Interstate Compact
What is the Interstate Compact?
The interstate compact is an agreement entered into by two or more states to provide supervision to offenders who cross state lines to reside and work. States that enter into an interstate compact become part of the Interstate Commission for Adult Offender Supervision (national compact).
What is the primary purpose of the compact?
To enhance public safety and to provide a mechanism that allows a continuum of supervision of offenders who cross state boundaries.
Who administers the compact?
A state administrator and deputies are appointed by the governor of each state to develop operational policies, practices and procedures on how adult offenders will be supervised. Each state operates its own Interstate Compact Unit.
How many states are members of the National Compact?
All 50 states, as well as the District of Columbia, Virgin Islands and Puerto Rico.
How long has Montana been a part of a national interstate compact?
About 30 years.
How did Montana become part of the National Compact?
Through legislative authorization. The 2001 Montana Legislature approved the new compact through Senate Bill 40 ( MCA 46-23-1115).
What are the functions of a state’s Compact Unit?
The Compact Unit of each state arranges transfer of any offenders placed on supervision who meet criteria for transfer under the compact and request to return to their resident state, family or employment. The unit monitors the supervision of adult offenders in other states through correspondence and telephone, ensures the receiving state’s officials have information to complete home and employment investigations and provides supervision for offenders from other states that meet the criteria for acceptance.
How does the Montana Interstate Compact Unit function?
The deputy compact administrator and three administrative support staff perform the daily operations of the Interstate Unit. The unit monitors compact rules and regulations as they pertain to the supervision of the interstate offenders. It is a clearinghouse for all incoming correspondence and telephone communications and works closely with 23 Montana adult district probation and parole offices, seven misdemeanor probation and parole offices, five treatment centers, six regional prisons, six prerelease centers and their institutional probation and parole officers, and other compact-member states.
Does the compact allow states to refuse to accept an offender from another state?
Yes, if an offender wishing transfer does not have family, financial support, employment or residency in the state to which they want to be transferred. Victims’ concerns also can prevent a transfer.
Can a state refuse to accept an offender under the compact based on the crime committed?
No
What are the benefits of the compact?
Communities and victims benefit because policies, procedures and conditions of supervision are enforced across state lines. This means victims are more likely to receive restitution if the offender is working in the community. Offenders benefit because they are allowed to return or relocate where they have families, emotional or financial support, or employment.
How is the use of the Interstate Compact a positive alternative to incarceration?
Many offenders ask to relocate to other states because they are not always residents of the state where they are convicted. Their families, resources and jobs are in other states. Supervision of all offenders crossing state lines is critical and can only be successful when offenders are properly supervised, attending treatment and programming as directed and are employed. The offenders are encouraged to pay off restitution and complete treatment requirements.
What offenders are eligible for transfer?
Offenders on community supervision, including those on parole, probation, conditional release and those convicted of misdemeanors.
How many Montana offenders are being supervised in other states under the compact?
1,080
How many offenders from other states are being supervised in Montana under the compact?
427
How much does the compact cost Montana?
$19,600
Is there a cost to offender wishing transfer and what is it used for?
The Interstate Unit established a $50 application fee that is paid by offenders applying to transfer supervision out of Montana. The fee is used to pay the $19,600 annual dues to the Interstate Commission.
Do all offenders have to pay the fee?
Offenders, in conjunction with their supervising officer, can request a full or partial wavier of the fee.
What effect does not having centralized systems of probation and parole supervision have on Interstate Compact enforcement?
There are many variations in supervision among the states. However, an Interstate Compact is based in federal law and an agreement between states is just that. It does not matter which branch or level of government provides the supervision services, the compact is federal law that must be followed and enforced.
Who is Montana’s state compact administrator?
Pam Bunke, administrator of the Adult Community Corrections Division, which includes probation and parole.
Where can information about the compact be found?
The National Interstate Commission’s Web site is www.interstatecopact.org.
Where can Montana information be found?
At the Department of Corrections Web site, http://www.cor.mt.gov/, under the “Community Corrections” tab.
Who staffs the Interstate Compact Unit?
Cathy Gordon, deputy compact administrator, 444-4916; Janet Erb, compact specialist, 444-4621; Christin Thennis, compact specialist, 444-4037; Whitney Hall, administrative assistant, 444-9522.
Who supervises misdemeanor cases?
State probation and parole officers working for the department and seven county misdemeanor officers.
Can all misdemeanor cases transfer?
Only offenders convicted in four categories of offenses are mandatory misdemeanor transfer cases: driving under the influence (two or more), sexual crimes requiring registration in the sending state, illegal firearms possession and threatening or causing bodily harm. States may choose to supervise others.
