Illinois Compiled Statutes
Chapter 45 - INTERSTATE COMPACTS
45 ILCS 170/ - Interstate Compact for Adult Offender Supervision.

(45 ILCS 170/1)
Sec. 1.
Short title.
This Act may be cited as the Interstate Compact for Adult Offender Supervision.

(Source: P.A. 92-571, eff. 6-26-02.)

(45 ILCS 170/5)
Sec. 5.
Interstate Compact for Adult Offender Supervision.
The Governor
of this State is hereby authorized and directed to
enter into a compact on behalf of this State with any of the United States
legally joining therein in the form substantially as follows:

(a) The compacting states to this Interstate Compact recognize 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 a 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. 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.
(b) It is the purpose of this compact and the Interstate Commission created
hereunder, through means of joint and cooperative action among the compacting
states:
to 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; to provide for the effective tracking, supervision, and
rehabilitation of these
offenders by the sending and receiving states; and to equitably distribute the
costs,
benefits and obligations of the compact among the compacting states.
(c) In addition, this compact will: 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; 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; 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; monitor compliance
with rules
governing interstate movement of offenders and initiate interventions to
address and
correct non-compliance; and 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.
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.

As used in this compact, unless the context clearly requires a different
construction:
Interstate Adult Offender Supervision created by each state under Article III
of
this compact.

(a) The compacting states hereby create the "Interstate Commission for Adult
Offender Supervision." 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.
(b) 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.
(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 non-commissioner members must
include a member of the 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 by-laws for such additional, ex-officio,
non-voting
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 by-laws
of the Interstate Commission. The Interstate Commission shall meet at least
once each
calendar year. The chairperson may call additional meetings and, upon the
request of 27
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 By-laws. 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 by-laws and as directed by the Interstate Commission and performs
other
duties as directed by Commission or set forth in the By-laws.

(a) 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.
(b) Each state council shall appoint as its commissioner the Compact
Administrator from the state to serve on the 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.
(c) 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.

(a) The Interstate Commission shall have the following powers:
(a) By-laws.
The Interstate Commission shall, by a majority of the Members, within twelve
months of
the first Interstate Commission meeting, adopt By-laws to govern its conduct as
may be
necessary or appropriate to carry out the purposes of the Compact, including,
but not
limited to:
(b) Officers and Staff.
(c) Corporate Records of the Interstate Commission.
The Interstate Commission shall maintain its corporate books and records in
accordance
with the By-laws.
(d) Qualified Immunity, Defense and Indemnification.
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 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.
(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 By-laws, in order to constitute an act of the Interstate
Commission,
such 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 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 By-laws 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 chairperson 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 By-laws 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 non-
disclosure 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," 5 U.S.C. Section 552(b), as may be amended.
The
Interstate Commission and any of its committees may close a meeting to the
public where
it determines by two-thirds vote that an open meeting would be likely to:
(g) For every meeting closed pursuant to this provision, the Interstate
Commission's chief
legal officer shall publicly certify that, in his or her 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 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.
(h) The Interstate Commission shall collect standardized data concerning the
interstate
movement of offenders as directed through its By-laws and Rules which shall
specify the
data to be collected, the means of collection and data exchange and reporting
requirements.

(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
By-laws and Rules adopted pursuant thereto. Such rulemaking shall substantially
conform to the principles of the federal Administrative Procedure Act, 5
U.S.C.S. section
551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section
1 et seq.,
as may be amended (hereinafter "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.
(d) When promulgating a Rule, the Interstate Commission shall:
(e) Not later than sixty 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. Subjects to be
addressed
within 12 months after the first meeting must at a minimum include:
(f) The existing rules governing the operation of the previous compact
superseded
by this Act shall be null and void twelve (12) months after the first meeting
of the
Interstate Commission created hereunder.
(g) 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 provided hereunder
shall be
retroactively applied to said rule as soon as reasonably possible, in no event
later than 90
days after the effective date of the rule.

(a) Oversight.
(b) Dispute Resolution.
(c) Enforcement.
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.

(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. 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 accounting procedures established under its By-laws.
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.

(a) Any state, as defined in Article II of this compact, is eligible to
become a
Compacting State.
(b) The Compact shall become effective and binding upon legislative
enactment
of the Compact into law by no less than 35 of the States. The initial effective
date shall be
the later of July 1, 2001, or upon enactment into law by the 35th 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 Non-member states or their
designees will be invited to participate in Interstate Commission activities on
a non-
voting basis prior to adoption of the compact by all states and territories of
the United
States.
(c) 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.

(a) Withdrawal.
(b) Default.
(c) Judicial Enforcement.
The Interstate Commission may, by 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 By-laws, 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 attorneys fees.
(d) Dissolution of Compact.
(a) The provisions of this Compact shall be severable, and 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 constructed to
effectuate its
purposes.

(a) Other Laws.
(b) Binding Effect of the Compact.
(Source: P.A. 92-571, eff. 6-26-02.)

(45 ILCS 170/105)
Sec. 105.

(Amendatory provisions; text omitted.)

(Source: P.A. 92-571, eff. 6-26-02; text omitted.)

(45 ILCS 170/110)
Sec. 110. (Amendatory provisions; text omitted.)

(Source: P.A. 95-331, eff. 8-21-07; text omitted.)

(45 ILCS 170/115)
Sec. 115.

The Unified Code of Corrections is amended by repealing Section 3-3-11.

(Source: P.A. 95-331, eff. 8-21-07.)

(45 ILCS 170/999)
Sec. 999.
Effective date.
This Act takes effect upon the enactment
of the Interstate Compact for Adult Offender Supervision by 35 States, except
that this Section, Article IV of Section 5, and Section 3-3-11.05 of the
Unified Code of Corrections take effect upon becoming law.

(Source: P.A. 92-571, eff. 6-26-02.)