Okla. Stat. tit. 22, § 22-1093

The Governor is hereby authorized and directed to execute a

compact on behalf of this State with any other state or states

legally joining therein in the form, substantially as follows:

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

ARTICLE I. FINDINGS AND PURPOSES

A. The Compacting States to this Interstate Compact recognize:

1. That each state is responsible for the supervision of adult

offenders in the community who are authorized pursuant to the Bylaws

and Rules of this compact to travel across state lines both to and

from each compacting state in such manner as to track the location

of offenders, transfer supervision authority in an orderly and

efficient manner, and when necessary return offenders to the

originating jurisdictions; and

2. 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.

B. The purposes of this compact and the Interstate Commission

created hereunder, through means of joint and cooperative action

among the Compacting States, are to:

1. Provide the framework for the promotion of public safety and

protect the rights of victims through the control and regulation of

the interstate movement of offenders in the community;

2. Provide for the effective tracking, supervision, and

rehabilitation of these offenders by the sending and receiving

states; and

3. Equitably distribute the costs, benefits, and obligations of

the compact among the Compacting States.

C. This compact will:

1. Create an interstate commission which will establish uniform

procedures to manage the movement between states of adults placed

under community supervision and released to the community under the

jurisdiction of courts, paroling authorities, corrections or other

criminal justice agencies which will promulgate rules to achieve the

purpose of this compact;

2. Ensure an opportunity for input and timely notice to victims

and to jurisdictions where defined offenders are authorized to

travel or to relocate across state lines;

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3. Establish a system of uniform data collection, access to

information on active cases by authorized criminal justice

officials, and regular reporting of compact activities to heads of

state councils, state executive, judicial, and legislative branches

and criminal justice administrators;

4. Monitor compliance with rules governing interstate movement

of offenders and initiate interventions to address and correct non-

compliance; and

5. Coordinate training and education regarding regulations of

interstate movement of offenders for officials involved in such

activity.

D. The compacting states recognize that there is no “right” of

any offender to live in another state and that duly accredited

officers of a sending state may at all times enter a receiving state

and there apprehend and retake any offender under supervision

subject to the provisions of this compact and Bylaws and Rules

promulgated hereunder.

E. 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 are therefore public business.

ARTICLE II. DEFINITIONS

As used in this compact, unless the context clearly requires a

different construction:

1. “Adult” means individuals legally classified as adults and

juveniles treated as adults by court order, statute, or operation of

law;

2. “Bylaws” means the bylaws established by the Interstate

Commission for its governance, or for directing or controlling the

Interstate Commission’s actions or conduct;

3. “Compact Administrator” means the individual in each

compacting state appointed pursuant to the terms of this compact

responsible for the administration and management of the state’s

supervision and transfer of offenders subject to the terms of this
established by the Interstate

Commission for its governance, or for directing or controlling the

Interstate Commission’s actions or conduct;

3. “Compact Administrator” means the individual in each

compacting state appointed pursuant to the terms of this compact

responsible for the administration and management of the state’s

supervision and transfer of offenders subject to the terms of this

compact, the rules adopted by the Interstate Commission and policies

adopted by the State Council under this compact;

4. “Compacting state” means any state which has enacted the

enabling legislation for this compact;

5. “Commissioner” means the voting representative of each

compacting state appointed pursuant to Article III of this compact;

6. “Interstate Commission” means the Interstate Commission for

Adult Offender Supervision established by this compact;

7. “Member” means the commissioner of a compacting state or

designee who shall be a person officially connected with the

commissioner;

8. “Noncompacting state” means any state which has not enacted

the enabling legislation for this compact;

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9. “Offender” means an adult placed under, or subject to,

supervision as the result of the commission of a criminal offense

and released to the community under the jurisdiction of courts,

paroling authorities, corrections, or other criminal justice

agencies;

10. “Person” means any individual, corporation, business

enterprise, or other legal entity, public or private;

11. “Rules” means acts of the Interstate Commission, duly

promulgated pursuant to Article VIII of this compact, substantially

affecting interested parties in addition to the Interstate

Commission, which shall have the force and effect of law in the

Compacting States;

12. “State” means a state of the United States, the District of

Columbia, and any other territorial possessions of the United

States; and

13. “State Council” means the resident members of the State

Council for Interstate Adult Offender Supervision created by each

state under Article III of this compact.

