icj commissioner training

ICJ Commissioner ICJ Commissioner TrainingTraining

Updated Jan 2010

PurposePurpose

In this training, you will learn―the responsibilities of a commissioner―the day-to-day responsibilities of a commissioner―how a Commissioner helps facilitate the Interstate

Compact for Juveniles in his/her own state―how a Commissioner helps facilitate the National

Commission

Serving Juveniles While Protecting Communities

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ICJ Background and HistoryICJ Background and History

• Original Juvenile Compact came about in 1955• New Juvenile Compact written in 2000, enacted in

2008• Law in 41 states with more to join (11/10/09)*• Provides for the welfare and protection of

juveniles and the public• Is the only legal process for returning runaways• Promotes public safety and ensures effective

monitoring of juveniles moving across state lines

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ICJ Background and History - cont.ICJ Background and History - cont.• Every jurisdiction within a member state is subject

to ICJ rules• Commission has statutory authority to enforce

compliance• Member states pay an annual assessment fee• Establishes a State Council for member states• Establishes uniform system for reporting, collecting

& exchanging data• Rulemaking authority which has force and effect of

federal law

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National StructureNational Structure

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ICJ RegionsICJ Regions

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ICJ Organization & StructureICJ Organization & Structure

• The commission is a body corporate and joint agency of the compacting states

• The commission consists of commissioners appointed by the appropriate appointing authority in each state

• The commissioner is the compact administrator, deputy compact administrator or designee from each state

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ICJ Organization & Structure – ICJ Organization & Structure – cont.cont.

• Each commissioner (or their designee) has one vote

• The Interstate Commission includes non-commission members that are members of interested organizations

• All non-commission members are ex officio (non-voting) members

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Ex Officio MembershipEx Officio Membership

• Why does the compact mandate the participation of ex officio members?– Ensures that all interested parties with various

constituencies are represented in the commission

• Serves as principal liaison between the Commission and the designated organization

• Serves in an advisory capacity to the Commission• Is a non-voting member of the Commission• ICJ Bylaws state who must be included as ex-

officio members


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Ex Officio Membership – cont.Ex Officio Membership – cont.

• Ex officio membership must include– members of the national organizations of governors,

legislators, state chief justices, and attorneys general,– Members of the Interstate Compact for Adult Offender

Supervision (ICAOS) and the Interstate Compact for the Interstate Compact for the Placement of Children (ICPC)

– Juvenile justice and juvenile corrections officials,– Victims’ rights advocates


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Ex Officio Membership – cont.Ex Officio Membership – cont.• Current ex-officio membership of the national commission –

updated January 2010– American Probation and Parole Association (APPA)– Association of Administrators of the Interstate Compact on the Placement of

Children (AAICPC)– Association of Juvenile Compact Administrators (AJCA)– Council of Juvenile Correctional Administrators (CJCA)– Conference of State Court Administrators (COSCA)– International Association of Chiefs of Police (IACP)– Interstate Compact for Adult Offender Supervision (ICAOS)– National Association of Attorneys General (NAAG)– National Conference of State Legislatures (NCSL)– National Council of Juvenile and Family Court Judges (NCJFCJ) – pending

signed MOU– National Center for Victims of Crime (NCVC)– National Juvenile Detention Association (NJDA)– National Runaway Switchboard (NRS)– National Sheriffs’ Association (NSA)


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State StructureState Structure• Provide a mechanism

for empowerment of Compact process

• Assist in developing Compact policy

• Determine qualifications for membership on Council

• Appoint designee in Commissioner’s absense

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Role of the Role of the CommissionerCommissioner


Commissioner DutiesCommissioner Duties

• Participate on Commission Committees• Train line officers, court administrators,

prosecutors, judiciary, etc.• Act as a liaison between national office, state

compact office, and state council• Ensure dues are paid within requirements set by

Commission• Attend Regional meetings• Attend Commission meetings

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Commissioner Duties – cont.Commissioner Duties – cont.

• Ensure appointment is in compliance with statute• Ensure State Council is functioning with

appropriate appointed members• Develop good working relationship with Judiciary• Promote purpose and mission of Compact• Ensure state operations are in compliance with

Compact provisions and rules

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Commissioner Duties – cont.Commissioner Duties – cont.

• Respond to requests, communication and surveys from national office

• Request advisory opinions from Executive Director within set guidelines (when necessary)

• Coordinate the implementation of Compact rules

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Organizing Compact OfficeOrganizing Compact Office

• Is there adequate staffing?• Does the office have the resources it needs to

effectively carry out its duties?• Are processes in place to ensure accountability?• Is information being provided in a timely

manner?• What are the technology capabilities/needs of

the Compact Office?• Have all compact staff received training?

