Explain the history and function of the original Interstate Compact and the more recent Interstate Compact for Adult Offender Supervision
What will be an ideal response?
Prior to 1937, probationers or parolees could not be supervised outside the state where they were convicted. This prevented many offenders from being supervised in the places that would offer the best chance for success on probation or parole. To address this issue, a group of states entered into a statutory agreement to supervise probationers and parolees for each other. Known as the Interstate Compact, it was originally signed by 25 states in 1937, and by 1951 it had been ratified by all states, as well as Puerto Rico and the Virgin Islands. In 1955, the Interstate Compact on Juveniles was established as well.
The compacts identify the sending state (the state of conviction) and the receiving state (the state that undertakes the supervision). The receiving state informs the sending state on a quarterly basis of the probationer's progress, but the sending state retains ultimate authority to modify the conditions of probation, revoke probation, or terminate probation. It is also generally held that the sending state alone has authority to determine upon which basis a violator may be returned. The reasons for return cannot be challenged by the receiving state.
The three main problems with interstate compacts were liability, monitoring compliance, and slow processing speed. Because probation supervision styles varied from state to state, each state had different thresholds and policies for when a probationer was considered to be in violation. Because of these ongoing problems, the National Institute of Corrections (NIC) determined that the best resolution was to provide a new way to administer interstate compacts. The result of the NIC study was the creation of the Interstate Compact for Adult Offender Supervision in 2000 . This revised compact developed an interstate commission that is composed of one commissioner representative from each participating state. The commission is a national organization empowered to create and enforce the same rules for all states, collect national statistics, coordinate training and education, and notify victims of public safety. With this new structure and oversight commission, correctional administrators are hopeful that the problems with interstate compacts will be a thing of the past. As of 2004, all states except for Virginia and Mississippi were members.
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