ARTICLE III. THE COMPACT COMMISSION

A. The Compacting States hereby create the Interstate

Commission for Adult Offender Supervision.

B. The Interstate Commission shall be a body corporate and

joint agency of the Compacting States. The Interstate Commission

shall have all the responsibilities, powers and duties set forth

herein, including the power to sue and be sued, 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.

C. The Interstate Commission shall consist of Commissioners

selected and appointed by resident members of a State Council for

Interstate Adult Offender Supervision for each state. 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 non-commissioner members must include a member of national

organizations of governors, legislators, state chief justices,

attorneys general, and crime victims. All non-commissioner 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 as it deems

necessary.

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. The Interstate Commission shall meet at

least once each calendar year. The chairperson may call additional

Oklahoma Statutes - Title 22. Criminal Procedure Page 390
g 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. The Interstate Commission shall meet at

least once each calendar year. The chairperson may call additional

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meetings and, upon the request of twenty-seven or more Compacting

States, shall call additional meetings. Public notice shall be

given of all meetings and meetings shall be open to the public.

E. The Interstate Commission shall establish an Executive

Committee which shall include commission officers, members, and

others as shall be determined by the bylaws. The Executive

Committee shall have the power to act on behalf of the Interstate

Commission during periods when the Interstate Commission is not in

session, with the exception of rulemaking and/or amendment to the

Compact. The Executive Committee oversees the day-to-day activities

managed by the Executive Director and Interstate Commission staff,

administers enforcement and compliance with the provisions of the

compact, its bylaws and as directed by the Interstate Commission and

performs other duties as directed by the Interstate Commission or

set forth in the bylaws.

ARTICLE IV: THE STATE COUNCIL

Each member state shall create a State Council for Interstate

Adult Offender Supervision which shall be responsible for the

appointment of the commissioner who shall serve on the Interstate

Commission from that state. Each state council shall appoint as its

commissioner the Compact Administrator from that state to serve on

the National Interstate Commission in such capacity under or

pursuant to applicable law of the member state. While each member

state may determine the membership of its own state council, its

membership must include at least one representative from the

legislative, judicial, and executive branches of government, victims

groups and compact administrators. Each compacting state retains

the right to determine the qualifications of the Compact

Administrator who shall be appointed by the state council or by the

Governor in consultation with the Legislature and the Judiciary. In

addition to appointment of its commissioner to the National

Interstate Commission, each state council shall exercise oversight

and advocacy concerning its participation in Interstate Commission

activities and other duties as may be determined by each member

state, including, but not limited to, development of policy

concerning operations and procedures of the compact within that

state.

ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

1. To adopt a seal and suitable bylaws governing the management

and operation of the Interstate Commission;

2. To promulgate rules 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 offenders subject to the terms of this compact and any

bylaws adopted and rules promulgated by the compact commission;

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4. To enforce compliance with compact provisions, Interstate

Commission rules, and bylaws, using all necessary and proper means,

including, but not limited to, the use of judicial process;

5. To establish and maintain offices;

6. To purchase and maintain insurance and bonds;

7. To borrow, accept, or contract for services of personnel,

including, but not limited to, members and their staffs;

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
establish and maintain offices;

6. To purchase and maintain insurance and bonds;

7. To borrow, accept, or contract for services of personnel,

including, but not limited to, members and their staffs;

8. To establish and appoint committees and hire staff which it

deems necessary for the carrying out of its functions, including,

but not limited to, an executive committee as required by Article

III which shall have the power to act on behalf of the Interstate

Commission in carrying out its powers and duties hereunder;

9. To elect or appoint officers, attorneys, employees, agents,

or consultants; to fix their compensation, define their duties, and

determine their qualifications; and to establish the Interstate

Commission’s personnel policies and programs relating to, among

other things, 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, real,

personal, or mixed;

12. To sell, convey, mortgage, pledge, lease, exchange, abandon

or otherwise dispose of any property, real, personal, or mixed;

13. To establish a budget, make expenditures, and levy dues as

provided in Article X of this compact;

14. To sue and be sued;

15. To provide for dispute resolution among Compacting States;

16. To perform such functions as may be necessary or

appropriate to achieve the purposes of this compact;

17. To report annually to the legislatures, governors,

judiciary, and state councils of the Compacting States concerning

the activities of the Interstate Commission during the preceding

year. Such reports shall 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 offenders for officials

involved in such activity; and

19. To establish uniform standards for the reporting,

collecting, and exchanging of data.

