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Chapter 3 - The ICAOS Implications for the Courts

States are bound to the Commission’s rules under the terms of the Compact. The rules adopted by the Commission have the force and effect of statutory law and all courts and executive agencies shall take all necessary measures to enforce their application. See Art. V. See also Scott v. Virginia, 676 S.E.2d 343, 346 (Va. App. 2009). Failure of state judicial or executive branch officials to comply with the terms of the Compact and its rules would result in the state defaulting on its contractual obligations under the Compact and could lead the Commission to take corrective or punitive action, including suit in federal court for injunctive relief. See Art. XII § C. All state laws that conflict with the Compact are superseded to the extent of any such conflict. See Art. VIX § A. Given the Compact’s broad definitions, the Commission is not limited to certain classifications of offenders, unless it decides to be so limited. As an interstate Compact approved by Congress, the Compact has the force and effect of federal law in accordance with the Supremacy Clause.

PRACTICE NOTE: No court can order relief that is inconsistent with the terms and conditions of the Compact; a principle that extends also to the Commission’s rules. This principle would extend to state court enforcement of the Compact as federal law under the Supremacy Clause.

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Definitions

Click terms below to reveal definitions used in this rule.

Rules – means acts of the Interstate Commission, which have the force and effect of law in the compacting states, and are promulgated under the Interstate Compact for Adult Offender Supervision, and substantially affect interested parties in addition to the Interstate Commission.

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