interstate compact; adult
offender supervision
SB 1008 authorizes and directs the Governor to enter into a compact with any of the United States or territories regarding adult offender supervision, and specifies the purpose, procedures and design of the agreement.
Congress grants authority to the States into agreements or compacts for the purpose of crime prevention and for enforcement of criminal laws and policies. This includes establishing any agencies needed to make such agreements or compacts effective.
The Joint Legislative Budget Committee estimates that the cost of the proposed bill ranges from $23,000 to $38,000, possibly beginning in FY 2003.
· Authorizes and directs the Governor to enter into an interstate compact on behalf of the State of Arizona with any of the United States in a form substantially as follows:
Article I - Purpose
·
Makes a general statement of purpose.
·
Stipulates that accredited officers of a sending State
may at all times enter a receiving State and apprehend and retain any offender
under supervision subject to the provisions of the compact.
Article II - Definitions
· Defines the terms adult, bylaws, Compact Administrator, compacting State, Commissioner, Interstate Commission, member, offender, person, rules, State and State Council.
Article III - The Compact Commission
·
Creates the Interstate Commission for Adult Offender
Supervision (Commission).
· Establishes the following powers and duties for the Commission:
1. The power to sue and be sued.
2. Any additional powers that may be conferred upon it by subsequent legislative action of compacting States.
·
Designates the membership of the Commission and
establishes voting procedures.
·
Stipulates that the Commission shall meet at least once
each calendar year, and that additional meetings may be called by the
chairperson or upon request of twenty-seven of the compacting States.
· Provides for the establishment, membership, powers and duties of an executive committee.
.
Article IV – The State Council
·
Requires Arizona to create a State Council to appoint a
representative from Arizona to the Commission.
·
Designates the membership of the State Council, and
provides that the council shall be involved in the development of policy
concerning the operations and procedures of the Compact within Arizona.
Article V – Powers and Duties of the
Interstate Commission
·
Specifies the following powers and duties of the
Interstate Commission.
1. To adopt a seal and suitable bylaws governing the management and operation of the commission.
2. To establish rules and take actions consistent with the compact.
3. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of the compact and any rules or bylaws adopted by the Compact Commission.
4. To enforce compliance with Compact provisions and Commission rules and bylaws.
5. To establish and maintain offices.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept or contract for services of personnel.
8. To establish and appoint committees and hire the appropriate staff.
9. To elect or appoint such officers, attorneys, employees, agents, or consultants, to fix their compensation, to define their duties, and to determine their qualifications.
10. To accept any and all donations and grants.
11. To lease, purchase, accept contributions of, or otherwise dispose of any property.
12. To establish a budget, make expenditures and levy dues.
13. To sue and be sued.
14. To provide for dispute resolution.
15. To perform such functions as may be necessary to achieve the purposes of this compact.
16. To report annually to the various branches of the State governments of the compacting States.
17. To coordinate education, training and public awareness regarding the interstate movement of offenders.
18. To establish uniform standards for reporting, collecting and exchanging data.
Article VI – Organization and Operation of
the Interstate Commission
·
Establishes the procedures by which the Interstate
Commission is to organize and operate.
·
Stipulates what bylaws, procedures and rules the
Commission is to adopt.
·
Specifies what officers and staff are to be appointed
or elected and the procedure by which this is to be done.
·
States that the members, officers, executive director
and employees shall be immune from suit and liability for any claim for damage
to or loss of property or personal injury resulting from actions that occurred
within the scope of Interstate Commission duties or responsibilities.
·
Stipulates that the Interstate Commission shall hold
the Commissioner of a compacting State, the appointed designee or employees, or
the Interstate Commission’s representatives or employees, harmless in the
amount of any settlement or judgement obtained against such persons arising
from any actions that occurred within the scope of employment duties or
responsibilities.
Article VII – Activities of the Interstate
Commission
·
Requires the Interstate Commission to meet and take
actions consistent with compact provisions.
·
Stipulates that in order to act, the Commission must
give an affirmative vote by a majority of the members present.
·
Specifies voting procedures and meeting requirements.
·
Requires the establishment of conditions and procedures
for making Commission information and official records available to the public
for inspection or copying. Allows for certain exemptions.
·
Requires public notice of all meetings and that all
meetings be open to the public. Allows
for certain exemptions.
·
States that the Interstate Commission shall collect
standardized data concerning the interstate movement of offenders.
Article VIII – Rule-Making Functions of the
Interstate Commission
·
Requires the Interstate Commission to adopt rules and
establishes procedures for adopting rules.
·
Allows any interested person who believes an adopted
rule is unlawful to petition the Commission to change the rule.
·
Requires the following issues be addressed within twelve
months after the first meeting:
1. Notice to victims and an opportunity to be heard.
2. Offender registration and compliance.
3. Violations and returns.
4. Transfer procedures and forms.
5. Eligibility for transfer.
6. Collection of restitution and fees from offenders.
7. Data collection and reporting.
8. The level of supervision to be provided by the receiving State.
9. Transition rules governing the operation of the Compact and the operation of the Commission during all or part of the period between the date of the Compact and the date on which the last eligible State adopts the Compact.
