Download ICAOS Policy 05-2004 PDF

I. Authority

The Executive Committee is vested with the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day to day activities managed by the Executive Director. Article X and XII of the Interstate Compact for Adult Offender Supervision and Rule 2.103 provides the Commission with the authority to established and collect dues from each state signatory to the Compact.

II. Applicability

This policy applies to signatory states to the Interstate Compact for Adult Offender Supervision and Commissioners appointed to represent those states to the national Commission.

III. Policy

A. Rule 2.103 establishes the authority for the Commission to determine a formula to establish dues to be paid by each signatory state to the Compact.

B. Article VIII of the Interstate Compact states in part “The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the Compact…”

C. Article IX, Section C. Enforcement, Section C. “The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provision of this Compact using any or all means set forth in Article XII, Section B, of this Compact.”

D. Assessment

1. Rule 2.103 outlines the formula for establishing dues obligations that uses population and offender transfer data.
2. Population and offender transfer numbers shall be updated decennially by respectively utilizing completed Census data and an annualized snapshot of offender transfer data from the electronic data system.
3. As authorized by the Executive Committee, states shall be classified in an appended dues tier based on the dues formula and assessed accordingly.

E. Enforcement

1. Member states shall be invoiced for the annual dues before the beginning of the state’s fiscal year.
2. If a member state has not paid its annual dues within the thirty (30) days of the start of the new fiscal year, the national office will send a written reminder to the Commissioner. Interest shall accrue on the balance of the unpaid dues after thirty (30) days at the rate of one percent (1%) per month not to exceed twelve percent (12%) per annum, which shall begin to accrue on the thirty-first (31st) day after which such dues remain unpaid.
3. If a member state has not paid its annual dues within the ninety (90) days of the start of the state’s new fiscal year, the national office will send a written delinquency notice to the Commissioner by registered mail.
4. If a member state has not paid its annual dues within one hundred twenty (120) days of the start of the state’s fiscal year, the Executive Director will refer the matter to the Compliance Committee for enforcement action.

Appendix

Dues Tiers

History: Adopted June 1, 2004; amended April 23, 2009; amended June 14, 2011, effective Fiscal Year 2012 (July 1, 2011); amended August 18, 2021.