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

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

2. 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

3. www.interstatecompact.org

4. Key Personnel • Commission Chair • Mr. Milton Gilliam, Oklahoma • Executive Director • Mr. Harry Hageman • General Counsel • Mr. Richard L. Masters, Esq.

5. 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?

6. 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.

7. 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

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

9. 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.

10. National Structure

11. 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.

12. Legal

13. 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.

14. 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.

15. 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.

16. 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.

17. Rules

18. 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.

19. 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

20. 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),

21. Who Is Covered? • Certain misdemeanants • Offenders subject to deferred sentences • Suspended Imposition of Sentence • Suspended Execution of Sentence • All Felons • Juveniles tried as adults

22. 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

23. Forming State Councils

24. 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.

25. 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.

26. 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.

27. 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?

28. State Council Member’s Role

29. 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.

30. 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.

31. 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

32. 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

33. Questions?