ARIZONA STATE SENATE
Phoenix, Arizona
interstate
compact; adult offender supervision
Updates the existing Parole and Probation Interstate Compact (the Compact).
The existing Parole and Probation Interstate Compact was created in 1937 when far fewer offenders were supervised outside of the states where they were sentenced. According to the Council of State Governments, over a quarter of a million parolees and probationers are now supervised under the Compact, a compact viewed by the Council as outdated. The intent of the new Compact is to address issues related to victims, supervision and enforcement.
Thirty-five states and territories must pass the Compact before it may take effect. Twenty-eight states have signed the Compact into law. The first 35 participating states will be able to assist in the administrative, by-law and rulemaking decisions.
According to the Administrative Office of the Courts (AOC), Arizona is currently supervising 1,297 offenders from other states while over 1,797 Arizona probationers are being supervised in other states.
There is no anticipated fiscal impact to the state general fund associated with this legislation.
Interstate Commission for Adult
Offender Supervision
1. Establishes the Interstate Commission for Adult Offender Supervision (the Commission).
2. Outlines duties and powers of the Commission.
3. Delineates the selection of commissioners and members.
4. Allows one vote per each compacting state.
5. Establishes meeting and quorum requirements.
6. Creates an executive committee to act on behalf of the Commission to oversee day-to-day activities of the Commission and to perform other duties.
7. Requires each compacting state to create a State Council (Council) for Interstate Adult Offender Supervision to appoint that state's interstate commissioner.
8. Establishes membership of the Council, including two legislators, one victim's advocate, the deputy compact administrators of the Arizona Department of Corrections and the AOC, a judge, a sheriff, and any other member as determined by the Council.
9. Stipulates that the Council's role is oversight and advocacy of Arizona's participation in the Commission activities and other duties as determined by the Council's members.
10. Permits the Commission to take certain actions, including, but not limited to:
a) Adopting suitable by-laws.
b) Promulgating rules.
c) Overseeing, supervising and coordinating interstate movement of offenders subject to the Compact.
d) Establishing a budget.
e) Providing for dispute resolution among compacting states.
f) Coordinating education, training and public awareness regarding interstate movement of offenders.
g) Establishing uniform standards for the reporting, collecting and exchanging of data.
Organization and Operation of the
Interstate Commission
11. Requires the Interstate Commission to adopt bylaws including specified information.
12. Outlines election of chairperson and appointment of an executive director.
13. Provides immunity from suit and liability to members, officers, the executive director and employees of the Interstate Commission in specified circumstances.
14. Requires the Interstate Commission to defend a state’s commissioner in any civil action occurring within the scope of Interstate Commission employment in specified circumstances.
15. Specifies requirements for votes of the Interstate Commission.
16. Requires public notice of all meetings as specified.
17. Permits a meeting to be closed to the public when determined to meet certain conditions as determined by a two-thirds vote of the Interstate Commission.
18. Requires the Interstate Commission to publish proposed rules, allow submission of written data, opinions and arguments and provide an opportunity for an informal hearing.
19. Permits any interested person, not later than 60 days after a rule is promulgated, to file a petition for judicial review.
20. Requires the Interstate Commission to address within 12 months after the first meeting 10 specific topics, which include notice to victims, eligibility for transfer and the level of supervision to be provided by the receiving state.
21. Requires the Interstate Commission to levy on and collect an annual assessment from each compacting state to cover the cost of internal operations and activities.
22. Requires the assessment to be determined based upon a formula that considers the population of a state and the volume of interstate movement of offenders in each compacting state.
23. Limits Arizona’s assessment to $25,000 per year unless approved by the State Council and appropriated by the Legislature.
24. Becomes effective upon legislative enactment by 35 states.
25. Restricts effectiveness of amendments to the Compact until enacted into law by unanimous consent of the compacting states.
26. Permits a state to enact a statute repealing that state’s participation in the Compact.
27. Authorizes the Interstate Commission to impose fingerprinting requirement on a state or to suspend and terminate membership in the Compact.
28. Provides procedures and time limits for the provision of hearing and notice regarding reincarceration for a parole or probation violation.
29. Specifies that hearing rights of a parolee or probationer.
30. Requires a person being supervised in Arizona pursuant to this act to pay a monthly supervision fee of at least $30 unless, after a determination of inability to pay, the supervising agency requires payment of a lesser amount.
31. Requires the collected monthly supervision fee to be deposited in the Victim Compensation and Assistance Fund.
32. States the purpose of the Compact is:
a) Providing the framework for the promotion of public safety and protecting the rights of victims through the control and regulation of the interstate movement of offenders in the community.
b) Providing for tracking, supervision and rehabilitation of offenders by the sending and receiving states.
c) Distributing equitably the costs, benefits and obligations of the Compact among Compact states.
33. Specifies the Compact does not diminish the Constitutional authority of the Arizona Legislature.
34. Prohibits the Compact from being contrary to any Arizona law.
35. Authorizes duly accredited officers of a sending state to enter a receiving state for the purpose of apprehending a person on parole or probation.
36. Contains definitions.
37. Becomes effective upon ratification by 35 states.
JUD 1/22/02 DPA 10-0-0-0
PIRA 2/5/02 DP 6-4-0-0
3rd Read 4/4/02 55-0-5-0
Prepared by Senate Staff
April 15, 2002