# N.D. Cent. Code § 12-66-01: 12-66-01. Compact for juveniles

> North Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ND_T12_C12-66_S12-66-01

## Section

- **Citation:** N.D. Cent. Code § 12-66-01
- **Heading:** 12-66-01. Compact for juveniles
- **Jurisdiction:** North Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ND Code / Title 12 / Chapter 12-66 / Section 12-66-01

## Text

12-66-01. Compact for juveniles

This interstate compact for juveniles is entered with all jurisdictions legally joining the

compact in the form substantially as follows:

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 the United States Congress, by enacting the Crime

Control Act [Pub. L. 89-554; 80 Stat. 608; 4 U.S.C. 112] 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:

1. Ensure that the adjudicated juveniles and status offenders subject to this compact are

provided adequate supervision and services in the receiving state as ordered by the

adjudicating judge or parole authority in the sending state;

2. 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;

3. 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;

4. Make contracts for the cooperative institutionalization in public facilities in member

states for delinquent youth needing special services;

5. Provide for the effective tracking and supervision of juveniles;

6. Equitably allocate the costs, benefits, and obligations of the compacting states;

7. 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 that has jurisdiction over juvenile

offenders;

8. Ensure immediate notice to jurisdictions where defined offenders are authorized to

travel or to relocate across state lines;

9. Establish procedures to resolve pending charges against juvenile offenders before

transfer or release to the community under the terms of this compact;

10. Establish a system of uniform data collection on information pertaining to juveniles

subject to this compact that 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;

11. Monitor compliance with rules governing interstate movement of juveniles and initiate

interventions to address and correct noncompliance;

12. Coordinate training and education regarding the regulation of interstate movement of

juveniles for officials involved in such activity; and

13. 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 are the formation of

public policies and therefore are public business, and 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 must be reasonably and liberally construed to
s conducted by the interstate commission are the formation of

public policies and therefore are public business, and 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 must 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 requires otherwise:

1. "Bylaws" means those bylaws established by the commission for its governance, or for

directing or controlling its actions or conduct.

2. "Commission" means the interstate commission for juveniles created by article 3 of this

compact.

3. "Commissioner" means the voting representative of each compacting state appointed

pursuant to article 3 of this compact.

4. "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, the rules adopted by the commission, and policies adopted by the state

council under this compact.

5. "Compacting state" means any state that has enacted the enabling legislation for this

compact.

6. "Court" means any court having jurisdiction over delinquent, neglected, or dependent

children.

7. "Deputy compact administrator" means the individual, if any, in each compacting state

appointed to act on behalf of a compact administrator.

8. "Juvenile" means any individual defined as a juvenile in any member state or by the

rules of the interstate commission, including:

a. An accused delinquent, who is an individual charged with an offense that, if

committed by an adult, would be a criminal offense;

b. An adjudicated delinquent, who is an individual found to have committed an

offense that, if committed by an adult, would be a criminal offense;

c. An accused status offender, who is an individual charged with an offense that

would not be a criminal offense if committed by an adult;

d. An adjudicated status offender, who is an individual found to have committed an

offense that would not be a criminal offense if committed by an adult; and

e. A nonoffender, who is an individual in need of supervision who has not been

accused or adjudicated a status offender or delinquent.

9. "Noncompacting state" means any state that has not enacted the enabling legislation

for this compact.

10. "Probation or parole" means any kind of supervision or conditional release of juveniles

authorized under the laws of the compacting states.

11. "State" means a state of the United States, the District of Columbia, or its designee,

the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American

Samoa, and the Northern Marianas Islands.

ARTICLE III - INTERSTATE COMMISSION FOR JUVENILES

1. The compacting states create the interstate commission for juveniles. The commission

is a body corporate and joint agency of the compacting states. The commission has all

the responsibilities, powers, and duties set forth in this compact, and any 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.

2. The commission consists of commissioners appointed by the appropriate appointing

authority in each state pursuant to the rules and requirements of each compacting

state and in consultation with the state council for interstate juvenile supervision. The

commissioner is the compact administrator, deputy compact administrator, or designee

from that state who serves on the commission in that capacity under or pursuant to the

applicable law of the compacting state.

