of Columbia (or its designee), the  Common-
     9  wealth  of  Puerto  Rico, the U.S. Virgin Islands, Guam, American Samoa,
    10  and the Northern Marianas Islands as  defined  in  article  II  of  this

    11  compact is eligible to become a compacting state.
    12    B.  The  compact  shall  become effective and binding upon legislative
    13  enactment of the compact into law by no less  than  thirty-five  of  the
    14  states. The initial effective date shall be the later of July first, two
    15  thousand  four  or upon enactment into law by the thirty-fifth jurisdic-
    16  tion. Thereafter it shall become effective and binding as to  any  other
    17  compacting  state  upon enactment of the compact into law by that state.
    18  The governors of non-member states or their designees shall  be  invited
    19  to  participate  in  the  activities  of  the interstate commission on a
    20  nonvoting basis prior to adoption of  the  compact  by  all  states  and
    21  territories of the United States.

    22    C. The interstate commission may propose amendments to the compact for
    23  enactment  by the compacting states. No amendment shall become effective
    24  and binding upon the interstate commission  and  the  compacting  states
    25  unless  and  until  it  is  enacted into law by unanimous consent of the
    26  compacting states.
 
    27                                 ARTICLE XI
    28          WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
    29    A. Withdrawal.
    30    1. Once effective, the compact shall  continue  in  force  and  remain
    31  binding upon each and every compacting state; provided that a compacting
    32  state  may withdraw from the compact by specifically repealing the stat-
    33  ute which enacted the compact into law.

    34    2. The effective date of withdrawal  is  the  effective  date  of  the
    35  repeal.
    36    3.  The  withdrawing state shall immediately notify the chairperson of
    37  the interstate commission in writing upon  the  introduction  of  legis-
    38  lation  repealing  this compact in the withdrawing state. The interstate
    39  commission shall notify the other compacting states of  the  withdrawing
    40  state's intent to withdraw within sixty days of its receipt thereof.
    41    4.  The  withdrawing  state  is responsible for all assessments, obli-
    42  gations and liabilities incurred through the  effective  date  of  with-
    43  drawal,  including  any  obligations,  the  performance  of which extend
    44  beyond the effective date of withdrawal.

    45    5. Reinstatement following withdrawal of any  compacting  state  shall
    46  occur  upon  the  withdrawing  state reenacting the compact or upon such
    47  later date as determined by the interstate commission.
    48    B. Technical assistance, fines, suspension, termination and default.
    49    1. If the interstate commission determines that any  compacting  state
    50  has  at  any time defaulted in the performance of any of its obligations
    51  or responsibilities under this compact, or the bylaws or duly promulgat-
    52  ed rules, the interstate commission may impose any or all of the follow-
    53  ing penalties:
        A. 55--A                           12
 
     1    a. Remedial training and  technical  assistance  as  directed  by  the

     2  interstate commission;
     3    b. Alternative dispute resolution;
     4    c.  Fines, fees, and costs in such amounts as are deemed to be reason-
     5  able as fixed by the interstate commission; and
     6    d. Suspension or termination of membership in the compact, which shall
     7  be imposed only after all other reasonable means of securing  compliance
     8  under  the  bylaws  and  rules  have  been  exhausted and the interstate
     9  commission has therefore determined  that  the  offending  state  is  in
    10  default. Immediate notice of suspension shall be given by the interstate
    11  commission  to  the  governor,  the  chief justice or the chief judicial
    12  officer of the state, the majority and minority leaders of the  default-

    13  ing state's legislature, and the state council.  The grounds for default
    14  include,  but  are  not  limited  to,  failure  of a compacting state to
    15  perform such obligations or responsibilities imposed  upon  it  by  this
    16  compact,  the  bylaws,  or  duly promulgated rules and any other grounds
    17  designated in commission bylaws and  rules.  The  interstate  commission
    18  shall  immediately notify the defaulting state in writing of the penalty
    19  imposed by the interstate commission and of the default pending  a  cure
    20  of  the  default.  The commission shall stipulate the conditions and the
    21  time period within which the defaulting state must cure its default.  If
    22  the  defaulting  state  fails to cure the default within the time period

    23  specified by the commission, the defaulting state  shall  be  terminated
    24  from  the compact upon an affirmative vote of a majority of the compact-
    25  ing states and all rights, privileges and  benefits  conferred  by  this
    26  compact shall be terminated from the effective date of termination.
    27    2.  Within  sixty  days  of  the  effective  date  of termination of a
    28  defaulting state, the commission shall notify the  governor,  the  chief
    29  justice  or chief judicial officer, the majority and minority leaders of
    30  the defaulting state's legislature, and the state council of such termi-
    31  nation.
    32    3. The defaulting state is  responsible  for  all  assessments,  obli-
    33  gations  and  liabilities  incurred through the effective date of termi-