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State Council AppointmentsState Council Appointments

• The appointment process is often cumbersome and lengthy.

• Take the initiative to recommend suitable candidates for appointment who are willing to serve, this may speed up the appointment process.


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State Council Appointments – State Council Appointments – cont.cont.Factors to consider when recommendingappointments include:

– Is the candidate willing to serve on the council?

– Does the candidate have a demonstrated interest in the Compact process?

– Is the individual well known in the juvenile justice community?

– Is the candidate influential?


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Tips for CommissionersTips for Commissioners• Learn the process of budget appropriations

– Compact commissioners and compact staff should familiarize themselves with the specific processes and procedures within their state for requesting a budget appropriation

– Plan for annual dues assessments

• Be proactive in training, education and outreach initiatives– Meet with compact staff to determine specific training and

education needs

• Comply with data reporting requirements – Meet with compact staff to determine what types of

information should be collected and reported


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Tips for Commissioners – cont.Tips for Commissioners – cont.• Learn the procedures for transfer/supervision

requests– Study the ICJ Rules and consult with compact staff to ensure

compliance with the ICJ Rules

• Know the chain of communication within the compact– When accessing legal counsel:

• Commissioners, Compact Administrators, Deputy Compact Administrators, and all others engaged in the business of the Compact shall access the legal counsel through the Executive Director

– When accessing the Executive Director:• Work must come through a Commissioner • General questions may go directly to Executive Director

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Commission ResourcesCommission Resources


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Publications & ResourcesPublications & Resources

• Probation & Parole Officer curriculum• Commissioner Handbook• Commissioner Training Presentation• Legal Training Curriculum & Presentation (in

development)• State Council Presentation• Bench Book for Judges & Court Personnel (in

development)

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National OfficeNational Office


Role of National OfficeRole of National Office

• Secretary/Clearinghouse to the Commission– Documents– Meeting Minutes– Commission Business

• Resource Center– Training Assistance– Publications– Website– Directory of States Compact Offices– Legal Assistance/Opinions

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National Office DutiesNational Office Duties

#1 Priority is to serve the Commission

• Assist Commission, Committees & Regions in carrying out respective missions/goals

• Logistical support– Teleconference/Web conference– On-site Meetings/Trainings

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National Office Duties - cont.National Office Duties - cont.

• Assist States with the establishment and maintenance of State Councils

• Provide training, reference manuals and on-site assistance

• Live WebEx Training delivered live by a national trainer to Compact staff, line officers, state council members, etc.


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National Office Duties - cont.National Office Duties - cont.• Collect statistical information pertaining to

juveniles subject to the Compact • Assist in the interpretation of the Commission’s

rules and circulate to all member states• Dispute resolution tracking• Track information regarding rule infractions,

useful for validating and fine tuning the rules, improving business processes and targeting training needs

• Assist in policy development


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Technical AssistanceTechnical Assistance

• Administer the Commission’s website• Collect transfer data and statistics• Manage national database project• Use additional technologies

– Surveys– Reports

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National Office Contact National Office Contact InformationInformation

• The Interstate Commission for Juveniles2760 Research Park DriveP.O. Box 11910Lexington, KY 40578-1910www.juvenilecompact.org

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Liability, Qualified Liability, Qualified Immunity and DefenseImmunity and Defense


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Status of Public EmployeesStatus of Public Employees

• In the public employment context, the issue of immunity and liability are controlled by the types of acts undertaken.

• Most public employees think they are immune from suit by the ancient principle of sovereign immunity. They are not.

• Depending upon the state, sovereign immunity may have only limited application and offer only limited protection.


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Types of Public ActsTypes of Public ActsGenerally two categories:

Discretionary: acts in which the public employee has the freedom to exercise good judgment and care in carrying out an act. These acts are not mandatory in the sense of imposing an affirmative duty

Ministerial: acts that a public employee is required by law to fulfill. Most often these acts are defined by “shall”; they impose a mandatory duty without regard to discretion


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LiabilityLiability

• Generally, public employees are immune from suit for discretionary acts. The failure to exercise discretion as a plaintiff might desire IS NOT grounds for liability. For example, the decision to parole someone is usually a discretionary act. However, the conduct must not violate the principle of “reasonableness” and clearly established statutory or constitutional rights.

• Generally, public employees are not immune

from suit for failing to fulfill a ministerial act and may be personally liable. For example, a probation plan that mandates a minimum of five meetings a month imposes a ministerial duty.


