TITLE 11

Crimes and Criminal Procedure

Criminal Procedure Generally

CHAPTER 43. Sentencing, Probation, Parole and Pardons

Subchapter V. Interstate Compact For The Supervision Of Adult Offenders

§ 4358. Terms of the compact between the states.

The Governor shall execute a compact on behalf of the State with any of the United States legally joining therein in the form substantially as follows:

11 Del. C. 1953, §  4358;  54 Del. Laws, c. 349, §  770 Del. Laws, c. 186, §  174 Del. Laws, c. 91, §  1

INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS

PREAMBLE

* WHEREAS, the interstate compact for the supervision of Parolees and Probationers was established in 1937, it is the earliest corrections “compact” established among the states and has not been amended since its adoption over 62 years ago; and

* WHEREAS, this compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it currently has jurisdiction over more than a quarter of a million offenders; and

* WHEREAS, the complexities of the compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements and sex offender registration; and

* WHEREAS, after hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about an effective management capacity that addresses public safety concerns and offender accountability; and

* WHEREAS, upon the adoption of this Interstate Compact for Adult Offender Supervision, it is the intention of the legislature to repeal the previous Interstate Compact for the Supervision of Parolees and Probationers on the effective date of this Compact.


§ 4359. Short title; Service fee.

This subchapter may be cited as the Interstate Compact for Adult Offender Supervision. Any probationee who applies under this Compact for interstate transfer into or from the State of Delaware shall pay to the Department of Correction a service fee of $50 to defray costs under the Compact.

11 Del. C. 1953, §  4359;  54 Del. Laws, c. 349, §  774 Del. Laws, c. 91, §  1

§ 4359A. State Council for Interstate Adult Offender Supervision.

(a) The State Council for Interstate Adult Offender Supervision is hereby established and shall consist of 7 members as follows:

(1) The Commissioner of Correction, or the Commissioner’s designee.

(2) The Director of Probation and Parole, or the Director’s designee.

(3) A member of the Delaware Senate appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore.

(4) A member of the Delaware House of Representatives appointed by the Speaker of the House to serve at the pleasure of the Speaker of the House.

(5) A member of the state judiciary appointed by the Chief Justice of the Delaware Supreme Court to serve at the pleasure of the Chief Justice.

(6) Two members appointed by the Governor who shall serve at the pleasure of the Governor. At least 1 of these appointments must be a representative of a victims’ assistance or advocacy organization.

(b) By majority vote of the members, the State Council for Interstate Adult Offender Supervision shall select a chairperson who shall serve as the Compact Commissioner and Administrator to the Interstate Commission for Adult Offender Supervision.

(c) The State Council shall exercise oversight and advocacy concerning the State’s participation in Interstate Commission activities and other duties including, but not limited to, the development of policy concerning operations and procedures of the Compact within the State.

(d) The State Council shall meet at least twice each year.

77 Del. Laws, c. 178, §  1