4690: FLOOR ANALYSIS - INTERSTATE COMPACT: ADULT OFFENDERS

INTERSTATE COMPACT: ADULT OFFENDERS - H.B. 4690: FLOOR ANALYSIS

House Bill 4690 (as reported without amendment)

Sponsor: Representative Charles LaSata

Senate Committee: Judiciary

CONTENT

The bill would enact the "Interstate Compact for Adult Offender Supervision" to provide for Michigan's participation in the Interstate Commission for Adult Offender Supervision, which would manage the movement between states of adults released into the community under the jurisdiction of courts, parole authorities, or other criminal justice agencies. The bill would do the following:

-- Require that Michigan create a State Council for Interstate Adult Offender Supervision, which would appoint a commissioner to represent this State on the Interstate Commission.

-- Provide for the organization and operation of the Interstate Commission.

-- Grant Commission members, officers, and employees qualified immunity for a claim arising out of acts or omissions occurring within the scope of Commission activities.

-- Identify required and allowed activities of the Interstate Commission, including the promulgation of rules that would have the force of law, and the resolution of disputes among the compacting states.

-- Require the Commission to collect an annual assessment from each compacting state in order to finance the Commission's activities.

-- Provide for amendment of the Compact; withdrawal, default, or termination of compacting states; judicial enforcement of the Compact; and dissolution of the Compact.

-- Provide that the Compact would take effect when the 35 states enacted it.

-- Specify that the Compact would supercede conflicting state law.

- Legislative Analyst: Patrick Affholter

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on State government.

The Council of State Governments (CSG) speculates that Michigan's annual assessment for participation in the Interstate Commission could be $32,000. This figure is based on a draft budget and a draft dues formula created by CSG, as well as on the assumption that all of the states join the compact. The formula is weighted using the State's population and offender caseload. The CSG estimates that the dues could range by state from $18,000 to $46,000. Once the Commission is established, it will determine its own budget and dues formula, which may vary from those used by the CSG. All states, including Michigan, pay an annual $2,000 to participate in the current Interstate Compact for the Supervision of Parolees and Probationers. Using the CSG estimate, joining the Interstate Commission could cost the State an additional $30,000 per year.

Date Completed: 2-14-02 - Fiscal Analyst: Bethany WicksallFloor\hb4690 - Bill Analysis @ http://www.senate.state.mi.us/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.