The ICAOS establishes a uniform and enforceable framework for regulating the interstate movement of adults under community supervision. Its key structural and functional features include:
Formal Governance Structure: Establishes an interstate commission composed of one commissioner from each member state, each vested with full voting authority on behalf of their respective state. The commission’s decisions, rules, and policies are binding upon all member states. In addition, the commission includes non-voting ex officio members representing national stakeholder organizations such as the Conference of Chief Justices and the National Governors Association, crime victim advocates, and other entities with a vested interest in community supervision and public safety. The commission’s rules for meeting are consistent with the principles of the federal Government in the Sunshine Act.
Rulemaking Authority: Grants the commission broad rulemaking power to promulgate rules that are binding in the member states and that govern all aspects of the interstate transfer and supervision process. Rulemaking is conducted pursuant to procedures that substantially conform to the principles of the federal Administrative Procedure Act and federal Advisory Committee Act, ensuring transparency, public participation, and legal uniformity among states.
Enforcement and Compliance Mechanisms: Authorizes the commission to monitor compliance, require corrective action plans, conduct remedial training, and impose fines or penalties on non-compliant states. In cases of persistent noncompliance, the commission may suspend or terminate a state’s membership, ensuring accountability and adherence to compact rules. The commission’s Compliance Committee, supported by audit and data oversight functions, systematically evaluates state performance.
State Council Requirement: Mandates that each member state establish a State Council for Interstate Adult Offender Supervision, including representatives from the executive, legislative, and judicial branches and victims’ advocacy organizations. The purpose of the State Council is to coordinate intrastate compact operations, facilitate communication among agencies, and serve as a forum to resolve internal issues before escalation to the interstate commission.
Centralized Information System: Requires the operation of a national electronic data system to manage case transfers, track supervision activities, and support real-time information exchange among member states, thereby promoting transparency, consistency, and data-driven oversight.
Public Safety and Accountability Framework: Embeds principles of public safety, victims’ rights, and supervised individual accountability in its purpose and implementation, ensuring that the transfer of supervision between states does not compromise community protection and that all parties operate under uniform standards of due process and professional practice.