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12-51-102. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-51-102. Definitions.
As used in this compact, unless the context clearly requires a different construction:
(1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law;
(2) “Bylaws” mean those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct;
(3) “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 offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact;
(4) “Compacting state” means any state which has enacted the enabling legislation for this compact;
(5) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact, i.e., § 12-51-103;
(6) “Interstate commission” means the Interstate Commission for Adult Offender Supervision established by this compact;
(7) “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner;
(8) “Noncompacting state” means any state which has not enacted the enabling legislation for this compact;
(9) “Offender” means an adult placed under or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies;
(10) “Person” means any individual, corporation, business enterprise, or other legal entity, either public or priv
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-51-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-51-102
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 89b96d854a3dd77942d9d8f3dc445cc4fef43015b8fba4ee6d90c37c8ec1125b
Source location: content.xml paragraph 16316
Stored source content
12-51-102. Definitions.
As used in this compact, unless the context clearly requires a different construction:
(1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law;
(2) “Bylaws” mean those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct;
(3) “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 offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact;
(4) “Compacting state” means any state which has enacted the enabling legislation for this compact;
(5) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact, i.e., § 12-51-103;
(6) “Interstate commission” means the Interstate Commission for Adult Offender Supervision established by this compact;
(7) “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner;
(8) “Noncompacting state” means any state which has not enacted the enabling legislation for this compact;
(9) “Offender” means an adult placed under or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies;
(10) “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private;
(11) “Rules” means acts of the interstate commission, duly promulgated pursuant to Article VIII of this compact, i.e., § 12-51-302, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states;
(12) “State” means a state of the United States, the District of Columbia and any other territorial possessions of the United States; and
(13) “State council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact, i.e., § 12-51-103.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-51-103. Interstate Commission for Adult Offender Supervision.
(a)(1) The compacting states hereby create the “Interstate Commission for Adult Offender Supervision”.
(2) The interstate commission shall be a body corporate and joint agency of the compacting states.
(3) The interstate commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(b) The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state.
(c)(1) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims.
(2) All noncommissioner members of the interstate commission shall be ex-officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional, ex-officio, nonvoting members as it deems necessary.
(d)(1) Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote.
(2) A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
(3) The interstate commission shall meet at least once each calendar year. The chairperson may call addition
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-51-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-51-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-51-302. Rulemaking functions of the interstate commission.
(a) The Interstate Commission for Adult Offender Supervision shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.
(b)(1) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto.
(2) Such rulemaking shall substantially conform to the principles of the Federal Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. app. 2, § 1 et seq., as may be amended, hereinafter “APA”.
(3) All rules and amendments shall become binding as of the date specified in each rule or amendment.
(c) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
(d) When promulgating a rule, the interstate commission shall:
(1) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;
(2) Allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available;
(3) Provide an opportunity for an informal hearing; and
(4) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.
(e) Not later than sixty (60) days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia, or in the Federal District Court where the in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-51-302
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-51-302. This identifies an authority to review, not proof of applicability.