1. ICAOS State Council Presentation
[Revision 3/1/2016]

2. Contact Interstate Commission for Adult Offender Supervision
836 Euclid Avenue
Lexington KY (859) Phone (859) Fax
Commission Website

4. Key Personnel Commission Chair Executive Director General Counsel
Sara Andrews, Ohio
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?
States just don’t decide to be a member of the interstate compact, they actually each enacted legislation to enable the Interstate Compact. Therefore all jurisdictions within your state are subject to the rules and must enforce the compact. It’s law.
The rules are a framework for all states to work with. The rules are not intended to impact Judicial sentencing, only the transfer process, the supervision of the offender in another state and the return of an offender in violation.

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
Since all states and three territories are members, this creates a national governing body which allows for the member to collaboratively make rules to be enforced universally and allows for enforcement of compliance.

8. Purpose of ICAOS Promote Public Safety Protect the Rights of Victims
Effective Supervision/Rehabilitation
Control Movement of Offenders
Provide for Effective Tracking
All are done in accordance with cooperation and communication sharing offender information as individuals on supervision relocate to another state outside of the jurisdiction of the state where they committed a crime and were adjudicated.

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;
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.

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
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?