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6.3.3 State Tort Claims

Chapter 6.3.3
Effective April 1, 2026

     Supervised individuals (and occasionally third parties) may assert state-law tort claims related to conduct arising under the Compact. These claims are governed by the tort law of the relevant jurisdiction and are frequently limited by sovereign immunity doctrines or state tort claims statutes. In many jurisdictions, liability turns on whether the challenged conduct is characterized as discretionary (often immune) or ministerial/operational (potentially actionable). Nevertheless, some of the cases in which tort claims have been raised are illustrative, highlighting the types of claims likely to arise in the context of the Compact. 

Rule Comment Period is Open

At its 2026 Annual Business Meeting, the Commission will consider amendments to rules, by-laws as well as use of a Violation Response Tool to support consistent, fair, and data-informed retaking decisions.