34-A §9871. Short title–Article 1

§9871. Short title–Article 1 This subchapter may be known and cited as the “Interstate Compact for Adult Offender Supervision.”   [PL 2003, c. 495, §1 (NEW).] SECTION HISTORY PL 2003, c. 495, §1 (NEW).

34-A §9872. Definitions–Article 2

§9872. Definitions–Article 2 As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2003, c. 495, §1 (NEW).] 1.  Adult.  “Adult” means both an individual legally classified as an adult and a juvenile treated as an adult by court order, statute or operation of law.   […]

34-A §9873. Interstate Commission for Adult Offender Supervision–Article 3

§9873. Interstate Commission for Adult Offender Supervision–Article 3 1.  Commission created.  The compacting states hereby create the Interstate Commission for Adult Offender Supervision. The interstate commission is a body corporate and joint agency of the compacting states. The interstate commission has all the responsibilities, powers and duties set forth in this section, including the power […]

34-A §9874. State council–Article 4

§9874. State council–Article 4 Each member state shall create a State Council for Interstate Adult Offender Supervision that is responsible for the appointment of the commissioner who serves 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 interstate commission […]

34-A §9875. Powers of interstate commission–Article 5

§9875. Powers of interstate commission–Article 5 The interstate commission has the following powers:   [PL 2003, c. 495, §1 (NEW).] 1.  Adopt seal and bylaws.  To adopt a seal and suitable bylaws governing the management and operation of the interstate commission;   [PL 2003, c. 495, §1 (NEW).] 2.  Promulgate rules.  To promulgate rules that […]

34-A §9876. Organization and operation of interstate commission–Article 6

§9876. Organization and operation of interstate commission–Article 6 1.  Bylaws.  The interstate commission shall adopt bylaws, by a majority vote of the members, within 12 months of the first interstate commission meeting to govern its conduct as may be necessary or appropriate to carry out the purposes of this subchapter, including, but not limited to: […]

34-A §9877. Activities of interstate commission– Article 7

§9877. Activities of interstate commission– Article 7 1.  Commission actions.  The interstate commission shall meet and take such actions as are consistent with the provisions of this compact. 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, […]

34-A §9878. Rule-making functions of interstate commission–Article 8

§9878. Rule-making functions of interstate commission–Article 8 1.  Rules.  The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transitional rules governing administration of the compact during the period in which it is being considered and enacted by the state.   Rulemaking must occur pursuant to […]

34-A §9879. Oversight, enforcement and dispute resolution by interstate commission– Article 9

§9879. Oversight, enforcement and dispute resolution by interstate commission– Article 9 1.  Oversight.  The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor activities being administered in noncompacting states that may significantly affect compacting states.   The courts and executive agencies in each compacting state shall enforce […]

34-A §9880. Finance–Article 10

§9880. Finance–Article 10 1.  Expenses.  The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.   [PL 2003, c. 495, §1 (NEW).] 2.  Assessment.  The interstate commission shall levy and collect an annual assessment from each compacting state to cover the cost of the […]

34-A §9881. Compacting state; effective date; amendment–Article 11

§9881. Compacting state; effective date; amendment–Article 11 1.  Eligibility.  Any state, as defined in section 9872, is eligible to become a compacting state.   [PL 2003, c. 495, §1 (NEW).] 2.  Effective date.  The compact becomes effective and binding upon enactment of the compact into law by no fewer than 35 of the states. The […]

34-A §9882. Withdrawal, default, termination and judicial enforcement–Article 12

§9882. Withdrawal, default, termination and judicial enforcement–Article 12 1.  Withdrawal.  Once effective, the compact continues in force and remains binding upon each compacting state. A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact into law. The effective date of withdrawal is the effective date […]

34-A §9883. Severability and construction–Article 13

§9883. Severability and construction–Article 13 The provisions of this compact are severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact are enforceable. The provisions of this compact are liberally constructed to effectuate its purposes.   [PL 2003, c. 495, §1 (NEW).] SECTION HISTORY PL 2003, c. […]

34-A §9884. Binding effect of compact and other laws–Article 14

§9884. Binding effect of compact and other laws–Article 14 1.  Other laws.  This compact does not prevent 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.   [PL 2003, c. 495, […]

34-A §9885. Notification of law enforcement agencies

§9885. Notification of law enforcement agencies Prior to the department’s consideration of a request under this compact, the department shall notify the district attorney for the district in which the person will reside; the sheriff for the county in which the person will reside; the chief of police of any municipality in which the person […]

34-A §9886. Violation of interstate compact for adult offender supervision

§9886. Violation of interstate compact for adult offender supervision Violation of the requirements of an interstate compact for adult offender supervision as enacted by the sentencing state is a Class D crime as provided in Title 17-A, section 759.   [PL 2003, c. 706, Pt. B, §7 (NEW).] SECTION HISTORY PL 2003, c. 706, §B7 […]

34-A §9887-A. Application fee

§9887-A. Application fee The department may impose on a person applying for transfer of supervision to another state under this compact an application fee of $100. An application for transfer of supervision may not be denied solely because the person is not able to pay the fee. When a person fails to pay the application […]

34-A §9887-B. Biological sample for DNA analysis

§9887-B. Biological sample for DNA analysis A person accepted for supervision under this compact shall submit to having a DNA sample taken only if that person is convicted of a crime punishable by imprisonment for one year or more. The DNA sample may be taken at any time following commencement of the supervision period as […]

34-A §9887. Supervision fee

§9887. Supervision fee The department may impose on a person accepted for supervision under this compact a supervision fee of between $10 and $50 per month, as determined by the department, for the term of supervision by the department. In determining the amount of the fee, the department shall take into account the financial resources […]

34-A §9888. Administrative preliminary hearing

§9888. Administrative preliminary hearing Whenever it appears that a person accepted for supervision under this compact arrested for an alleged violation of a supervision condition is entitled under the compact to a determination of whether there is probable cause to believe the person has violated a condition of that person’s supervision, the determination must be […]