Texas Family Code - Section 60.010. Interstate Compact For Juveniles
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§ 60.010. INTERSTATE COMPACT FOR JUVENILES.
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize
that each state is responsible for the proper supervision or return
of juveniles, delinquents, and status offenders who are on
probation or parole and who have absconded, escaped, or run away
from supervision and control and in so doing have endangered their
own safety and the safety of others. The compacting states also
recognize that each state is responsible for the safe return of
juveniles who have run away from home and in doing so have left
their state of residence. The compacting states also recognize
that congress, by enacting the Crime Control Act, 4 U.S.C. Section
112 (1965), has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and
cooperative action among the compacting states to: (A) ensure that
the juveniles who are moved under this compact to another state for
probation or parole supervision and services are governed in the
receiving state by the same standards that apply to juveniles
receiving such supervision and services in the receiving state;
(B) ensure that the public safety interests of the citizens,
including the victims of juvenile offenders, in both the sending
and receiving states are adequately protected and balanced with the
juvenile's and the juvenile's family's best interests and welfare
when an interstate movement is under consideration; (C) return
juveniles who have run away, absconded, or escaped from supervision
or control or have been accused of an offense to the state
requesting their return through a fair and prompt judicial review
process that ensures that the requisition is in order and that the
transport is properly supervised; (D) make provisions for
contracts between member states for the cooperative
institutionalization in public facilities in member states for
delinquent youth needing special services; (E) provide for the
effective tracking of juveniles who move interstate under the
compact's provisions; (F) equitably allocate the costs, benefits,
and obligations of the compacting states; (G) establish procedures
to manage the movement between states of juvenile offenders
released to the community under the jurisdiction of courts,
juvenile departments, or any other criminal or juvenile justice
agency which has jurisdiction over juvenile offenders, ensuring
that a receiving state accepts supervision of a juvenile when the
juvenile's parent or other person having legal custody resides or
is undertaking residence there; (H) ensure immediate notice to
jurisdictions where defined offenders are authorized to travel or
to relocate across state lines; (I) establish a system of uniform
data collection on information pertaining to juveniles who move
interstate under this compact that prevents public disclosure of
identity and individual treatment information but allows access by
authorized juvenile justice and criminal justice officials and
regular reporting of compact activities to heads of state
executive, judicial, and legislative branches and juvenile and
criminal justice administrators; (J) monitor compliance with rules
governing interstate movement of juveniles and initiate
interventions to address and correct noncompliance; (K) coordinate
training and education regarding the regulation of interstate
movement of juveniles for officials involved in such activity; and
(L) coordinate the implementation and operation of the compact with
the Interstate Compact for the Placement of Children, the
Interstate Compact for Adult Offender Supervision and other
compacts affecting juveniles particularly in those cases where
concurrent or overlapping supervision issues arise. It is the
policy of the compacting states that the activities conducted by
the Interstate Commission created herein are the formation of
public policies and therefore are public business. Furthermore,
the compacting states shall cooperate and observe their individual
and collective duties and responsibilities for the prompt return
and acceptance of juveniles subject to the provisions of this
compact. The provisions of this compact shall be reasonably and
liberally construed to accomplish the purposes and policies of the
compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires
a different construction:
A. "Bylaws" means those bylaws established by the Interstate
Commission for its governance or for directing or controlling the
Interstate Commission's actions or conduct.
B. "Compact administrator" means the individual in each
compacting state appointed pursuant to the terms of this compact
responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of this
compact and to the rules adopted by the Interstate Commission under
this compact.
C. "Compacting state" means any state which has enacted the
enabling legislation for this compact.
D. "Commissioner" means the voting representative of each
compacting state appointed pursuant to Article III of this compact.
E. "Court" means any court having jurisdiction over
delinquent, neglected, or dependent children.