    34  nation including any  obligations,  the  performance  of  which  extends
    35  beyond the effective date of termination.
    36    4.  The interstate commission shall not bear any costs relating to the
    37  defaulting state  unless  otherwise  mutually  agreed  upon  in  writing
    38  between the interstate commission and the defaulting state.
    39    5.   Reinstatement  following  termination  of  any  compacting  state
    40  requires both a reenactment of the compact by the defaulting  state  and
    41  the approval of the interstate commission pursuant to the rules.
    42    C. Judicial enforcement.
    43    The interstate commission may, by majority vote of the members, initi-
    44  ate legal action in the United States district court for the District of

    45  Columbia  or,  at  the  discretion  of the interstate commission, in the
    46  federal district where the interstate commission  has  its  offices,  to
    47  enforce  compliance with the provisions of the compact, its duly promul-
    48  gated rules and bylaws, against any compacting state in default. In  the
    49  event  judicial  enforcement  is necessary the prevailing party shall be
    50  awarded all costs of such  litigation  including  reasonable  attorney's
    51  fees.
    52    D. Dissolution of compact.
    53    1.  The compact dissolves effective upon the date of the withdrawal or
    54  default of any compacting state, which reduces membership in the compact
    55  to one compacting state.
        A. 55--A                           13
 

     1    2. Upon the dissolution of this compact, the compact becomes null  and
     2  void  and  shall  be of no further force or effect, and the business and
     3  affairs of the interstate commission shall be concluded and any  surplus
     4  funds shall be distributed in accordance with the bylaws.
 
     5                                 ARTICLE XII
     6                        SEVERABILITY AND CONSTRUCTION
     7    A.  The  provisions  of  this  compact  shall be severable, and if any
     8  phrase, clause, sentence  or  provision  is  deemed  unenforceable,  the
     9  remaining provisions of the compact shall be enforceable.
    10    B.  The  provisions  of  this  compact shall be liberally construed to
    11  effectuate its purposes.
 
    12                                ARTICLE XIII

    13                  BINDING EFFECT OF COMPACT AND OTHER LAWS
    14    A. Other laws.
    15    1. Nothing herein prevents the enforcement  of  any  other  law  of  a
    16  compacting state that is not inconsistent with this compact.
    17    2.  All  compacting  states'  laws  other than state constitutions and
    18  other interstate compacts conflicting with this compact  are  superseded
    19  to the extent of the conflict.
    20    B. Binding effect of the compact.
    21    1.  All  lawful  actions  of  the interstate commission, including all
    22  rules and bylaws promulgated by the interstate commission,  are  binding
    23  upon the compacting states.
    24    2. All agreements between the interstate commission and the compacting

    25  states are binding in accordance with their terms.
    26    3. Upon the request of a party to a conflict over meaning or interpre-
    27  tation of interstate commission actions, and upon a majority vote of the
    28  compacting states, the interstate commission may issue advisory opinions
    29  regarding such meaning or interpretation.
    30    4.  In  the  event any provision of this compact exceeds the constitu-
    31  tional limits imposed on the legislature of any  compacting  state,  the
    32  obligations,  duties,  powers  or jurisdiction sought to be conferred by
    33  such provision upon the interstate commission shall be  ineffective  and
    34  such  obligations,  duties,  powers  or jurisdiction shall remain in the
    35  compacting state and shall be exercised by the agency thereof  to  which

    36  such obligations, duties, powers or jurisdiction are delegated by law in
    37  effect at the time this compact becomes effective.
    38    §  3.  The  executive  law is amended by adding a new section 501-f to
    39  read as follows:
    40    § 501-f. Commissioner for the interstate compact for juveniles. Pursu-
    41  ant to subdivision B of article III of section  five  hundred  one-e  of
    42  this  article,  the  commissioner  shall be appointed by the governor in
    43  consultation with the state council established pursuant to  article  IX
    44  of  section  five  hundred  one-e and section five hundred one-g of this
    45  article.
    46    § 4. The executive law is amended by adding a  new  section  501-g  to
    47  read as follows:

    48    §  501-g. State council for interstate juvenile supervision. 1. Pursu-
    49  ant to article IX of section five hundred one-e of this  article,  there
    50  is  hereby  created  within the office of children and family services a
    51  state council for interstate juvenile  supervision.  The  council  shall
    52  consist  of  the compact administrator, who shall be the commissioner of
    53  the office of children and family services, and ten other members to  be
    54  appointed as follows:
        A. 55--A                           14
 
     1    (a)  one  legislative  representative  to be appointed by the governor
     2  upon recommendation of the speaker of the assembly;
     3    (b)  one  legislative  representative  to be appointed by the governor

