ICAOS State Council Presentation

[Revision 3/1/2014]

• Interstate Commission for Adult Offender Supervision836 Euclid AvenueLexington KY 40502(859) 721-1050 Phone(859) 721-1059 Fax

• Commission Websitewww.interstatecompact.org

Contact

www.interstatecompact.org

• Commission Chair– Mr. Milton Gilliam, Oklahoma

• Executive Director– Mr. Harry Hageman

• General Counsel– Mr. Richard L. Masters, Esq.

Key Personnel

• Courts, Parole Boards, Community Corrections & other Executive Agencies

– subject to ICAOS rules

– MUST enforce & effectuate the Compact

Do you know your state’s statute?

Interstate Compact Legislation

Authority of the Interstate Compact

• The Crime Control Act of 1934 permitted two or more states to enter into agreements for mutual assistance in the prevention of crime.

– Cuyler vs. Adams, 449 U.S. 433 (1981). Compact rules supersede any state laws in conflict with them.

National Governing Body

• All 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands are members of the Interstate Compact

– Rule Making Authority

– Compliance Enforcement

Purpose of ICAOS

• Promote Public Safety• Protect the Rights of Victims• Effective Supervision/Rehabilitation

• Control Movement of Offenders• Provide for Effective Tracking

Mission

The Interstate Commission for Adult

Offender Supervision will guide the transfer

of offenders in a manner that promotes

effective supervision strategies consistent

with public safety, offender accountability,

and victim’s rights.

National Structure

State Structure

State Council

Governor Representative

Legislative Representative

Judicial Representative

Victim’s Advocate

Other Appointed Members

• Provide mechanism for empowerment of Compact process;

• Assist in developing Compact policy;

• Determine qualifications for membership on Council;

• Appoint Acting Commissioner when Commissioner is unable to attend.

Legal

Interstate Compacts

Interstate compacts are contractual

agreements between the states enacted

through legislative means and adopted to

resolve a dispute, study a problem or create

an on-going administrative mechanism for

managing an interstate affair.

Interstate Compacts

• Agreements between states authorized under Article I, Section 10, Clause 3 of the U.S. Constitution – the “Compact Clause”

• The U.S. Supreme Court has consistently held that Congressional consent is only required for compacts that tend to increase the political power of the states in a manner that encroaches upon or interferes with the just supremacy of the United States.

Crime Control Act 4 U.S.C. Section 112 (1965)

Authorizes and encourages states to form

interstate compacts for cooperative efforts

and mutual assistance in the prevention of

crime.

Implications of Congressional Consent

• Congressional consent:

• Transforms an interstate compact into federal law under the “law of the union doctrine.” See, Delaware River Comm’n v. Colburn, 310 U.S. 419, 439 (1940); Cuyler v. Adams, 449 U.S. 433 (1981). This transformation is not only for jurisdictional or interpretative purposes. Consent makes a compact substantive federal law.

• Makes a compact enforceable under the Supremacy Clause and the Contract Clause.

Rules

Rulemaking Power

• 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 supercede any inconsistent state laws.

• Majority of state legislatures can reject a proposed rule.

Enforcement Power

• Commission has authority to enforce the compact and its rules upon the states by: Require remedial training Require mediation/arbitration of dispute Impose monetary fines on a state Seek relief in federal court, most likely by

obtaining an injunction to curtail state action or compel compliance

Authority to Regulate

• There is no “right” of convicted persons to travel across state lines. See, Bagley v. Harvey, 718 F.2d 921 (9th Cir. 1988).

• Convicted person has no right to control where they live; the right is extinguished for the balance of their sentence. Williams v. Wisconsin, 336 F.3d 576 (7th Cir. 2003),

Who Is Covered?

• Certain misdemeanants• Offenders subject to deferred sentences

– Suspended Imposition of Sentence– Suspended Execution of Sentence

• All Felons• Juveniles tried as adults

Who Is NOT Covered?

• Persons in a pre-trial, pre-adjudicated status;

• Persons subject to work release;• Persons with less than three months

supervision remaining on their sentences;• Persons with minor misdemeanor

convictions

Forming State Councils

Empowerment

• Each state is required by statute to establish a state council for overseeing its intrastate affairs dealing with the Compact.

• An active State Council can have a positive influence on a state’s compact operation.– State councils can serve as an advocate

when seeking resources, improving operations, resolving disputes and conducting training.

Membership

• States determines the structure, composition and budget of their State Council. – must include at least one representative from

the legislative, executive and judicial branches of government, victim groups, other community interest groups and the Compact Administrator.

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.

Appointments, cont’d.

• 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 criminal

justice community?– Is the candidate influential?

State Council Member’s Role

• Become familiar with the compact and its purpose.

• Become educated on your state’s Compact process.• Become familiar with how your state appoints the

Compact Administrator.

• Become familiar with the authority vested in the Interstate Commission.

• Become familiar with the process if the Compact Administrator cannot attend a Commission meeting.

Council Members Should:

Council Members cont’d.

• Assist in determining if Compact office has adequate staff for the operation of the Compact.

• Become familiar with rules of the Commission and discuss any desired additions.

• Assist Compact Administrator in developing a network within your state to assist with the Compact process.

• Discuss the addition of other members that may lend assistance to the Compact process.

Preliminary Activities for the Council

• Develop the Council’s – Mission Statement – Short and long term plans – Goals and objectives

• Establish meeting procedures – Scheduling– Notices– Meeting Minutes– Voting procedures

Staying Energized• Projects that are helpful to the compact office

and suitable for engaging the Council include: – Developing a dispute resolution policy and

procedure– Assess compact office workload and needs– Recommending changes in Compact Office

business process and procedures– Present on the Compact at conferences– Recommend legislative changes and lobby

legislative groups– Recommend changes to the Compact rules

Questions?