ARTICLE VI.

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall, by a majority of the

Members, within twelve (12) months of the first Interstate

Commission meeting, adopt bylaws to govern its conduct as may be

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necessary or appropriate to carry out the purposes of the Compact,

including, but not limited to:

1. Establishing the fiscal year of the Interstate Commission;

2. Establishing an executive committee and such other

committees as may be necessary;

3. Providing reasonable standards and procedures for the

establishment of committees and the general or specific delegation

of any authority or function of the Interstate Commission;

4. Providing reasonable procedures for calling and conducting

meetings of the Interstate Commission, and ensuring reasonable

notice of each such meeting;

5. Establishing the titles and responsibilities of the officers

of the Interstate Commission;

6. Providing reasonable standards and procedures for the

establishment of the personnel policies and programs of the

Interstate Commission; provided that notwithstanding any civil

service or other similar laws of any compacting state, the Bylaws

shall exclusively govern the personnel policies and programs of the

Interstate Commission;

7. Providing a mechanism for winding up the operations of the

Interstate Commission and the equitable return of any surplus funds

that may exist upon the termination of the Compact after the payment

and/or reserving of all of its debts and obligations;

8. Providing transition rules for start-up administration of

the compact; and

9. Establishing standards and procedures for compliance and

technical assistance in carrying out the compact.
rations of the

Interstate Commission and the equitable return of any surplus funds

that may exist upon the termination of the Compact after the payment

and/or reserving of all of its debts and obligations;

8. Providing transition rules for start-up administration of

the compact; and

9. Establishing standards and procedures for compliance and

technical assistance in carrying out the compact.

B. 1. The Interstate Commission shall, by a majority of the

Members, elect from among its Members a chairperson and a vice-

chairperson, each of whom shall have such authorities and duties as

may be specified in the bylaws. The chairperson or, in the

chairperson’s absence or disability, the vice-chairperson shall

preside at all meetings of the Interstate Commission. The Officers

so selected shall serve without compensation or remuneration from

the Interstate Commission; provided that, subject to the

availability of budgeted funds, the officers shall be reimbursed for

any actual and necessary costs and expenses incurred by them in the

performance of their duties and responsibilities as officers of the

Interstate Commission.

2. The Interstate Commission shall, through its executive

committee, appoint or retain an executive director for such period,

upon such terms and conditions and for such compensation as the

Interstate Commission may deem appropriate. The executive director

shall serve as secretary to the Interstate Commission, and hire and

supervise such other staff as may be authorized by the Interstate

Commission, but shall not be a member.

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C. The Interstate Commission shall maintain its corporate books

and records in accordance with the bylaws.

D. 1. The Members, officers, executive director, and employees

of the Interstate Commission shall be immune from suit and

liability, either personally or in their official capacity, for any

claim for damage to or loss of property or personal injury or other

civil liability caused by or arising out of any actual or alleged

act, error, or omission that occurred within the scope of Interstate

Commission employment, duties or responsibilities; provided, that

nothing in this paragraph shall be construed to protect any such

person from suit and/or liability for any damage, loss, injury, or

liability caused by the intentional or willful and wanton misconduct

of any such person.

2. The Interstate Commission shall defend the commissioner of a

compacting state, or the commissioner’s representatives or

employees, or the Interstate Commission’s representatives or

employees in any civil action seeking to impose liability, arising

out of any actual or alleged act, error, or omission that occurred

within the scope of Interstate Commission employment, duties, or

responsibilities or that the defendant had a reasonable basis for

believing occurred within the scope of Interstate Commission

employment, duties, or responsibilities. Provided, that the actual

or alleged act, error, or omission did not result from intentional

wrongdoing on the part of such person.