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Liability – cont.Liability – cont.

• ICJ Liability for commissioners/designees does not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents.


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Judicial ImmunityJudicial Immunity• Important only in the context of probation;

generally no application to the parole setting.

• Judicial immunity provides “judicial officers” with immunity for their JUDICIAL actions.

• NOTE: Not even judges have absolute judicial immunity for non-judicial, administrative actions. Judges may be subject to liability for administrative actions, i.e. employment decisions, and such liability may extend to federal civil rights law.

42 U.S.C. 1983


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Judicial Immunity & Judicial Immunity & Probation OfficersProbation Officers

• Example, probation officers may have qualified judicial immunity in preparing a pre-sentence investigation report because this is integral to a judge exercising judicial power in a case.

Acevedo v. Pima Cty. Adult Probation, 142 Ariz 319 (1984).

• Whether immunity applies in a particular case must be determined by examining the nature of the function, the class of officials to whom it has been entrusted, and the effect to which exposure to liability would have on the proper exercise of the functions. Officials seeking exemptions from personal liability have the burden of showing that such exemption is justified by overriding considerations of public policy.

Forester v. White, 484 U.S. 219 (1988)

• Generally, probation officers are cloaked with qualified (not absolute) judicial immunity; that is, limited to actions that are integral to the judicial process.


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Defense & Indemnification*Defense & Indemnification*

Section 2 - Defense• The Commission will defend a commissioner/representative

in an civil action seeing to impose liability, on the condition that the alleged act or error did result from gross negligence or intentional wrongdoing on behalf of that person.

Section 3 - Indemnification• The Commission indemnifies the Commissioner and

representative employees harmless in the amount of any settlement arising from such alleged act that occurred within the scope of Commission employment; provided that the person had reasonable basis for their actions and did not result from gross negligence or intentional wrongdoing.

*From ICJ Bylaws


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Limits on LitigationLimits on Litigation

What are the limitations, if any, on the ability of thecommissioner to sue member states (injunctive as

wellas mandatory relief)?

• Answer: No unilateral authority is given to an individual commissioner to sue another state.– Only the National Commission with a majority vote can

take legal action against a member state


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Role of Executive Role of Executive CommitteeCommittee


Executive CommitteeExecutive Committee• Oversees the day-to-day activities of the

administration of the compact managed by an executive director and Interstate Commission staff

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

• Performs other duties as directed by the Interstate Commission or as set forth in the bylaws

• The Executive Committee has monthly teleconference meetings the 4th Thursday of every month

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Executive CommitteeExecutive Committee• Acts on behalf of the Commission during periods

when the Commission is not in session; with the exception of having rulemaking authority and/or power to amend the Compact.

• Members include:– Chairperson– Vice-Chairperson– Treasurer– Regional Representative (East, South Mid-West, and

West)– Committee Chairs (Appointed by the Chairperson)– Ex Officio Victims Representative– Ex Officio Previous Chairperson

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Role of the Executive CommitteeRole of the Executive Committee

• Executive Committee members are charged with the responsibility to manage the Commission in the same manner in which other national not-for-profit organizations are administrated.

• Areas of responsibility include:– Budget– Staff appointments and retention– Physical infrastructure– Long range planning

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List of ICJ CommitteesList of ICJ Committees

• Executive Committee• Finance Committee• Training, Education and Public Relations Committee• Information and Technology Committee• Rules Committee• Compliance Committee• Ad hoc committees


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Committee DescriptionsCommittee Descriptions

Executive Committee• Responsible for guiding and overseeing the administration

of all Commission activities and for acting on behalf of the Commission, as permitted by the Compact, during the interim between Commission meetings

Finance Committee• Responsible for monitoring the Commission’s budget and

financial practices, including the collection and expenditure of Commission revenues, and for developing recommendations for the Commission’s consideration as appropriate


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Committee Descriptions – cont.Committee Descriptions – cont.Training, Education and Public Relations

Committee• Develops educational resources and training materials for

use in the member states to help ensure compliance with the Compact and the Commission’s rules

Information and Technology Committee• Identifies, develops and recommends appropriate IT

resources to facilitate the tracking of juveniles and the administration of Commission activities


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Committee Descriptions – cont.Committee Descriptions – cont.

Rules Committee• Administers the Commission’s rulemaking procedures and

assists in drafting proposed rules for the Commission’s consideration as appropriate

Compliance Committee• Monitors the compliance of member states with the terms

of the Compact and the Commission’s rules and develops appropriate enforcement procedures for the Commission’s consideration


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Committee Descriptions – cont.Committee Descriptions – cont.

