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ICAOS State Council Presentation [Revision 2/29/2012]

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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
contact
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

key personnel
Key Personnel
  • Commission Chair
    • Mr. Milton Gilliam, Oklahoma
  • Executive Director
    • Mr. Harry Hageman
  • General Counsel
    • Mr. Richard L. Masters, Esq.
interstate compact legislation
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?

authority of the interstate compact
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
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
Purpose of ICAOS
  • Promote Public Safety
  • Protect the Rights of Victims
  • Effective Supervision/Rehabilitation
  • Control Movement of Offenders
  • Provide for Effective Tracking
mission
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.

state structure
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.
interstate compacts
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 compacts14
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
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
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.
rulemaking power
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
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
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
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
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
empowerment
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
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
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
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?
council members should
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.
council members cont d
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
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
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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