3. The Interstate Commission shall indemnify and hold the

commissioner of a Compacting State, the appointed designees or

employees, or the Interstate Commission’s representatives or

employees, harmless in the amount of any settlement or judgment

obtained against such persons arising out of any actual or alleged

act, error, or omission that occurred within the scope of Interstate

Commission employment, duties, or responsibilities, or that such

person had reasonable basis for believing occurred within the scope

of Interstate Commission employment, duties, or responsibilities;

provided, that the actual or alleged act, error, or omission did not

result from gross negligence or intentional wrongdoing on the part

of such person.

ARTICLE VII.

ACTIVITIES OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall meet and take such actions
had reasonable basis for believing occurred within the scope

of Interstate Commission employment, duties, or responsibilities;

provided, that the actual or alleged act, error, or omission did not

result from gross negligence or intentional wrongdoing on the part

of such person.

ARTICLE VII.

ACTIVITIES OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall meet and take such actions

as are consistent with the provisions of this Compact.

B. Except as otherwise provided in this compact and unless a

greater percentage is required by the bylaws, in order to constitute

an act of the Interstate Commission, each act shall have been taken

at a meeting of the Interstate Commission and shall have received an

affirmative vote of a majority of the members present.

C. Each member of the Interstate Commission shall have the

right and power to cast a vote to which that Compacting State is

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entitled and to participate in the business and affairs of the

Interstate Commission. A Member shall vote in person on behalf of

the state and shall not delegate a vote to another member state.

However, a State Council shall appoint another authorized

representative, in the absence of the commissioner from that state,

to cast a vote on behalf of the member state at a specified meeting.

The bylaws may provide for Members’ participation in meetings by

telephone or other means of telecommunication or electronic

communication. Any voting conducted by telephone or other means of

telecommunication or electronic communication shall be subject to

the same quorum requirements of meetings where members are present

in person.

D. The Interstate Commission shall meet at least once during

each calendar year. The chair of the Interstate Commission may call

additional meetings at any time and, upon the request of a majority

of the members, shall call additional meetings.

E. 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. In promulgating such rules, the Interstate

Commission may make available to law enforcement agencies records

and information otherwise exempt from disclosure and may enter into

agreements with law enforcement agencies to receive or exchange

information or records subject to nondisclosure and confidentiality

provisions.

F. 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 shall promulgate rules consistent with the principles

contained in the Government in Sunshine Act, Section 552(b), of

Title 5 of the United States Code. The Interstate Commission and

any of its committees may close a meeting to the public where it

determines by a 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;

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6. Disclose investigatory 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
5. Disclose information of a personal nature where disclosure

would constitute a clearly unwarranted invasion of personal privacy;

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6. Disclose investigatory 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

entity for the purpose of regulation or supervision of such entity;

8. Disclose information, the premature disclosure of which

would significantly endanger the life of a person or the stability

of a regulated entity;

9. Relate specifically to the Interstate Commission’s issuance

of a subpoena or its participation in a civil action or proceeding.

G. For every meeting closed pursuant to this provision, the

Interstate Commission’s chief legal officer shall publicly certify

that, in the officer’s opinion, the meeting may be closed to the

public and shall reference each relevant exemptive provision.

H. 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 therefor, 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.

I. The Interstate Commission shall collect standardized data

concerning the interstate movement of offenders as directed through

its Bylaws and Rules which shall specify the data to be collected,

the means of collection, and data exchange and reporting

requirements.

ARTICLE VIII.

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall promulgate rules in order to

effectively and efficiently achieve the purposes of the compact

including transition rules governing administration of the compact

during the period in which it is being considered and enacted by the

states.

B. Rulemaking shall occur pursuant to the criteria set forth in

this Article and the Bylaws and Rules adopted pursuant thereto.

Such rulemaking shall substantially conform to the principles of the

federal Administrative Procedure Act, Section 551, et seq. of Title

5 of the United States Code, and the Federal Advisory Committee Act,

App. 2, Section 1, et seq. of Title 5 of the United State Code, as

may be amended (APA). All Rules and amendments shall become binding

as of the date specified in each Rule or amendment.

