Compliance with the ICJ
The Commission’s compliance efforts are not directed at compelling juvenile compliance. Juvenile compliance is a matter that rests with the member states’ courts, paroling authorities and corrections officials. Rather, the tools provided for in the Revised ICJ are directed exclusively at compelling the member states to meet their contractual obligations by complying with the terms and conditions of the Compact and any rules promulgated by the Commission.
Principles of Enforcement
The Commission possesses significant enforcement authority against states that are deemed in default of their obligations under the Revised ICJ. The decision to impose a penalty for non-compliance may rest with the Commission as a whole or one of its committees depending on the nature of the infraction and the penalty imposed. The enforcement tools available to the Commission include:
- Requiring remedial training and providing technical assistance (Art. XI § B(1)(a); Rule 9-103);
- Imposing alternative dispute resolution, including mediation or arbitration (Art. XI § B(1)(b); Rule 9-102);
- Imposing financial penalties on a non-compliant state (Art. XI § B(1)(c); Rule 9-103);
- Suspending a non-compliant state (Art. XI § B(1)(d));
- Termination from the Compact (Art. XI § B(1)(d)); and
- Initiating litigation to enforce the terms of the Compact, monetary penalties ordered by the Commission, or obtaining injunctive relief. (Art. XI § C).
Grounds for default include, but are not limited to, a state’s failure to perform such obligations as are imposed by the terms of the Compact, the By-laws of the Commission, or any duly promulgated rule of the Commission.
For more information, see Chapter 2 Section 10 of the ICJ Bench Book