     4  upon recommendation of the temporary president of the senate;
     5    (c) a judicial representative to be appointed  by  the  governor  upon
     6  recommendation of the chief judge of the court of appeals;
     7    (d)  the  commissioner of the division of criminal justice services or
     8  his or her designee;
     9    (e) the executive director of the council on children and families  or
    10  his or her designee;
    11    (f)  the director of the office of probation and correctional alterna-
    12  tives or his or her designee;
    13    (g) the director of the office of victim services or his or her desig-
    14  nee;
    15    (h) the commissioner of the New York  city  administration  for  chil-
    16  dren's services or his or her designee;

    17    (i)  a  member  of  the  New  York  juvenile justice advisory group as
    18  appointed by the governor; and
    19    (j) an attorney appointed upon the  recommendation  of  the  New  York
    20  state  bar  association who has represented juveniles in family court in
    21  this state for a total of at least five years.
    22    2. The council  shall  advise  and  exercise  oversight  and  advocacy
    23  concerning the state's participation in interstate commission activities
    24  and other duties as the council may determine, including but not limited
    25  to,  development  of  policy concerning the operations and procedures of
    26  the compact within the state. The  appointments  provided  for  in  this
    27  section  shall  be made within ninety days of the effective date of this

    28  section. Each appointed member of the council shall serve a term of five
    29  years. Any member chosen to fill a vacancy created other than by expira-
    30  tion of term shall be appointed for the unexpired  term  of  the  member
    31  whom  he  or  she is to succeed.   Vacancies caused by the expiration of
    32  term shall be filled in the same manner as original appointments and for
    33  a term of five years. The council members shall serve without salary but
    34  shall be entitled to receive reimbursement for travel and other  related
    35  expenses associated with participation in the work of the council.
    36    3. The state council for interstate juvenile supervision shall provide
    37  an  annual  report  on  or before the first day of January, two thousand

    38  twelve, and the first day of January each year thereafter, to the gover-
    39  nor, the speaker of the assembly, the temporary president of the senate,
    40  the minority leader in the assembly, the minority leader in  the  senate
    41  and  the  chief  judge  of the court of appeals on the operations of the
    42  council pertaining to juveniles subject to the  interstate  compact  for
    43  juveniles. Such report shall include an evaluation of the implementation
    44  and  operation  of  the  interstate  compact for juveniles and the rules
    45  adopted by the interstate commission;  a  description  of  the  policies
    46  adopted  by  the  state council under the compact; the data collected by
    47  the interstate commission and the council; the status of and  interstate

    48  movement  of  juveniles  subject to the compact, including the number of
    49  juveniles subject to the compact and  the  supervision  status  of  such
    50  juveniles,  and,  where  available,  statistical information on the age,
    51  ethnic and racial background, education, and institutional  or  criminal
    52  history  of  the  juveniles  subject  to  the  compact. The report shall
    53  further include the council's evaluation of the  efficiency  and  effec-
    54  tiveness  of  the interstate compact for juveniles and shall make recom-
    55  mendations  concerning  the  operations,  procedures  and  this  state's
    56  continued inclusion in the interstate compact for juveniles.
        A. 55--A                           15
 

     1    §  5.  The  executive  law is amended by adding a new section 501-h to
     2  read as follows:
     3    §  501-h.  Detention  and  appointment of an attorney for the child in
     4  proceedings involving youth governed by the interstate compact for juve-
     5  niles. 1. If a youth is detained under the interstate compact for  juve-
     6  niles  established  pursuant to section five hundred one-e of this arti-
     7  cle, he or she shall be brought  before  the  appropriate  court  within
     8  seventy-two  hours or the next day the court is in session, whichever is
     9  sooner, and shall be advised by the judge of his or her right to  remain
    10  silent,  his or her right to be represented by counsel of his or her own
    11  choosing, and of the right to have an attorney assigned in accord  with,

    12  as applicable, section two hundred forty-nine of the family court act or
    13  article  eighteen-B  of  the  county  law.  The youth shall be allowed a
    14  reasonable time to retain counsel, contact his or her parents  or  other
    15  person  or  persons  legally responsible for his or her care or an adult
    16  with whom the youth has a significant  connection,  and  the  judge  may
    17  adjourn  the  proceedings  for  such purposes.   Provided, however, that
    18  nothing in this section shall be deemed to require a  youth  to  contact
    19  his  or  her  parents or other person or persons legally responsible for
    20  his or her care.  Provided  further,  however,  that  counsel  shall  be
    21  assigned  immediately,  and  continue  to  represent the youth until any

    22  retained counsel appears. The court shall schedule  a  court  appearance
    23  for the youth no later than ten days after the initial court appearance,
    24  and  every  ten days thereafter, while the youth is detained pursuant to
    25  the interstate compact for  juveniles  unless  any  such  appearance  is
    26  waived by the attorney for the child.
    27    2. All youth subject to proceedings governed by the interstate compact
    28  for juveniles established pursuant to section five hundred one-e of this
    29  article  shall  be  appointed  an  attorney  pursuant to, as applicable,
    30  section two hundred forty-nine of the family court act or article  eigh-
    31  teen-B  of  the  county  law  if independent legal representation is not
    32  available to such youth.

