TRULY AGREED
HB 1321 -- INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
This bill establishes the Interstate Compact for Adult Offender
Supervision. Under this compact, an interstate commission is
created. The commission's duties include establishing uniform
procedures to manage the movement of adult offenders under
community supervision between participating states; ensuring the
opportunity for input and providing a timely notice to victims
and jurisdictions where offenders are authorized to travel or
relocate across state lines; establishing a uniform data
collection system; monitoring compliance of interstate movement
of offenders and initiating interventions to address
noncompliance; and coordinating training programs regarding
interstate movement for officials involved in such activities.
Each compacting state is responsible for supervision of adult
offenders in its communities who are authorized by the compact
to travel across state lines. Such responsibilities include
tracking the location of offenders, transferring supervision,
and returning offenders to originating jurisdictions.
The bill contains articles necessary to be followed for the
establishment of the compact and the commission. The articles
include:
(II) DEFINITIONS
(III) THE COMPACT COMMISSION
The commission and an executive committee are created.
(IV) THE STATE COUNCIL
Each member state will create a state council. Each state
determines the membership of its own council, but all 3 branches
of government must be represented. The state council will
appoint a commissioner to the interstate commission and exercise
oversight concerning the state's participation in interstate
commission activities.
(V) POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The powers and duties of the commission include adopting a seal
and suitable by-laws for the management and operation of the
commission; promulgating rules; supervising the movement of
offenders; enforcing compliance; appointing committees and
hiring staff deemed necessary for the operation of the
commission; establishing a budget; reporting annually to all
branches of government; and coordinating training for commission
officials.
(VI) ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Within 12 months of its inception, the commission must adopt all
rules necessary to carry out the purposes of the compact, elect
officers, and maintain records.
(VII) ACTIVITIES OF THE INTERSTATE COMMISSION
The commission will meet at least once a year or at any time at
the request of a majority of its members. All meetings are
public and notice must be given prior to all meetings; but under
certain circumstances, the commission is given the authority to
close its meetings. All official records of the commission will
be made public, excluding those which would adversely affect
personal privacy rights or proprietary interests.
(VIII) RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
Rulemaking is required to substantially conform to the Federal
Procedure Act and the Federal Advisory Committee Act. A
majority of the state legislatures of the compacting states may
overturn rules by the enactment of a statute or resolution.
(IX) OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
The commission will oversee the movement of adult offenders in
the compacting states. The courts and executive agencies of
compacting states will enforce the compact, and the compacting
states will report to the commission on issues concerning them.
When disputes arise between compacting states, it will be the
duty of the commission to resolve them.
(X) FINANCE
The commission will levy and collect an annual assessment from
each compacting state. The aggregate assessment will be based
on a formula established by rule. The commission may not incur
any obligations prior to securing funds and cannot pledge the
credit of any compacting state.
(XI) COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
The compact becomes effective and binding upon legislative
enactment of the compact law by no less than 35 states. The
effective date will be the later of July 1, 2001, or the
enactment into law by the thirty-fifth state. Amendments to the
compact law may be offered by compacting states, and no
amendment will become effective unless it is enacted into law by
unanimous consent of the compacting states.
(XII) WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Withdrawal from the compact may be done by any state repealing
the statute which enacted the compact law. The effective date
of the withdrawal is the effective date of the repeal. The
commission must be notified upon the introduction of legislation
for withdrawal. The commission must notify other compacting
states of the withdrawing state's intent.
The grounds for default include failure to perform obligations
or responsibilities imposed by the compact, by-laws, or
promulgated rules. A time period specified by the commission
gives the defaulting state a right to cure on the default.
Failing to do so, the defaulting state's membership may be
terminated by a majority vote of the other compacting states.
The commission has the authority to initiate legal action in
federal court against any defaulting state when it deems it
necessary.
(XIII) SEVERABILITY AND CONSTRUCTION
Provisions of the compact are severable and must be liberally
construed.
(XIV) BINDING EFFECT OF COMPACT AND OTHER LAWS
Nothing in the compact prevents the enforcement of other laws of
compacting states that are not inconsistent with the compact.
Compacting states' laws conflicting with the compact are
superseded. All lawful actions of the commission are binding on
the compacting states, and all agreements between the commission
and compacting states are binding.