F. "Deputy compact administrator" means the individual, if
any, in each compacting state appointed to act on behalf of a
compact administrator pursuant to the terms of this compact,
responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of this
compact and to the rules adopted by the Interstate Commission under
this compact.
G. "Interstate Commission" means the Interstate Commission
for Juveniles created by Article III of this compact.
H. "Juvenile" means any person defined as a juvenile in any
member state or by the rules of the Interstate Commission,
including:
(1) Accused Delinquent--a person charged with an
offense that, if committed by an adult, would be a criminal offense;
(2) Adjudicated Delinquent--a person found to have
committed an offense that, if committed by an adult, would be a
criminal offense;
(3) Accused Status Offender--a person charged with an
offense that would not be a criminal offense if committed by an
adult;
(4) Adjudicated Status Offender--a person found to
have committed an offense that would not be a criminal offense if
committed by an adult; and
(5) Nonoffender--a person in need of supervision who
has not been accused or adjudicated a status offender or
delinquent.
I. "Noncompacting state" means any state which has not
enacted the enabling legislation for this compact.
J. "Probation or parole" means any kind of supervision or
conditional release of juveniles authorized under the laws of the
compacting states.
K. "Rule" means a written statement by the Interstate
Commission promulgated pursuant to Article VI of this compact that
is of general applicability, implements, interprets, or prescribes
a policy or provision of the compact, or an organizational,
procedural, or practice requirement of the Interstate Commission,
and has the force and effect of statutory law in a compacting state,
and includes the amendment, repeal, or suspension of an existing
rule.
L. "State" means a state of the United States, the District of
Columbia (or its designee), the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, and the Northern
Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the Interstate
Commission for Juveniles. The Interstate Commission shall be a
body corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and duties
set forth herein, and such additional powers as may be conferred
upon it by subsequent action of the respective legislatures of the
compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners
appointed by the appropriate appointing authority in each state
pursuant to the rules and requirements of each compacting state.
The commissioner shall be the compact administrator, deputy compact
administrator, or designee from that state who shall serve on the
Interstate Commission in such capacity under or pursuant to the
applicable law of the compacting state.
C. In addition to the commissioners who are the voting
representatives of each state, the Interstate Commission shall
include individuals who are not commissioners, but who are members
of interested organizations. Such noncommissioner members must
include a member of the national organizations of governors,
legislators, state chief justices, attorneys general, Interstate
Compact for Adult Offender Supervision, Interstate Compact for the
Placement of Children, juvenile justice and juvenile corrections
officials, and crime victims. All noncommissioner members of the
Interstate Commission shall be ex officio (nonvoting) members. The
Interstate Commission may provide in its bylaws for such additional
ex officio (nonvoting) members, including members of other national
organizations, in such numbers as shall be determined by the
commission.
D. Each compacting state represented at any meeting of the
Interstate Commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the
Interstate Commission.
E. The Interstate Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and,
upon the request of a simple majority of the compacting states,
shall call additional meetings. Public notice shall be given of all
meetings and meetings shall be open to the public.
F. The Interstate Commission shall establish an executive
committee, which shall include commission officers, members, and
others as determined by the bylaws. The executive committee shall
have the power to act on behalf of the Interstate Commission during
periods when the Interstate Commission is not in session, with the
exception of rulemaking or amendment to the compact. The executive
committee shall oversee the day-to-day activities of the
administration of the compact managed by an executive director and
Interstate Commission staff; administers enforcement and
compliance with the provisions of the compact, its bylaws and
rules, and performs such other duties as directed by the Interstate
Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the
right and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the
Interstate Commission. A member shall vote in person and shall not
delegate a vote to another compacting state. However, a
commissioner shall appoint another authorized representative, in
the absence of the commissioner from that state, to cast a vote on
behalf of the compacting state at a specified meeting. The bylaws
may provide for members' participation in meetings by telephone or
other means of telecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish
conditions and procedures under which the Interstate Commission
shall make its information and official records available to the
public for inspection or copying. The Interstate Commission may
exempt from disclosure any information or official records to the
extent they would adversely affect personal privacy rights or
proprietary interests.
I. Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth in the
rules or as otherwise provided in the compact. The Interstate
Commission and any of its committees may close a meeting to the
public when it determines by two-thirds vote that an open meeting
would be likely to:
1. Relate solely to the Interstate Commission's
internal personnel practices and procedures;
2. Disclose matters specifically exempted from
disclosure by statute;
3. Disclose trade secrets or commercial or financial
information which is privileged or confidential;
4. Involve accusing any person of a crime or formally
censuring any person;
5. Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
6. Disclose investigative records compiled for law
enforcement purposes;
7. Disclose information contained in or related to
examination, operating or condition reports prepared by, or on
behalf of or for the use of, the Interstate Commission with respect
to a regulated person or entity for the purpose of regulation or
supervision of such person or entity;
8. Disclose information, the premature disclosure of
which would significantly endanger the stability of a regulated
person or entity; or
9. Specifically relate to the Interstate Commission's
issuance of a subpoena, or its participation in a civil action or
other legal proceeding.
J. For every meeting closed pursuant to this provision, the
Interstate Commission's legal counsel shall publicly certify that,
in the legal counsel's opinion, the meeting may be closed to the
public, and shall reference each relevant exemptive provision. The
Interstate Commission shall keep minutes which shall fully and
clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken, and the
reasons therefore, including a description of each of the views
expressed on any item and the record of any roll call vote
(reflected in the vote of each member on the question). All
documents considered in connection with any action shall be
identified in such minutes.
K. The Interstate Commission shall collect standardized data
concerning the interstate movement of juveniles as directed through
its rules which shall specify the data to be collected, the means of
collection and data exchange, and reporting requirements. Such
methods of data collection, exchange, and reporting shall insofar
as is reasonably possible conform to up-to-date technology and
coordinate the Interstate Commission's information functions with
the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting
states.
2. To promulgate rules to effect the purposes and
obligations as enumerated in this compact, which shall have the
force and effect of statutory law and shall be binding in the
compacting states to the extent and in the manner provided in this
compact.
3. To oversee, supervise, and coordinate the interstate
movement of juveniles subject to the terms of this compact and any
bylaws adopted and rules promulgated by the Interstate Commission.
4. To enforce compliance with the compact provisions,
the rules promulgated by the Interstate Commission, and the bylaws,
using all necessary and proper means, including but not limited to
the use of judicial process.
5. To establish and maintain offices which shall be
located within one or more of the compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire, or contract for services of
personnel.
8. To establish and appoint committees and hire staff
which it deems necessary for the carrying out of its functions
including, but not limited to, an executive committee as required
by Article III of this compact, which shall have the power to act on
behalf of the Interstate Commission in carrying out its powers and
duties hereunder.
9. To elect or appoint officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties, and determine their qualifications, and to establish the
Interstate Commission's personnel policies and programs relating
to, inter alia, conflicts of interest, rates of compensation, and
qualifications of personnel.
10. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of same.
11. To lease, purchase, accept contributions or
donations of, or otherwise to own, hold, improve, or use any
property, whether real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, whether real,
personal, or mixed.
13. To establish a budget and make expenditures and levy
dues as provided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management
and operation of the Interstate Commission.
16. To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.
17. To report annually to the legislatures, governors,
and judiciary of the compacting states concerning the activities of
the Interstate Commission during the preceding year. Such reports
shall also include any recommendations that may have been adopted
by the Interstate Commission.
18. To coordinate education, training, and public
awareness regarding the interstate movement of juveniles for
officials involved in such activity.
19. To establish uniform standards of the reporting,
collecting, and exchanging of data.
20. The Interstate Commission shall maintain its
corporate books and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section: 59.011 59.012 59.013 59.014 59.015 60.009 60.010
Last modified: August 11, 2007
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