10. Mediation, arbitration and dispute resolution among compacting States.
·
Stipulates that the previous compact superseded by this
compact shall be null and void twelve months after the first meeting of the
Interstate Commission
Article IX – Oversight, Enforcement, and
Dispute Resolution by the Interstate Commission
·
Designates the Commission’s oversight function
regarding the interstate movement of adult offenders.
·
Specifies the manner in which the Commission is to
perform mediation and dispute resolution.
·
Stipulates that the Commission shall enforce the
provisions of the compact using any and all means set forth in the compact.
Article X – Finance
·
Requires that the Interstate Commission to pay for or
provide for the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
·
Stipulates that the Interstate Commission shall collect
an annual assessment from each compacting state to cover its costs. The annual assessment for each State shall
be allocated based on a formula taking into consideration the State’s
population and the volume of interstate movement of offenders in each
compacting State.
·
Specifies that Arizona’s assessment shall not exceed
$25,000 per year unless approved by the State Council and appropriated by the
State Legislature.
Article XI – Compacting States, Effective
Date and Amendment
·
Makes that any State or U.S territory eligible to
become a compacting State.
·
Stipulates that the Compact shall become effective and
binding upon legislative enactment by at least thirty-five States.
·
Specifies that the Governors of nonmember States or
their designees will be invited to participate in Commission activities on a
nonvoting basis prior to adoption of the Compact by all States and territories.
·
Specifies the process for amending the Interstate
Compact.
Article XII -Withdrawal, Default,
Termination and Judicial Enforcement
·
States that a member State may only withdraw from the
Compact by repealing the statute which enacts the Compact.
·
Makes a withdrawing State responsible for any
assessments, obligations and liabilities incurred through the effective date of
withdrawal, including any obligations which extend beyond the effective date of
withdrawal.
·
Provides for a State to be reinstated to the Interstate
Compact.
·
Specifies penalties the Commission may impose upon a
State that has defaulted or failed to perform its obligations or
responsibilities under to the Compact.
·
Stipulates that a State may be terminated from the
Compact if it fails to remedy its default and if a majority of the compacting
States vote in favor of the termination.
·
States that the Commission may initiate legal action in
the U.S. District Court for the
District of Columbia or in the Federal District where the Interstate Commission
has its offices in order to enforce compliance with the provisions of the
Compact, Commission rules and
bylaws. Such a legal action requires
the authorization of a majority vote of the member States. Also provides that should legal action be
taken, the prevailing party shall be awarded all costs of such litigation
including attorneys’ fees.
·
Provides that the Compact dissolves when the withdrawal
or default of a compacting State reduces the membership in the Compact to one
compacting State.
·
Stipulates that upon dissolution of the Compact, any
surplus funds shall be distributed in accordance with the bylaws.
Article XIII - Severability and
Construction
· Provides that should any portion of the Compact be deemed unenforceable, the remaining provisions of the compact shall be enforceable.
Article XIV – Effect of Compact
· States that the Compact does not diminish the Constitutional authority of the Arizona Legislature.
· Allows any party to a conflict regarding the meaning or interpretation of an action by the Commission to request a hearing. Upon a majority vote of the compacting States, the Commission may issue an advisory opinion regarding such meaning or interpretation.
· Provides for the notification by Arizona judicial or administrative authorities to the Compact Administrator of the sending State if retaking or reincarceration for a parole or probation violation should be considered. This consideration requires a hearing before the notification may be sent unless the parolee or probationer waives the hearing.
· Allows the appropriate officers of Arizona to take custody of and detain a parolee or probationer before a hearing pursuant to the Compact.
· Stipulates which hearing officer may preside over hearings pursuant to the Compact.
· Designates rights that are reserved to a parolee or probationer with respect to any hearing pursuant to the Compact.
· Authorizes any appropriate judicial or administrative officer of another State to hold a hearing on alleged violations. The hearing shall carry the same effect as if it had occurred in Arizona.
· Provides that any person being supervised in Arizona pursuant to this article shall pay a monthly supervision fee as a condition of probation. This fee shall be at least $30 unless the person is unable to pay the fee, in which case the supervising agency shall require a lesser payment.
· Provides that Compact supervision fees shall be deposited into the Victim Compensation and Restitution Fund.
Legislative Intent
· States that the Interstate Compact for the Supervision of Adult Offenders shall replace the Interstate Compact for Supervision of Parolees and Probationers.
· Requires the Supreme Court to notify the Governor, President of the Senate, Speaker of the House of Representatives and Executive Director of the Legislative Council when the Compact takes effect.
SB 1008 passed the Judiciary Committee
unamended.
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45th Legislature
First Regular Session 7 March
28, 2001
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