Ad Hoc Committees• Formed for a one time purpose to deal with a particular

issue and are disbanded after the issue is resolved • Provide stop gap or temporary measures to solve problems

that are not resolved by ordinary processes of the Commission.

• Ad Hoc Committees of the Commission:• Sex Offender Ad Hoc Committee, 2010• Probable Cause Ad Hoc Committee, 2010• ICPC Ad Hoc Committee, 2010


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Regional RepresentativesRegional Representatives

• Are elected every two years by a plurality vote of the commissioners of each region

• Shall serve for two years or until a successor is elected by the commissioners of that region

• Are members of the Executive Committee

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Finance CommitteeFinance Committee


Finance Committee MembersFinance Committee Members

• Lisa Bjergaard (ND), Chair• Dennis Casarona (KS), Treasurer• Paul Gibson (KY)• Beth Meng (LA)• Gloria Soja (MT)• Susan Morris (OK)• Philip Cox (OR)• Alicia Ehlers (ID), Ex Officio

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Finance Committee DutiesFinance Committee Duties

• With the assistance of the Executive Director, the Treasurer shall act as custodian of all Commission funds

• Responsible for monitoring the administration of all fiscal policies

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Finance ReportsFinance Reports• The Executive Director shall submit financial

reports to the Treasurer and Executive Committee.

• The Executive Committee approves the budget presented by the Executive Director.

• The Treasurer presents the budget to the Commission at the annual business meeting.

• Fiscal year is July 1- June 30.• Executive Director shall submit invoices to the

states for dues prior to the beginning of each state’s fiscal year.

• The Commission shall be audited each year.• The Council of State Government performs all

accounting functions for the Commission.53


DuesDues FormulaFormula

State PopulationUS Population +

Offenders transferred In &

Out of state Total US Offenders

Transferred

2

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Commission DuesCommission Dues

• Based on formula developed by the Commission at the Inaugural Meeting in December 2008

• Payable upon receipt of invoice from National Office

• State dues range from $12K to $37K

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Training, Education &Training, Education &Public Relations Public Relations

CommitteeCommittee


Training Committee MembersTraining Committee Members• Jean Hall, Chair (FL)• Barbara Murray (AK)• Pat Pendergast (AL)• Susan Burns(DE)• Beth Meng (LA)• Sherry Jones (MD)• Julie Hawkins (MO)• Gloria Soja (MT)• Dawne Gannon (SC)• Sherry Bolden Rivers (TN)• Letta Porter Jones (VA)• Maria Genca (CT) Ex Officio• Michele Huntley (DE) Ex Officio• Pablo Sedillo (AZ) Ex Officio• Rachel Rios (CA) Ex Officio• Maureen Blaha (NRS) Ex Officio

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Types of TrainingTypes of Training• On-Site (facilitated) Training

– Probation & Parole Officers/Compact Staff– Commissioners– Ex-Officio members– State Council members– Judicial members– Workshop/Conference

• Training resources coming soon– WebEx On-Demand Training Modules– WebEx Online Training

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Requesting TrainingRequesting Training

Technical and Training Assistance Policy:

• Commissioner makes written request to Executive Director

• Executive Director consults with Training Chair to approve request

• If approved, the national office assists with scheduling and coordinating training

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Information and Information and Technology CommitteeTechnology Committee

IT Committee MembersIT Committee Members

• Ray Wahl (UT), Chair• Mike Branham (AZ)• Paul Gibson (KY)• Dale Dodd (NM)• Susan Morris (OK)• Terry Clark (PA)• Shelley Hagan (WI)

• Pablo Sedillo (AZ), Ex Officio• Rachel Rios (CA), Ex Officio• Alicia Ehlers (ID), Ex Officio• Helen Killian (OK), Ex Officio• Clarence Powell (MS), Ex

Officio


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IT CommitteeIT Committee

• Identifies and develops appropriate information technology resources to facilitate the tracking of juveniles and the administration of Commission activities

• Helps establish uniform standards of tracking and data collection

• Oversees the Commission’s website• Develops recommendations for the

Commission’s consideration as appropriate


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Rules CommitteeRules Committee

Rules Committee MembersRules Committee Members• Gary Hartman (WY), Chair• Judy Miller (AR)• Kurt Wilson (CA)• Sharon Harringfeld (ID)• Billie Greer (IL)• Julie Hawkins (MO)• Fernando Serrano (NV)• Traci Marchand (NC)• Kevin McKenna (RI)• Lisa Bjergaard (ND)

