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ICJ Commissioner Training

ICJ Commissioner Training. Updated Jan 2010. Purpose. 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

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ICJ Commissioner Training

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  1. ICJ Commissioner Training Updated Jan 2010

  2. Purpose 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

  3. ICJ 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 Serving Juveniles While Protecting Communities

  4. 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 Serving Juveniles While Protecting Communities

  5. National Structure Serving Juveniles While Protecting Communities

  6. ICJ Regions Serving Juveniles While Protecting Communities

  7. ICJ 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 Serving Juveniles While Protecting Communities

  8. ICJ Organization & Structure – 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 Serving Juveniles While Protecting Communities

  9. Ex 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 Serving Juveniles While Protecting Communities

  10. 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 Serving Juveniles While Protecting Communities

  11. 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) Serving Juveniles While Protecting Communities

  12. State 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 Serving Juveniles While Protecting Communities

  13. Role of the Commissioner

  14. Commissioner 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 Serving Juveniles While Protecting Communities

  15. 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 Serving Juveniles While Protecting Communities

  16. 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 Serving Juveniles While Protecting Communities

  17. Organizing 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? Serving Juveniles While Protecting Communities

  18. State 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. Serving Juveniles While Protecting Communities

  19. State Council Appointments – cont. Factors to consider when recommending appointments 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? Serving Juveniles While Protecting Communities

  20. Tips 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 Serving Juveniles While Protecting Communities

  21. 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 Serving Juveniles While Protecting Communities

  22. Commission Resources Serving Juveniles While Protecting Communities

  23. Publications & 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) Serving Juveniles While Protecting Communities

  24. National Office

  25. Role 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 Serving Juveniles While Protecting Communities

  26. National 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 Serving Juveniles While Protecting Communities

  27. 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. Serving Juveniles While Protecting Communities

  28. 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 Serving Juveniles While Protecting Communities

  29. Technical Assistance • Administer the Commission’s website • Collect transfer data and statistics • Manage national database project • Use additional technologies • Surveys • Reports Serving Juveniles While Protecting Communities

  30. National Office Contact Information • The Interstate Commission for Juveniles 2760 Research Park DriveP.O. Box 11910Lexington, KY 40578-1910 www.juvenilecompact.org Serving Juveniles While Protecting Communities

  31. Liability, Qualified Immunity and Defense Serving Juveniles While Protecting Communities

  32. Status 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. Serving Juveniles While Protecting Communities

  33. Types of Public Acts Generally 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 Serving Juveniles While Protecting Communities

  34. Liability • 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. Serving Juveniles While Protecting Communities

  35. 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. Serving Juveniles While Protecting Communities

  36. Judicial 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 Serving Juveniles While Protecting Communities

  37. Judicial Immunity & Probation 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. Serving Juveniles While Protecting Communities

  38. 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 Serving Juveniles While Protecting Communities

  39. Limits on Litigation What are the limitations, if any, on the ability of the commissioner to sue member states (injunctive as well as 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 Serving Juveniles While Protecting Communities

  40. Role of Executive Committee

  41. Executive 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 Serving Juveniles While Protecting Communities

  42. Executive 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 Serving Juveniles While Protecting Communities

  43. Role 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 Serving Juveniles While Protecting Communities

  44. List of ICJ Committees • Executive Committee • Finance Committee • Training, Education and Public Relations Committee • Information and Technology Committee • Rules Committee • Compliance Committee • Ad hoc committees Serving Juveniles While Protecting Communities

  45. Committee 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 Serving Juveniles While Protecting Communities

  46. 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 Serving Juveniles While Protecting Communities

  47. 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 Serving Juveniles While Protecting Communities

  48. 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 Serving Juveniles While Protecting Communities

  49. Regional 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 Serving Juveniles While Protecting Communities

  50. Finance Committee

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