SENATE BILL REPORT

SHB 2624

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: The Interstate Compact for the Supervision of Parolees and Probationers was originally drafted in 1937 and eventually adopted by all 50 states, including Washington. The compact has since been substantially redrafted into its current form, the Interstate Compact for Adult Offender Supervision. Washington adopted the new compact in 2005. By adopting the compact, the compact becomes the sole statutory authority for regulating the transfer of adult parole and probation supervision across state boundaries and has the force and effect of federal law. Any statute that is inconsistent with the compact is of no force and effect.

When a state approves the transfer of an offender, the receiving state must take the offender if the offender meets certain criteria. Once the offender is transferred, the receiving state has an obligation to supervise the offender in the same manner as a similarly situated offender convicted in the receiving state.

All states participating in the Interstate Compact are represented in the Interstate Commission for Adult Offender Supervision (ICAOS) and have an equal vote in its governance. ICAOS receives no federal funding and is financed through the payment of dues by each state. The compact is adopted by enacting a statute that is substantially similar to and contains all pertinent provisions of the draft compact. A state may withdraw from the compact by enacting a statute specifically repealing the agreement.

The Department of Corrections (DOC) currently supervises 2,393 offenders from other states under the Interstate Compact process. Over 50 percent of these offenders are from the western region of the United States, however, Washington currently supervises offenders from all 50 states, including Puerto Rico. Approximately 1,046 offenders from Washington are supervised by other states.

Summary of Bill: DOC must take the following actions:

identify the states from which it receives adult offenders for supervision under the Interstate Compact and examine the feasibility and cost of establishing memoranda of understanding (MOUs) with those states that send the highest number of offenders to Washington;
at the next ICAOS meeting, seek resolution by the commission regarding any inequitable distribution of costs, benefits, and obligations affecting Washington under the Interstate Compact; and
examine the feasibility and cost of withdrawal from the Interstate Compact.

DOC must report to the Legislature no later than December 1, 2010, regarding the above actions.