    33    § 6. Subdivision (a) of section  249  of  the  family  court  act,  as
    34  amended  by  chapter  41  of  the  laws  of  2010, is amended to read as
    35  follows:
    36    (a) In a proceeding under article three, seven, ten or ten-A  of  this
    37  act  or  where  a  revocation  of  an  adoption consent is opposed under
    38  section one hundred fifteen-b of the domestic relations law  or  in  any
    39  proceeding  under  section  three  hundred  fifty-eight-a, three hundred
    40  eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
    41  of the social services law or when a minor is sought  to  be  placed  in
    42  protective  custody under section one hundred fifty-eight of this act or
    43  in any proceeding where a minor is detained under  or  governed  by  the
    44  interstate  compact  for  juveniles established pursuant to section five

    45  hundred one-e of the executive law, the family court  shall  appoint  an
    46  attorney  to  represent  a minor who is the subject of the proceeding or
    47  who is sought to be placed in protective custody, if  independent  legal
    48  representation  is  not  available  to  such minor. In any proceeding to
    49  extend or continue the placement of a juvenile delinquent or  person  in
    50  need of supervision pursuant to section seven hundred fifty-six or 353.3
    51  of  this act or any proceeding to extend or continue a commitment to the
    52  custody of the commissioner of mental  health  or  the  commissioner  of
    53  [mental retardation and] people with developmental disabilities pursuant
    54  to  section 322.2 of this act, the court shall not permit the respondent
    55  to waive the right to be represented by counsel chosen by  the  respond-

    56  ent,  respondent's  parent,  or other person legally responsible for the
        A. 55--A                           16
 
     1  respondent's care, or by assigned counsel. In any  other  proceeding  in
     2  which  the  court has jurisdiction, the court may appoint an attorney to
     3  represent the child, when, in the opinion of  the  family  court  judge,
     4  such  representation will serve the purposes of this act, if independent
     5  legal counsel is not available to the child. The family court on its own
     6  motion may make such appointment.
     7    § 7. Section 249-a of the family court act, as amended by  chapter  41
     8  of the laws of 2010, is amended to read as follows:
     9    §  249-a.  Waiver  of  counsel. A minor who is a subject of a juvenile
    10  delinquency or person in  need  of  supervision  proceeding  or  in  any

    11  proceeding where a minor is detained under or governed by the interstate
    12  compact for juveniles established pursuant to section five hundred one-e
    13  of  the  executive law shall be presumed to lack the requisite knowledge
    14  and maturity to waive the appointment of an attorney.  This  presumption
    15  may  be rebutted only after an attorney has been appointed and the court
    16  determines after a hearing at which the  attorney  appears  and  partic-
    17  ipates  and upon clear and convincing evidence that (a) the minor under-
    18  stands the nature of the charges, the  possible  dispositional  alterna-
    19  tives  and the possible defenses to the charges, (b) the minor possesses
    20  the maturity, knowledge and intelligence necessary to conduct his or her
    21  own defense, and (c) waiver is in the best interest of the minor.

    22    § 8. This act shall take effect on the thirtieth day  after  it  shall
    23  have become a law and shall expire September 1, 2013 when upon such date
    24  the  provisions of this act shall be deemed repealed; provided, however,
    25  that  notwithstanding  the  provisions  of  article  5  of  the  general
    26  construction  law, on September 1, 2013 the provisions of chapter 155 of
    27  the laws of 1955, as repealed by section one of  this  act,  are  hereby
    28  revived  and  shall continue in full force and effect as such provisions
    29  existed on June 1, 2010; provided, further, nothing herein shall disrupt
    30  services, supervision or return of  juveniles,  delinquents  and  status
    31  offenders  agreed to under the repealed 1955 interstate compact on juve-
    32  niles prior to such effective date, or preclude the state  of  New  York
    33  from entering into appropriate agreements with non-compact member states

    34  for  the  proper  supervision  or  return  of juveniles, delinquents and
    35  status offenders who are on probation or parole and who have  absconded,
    36  escaped  or  run  away from supervision and control and in so doing have
    37  endangered their own safety and the safety of others.