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ICAOS State Council Presentation [Revision 2/29/2012]. Contact. Interstate Commission for Adult Offender Supervision 836 Euclid Avenue Lexington KY 40502 (859) 721-1050 Phone (859) 721-1059 Fax Commission Website www.interstatecompact.org. www.interstatecompact.org. Key Personnel.

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Presentation Transcript
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ICAOS State Council Presentation

[Revision 2/29/2012]


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Contact

  • Interstate Commission for

    Adult Offender Supervision

    836 Euclid Avenue

    Lexington KY 40502(859) 721-1050 Phone(859) 721-1059 Fax

  • Commission Website

    www.interstatecompact.org



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Key Personnel

  • Commission Chair

    • Mr. Milton Gilliam, Oklahoma

  • Executive Director

    • Mr. Harry Hageman

  • General Counsel

    • Mr. Richard L. Masters, Esq.


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Interstate Compact Legislation

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

    • subject to ICAOS rules

    • MUST enforce & effectuate the Compact

      Do you know your

      state’s statute?


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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.


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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


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Purpose of ICAOS

  • Promote Public Safety

  • Protect the Rights of Victims

  • Effective Supervision/Rehabilitation

  • Control Movement of Offenders

  • Provide for Effective Tracking


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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.



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State Structure

  • 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.



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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.


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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.


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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.


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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.



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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.


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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


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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),


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Who Is Covered?

  • Certain misdemeanants

  • Offenders subject to deferred sentences

    • Suspended Imposition of Sentence

    • Suspended Execution of Sentence

  • All Felons

  • Juveniles tried as adults


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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



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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.


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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.


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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.


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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?



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Council Members Should:

  • 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.


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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.


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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


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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



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