3. In addition to the commissioners who are the voting representatives of each state, the
ing

state and in consultation with the state council for interstate juvenile supervision. The

commissioner is the compact administrator, deputy compact administrator, or designee

from that state who serves on the commission in that capacity under or pursuant to the

applicable law of the compacting state.

3. In addition to the commissioners who are the voting representatives of each state, the

commission must include individuals who are not commissioners, but who are

members of interested organizations. The noncommissioner members 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 commission are nonvoting

members. The commission may provide in its bylaws for other additional nonvoting

members, including members of other national organizations, in those numbers as

determined by the commission.

4. Each compacting state represented at any meeting of the commission is entitled to

one vote. A majority of the compacting states constitutes a quorum for the transaction

of business, unless a larger quorum is required by the bylaws of the commission.

5. The commission shall meet at least once each calendar year. The chairman may call

additional meetings and, upon the request of a simple majority of the compacting

states, shall call additional meetings. Public notice must be given of all meetings and

meetings must be open to the public.

6. The commission shall establish an executive committee that includes commission

officers, members, and others as determined by the bylaws. The executive committee

shall act on behalf of the commission during periods when the commission is not in

session, with the exception of rulemaking or amendment to the compact. The

executive committee oversees the day-to-day activities of the administration of the

compact managed by an executive director and commission staff; administers

enforcement and compliance with the provisions of the compact, its bylaws and rules,

and performs any other duties as directed by the commission or set forth in the

bylaws.

7. Each member of the commission is entitled 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 may not delegate a vote to another

compacting state. However, a commissioner, in consultation with the state council,

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.

8. The commission's bylaws must establish conditions and procedures under which the

commission makes its information and official records available to the public for

inspection or copying. The commission may exempt from disclosure any information or

official records to the extent the information or records would adversely affect personal

privacy rights or proprietary interests.

9. Public notice must be given of all meetings and all meetings are open to the public,

except as set forth in the rules or as otherwise provided in the compact. The

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:

a. Relate solely to the commission's internal personnel practices and procedures;

b. Disclose matters specifically exempted from disclosure by statute;

c. Disclose trade secrets or commercial or financial information that is privileged or

confidential;

d. Involve accusing any person of a crime or formally censuring any person;
rmines by two-thirds vote that an open meeting would be likely to:

a. Relate solely to the commission's internal personnel practices and procedures;

b. Disclose matters specifically exempted from disclosure by statute;

c. Disclose trade secrets or commercial or financial information that is privileged or

confidential;

d. Involve accusing any person of a crime or formally censuring any person;

e. Disclose information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

f. Disclose investigative records compiled for law enforcement purposes;

g. Disclose information contained in or related to examination, operating or condition

reports prepared by, or on behalf of or for the use of, the commission with respect

to a regulated person for the purpose of regulation or supervision of that person;

h. Disclose information, the premature disclosure of which would significantly

endanger the stability of a regulated person; or

i. Specifically relate to the commission's issuance of a subpoena or its participation

in a legal proceeding.

10. For every meeting closed pursuant to this provision, the 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 commission

shall keep minutes that 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. All documents considered in connection with any action

must be identified in the minutes.

11. The 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. The methods of

data collection, exchange, and reporting, insofar as is reasonably possible, must

conform to up-to-date technology and coordinate its information functions with the

appropriate repository of records.

ARTICLE IV - POWERS AND DUTIES OF THE COMMISSION

The commission has the following powers and duties:

1. To provide for dispute resolution among compacting states.

2. To adopt rules to effect the purposes and obligations as enumerated in this compact,

which have the force and effect of law and are 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 adopted by the

commission.

4. To enforce compliance with the compact provisions, the rules adopted by the

commission, and the bylaws, using all necessary and proper means, including the use

of judicial process.

