PRIOR PRINTER'S NO. 1499 PRINTER'S NO. 1733
No. 220 Session of 2004
INTRODUCED BY GREENLEAF, MARCH 30, 2004
AMENDED, JUNE 22, 2004
A RESOLUTION
1 Expressing opposition to amendments of March 12, 2004, to the
2 Interstate Compact for Adult Offender Supervision.
3 WHEREAS, The Commonwealth of Pennsylvania is a member state
4 of the Interstate Compact for Adult Offender Supervision and its
5 governing body, the Interstate Commission for Adult Offender
6 Supervision; and
7 WHEREAS, It is the purpose of the compact to provide the
8 framework for the promotion of public safety and protect the
9 rights of victims through the control and regulation of the
10 interstate movement of offenders in the community; to provide
11 for the effective tracking, supervision and rehabilitation of
12 these offenders by the sending and receiving states; and to
13 equitably distribute the costs, benefits and obligations of the
14 compact among the compacting states pursuant to the terms of the
15 compact, its bylaws and its rules as promulgated by the compact
16 commission; and
17 WHEREAS, The mission and policy of the Pennsylvania Board of
1 Probation and Parole is to first and foremost seek to protect
2 the safety of the public while addressing input by crime victims
3 and assisting in the fair administration of justice by ensuring
4 the custody, control and treatment of paroled offenders; and
5 WHEREAS, The rules as promulgated by the compact commission
6 have the force and effect of law in the Commonwealth of
7 Pennsylvania; and
8 WHEREAS, The Interstate Commission for Adult Offender
9 Supervision convened a TELECONFERENCED meeting of all Interstate <--
10 Commissioners on March 12, 2004, and amendments to the rules <--
11 were passed; and
12 WHEREAS, DURING THE TELECONFERENCED MEETING THERE WAS LIMITED <--
13 OPPORTUNITY FOR COMMISSIONERS OF THE MEMBER STATES TO DEBATE THE
14 AMENDMENTS AND LIMITED OPPORTUNITY FOR INPUT FROM THE VICTIM
15 ADVOCATE REPRESENTATIVE; AND
16 WHEREAS, AMENDMENTS WERE ADOPTED AT THE TELECONFERENCED
17 MEETING CHANGING THE RULES ADOPTED BY THE COMMISSIONERS ON
18 NOVEMBER 3 AND 4, 2003, DEFINING THE OFFENDERS SUBJECT TO THE
19 COMPACT; AND
20 WHEREAS, The amendments to the rules permit certain
21 misdemeanant offenders to travel to and relocate within the
22 Commonwealth of Pennsylvania outside the terms of the compact,
23 meaning that these offenders will not be subject to supervision
24 by Pennsylvania law enforcement; and
25 WHEREAS, THE AMENDMENTS MAY RESULT IN OFFENDERS CONVICTED OF <--
26 CRIMES AS DISPARATE AS HARASSMENT, DOMESTIC VIOLENCE, DRUG
27 OFFENSES AND BAD CHECK WRITING, AN OFFENSE PARTICULARLY
28 IMPORTANT TO PENNSYLVANIA BUSINESSES, MOVING TO PENNSYLVANIA
29 WITHOUT THE KNOWLEDGE OF PENNSYLVANIA LAW ENFORCEMENT AGENCIES;
30 AND
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1 WHEREAS, The Senate of the Commonwealth of Pennsylvania has
2 great concern for the safety of Pennsylvania's citizenry as a
3 result of the amendments; therefore be it
4 RESOLVED, That the Senate of the Commonwealth of
5 Pennsylvania:
6 (1) Protest the restricted forum by which the Interstate
7 Commission for Adult Offender Supervision passed amendments
8 on March 12, 2004.
9 (2) Strongly oppose the amendments which were passed by
10 the Interstate Commission for Adult Offender Supervision on
11 March 12, 2004.
12 (3) URGE THE INTERSTATE COMMISSION FOR ADULT OFFENDER <--
13 SUPERVISION TO RECONSIDER ITS ACTION OF MARCH 12, 2004, AND
14 RESCIND THE AMENDMENTS OR MODIFY THEM SO THAT THE COMPACT
15 RULES ARE CONSISTENT WITH THE PURPOSE OF THE COMPACT TO
16 REGULATE THE INTERSTATE MOVEMENT OF ADULT OFFENDERS AND
17 PROTECT THE PUBLIC SAFETY BY MAKING SURE THAT THESE OFFENDERS
18 ARE SUPERVISED IN THE COMMUNITY.
19 (3) (4) Fully support the course of action that <--
20 Pennsylvania's State Council for the Interstate Compact for
21 Adult Offender Supervision intends to pursue, namely seeking
22 judicial review of the amendments promulgated by the
23 Interstate Commission for Adult Offender Supervision;
24 and be it further
25 RESOLVED, That a copy of this resolution be transmitted to
26 the Interstate Commission for Adult Offender Supervision, c/o
27 Council of State Governments, 2760 Research Park Drive, P.O. Box
28 11910, Lexington KY 40578.
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