Utah Prosecutors and the Interstate Compact for Adult Offender Supervision

Many Prosecutors in the state have heard of the Compact or may have dealt with a Compact-related case. This article is intended to provide answers to some basic questions regarding the Compact and how it impacts Prosecutors.

What is the Compact?

This Compact governs the relocation of offenders across state lines. The Interstate Commission for Adult Offender Supervision has received delegated authority under Utah state code to manage this Compact. In Utah, the Compact is managed through Adult Probation and Parole at the Fred House Academy in Draper. The purpose of the Compact is public safety by insuring proper supervision of offenders as they move around the country. This is accomplished through rules promulgated by the Interstate Commission which are binding upon all member states.

How is Utah involved in the Interstate Compact?

Utah Code Annotated 77-28c-103 "Interstate Compact for Adult Offender Supervision" mandates Utah's membership in the compact (Article XIV).

The Compact authorizes the adoption of rules by the Interstate Commission for Adult Offender Supervision (UCA 77-28c-103 Article VIII). These rules carry the weight of federal law (see Cuyler v. Adams, 449 U.S. 433, 440 (1981) and Utah Code Annotated 77-28c-103 Articles II and V) and are binding upon all member states and courts (see Scott v. Virginia, 676 S.E.2d 343, 346). All courts and executive agencies in Utah shall enforce the Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent (Utah Code Annotated 77-28c-103 Article IX(a)(2)).

The Interstate Commission is made up of one voting member from all 50 states and 3 U.S. Territories. Rules and amendments are voted on once every two years. Utah's Commissioner is the Director of Adult Probation & Parole, Geri Miller-Fox, who is appointed by the Utah Interstate Compact Council.

Utah Interstate Compact Council - This organization is made up of representatives from the Legislature, CCJJ, Utah District Courts, Salt Lake Public Defenders, District Attorney Offices, County Sheriffs, AP&P, Division of Indian Affairs, UDC Victim Services, Utah Board of Pardons and Parole, and the Attorney General's Office. The Council provides guidance and direction to the Utah Interstate Compact Office regarding the operation of the Compact in Utah, and the impact of rule proposals on Utah agencies.

Which offenders are subject to the Compact?

Felons - All felons who wish to reside in another state for 45 consecutive days or more in any 12 month period, IF there are non-monetary conditions to the probation which require monitoring. It is important to note, this requirement is valid regardless of whether the supervision is provided by AP&P, a Court, County probation, or a private probation provider. Rule 2.110, Rule 1.101 definitions of "offender", "relocate" and "supervision".

Misdemeanants - Most misdemeanors do not fall under the jurisdiction of the compact. However some do. Any of the following misdemeanor offenses where the total length of supervision is 12 months or more will trigger the need for a compact if the offender wishes to reside out of state:

(1) an offense in which a person has incurred direct or threatened physical or

psychological harm;

(2) an offense that involves the use or possession of a firearm;

(3) a 2nd or subsequent misdemeanor offense of driving while impaired by drugs or

alcohol;

(4) a sexual offense that requires the offender to register as a sex offender in the

sending state. Rule 2.110, Rule 2.105, Rule 1.101 definitions of "offender", relocate and "supervision".

"Unsupervised" offenders - A commonly held belief is that Court or private probation negates the need for an Interstate Compact when an offender wants to move across state lines for more than 45 days. This is not the case; Court and private probation cases where there are conditions which require monitoring still trigger the compact.

The purpose of the Compact is public safety. Through their membership in the Compact, states have agreed that offenders who have conditions requiring monitoring must be supervised in the state where they are residing. Utah does not want a Florida offender with probation conditions residing unsupervised in Salt Lake City. And the reverse is also true. Florida does not want a Utah offender with probation conditions residing unsupervised in Miami. This is the point of the Compact.

What happens once the offender's supervision has been transferred to the other state via the Compact?

The Utah prosecutor and court retain jurisdiction over the offender's case and length of supervision. The receiving state is simply supervising the offender for Utah. The receiving state will send annual progress reports on the offender's progress on their conditions, employment, etc.

Violations

Any violations (failure to meet conditions, new convictions, absconders) must be reported within 30 days of discovery by the receiving state.

A sending state's obligations do not end once the offender has been transferred to the receiving state. There are four times when a sending state is obligated to retake their offender from the receiving state via a warrant:

• Absconding (supervising officer must attempt to locate the offender first through home visit, contact with family/collateral contacts, and employment). Rule 5.103-1

• Offender is convicted of a new felony offense in the receiving state. Rule 5.102

• Offender commits three (3) significant violations of their probation/parole while in the receiving state (the violations must be from separate incidents). Significant means something for which the receiving state would revoke supervision on one of its own offenders (under this scenario, the receiving state may simply request the offender be ordered to return rather than request a warrant). Rule 5.103

Any offender convicted of a violent crime (misdemeanor or felony) while in the receiving state. Rule 5.103-2 and Rule 1.101 definition of "violent crime".

All Compact-related warrants must be no-bail and listed in NCIC with a nationwide pickup radius (Rule 1.101 "Warrant" and Rule 5.111 Denial of bail or other release conditions to certain offenders). Obviously a statewide warrant would have no effect in another state, hence the need for a nationwide warrant in NCIC. Please do not allow bail on Compact-related warrants, as this may allow the offender to be released from custody before the offender can be retaken. Additionally, states have been found in default of their Compact obligations for terminating cases in lieu of retaking an offender whose retaking is mandated by the Compact.

If the offender has pending charges, the receiving state (the supervising entity and the Prosecutor) must consent to the offender's return prior to the warrant being issued (Rule 5.101(c)).

What happens if Utah is found in default of its obligations under the Compact?

There is liability associated with Utah's membership in the Compact. If Utah were ever found in default of its obligations under the Compact, it could be subject to fines and legal action. Utah Code 77-28c-103 Article XII grants the Interstate Commission the authority to levy fines and fees against states who default their obligations under the Compact. Two states were found in default of their Compact obligations in 2007 for allowing offenders to relocate without a Compact in place, and were fined by the Interstate Commission.

When another state notifies Utah that one of our offenders is in their state without a Compact, Rule 2.110 mandates Utah to order the offender to return within 15 business days, and if the offender does not return as ordered, mandates that Utah issue an NCIC nationwide warrant within another 10 business days. Failure to do so may place Utah in default of its obligations under the Compact.

This article just scratches the surface regarding the Compact and its implications for Utah authorities. If you have questions regarding the Compact or would like training, please call the Utah Interstate Compact Office at 801-495-7700 or Utah's Deputy Compact Administrator Jim Ingle at 801-495-7706. Additional information and a complete copy of the Compact rules may be found online at www.interstatecompact.org. Thank you.