• Terry Clark (PA)• Letta Porter Jones (VA)• Cheryl Sullivan-Colglazier (WA)• Mike Lacy (WV)• Dawn Melzo (WA), Ex Officio• Andy Snook (ID), Ex Officio• Molli Davis (NV), Ex Officio• Helen Killian (OK), Ex Officio• Carol Gillespie (OR), Ex Officio


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Proposing New Rules or Proposing New Rules or ChangesChanges

Rule 7-101

• Proposed new rules or amendments to the rules shall be adopted by majority vote of the members of the Commission in the following manner:– Any ICJ Commissioner or Designee may submit proposed

rules or amendments for referral to the Rules Committee during the annual meeting of the Commission.

– Standing ICJ Committees may propose rules or amendments by a majority vote of that committee.

– ICJ Regions may propose rules or amendments by a majority vote of members of that region.


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Rulemaking ProcessRulemaking Process• Rulemaking shall substantially conform to the

principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000)

• When promulgating a rule, the Commission must:– Publish the text and reason for the proposed rule– Allow written comment, to be publicly available– Provide opportunity for an informal hearing if petitioned

by 10 or more people– Promulgate final rule and effective date, based on input

from state or local officials, or interested parties

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Rulemaking Process –cont.Rulemaking Process –cont.• Emergency rulemaking procedure available• Judicial review available in federal district court, upon a

timely petition (within 60 days of promulgation)• Commission rules must be adopted in a manner that is

substantially similar to the process of the Administrative Procedures Act

• Once adopted, the rules have the force and effect of statutory law and supersede any inconsistent state laws

• Majority of state legislatures can reject a proposed rule

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Compliance CommitteeCompliance Committee


Compliance Committee MembersCompliance Committee Members

• Summer Foxworth (CO), Chair• Barbara Murray (AK)• Sharon Harrigfeld (ID)• Dennis Casarona (KS)• Mark Boger (ME)• Michael Ruedisale (MI)• Gloria Soja (MT)• Nancy Allard (SD)• Carol Gillespie (OR), Ex Officio

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Compliance Committee AuthorityCompliance Committee Authority

• Compliance Committee has the authority:– to monitor member states’ compliance with

the terms of the Compact and the Commission’s rules.

– to develop appropriate enforcement procedures for the Commission’s consideration including:

• Initiating interventions to address and correct non-compliance

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Dispute ResolutionDispute ResolutionRULE 8-101 1.Informal Communication – States must first attempt to resolve disputes with each other by communicating through their respective commissioners2.Formal Dispute Resolution – Following a documented unsuccessful attempt to resolve controversies or disputes, parties shall submit a written request to Executive Director for assistance.

– The Executive Director/Executive Committee may seek the assistance of legal counsel during formal dispute resolution or authorize a standing committee to assist.


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Advisory Opinions – Advisory Opinions – Interpretation of RulesInterpretation of Rules

Rule 8-101.3

• Any state may submit an informal written request to the Executive Director for assistance in interpreting the rules of this Compact.


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Enforcement Actions Against Enforcement Actions Against Defaulting StatesDefaulting States

• The Commission has the authority to enforce the compact and its rules.

• Penalties which may be imposed on defaulting states:– Remedial training and technical assistance– Alternative dispute resolution– Fines, fees, and costs in such amounts as are deemed to

be reasonable by the Commission– Suspension and termination of membership in the

Compact

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Judicial EnforcementJudicial Enforcement

• By majority vote of the Commission, legal action may be initiated to enforce compliance against a compacting state

• In the event of judicial enforcement, the prevailing party shall be awarded all costs of such litigation including reasonable attorneys’ fees

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Closing CommentsClosing Comments• Familiarize yourself with ICJ Rules, Bylaws, and

your state statute• Know the ICJ protocol for communication

between states.• Collaborate with your state council and ICJ

committees • Utilize the national office for assistance,

education, and training• Ultimately the Commissioner is responsible for

overseeing the Compact in each state


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Questions?Questions?


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ContactContact InformationInformationNational Office

Interstate Commission for Juveniles PO Box 11910

Lexington, KY 40578(859) 244-8029

(859) 244-8001 faxwww.juvenilecompact.org

Interim Commission Website:http://www.csg.org/programs/policyprograms/NCIC/interstateCommission_juveniles.aspx

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icj commissioner training

Documents

communitiesserving juveniles

protection of juveniles

interstate compact

compact mandate

national commission

nonvoting members

votethe interstate commission

new juvenile compact