Transcript Slide 1

ICAOS State Council
Presentation
[Revision 3/1/2014]
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
• Commission Chair
– Mr. Milton Gilliam, Oklahoma
• Executive Director
– Mr. Harry Hageman
• General Counsel
– Mr. Richard L. Masters, Esq.
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
• 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
• 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.
Governor
Representative
Legislative
Representative
Judicial
Representative
Victim’s
Advocate
Other Appointed
Members
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
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.
• 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?