PERFECTED
HB 1321 -- INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
(Relford)
This bill establishes the Interstate Compact for Adult Offender
Supervision. Under this compact, an interstate commission is
created. The commission's duties include establishing uniform
procedures to manage the movement of adult offenders under
community supervision between participating states; ensuring the
opportunity for input and providing a timely notice to victims
and jurisdictions where offenders are authorized to travel or
relocate across state lines; establishing a uniform data
collection system; monitoring compliance of interstate movement
of offenders and initiating interventions to address
noncompliance; and coordinating training programs regarding
interstate movement for officials involved in such activities.
Each compacting state is responsible for supervision of adult
offenders in its communities who are authorized by the compact
to travel across state lines. Such responsibilities include
tracking the location of offenders, transferring supervision,
and returning offenders to originating jurisdictions.
The bill contains articles necessary to be followed for the
establishment of the compact and the commission. The articles
include:
(II) DEFINITIONS
(III) THE COMPACT COMMISSION
The commission and an executive committee are created.
(IV) THE STATE COUNCIL
Each member state will create a state council. Each state
determines the membership of its own council, but all three
branches of government must be represented. The state council
will appoint a commissioner to the interstate commission and
exercise oversight concerning the state's participation in
interstate commission activities.
(V) POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The powers and duties of the commission include adopting a seal
and suitable by-laws for the management and operation of the
commission; promulgating rules; supervising the movement of
offenders; enforcing compliance; appointing committees and
hiring staff deemed necessary for the operation of the
commission; establishing a budget; reporting annually to all
branches of government; and coordinating training for commission
officials.
(VI) ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Within 12 months of its inception, the commission must adopt all
rules necessary to carry out the purposes of the compact, elect
officers, and maintain records.
(VII) ACTIVITIES OF THE INTERSTATE COMMISSION
The commission will meet at least once a year or at any time at
the request of a majority of its members. All meetings are
public and notice must be given prior to all meetings; but under
certain circumstances, the commission is given the authority to
close its meetings. All official records of the commission will
be made public, excluding those which would adversely affect
personal privacy rights or proprietary interests.
(VIII) RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
Rulemaking is required to substantially conform to the Federal
Procedure Act and the Federal Advisory Committee Act. A
majority of state legislatures of the compacting states may
overturn rules by the enactment of a statute or resolution.
(IX) OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
The commission will oversee the movement of adult offenders in
the compacting states. The courts and executive agencies of
compacting states will enforce the compact and the compacting
states will report to the commission on issues concerning them.
When disputes arise between compacting states, it will be the
duty of the commission to resolve them.
(X) FINANCE
The commission will levy and collect an annual assessment from
each compacting state. The aggregate assessment will be based
on a formula established by rule. The commission may not incur
any obligations prior to securing funds and cannot pledge the
credit of any compacting state.
(XI) COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
The compact becomes effective and binding upon legislative
enactment of the compact law by no less than 35 states. The
effective date will be the later of July 1, 2001, or the
enactment into law by the thirty-fifth state. Amendments to the
compact law may be offered by compacting states and no amendment
will become effective unless it is enacted into law by unanimous
consent of the compacting states.
(XII) WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Withdrawal from the compact may be done by any state repealing
the statute which enacted the compact law. The effective date
of the withdrawal is the effective date of the repeal. The
commission must be notified upon the introduction of legislation
for withdrawal. The commission must notify other compacting
states of the withdrawing state's intent.
The grounds for default include failure to perform obligations
or responsibilities imposed by the compact, by-laws, or
promulgated rules. A time period specified by the commission
gives the defaulting state a right to cure on the default.
Failing to do so, the defaulting state's membership may be
terminated by a majority vote of the other compacting states.
The commission has the authority to initiate legal action in
federal court against any defaulting state when it deems
necessary.
(XIII) SEVERABILITY AND CONSTRUCTION
Provisions of the compact are severable and must be liberally
construed.
(XIV) BINDING EFFECT OF COMPACT AND OTHER LAWS
Nothing in the compact prevents the enforcement of other laws of
compacting states that are not inconsistent with the compact.
Compacting states' laws conflicting with the compact are
superseded. All lawful actions of the commission are binding on
the compacting states and all agreements between the commission
and compacting states are binding.
FISCAL NOTE: No impact on state funds.
COMMITTEE
HB 1321 -- INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
CO-SPONSORS: Relford, Crump, Seigfreid, Gratz, Graham (106),
Kreider, Gaw
COMMITTEE ACTION: Voted "do pass" by the Committee on
Correctional and State Institutions by a vote of 15 to 0.