C. If a majority of the legislatures of the Compacting States

rejects a Rule by enactment of a statute or resolution in the same

manner used to adopt the compact, then such Rule shall have no

further force and effect in any Compacting State.

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D. When promulgating a rule, the Interstate Commission shall:

1. Publish the proposed rule stating with particularity the

text of the rule which is proposed and the reason for the proposed

rule;

2. Allow persons to submit written data, facts, opinions, and

arguments which information shall be publicly available;

3. Provide an opportunity for an informal hearing; and

4. Promulgate a final rule and its effective date, if

appropriate, based on the rulemaking record.

E. Not later than sixty (60) days after a Rule is promulgated,

any interested person may file a petition in the United States

District Court for the District of Columbia or in the Federal

District Court where the Interstate Commission’s principal office is

located for judicial review of such Rule. If the court finds that

the Interstate Commission’s action is not supported by substantial

evidence (as defined in the APA) in the rulemaking record, the court

shall hold the Rule unlawful and set it aside.
United States

District Court for the District of Columbia or in the Federal

District Court where the Interstate Commission’s principal office is

located for judicial review of such Rule. If the court finds that

the Interstate Commission’s action is not supported by substantial

evidence (as defined in the APA) in the rulemaking record, the court

shall hold the Rule unlawful and set it aside.

F. Subjects to be addressed in rules within twelve (12) months

after the first meeting must at a minimum include:

1. Notice to victims and opportunity to be heard;

2. Offender registration and compliance;

3. Violations/returns;

4. Transfer procedures and forms;

5. Eligibility for transfer;

6. Collection of restitution and fees from offenders;

7. Data collection and reporting;

8. Level of supervision to be provided by the receiving state;

9. Transition rules governing the operation of the compact and

the Interstate Commission during all or part of the period between

the effective date of the compact and the date on which the last

eligible state adopts the compact;

10. Mediation, arbitration, and dispute resolution.

G. The existing rules governing the operation of the previous

compact superceded by this act shall be null and void twelve (12)

months after the first meeting of the Interstate Commission created

hereunder.

H. Upon determination by the Interstate Commission that an

emergency exists, it may promulgate an emergency rule which shall

become effective immediately upon adoption; provided, that the usual

rulemaking procedures shall be retroactively applied to said rule as

soon as reasonably possible, in no event later than ninety (90) days

after the effective date of the rule.

ARTICLE IX.

OVERSIGHT, ENFORCEMENT, AND

DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

A. 1. The Interstate Commission shall oversee the interstate

movement of adult offenders in the Compacting States and shall

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monitor such activities being administered in Non-Compacting States

which may significantly affect Compacting States.

2. The courts and executive agencies in each Compacting State

shall enforce this Compact and shall take all actions necessary and

appropriate to effectuate the Compact’s purposes and intent. In any

judicial or administrative proceeding in a Compacting State

pertaining to the subject matter of this Compact which may affect

the powers, responsibilities or actions of the Interstate

Commission, the Interstate Commission shall be entitled to receive

all service of process in any such proceeding and shall have

standing to intervene in the proceeding for all purposes.

B. 1. The Compacting States shall report to the Interstate

Commission on issues or activities of concern to them and cooperate

with and support the Interstate Commission in the discharge of its

duties and responsibilities.

2. The Interstate Commission shall attempt to resolve any

disputes or other issues which are subject to the Compact and which

may arise among Compacting States and Non-Compacting States.

3. The Interstate Commission shall enact a Bylaw or promulgate

a Rule providing for both mediation and binding dispute resolution

for disputes among Compacting States.

C. The Interstate Commission, in the reasonable exercise of its

discretion, shall enforce the provisions of this Compact using any

or all means set forth in Article XII, Section B, of this Compact.

ARTICLE X. FINANCE

A. The Interstate Commission shall pay or provide for the

payment of the reasonable expenses of its establishment,

organization, and ongoing activities.

B. The Interstate Commission shall levy on and collect an

annual assessment from each Compacting State to cover the cost of

the internal operations and activities of the Interstate Commission

and its staff which must be in a total amount sufficient to cover

the Interstate Commission’s annual budget as approved each year.
le expenses of its establishment,

organization, and ongoing activities.

