HB2338 - 452R - House Bill Summary

House of Representatives

HB 2338

interstate compact; adult offender supervision

Sponsors: Representatives Voss, Brotherton, Senator Smith

dpa	Committee on Judiciary
dp	Committee on Public Institutions & Rural Affairs
DPA	Committee on Appropriations
DPA	Caucus and COW
X	Third Read
	As Passed the House

HB 2338 establishes a new interstate compact on adult offender supervision, including a national commission that may impose sanctions on compacting states that do not comply with the provisions of the compact.

Current Status

As amended in the Judiciary Committee, the bill caps the Interstate Commission’s annual assessment on Arizona at $25,000 unless an increase is approved by the Arizona State Council and the monies are appropriated by the Legislature. The Judiciary Committee amendment also specifies that the compact does not impact the Arizona Legislature’s constitutional authority and rules adopted by the Interstate Commission are binding on Arizona only to the extent that they do not conflict with Arizona law.

HB 2338 passed the Public Institutions & Rural Affairs Committee unamended.

As amended in the Appropriations Committee, language is clarified by stating that compacting states recognize that no offender may live in another state unless acceptance criteria has been met.

The Appropriations Committee amendment, Rules amendment and a substitute Judiciary Committee amendment that made the same changes as the Judiciary Committee amendment with some additional technical changes were adopted in the Committee of the Whole.

History

Arizona enacted the Interstate Compact for the Supervision of Parolees and Probationers in 1937. The current compact provides requirements for sending states and receiving states to follow when supervising parolees and probationers. Twenty-four states have adopted the new compact thus far.

Provisions

Interstate Commission

· Establishes an Interstate Commission for Adult Offender Supervision to prepare uniform procedures to manage the interstate movement of adult parolees and probationers. This national Commission consists of Commissioners, one to be selected by each State Council. The Commissioners are the voting members of the Interstate Commission. The Commission will also consist of nonvoting members. The non-Commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, crime victims and other nonvoting members as specified in the Commission’s bylaws. The Commission must meet at least once each calendar year.

Executive Committee

· Requires the Commission to establish an Executive Committee that includes Commission officers, members and others as determined by the bylaws. The Executive Committee acts on behalf of the Commission when the Commission is not in session, but may not make rules or amend the Compact.

· Mandates that the Committee oversee the day to day operations managed by the Executive Director and Interstate Commission staff, administer enforcement and compliance with the compact, the Commission’s bylaws and other duties as established by the Commission.

State Council

· Requires each compacting state to create a State Council for Interstate Adult Offender Supervision to appoint that state’s Interstate Commissioner. The Commissioner must be the state compact administrator or designee.

· Establishes membership in the State Council including two legislators, one appointed by the Speaker and one appointed by the President of the Senate; one victim’s advocate appointed by the Governor; the deputy compact administrator of the Arizona Department of Corrections (ADC) appointed by the Director of ADC; the Deputy Compact Administrator of AOC appointed by Director of AOC; one judge appointed by the Chief Justice; one sheriff appointed by the Arizona Sheriff’s Association and any member as determined by the State Council.

· Stipulated that the Council’s role is oversight and advocacy of Arizona’s participation in Interstate Commission activities and policy development for operations and procedures of the compact in Arizona.

Commission’s Rulemaking Functions

· Requires the Interstate Commission to make rules to achieve the purposes of the compact. The compact allows any person to file a petition for judicial review of a proposed Commission rule in the United States District Court for the District of Colombia or in the Federal District Court where the Commission’s principal office is located.

· Requires the Commission’s rules to contemplate input from and timely notice to victims and jurisdictions where offenders may travel or relocate to across state lines. The rules must also address data collection, compliance with the compact rules and intervention to address and correct noncompliance.

Finance

· Requires the Commission to levy and collect an annual assessment from each compacting state.

Effective Date

· The compact initially becomes effective upon enactment by 35 states or July 1, 2001, whichever is later.

· Stipulates that future compact amendments must be approved unanimously by compacting states.

Withdrawal, default, termination and judicial enforcement

· Authorizes a compacting state to withdraw from the compact by repealing the statute that enacted the compact into law.

· Authorizes the Commission to determine whether a compacting state is complying with compact obligations.

· Authorizes the Commission to impose fines, training, technical assistance, or suspension and termination of membership in the compact if a compacting state is not complying with compact obligations.

Other provisions

· States that the compact is binding upon compacting states and governs interstate supervision of adult offenders notwithstanding any other Arizona law.

· Establishes procedures for retaking of an offender by a sending state, providing notice and a hearing, as well as a supervision fee of $30 to be paid by a person being supervised in Arizona.

· Specifies that the proposed compact supersedes the old compact upon adoption by the Legislature.

HB 2338 was amended in the Judiciary Committee as follows:

· Mandates that Arizona’s annual assessment as a compacting state will not exceed $25,000 per year unless approved by the State Council and appropriated by Legislature.

· Specifies that the compact does not diminish the constitutional authority of the Arizona Legislature.

· States that rules adopted by the Interstate Commission are binding on Arizona only to the extent that they do not conflict with Arizona law.

HB 2338 was amended in the Appropriations Committee as follows:

· Specifies that compacting states recognize that no offender may live in another state when accepting criteria that has been established has not been met.

· States that rules adopted by Interstate Commission shall take action consistent with statutory law.

The Appropriations Committee amendment was adopted in the Committee of the Whole.

A substitute amendment to the Judiciary Committee amendment was adopted in the Committee of the Whole and does the following: