The ICAOS was written to remedy longstanding deficiencies and legal ambiguities under the Interstate Compact for the Supervision of Parolees and Probationers (ICPP). Chief among these were:
Lack of compliance with the ICPP’s terms and conditions by member states;
Absence of enforcement authority, as the ICPP provided no mechanism to compel state adherence, and the enforcement tools created by the Parole and Probation Compact Administrators’ Association (PPCAA) proved limited and legally uncertain;
Doubt about the PPCAA’s authority, including whether its members could properly be considered “like officials” authorized to promulgate binding rules under the ICPP;
State statutory conflicts, as legislatures increasingly enacted laws inconsistent with the Compact due to perceived failures in its administration. For example, Colorado enacted legislation restricting the entry of nonresident supervised individuals without prior Compact approval (Colo. Rev. Stat. § 17-27.1-101(3)(b) (2002)), expressly citing inadequate oversight under the ICPP; see also Doe v. Ward, 124 F. Supp. 2d 900, 916 (W.D. Pa. 2000) (striking down Pennsylvania’s attempt to impose stricter conditions on out-of-state offenders); and
Uncertainty over scope and coverage, particularly as alternative sentencing practices, such as deferred or suspended sentences and diversion programs, expanded beyond what the ICPP’s definitions contemplated.
These shortcomings highlighted the need for a modernized compact with clear rulemaking authority, national governance, and enforceable standards, culminating in the drafting and adoption of the ICAOS in 2002. The ICAOS directly addressed these deficiencies by establishing a structured framework with defined eligibility standards, centralized oversight through the commission, uniform rulemaking authority, and enforceable compliance mechanisms. Courts should therefore interpret the ICAOS consistent with its remedial purpose to ensure uniform interstate supervision and prevent the unilateral state actions and legal uncertainty that undermined the prior compact.