B. The Interstate Commission shall levy on and collect an

annual assessment from each Compacting State to cover the cost of

the internal operations and activities of the Interstate Commission

and its staff which must be in a total amount sufficient to cover

the Interstate Commission’s annual budget as approved each year.

The aggregate annual assessment amount shall be allocated based upon

a formula to be determined by the Interstate Commission, taking into

consideration the population of the state and the volume of

interstate movement of offenders in each compacting state and shall

promulgate a rule binding upon all Compacting States which governs

said assessment.

C. The Interstate Commission shall not incur any obligations of

any kind prior to securing the funds adequate to meet the same. Nor

shall the Interstate Commission pledge the credit of any of the

Compacting States except by and with the authority of the compacting

state.

D. The Interstate Commission shall keep accurate accounts of

all receipts and disbursements. The receipts and disbursements of

the Interstate Commission shall be subject to the audit and

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accounting procedures established under its bylaws. However, all

receipts and disbursements of funds handled by the Interstate

Commission shall be audited yearly by a certified or licensed public

accountant and the report of the audit shall be included in and

become part of the annual report of the Interstate Commission.

ARTICLE XI.

COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

A. Any state, as defined in Article II of this Compact, is

eligible to become a Compacting State. The Compact shall become

effective and binding upon legislative enactment of the Compact into

law by no fewer than thirty-five of the States. The initial

effective date shall be the later of July 1, 2001, or upon enactment

into law by the thirty-fifth jurisdiction. Thereafter, it shall

become effective and binding as to any other Compacting State upon

enactment of the Compact into law by that State. The governors of

Nonmember states or their designees will be invited to participate

in Interstate Commission activities on a nonvoting basis prior to

adoption of the compact by all states and territories of the United

States.

B. Amendments to the Compact may be proposed by the Interstate

Commission for enactment by the Compacting States. No amendment

shall become effective and binding upon the Interstate Commission

and the Compacting States unless and until it is enacted into law by

unanimous consent of the Compacting States.

ARTICLE XII.

WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

A. 1. Once effective, the Compact shall continue in force and

remain binding upon each Compacting State; provided that a

Compacting State may withdraw from the compact (“Withdrawing State”)

by enacting a statute specifically repealing the statute which

enacted the Compact into law. The effective date of withdrawal is

the effective date of the repeal.

2. The Withdrawing State shall immediately notify the

Chairperson of the Interstate Commission in writing upon the

introduction of legislation repealing this Compact in the

Withdrawing State. The Interstate Commission shall notify the other

Compacting States of the Withdrawing State’s intent to withdraw

within sixty (60) days of its receipt of the notice.

3. The Withdrawing State is responsible for all assessments,

obligations, and liabilities incurred through the effective date of

withdrawal, including any obligations, the performance of which

extend beyond the effective date of withdrawal.

4. Reinstatement following withdrawal of any Compacting State

shall occur upon the reenactment of the Compact by the Withdrawing

State or upon such later date as determined by the Interstate

Commission.
sessments,

obligations, and liabilities incurred through the effective date of

withdrawal, including any obligations, the performance of which

extend beyond the effective date of withdrawal.

4. Reinstatement following withdrawal of any Compacting State

shall occur upon the reenactment of the Compact by the Withdrawing

State or upon such later date as determined by the Interstate

Commission.

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B. If the Interstate Commission determines that any Compacting

State has at any time defaulted (“Defaulting State”) in the

performance of any of its obligations or responsibilities under this

Compact, the Bylaws or any duly promulgated Rules, the Interstate

Commission may impose any or all of the following penalties:

a. fines, fees, and costs in such amounts as are deemed

to be reasonable as fixed by the Interstate

Commission,

b. remedial training and technical assistance as directed

by the Interstate Commission,

c. suspension and termination of membership in the

compact. Suspension shall be imposed only after all

other reasonable means of securing compliance under

the Bylaws and Rules have been exhausted. Immediate

notice of suspension shall be given by the Interstate

Commission to the Governor, the Chief Justice or Chief

Judicial Officer of the state, the majority and

minority leaders of the defaulting state’s

legislature, and the State Council.