This bill establishes the Interstate Compact for Adult Offender
Supervision. Under this compact, an interstate commission is
created. The commission's duties include establishing uniform
procedures to manage the movement of adult offenders under
community supervision between participating states; ensuring the
opportunity for input and providing a timely notice to victims
and jurisdictions where offenders are authorized to travel or
relocate across state lines; establishing a uniform data
collection system; monitoring compliance of interstate movement
of offenders and initiating interventions to address
noncompliance; and coordinating training programs regarding
interstate movement for officials involved in such activities.
Each compacting state is responsible for supervision of adult
offenders in its communities who are authorized by the compact
to travel across state lines. Such responsibilities include
tracking the location of offenders, transferring supervision,
and returning offenders to originating jurisdictions.
The bill contains articles necessary to be followed for the
establishment of the compact and the commission. The articles
include:
(II) DEFINITIONS
(III) THE COMPACT COMMISSION
The commission and an executive committee are created.
(IV) THE STATE COUNCIL
Each member state will create a state council. Each state
determines the membership of its own council, but all three
branches of government must be represented. The state council
will appoint a commissioner to the interstate commission and
exercise oversight concerning the state's participation in
interstate commission activities.
(V) POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The powers and duties of the commission include adopting a seal
and suitable by-laws for the management and operation of the
commission; promulgating rules; supervising the movement of
offenders; enforcing compliance; appointing committees and
hiring staff deemed necessary for the operation of the
commission; establishing a budget; reporting annually to all
branches of government; and coordinating training for commission
officials.
(VI) ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Within 12 months of its inception, the commission must adopt all
rules necessary to carry out the purposes of the compact, elect
officers, and maintain records.
(VII) ACTIVITIES OF THE INTERSTATE COMMISSION
The commission will meet at least once a year or at any time at
the request of a majority of its members. All meetings are
public and notice must be given prior to all meetings; but under
certain circumstances, the commission is given the authority to
close its meetings. All official records of the commission will
be made public, excluding those which would adversely affect
personal privacy rights or proprietary interests.
(VIII) RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
Rulemaking is required to substantially conform to the Federal
Procedure Act and the Federal Advisory Committee Act. A
majority of state legislatures of the compacting states may
overturn rules by the enactment of a statute or resolution.
(IX) OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
The commission will oversee the movement of adult offenders in
the compacting states. The courts and executive agencies of
compacting states will enforce the compact and the compacting
states will report to the commission on issues concerning them.
When disputes arise between compacting states, it will be the
duty of the commission to resolve them.
(X) FINANCE
The commission will levy and collect an annual assessment from
each compacting state. The aggregate assessment will be based
on a formula established by rule. The commission may not incur
any obligations prior to securing funds and cannot pledge the
credit of any compacting state.
(XI) COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
The compact becomes effective and binding upon legislative
enactment of the compact law by no less than 35 states. The
effective date will be the later of July 1, 2001, or the
enactment into law by the thirty-fifth state. Amendments to the
compact law may be offered by compacting states and no amendment
will become effective unless it is enacted into law by unanimous
consent of the compacting states.
(XII) WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Withdrawal from the compact may be done by any state repealing
the statute which enacted the compact law. The effective date
of the withdrawal is the effective date of the repeal. The
commission must be notified upon the introduction of legislation
for withdrawal. The commission must notify other compacting
states of the withdrawing state's intent.
The grounds for default include failure to perform obligations
or responsibilities imposed by the compact, by-laws, or
promulgated rules. A time period specified by the commission
gives the defaulting state a right to cure on the default.
Failing to do so, the defaulting state's membership may be
terminated by a majority vote of the other compacting states.
The commission has the authority to initiate legal action in
federal court against any defaulting state when it deems
necessary.
(XIII) SEVERABILITY AND CONSTRUCTION
Provisions of the compact are severable and must be liberally
construed.
(XIV) BINDING EFFECT OF COMPACT AND OTHER LAWS
Nothing in the compact prevents the enforcement of other laws of
compacting states that are not inconsistent with the compact.
Compacting states' laws conflicting with the compact are
superseded. All lawful actions of the commission are binding on
the compacting states and all agreements between the commission
and compacting states are binding.
FISCAL NOTE: No impact on state funds.
PROPONENTS: Supporters say that with the number of persons on
probation and parole in Missouri and throughout the United
states, it is necessary to devise a system of tracking these
people. Many cross state lines to work. Others go to other
states to live with relatives and in many cases the states don't
even know that they have probationers and parolees from other
states working or residing there. This is a nationwide program
and it is a chance for Missouri to be one of the first states to
get on board, thereby being one of the states that helps
determine the policies of the compact.
Testifying for the bill were Representative Relford; and
Department of Corrections.
