Brief ⁽¹⁾

HB 3025 would create the Interstate Compact of Adult Offender Supervision, a compact between states to replace the existing Parole and Probation Interstate Compact. HB 3025 would establish an Interstate Commission to promulgate new rules and regulations binding the compact states relating to the interstate movement of offenders. A State Council will be created to exercise oversight and advocacy on behalf of the state in the national Interstate Commission, which will also be created by the compact. The State Council will be comprised of: two members appointed by the President of the Senate; two members appointed by the Senate Minority Leader; two members appointed by the Speaker of the House; two members appointed by the House Minority Leader; four members appointed by the Chief Justice of the Supreme Court; four members appointed by the Governor; and four members appointed by the Attorney General representing crime victims groups. State Council members will serve four-year terms. The Governor appoints a compact administrator to administer the state's participation, who will also serve as a member of the 21-member State Council. The State Council elects the state commissioner to serve as the state representative on the national Interstate Commission.

The Interstate Compact will take effect and replace the existing compact in states where the new compact is enacted, either on July 1, 2002, or upon enactment into law by 35 jurisdictions. Following enactment, the national Interstate Commission will establish within 12 months new rules and regulations regarding adult supervisors, but at a minimum, they must include the following:

• notice to victims and opportunity to be heard;



• offender registration and compliance;



• violations/returns;



• transfer procedures and forms;



• eligibility for transfer;



• collection of restitution and fees from offenders;



• data collection and reporting;



• level of supervision to be provided by the receiving state;



• transitional rules until the last eligible jurisdiction adopts the compact.

The national Interstate Commission will have the authority to impose penalties to enforce compliance with provisions of the compact including, fines, fees, and costs; training and assistance; suspension or termination of membership; or legal action in federal court. The rules and by-laws of the compact are binding, unless in conflict with existing constitutional limitations in the compacting state.

HB 3025 further details the governing organization, policies, procedures, duties, and responsibilities of the national Interstate Commission office, the national executive committee, and procedures for amendment or termination of the compact. Compact states may terminate their participation at any time by repealing the enacting statute. The Interstate Commission will be funded by the compacting states based on a formula accounting for population and the volume of interstate movement of offenders.

Background

HB 3025 was introduced by the Committee on Appropriations. The Department of Corrections testified before a subcommittee and expressed concerns about the fiscal impact of the compact and future costs associated with any future information technology requirements. The fiscal impact of HB 3025 as estimated by the Division of the Budget is between $25,500 and $40,000 in FY 2002. The cost is estimated by the National Institute for Corrections based on a formula for each state's population and number of offenders currently supervised by other states.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html