5. To establish and maintain offices 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 it determines necessary for the

carrying out of its functions, including an executive committee as required by article 3,

which has the power to act on behalf of the commission in carrying out its powers and

duties under this compact.

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 commission's personnel policies and programs relating to conflicts of

interest, rates of compensation, and qualifications of personnel.

10. To accept, use, and dispose of donations and grants of money, equipment, supplies,

materials, and services.
ys, employees, agents, or consultants, and to fix

their compensation, define their duties, and determine their qualifications, and to

establish the commission's personnel policies and programs relating to conflicts of

interest, rates of compensation, and qualifications of personnel.

10. To accept, use, and dispose of donations and grants of money, equipment, supplies,

materials, and services.

11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve, or use any property.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of

any property.

13. To establish a budget and make expenditures and levy dues as provided in article 8 of

this compact.

14. To sue and be sued.

15. To adopt a seal and bylaws governing the management and operation of the

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, judiciary, and state councils of the

compacting states concerning the activities of the commission during the preceding

year. Reports must include any recommendations that may have been adopted by the

commission.

18. To coordinate education, training, and public awareness regarding the interstate

movement of juveniles for officials involved in that activity.

19. To establish uniform standards of the reporting, collecting, and exchanging of data.

20. To maintain its corporate books and records in accordance with the bylaws.

ARTICLE V - ORGANIZATION AND OPERATION OF THE COMMISSION

1. The commission, by a majority of the members present and voting, within twelve

months after the first commission meeting, shall adopt bylaws to govern its conduct as

may be necessary or appropriate to carry out the purposes of the compact, including:

a. Establishing the fiscal year of the commission;

b. Establishing an executive committee and any other committee as may be

necessary;

c. Providing for the establishment of committees governing any general or specific

delegation of any authority or function of the interstate commission;

d. Providing reasonable procedures for calling and conducting meetings of the

commission and ensuring reasonable notice of each meeting;

e. Establishing the titles and responsibilities of the officers of the commission;

f. Providing a mechanism for concluding the operations of the commission and the

return of any surplus funds that may exist upon the termination of the compact

after the payment or reserving of all of its debts and obligations;

g. Providing startup rules for initial administration of the compact; and

h. Establishing standards and procedures for compliance and technical assistance

in carrying out the compact.

2. The commission, by a majority of the members, shall elect annually from among its

members a chairman and a vice chairman, each of whom has the authority and duties

as may be specified in the bylaws. The chairman or, in the chairman's absence or

disability, the vice chairman shall preside at all meetings of the commission. The

officers so elected serve without compensation or remuneration from the commission,

provided that, subject to the availability of budgeted funds, the officers are reimbursed

for any ordinary and necessary costs and expenses incurred by them in the

performance of their duties and responsibilities as officers of the interstate

commission.

3. The commission, through its executive committee, shall appoint or retain an executive

director for a period, upon the terms and conditions, and for the compensation as the

commission determines appropriate. The executive director shall serve as secretary to

the commission, but may not be a member, and shall hire and supervise any other

staff as may be authorized by the commission.

4. a. The commission's executive director and employees are immune from suit and
ain an executive

director for a period, upon the terms and conditions, and for the compensation as the

commission determines appropriate. The executive director shall serve as secretary to

the commission, but may not be a member, and shall hire and supervise any other

staff as may be authorized by the commission.

4. a. The commission's executive director and employees are 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 or

relating to any actual or alleged act, error, or omission that occurred, or that the

person had a reasonable basis for believing occurred within the scope of

commission employment, duties, or responsibilities; provided, that the individual

is not protected from suit or liability for any damage, loss, injury, or liability caused

by the intentional or willful and wanton misconduct.

b. The liability of any commissioner, or the employee or agent of a commissioner,

acting within the scope of that individual's employment or duties for acts, errors,

or omissions occurring within that individual's state may not exceed the limits of

liability set forth under the constitution and laws of that state for state officials,

employees, and agents. This subdivision does not protect any individual from suit

or liability for any damage, loss, injury, or liability caused by the intentional or

willful and wanton misconduct of that individual.

c. The commission shall defend the executive director or the employees or

representatives of the commission and, subject to the approval of the attorney

general of the state represented by any commissioner of a compacting state,

shall defend the commissioner or the commissioner'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 commission

employment, duties, or responsibilities, or that the defendant had a reasonable

basis for believing occurred within the scope of commission employment, duties,

or responsibilities, provided that the actual or alleged act, error, or omission did

not result from intentional or willful and wanton misconduct on the part of that

individual.

d. The commission shall indemnify and hold the commissioner of a compacting

state, or the commissioner's representatives or employees, or the commission's

representatives or employees, harmless in the amount of any settlement or

judgment obtained against the individuals arising out of any actual or alleged act,

error, or omission that occurred within the scope of commission employment,

duties, or responsibilities, or that the individuals had a reasonable basis for

believing occurred within the scope of commission employment, duties, or

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

result from the intentional or willful and wanton misconduct on the part of the

individuals.

ARTICLE VI - RULEMAKING FUNCTIONS OF THE COMMISSION

1. The commission shall adopt and publish rules to effectively and efficiently achieve the

purposes of the compact.

2. Rulemaking must occur pursuant to the criteria set forth in this article and the bylaws

and rules adopted pursuant to this article. The rulemaking must substantially conform

to the principles of the Model State Administrative Procedures Act, 1981 Act, Uniform

Laws Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the

interstate commission deems appropriate consistent with due process requirements

under the Constitution of the United States. All rules and amendments become binding

as of the date specified, as published with the final version of the rule as approved by

the commission.

3. When adopting a rule, the commission shall:
ated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the

interstate commission deems appropriate consistent with due process requirements

under the Constitution of the United States. All rules and amendments become binding

as of the date specified, as published with the final version of the rule as approved by

the commission.

3. When adopting a rule, the commission shall:

a. Publish the proposed rule's entire text stating the reason for that proposed rule;

b. Allow and invite any person to submit written data, facts, opinions, and arguments

which must be added to the record, and be made publicly available;

c. Provide an opportunity for an informal hearing if petitioned by ten or more

persons; and

d. Adopt a final rule and its effective date, if appropriate, based on comment from

interested parties or state or local officials.

4. Not later than sixty days after a rule is adopted, 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 commission's principal office is located for judicial review of the

rule. If the court finds that the commission's action is not supported by substantial

evidence in the rulemaking record, the court shall hold the rule unlawful and set it

aside. For purposes of this subsection, evidence is substantial if it would be

considered substantial evidence under the Model State Administrative Procedures Act.

5. If a majority of the legislatures of the compacting states rejects a rule, those states, by

enactment of a statute or resolution in the same manner used to adopt the compact,

may cause that the rule has no further force and effect in any compacting state.

6. The existing rules governing the operation of the interstate compact on juveniles

superseded by this act are void twelve months after the first meeting of the

commission.

7. Upon determination by the commission that a state of emergency exists, the

commission may adopt an emergency rule that becomes effective immediately upon

adoption, provided that the usual rulemaking procedures provided in this article are

retroactively applied to the rule as soon as reasonably possible, but no later than

ninety days after the effective date of the emergency rule.

ARTICLE VII - OVERSIGHT, ENFORCEMENT,

AND DISPUTE RESOLUTION BY THE COMMISSION

1. The commission shall oversee the administration and operations of the interstate

movement of juveniles subject to this compact in the compacting states and shall

monitor those activities being administered in noncompacting 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. This compact and the rules adopted under this

compact must be received by all the judges, public officers, commissions, and

departments of the state government as evidence of the authorized statute and

administrative rules. All courts must take judicial notice of the compact and the rules.

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 commission is entitled to receive all service of

process in the proceeding, and has standing to intervene in the proceeding for all

purposes.

3. The compacting states shall report to the commission on all issues and activities

necessary for the administration of the compact as well as issues and activities

pertaining to compliance with the provisions of the compact and its bylaws and rules.