OPPONENTS: There was no opposition voiced to the committee.
Bob Dominique, Legislative Analyst
INTRODUCED
HB 1321 -- Interstate Compact for Adult Offender Supervision
Co-Sponsors: Relford, Crump, Graham (106), Seigfreid, Kreider,
Gratz, Gaw
This bill establishes the Interstate Compact for Adult Offender
Supervision. Under this compact, an interstate commission is
created. The commission's duties include establishing uniform
procedures to manage the movement of adult offenders under
community supervision between participating states; ensuring the
opportunity for input and providing a timely notice to victims
and jurisdictions where offenders are authorized to travel or
relocate across state lines; establishing a uniform data
collection system; monitoring compliance of interstate movement
of offenders and initiating interventions to address
noncompliance; and coordinating training programs regarding
interstate movement for officials involved in such activities.
Each compacting state is responsible for supervision of adult
offenders in their communities who are authorized by the compact
to travel across state lines. Such responsibilities include
tracking the location of offenders, transferring supervision,
and returning offenders to originating jurisdictions.
The bill contains articles necessary to be followed for the
establishment of the compact and the commission. The articles
include:
(II) DEFINITIONS
(III) THE COMPACT COMMISSION
The commission and an executive committee are created.
(IV) THE STATE COUNCIL
Each member state will create a state council. Each state
determines the membership of its own council, but all three
branches of government must be represented. The state council
will appoint a commissioner to the interstate commission and
exercise oversight concerning the state's participation in
interstate commission activities.
(V) POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The powers and duties of the commission include adopting a seal
and suitable by-laws for the management and operation of the
commission; promulgating rules; supervising the movement of
offenders; enforcing compliance; appointing committees and
hiring staff deemed necessary for the operation of the
commission; establishing a budget; reporting annually to all
branches of government; and coordinating training for commission
officials.
(VI) ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Within 12 months of its inception, the commission must adopt all
rules necessary to carry out the purposes of the compact, elect
officers, and maintain records.
(VII) ACTIVITIES OF THE INTERSTATE COMMISSION
The commission will meet at least once a year or at any time at
the request of a majority of its members. All meetings are
public and notice must be given prior to all meetings; but under
certain circumstances, the commission is given the authority to
close its meetings. All official records of the commission will
be made public, excluding those which would adversely affect
personal privacy rights or proprietary interests.
(VIII) RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
Rulemaking is required to substantially conform to the Federal
Procedure Act and the Federal Advisory Committee Act. A
majority of state legislatures of the compacting states may
overturn rules by the enactment of a statute or resolution.
(IX) OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
The commission will oversee the movement of adult offenders in
the compacting states. The courts and executive agencies of
compacting states will enforce the compact and the compacting
states will report to the commission on issues concerning them.
When disputes arise between compacting states, it will be the
duty of the commission to resolve them.
(X) FINANCE
The commission will levy and collect an annual assessment from
each compacting state. The aggregate assessment will be based
on a formula established by rule. The commission may not incur
any obligations prior to securing funds and cannot pledge the
credit of any compacting state.
(XI) COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
The compact becomes effective and binding upon legislative
enactment of the compact law by no less than 35 states. The
effective date will be the later of July 1, 2001, or the
enactment into law by the thirty-fifth state. Amendments to the
compact law may be offered by compacting states and no amendment
will become effective unless it is enacted into law by unanimous
consent of the compacting states.
(XII) WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Withdrawal from the compact may be done by any state repealing
the statute which enacted the compact law. The effective date
of the withdrawal is the effective date of the repeal. The
commission must be notified upon the introduction of legislation
for withdrawal. The commission must notify other compacting
states of the withdrawing state's intent.
The grounds for default include failure to perform obligations
or responsibilities imposed by the compact, by-laws, or
promulgated rules. A time period specified by the commission
gives the defaulting state a right to cure on the default.
Failing to do so, the defaulting state's membership may be
terminated by a majority vote of the other compacting states.
The commission has the authority to initiate legal action in
federal court against any defaulting state when it deems
necessary.
(XIII) SEVERABILITY AND CONSTRUCTION
Provisions of the compact are severable and must be liberally
construed.
(XIV) BINDING EFFECT OF COMPACT AND OTHER LAWS
Nothing in the compact prevents the enforcement of other laws of
compacting states that are not inconsistent with the compact.
Compacting states' laws conflicting with the compact are
superseded. All lawful actions of the commission are binding on
the compacting states and all agreements between the commission
and compacting states are binding.
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Last Updated October 5, 2000 at 11:32 am