C. 1. The grounds for default include, but are not limited to,

failure of a Compacting State to perform such obligations or

responsibilities imposed upon it by this Compact, Interstate

Commission Bylaws, or duly promulgated Rules. The Interstate

Commission shall immediately notify the Defaulting State in writing

of the penalty imposed by the Interstate Commission on the

Defaulting State pending a cure of the default. The Interstate

Commission shall stipulate the conditions and the time period within

which the Defaulting State must cure its default. If the Defaulting

State fails to cure the default within the time period specified by

the Interstate Commission, in addition to any other penalties

imposed herein, the Defaulting State may be terminated from the

Compact upon an affirmative vote of a majority of the Compacting

States and all rights, privileges, and benefits conferred by this

Compact shall be terminated from the effective date of suspension.

2. Within sixty (60) days of the effective date of termination

of a Defaulting State, the Interstate Commission shall notify the

Governor, the Chief Justice or Chief Judicial Officer, and the

Majority and Minority Leaders of the Defaulting State’s Legislature

and the State Council of such termination.

3. The defaulting state is responsible for all assessments,

obligations, and liabilities incurred through the effective date of

termination including any obligations, the performance of which

extends beyond the effective date of termination.

4. The Interstate Commission shall not bear any costs relating

to the Defaulting State unless otherwise mutually agreed upon

between the Interstate Commission and the Defaulting State.

Reinstatement following termination of any compacting state requires

Oklahoma Statutes - Title 22. Criminal Procedure Page 400

both a reenactment of the Compact by the Defaulting State and the

approval of the Interstate Commission pursuant to the Rules.

D. The Interstate Commission may, by a majority vote of the

Members, initiate legal action in the United States District Court

for the District of Columbia or, at the discretion of the Interstate

Commission, in the Federal District where the Interstate Commission

has its offices to enforce compliance with the provisions of the

Compact, its duly promulgated Rules and Bylaws against any

Compacting State in default. In the event judicial enforcement is

necessary the prevailing party shall be awarded all costs of such

litigation including reasonable attorney fees.
etion of the Interstate

Commission, in the Federal District where the Interstate Commission

has its offices to enforce compliance with the provisions of the

Compact, its duly promulgated Rules and Bylaws against any

Compacting State in default. In the event judicial enforcement is

necessary the prevailing party shall be awarded all costs of such

litigation including reasonable attorney fees.

E. The Compact dissolves effective upon the date of the

withdrawal or default of a Compacting State which reduces membership

in the Compact to one Compacting State. Upon dissolution of this

Compact, the Compact becomes null and void and shall be of no

further force or effect, and the business and affairs of the

Interstate Commission shall be wound up, and any surplus funds shall

be distributed in accordance with the bylaws.

ARTICLE XIII.

SEVERABILITY AND CONSTRUCTION

A. The provisions of this Compact shall be severable. If any

phrase, clause, sentence or provision is deemed unenforceable, the

remaining provisions of the Compact shall be enforceable.

B. The provisions of this Compact shall be liberally construed

to effectuate its purposes.

ARTICLE XIV.

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Nothing in this Compact prevents the enforcement of any

other law of a Compacting State that is not inconsistent with this

Compact. All Compacting States’ laws conflicting with this Compact

are superseded to the extent of the conflict.

B. 1. All lawful actions of the Interstate Commission,

including all Rules and Bylaws promulgated by the Interstate

Commission, are binding upon the Compacting States.

2. All agreements between the Interstate Commission and the

Compacting States are binding in accordance with their terms.

3. Upon the request of a party to a conflict over meaning or

interpretation of Interstate Commission actions, and upon a majority

vote of the Compacting States, the Interstate Commission may issue

advisory opinions regarding such meaning or interpretation.

4. In the event any provision of this Compact exceeds the

constitutional limits imposed on the legislature of any Compacting

State, the obligations, duties, powers, or jurisdiction sought to be

conferred by such provision upon the Interstate Commission shall be

ineffective. Such obligations, duties, powers, or jurisdiction

shall remain in the Compacting State and shall be exercised by the

agency in the state to which such obligations, duties, powers, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 401

jurisdiction are delegated by law in effect at the time this compact

becomes effective.