4. The commission shall attempt, upon the request of a compacting state, to resolve any

disputes or other issues that are subject to the compact and which may arise among
hall report to the commission on all issues and activities

necessary for the administration of the compact as well as issues and activities

pertaining to compliance with the provisions of the compact and its bylaws and rules.

4. The commission shall attempt, upon the request of a compacting state, to resolve any

disputes or other issues that are subject to the compact and which may arise among

compacting states and between compacting and noncompacting states. The

commission shall adopt a rule providing for both mediation and binding dispute

resolution for disputes among the compacting states.

5. The commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this compact using any or all means set forth in article 11 of this

compact.

ARTICLE VIII - FINANCE

1. The commission shall pay or provide for the payment of the reasonable expenses of

its establishment, organization, and ongoing activities.

2. The 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

commission and the commission's staff, which must be in a total amount sufficient to

cover the commission's annual budget as approved each year. The aggregate annual

assessment amount must be allocated based upon a formula to be determined by the

commission, taking into consideration the population of each compacting state and the

volume of interstate movement of juveniles in each compacting state and shall adopt a

rule binding upon all compacting states which governs the assessment.

3. The commission may not incur any obligations of any kind before securing the funds

adequate to meet the obligations, nor may the commission pledge the credit of any of

the compacting states, except by and with the authority of the compacting state.

4. The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission are subject to the audit and accounting

procedures established under its bylaws. However, all receipts and disbursements of

funds handled by the commission must be audited yearly by a certified or licensed

public accountant and the report of the audit must be included in and become part of

the annual report of the commission.

ARTICLE IX - COMPACT ADMINISTRATOR AND STATE COUNCIL

1. The director of the department of corrections and rehabilitation, or the director's

designee, shall serve as the compact administrator for this state's commissioner to the

commission.

2. The North Dakota state council for interstate juvenile supervision is established,

consisting of seven members. The director of the department of corrections and

rehabilitation, or the director's designee, is a member of the state council and serves

as chairman. Of the remaining members of the state council:

a. The governor shall appoint three members, one of whom must represent a crime

victim's organization; and

b. The chief justice of the supreme court shall appoint one member and the

chairman of the legislative council shall appoint one member from the house of

representatives and one member from the senate.

3. The term of office of a member is four years.

4. The state council shall meet at least twice a year.

5. The state council may advise the compact administrator on participation in the

commission activities and administration of the compact.

6. Members of the state council are entitled to expenses as provided in sections

44-08-04 and 54-06-09. Legislative assembly members also are entitled to

compensation at the rate provided in section 54-35-10.

ARTICLE X - COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a compacting state.

2. The compact becomes effective and binding upon legislative enactment of the

compact into law by no less than thirty-five states. The initial effective date is the later
9. Legislative assembly members also are entitled to

compensation at the rate provided in section 54-35-10.

ARTICLE X - COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a compacting state.

2. The compact becomes effective and binding upon legislative enactment of the

compact into law by no less than thirty-five states. The initial effective date is the later

of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter,

the compact becomes 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 must be invited to participate in the activities of the commission on a

nonvoting basis before the adoption of the compact by all states and territories of the

United States.

3. The commission may propose amendments to the compact for enactment by the

compacting states. An amendment does not become effective and binding upon the

commission and the compacting states until it is enacted into law by unanimous

consent of the compacting states.

ARTICLE XI - WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

1. Once effective, the compact continues in force and remains binding upon every

compacting state, but a compacting state may withdraw from the compact by

specifically repealing the statute that enacted the compact into law. The effective date

of withdrawal is the effective date of the repeal. The withdrawing state shall notify the

chairman of the commission in writing upon the introduction of legislation repealing this

compact in the withdrawing state. The commission shall notify the other compacting

states of the withdrawing state's intent to withdraw within sixty days of receipt of the

notice. 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.

Reinstatement following withdrawal of any compacting state occurs upon the

withdrawing state re-enacting the compact or upon a later date as determined by the

interstate commission.

2. If the commission determines that any compacting state has at any time defaulted in

the performance of any of its obligations or responsibilities under this compact or the

bylaws or rules of the commission, the commission may impose any or all of the

following penalties:

a. Remedial training and technical assistance as directed by the commission;

b. Alternative dispute resolution;

c. Fines, fees, and costs in those amounts as are determined to be reasonable as

fixed by the commission; and

d. Suspension or termination of membership in the compact, which may be imposed

only after all other reasonable means of securing compliance under the bylaws

and rules have been exhausted and the commission has determined that the

offending state is in default.
ve dispute resolution;

c. Fines, fees, and costs in those amounts as are determined to be reasonable as

fixed by the commission; and

d. Suspension or termination of membership in the compact, which may be imposed

only after all other reasonable means of securing compliance under the bylaws

and rules have been exhausted and the commission has determined that the

offending state is in default.

(1) Immediate notice of suspension must be given by the commission to the

governor, the chief justice or the chief judicial officer of the state, the majority

and minority leaders of the defaulting state's legislature, and the state

council. The grounds for default include failure of a compacting state to

perform the obligations or responsibilities imposed upon the state by this

compact, the bylaws, or rules and any other grounds designated in

commission bylaws and rules. The commission shall notify the defaulting

state in writing of the penalty imposed by the commission and of the default

pending a cure of the default. The 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 commission, the defaulting state must 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 must be

terminated from the effective date of termination.

(2) Within sixty days of the effective date of termination of a defaulting state, the

commission shall notify the governor, the chief justice or chief judicial officer,

the majority and minority leaders of the defaulting state's legislature, and the

state council of the termination. 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. The commission does not bear any

costs relating to the defaulting state unless otherwise mutually agreed upon

in writing between the commission and the defaulting state. Reinstatement

following termination of any compacting state requires both a re-enactment

of the compact by the defaulting state and the approval of the commission

pursuant to the rules.

3. The commission, by majority vote of the members, may initiate legal action in the

United States district court for the District of Columbia or, at the discretion of the

commission, in the federal district where the commission has its offices, to enforce

compliance with the compact, its duly promulgated rules, and bylaws against any

compacting state in default. If judicial enforcement is necessary, the prevailing party

must be awarded all costs of the litigation, including reasonable attorney's fees.

4. The compact dissolves effective upon the date of the withdrawal or default of the

compacting state which reduces membership in the compact to one compacting state.

Upon the dissolution of this compact, the compact becomes void and the business and

affairs of the commission must be concluded and any surplus funds must be

distributed in accordance with the bylaws.

ARTICLE XII - BINDING EFFECT OF COMPACT AND OTHER LAWS

1. This compact does not prevent the enforcement of any other law of a compacting state

which is consistent with this compact. All compacting states' laws other than the

Constitution of North Dakota and other interstate compacts conflicting with this

compact are superseded to the extent of the conflict.

2. All lawful actions of the commission, including all rules and bylaws adopted by the

commission, are binding upon the compacting states.

3. All agreements between the commission and the compacting states are binding in

accordance with their terms.
than the

Constitution of North Dakota and other interstate compacts conflicting with this

compact are superseded to the extent of the conflict.

2. All lawful actions of the commission, including all rules and bylaws adopted by the

commission, are binding upon the compacting states.

3. All agreements between the commission and the compacting states are binding in

accordance with their terms.

4. Upon the request of a party to a conflict over meaning or interpretation of commission

actions, and upon a majority vote of the compacting states, the commission may issue

advisory opinions regarding the meaning or interpretation.

5. 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 the provision upon the commission are ineffective and the

obligations, duties, powers, or jurisdiction remain in the compacting state and must be

exercised by the agency to which the obligations, duties, powers, or jurisdiction are

delegated by law in effect at the time this compact becomes effective.

## Nearby sections

- [N.D. Cent. Code § 12-66-01 12-66-01. Compact for juveniles](https://www.frixlaw.com/law-library/statutes/STATE_ND_T12_C12-66_S12-66-01.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ND_T12_C12-66_S12-66-01. Check the current official text before relying on it. Not legal advice.