[Senate Report 107-332]
[From the U.S. Government Publishing Office]
Calendar No. 717
107th Congress SENATE Report
2d Session 107-332
_______________________________________________________________________
COURT SERVICES AND OFFENDER SUPERVISION AGENCY INTERSTATE SUPERVISION
ACT OF 2002
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3044
TO AUTHORIZE THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY OF THE
DISTRICT OF COLUMBIA TO PROVIDE FOR THE INTERSTATE SUPERVISION OF
OFFENDERS ON PAROLE, PROBATION, AND SUPERVISED RELEASE
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 4, 2002.--Ordered to be printed
Filed under authority of the order of the Senate of October 17, 2002
COMMITTEE ON GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan FRED THOMPSON, Tennessee
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
RICHARD J. DURBIN, Illinois SUSAN M. COLLINS, Maine
ROBERT G. TORRICELLI, New Jersey GEORGE V. VOINOVICH, Ohio
MAX CLELAND, Georgia THAD COCHRAN, Mississippi
THOMAS R. CARPER, Delaware ROBERT F. BENNETT, Utah
JEAN CARNAHAN, Missouri JIM BUNNING, Kentucky
MARK DAYTON, Minnesota PETER G. FITZGERALD, Illinois
Joyce A. Rechtschaffen, Staff Director and Counsel
Cynthia Gooen Lesser, Counsel
Marianne Clifford Upton, Staff Director and Chief Counsel, Oversight of
Government Management, Restructuring and the District of Columbia
Subcommittee
Richard A. Hertling, Minority Staff Director
Johanna L. Hardy, Minority Counsel
Theresa M. Prych, Minority Legislative Aide, Oversight of Government
Management, Restructuring and the District of Columbia Subcommittee
Darla D. Cassell, Chief Clerk
C O N T E N T S
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Page
I. Purpose and Summary..............................................1
II. Background.......................................................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Congressional Budget Office Cost Estimate........................3
VI. Evaluation of Regulatory Impact..................................4
VII. Changes to Existing Law..........................................4
Calendar No. 717
107th Congress Report
SENATE
2d Session 107-332
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COURT SERVICES AND OFFENDER SUPERVISION AGENCY INTERSTATE SUPERVISION
ACT OF 2002
_______
November 4, 2002.--Ordered to be printed
Filed under authority of the order of the Senate of October 17, 2002
_______
Mr. Lieberman, from the Committee on Governmental Affairs, submitted
the following
R E P O R T
[To accompany S. 3044]
The Committee on Governmental Affairs, to which was
referred the bill (S. 3044) to authorize the Court Services and
Offender Supervision Agency of the District of Columbia to
provide for the interstate supervision of offenders on parole,
probation, and supervised release, reports favorably thereon
and recommends that the bill do pass.
I. Purpose and Summary
The purpose of S. 3044, the Court Services and Offender
Supervision Agency Interstate Supervision Act of 2002, is to
authorize the Court Services and Offender Supervision Agency
ofthe District of Columbia to provide for the interstate supervision of
offenders on parole, probation, and supervised release. The bill makes
clear that the Court Services and Offender Supervision Agency is
responsible for arranging for the supervision of District of Columbia
parolees, probationers, and released offenders who seek to move out of
the District of Columbia, and also for supervising parolees,
probationers, and released offenders from other States and U.S.
territories who seek to move to the District of Columbia. In addition,
in order for the agency to meet these interstate obligations, the bill
authorizes that the Court Services and Offender Supervision Agency may
enter into an Interstate Compact for Adult Offender Supervision or
other agreements with other States and U.S. territories.
II. Background
The Court Services and Offender Supervision Agency (CSOSA)
was established by Congress as part of the National Capital
Revitalization and Self-Government Improvement Act of 1997
(P.L. 105-33; Sec. 11233; 111 Stat. 748; Sec. 24-133, D.C.
Official Code). CSOSA combines under one helm the previously
disparate local functions of pretrial services, parole, adult
probation, and post-conviction offender supervision. Following
three years of operation as a trusteeship, CSOSA was certified
as an independent Federal agency within the executive branch on
August 4, 2000.
CSOSA, with 950 employees and an annual budget of $132
million, is responsible for monitoring 21,000 pretrial release
defendants annually (8,000 at any one time) and 15,338 post-
conviction offenders on probation or parole. The
Presidentially-appointed director of CSOSA, Paul A. Quander,
Jr., was confirmed by the Senate on July 25, 2002.
The legislation aims to clarify CSOSA's authority to
provide for supervision of offenders from other jurisdictions
who seek to live in the District of Columbia and to arrange
with other States for supervision of District of Columbia
probationers who seek residence in other jurisdictions,
including authority to enter into a new Interstate Compact.
Under current law, CSOSA is expressly charged with
arranging for the supervision of District of Columbia paroled
offenders who seek to move from the District of Columbia to
reside in other jurisdictions. Among the functions that CSOSA
absorbed after it was established was the supervision of
probationers and parolees from other jurisdictions once their
transfer to the District of Columbia was approved. However,
this function is not explicitly stated in the law. This
legislation adds that specific duty to the statutory
responsibilities of the Director of CSOSA. The bill also makes
clear that the supervisory responsibilities cover not only
paroled offenders, but individuals on probation or supervised
release as well.
The movement of adult parolees and probationers across
state lines is currently controlled by an interstate compact
dating back to 1937, which has all 50 States, the District of
Columbia, and U.S. territories as signatories. A new agreement,
the Interstate Compact for Adult Offender Supervision, has been
drafted to improve accountability, coordination, and
enforcement mechanisms among the participating states. As of
October 18, 2002, 38 States had signed on to the new compact
and ten other States have taken some steps toward its adoption.
The District has not done so because the District itself no
longer performs the offender supervision functions that the
Congress transferred to CSOSA.
S. 3044 would provide CSOSA with clear authority to enter
into this new compact, or any other agreements for interstate
supervision with the States and U.S. territories which may or
may not become signatories to the new compact. Because a new
Compact Commission is being formed and scheduled to meet in
November to begin developing the procedural rules for the new
Compact, this legislation will enable CSOSA to actively
participate in that process.
III. Legislative History
S. 3044 was introduced on October 3, 2002, by Senators
Richard J. Durbin and George V. Voinovich. The bill was
referred to the Senate Committee on Governmental Affairs.
S. 3044 was considered by the Committee on Governmental
Affairs on October 9, 2002, approved by a 9-0 rollcall vote,
and ordered to be reported, with no Members present dissenting.
Present were Senators Akaka, Carnahan, Carper, Cleland,
Dayton, Durbin, Levin, Lieberman, and Torricelli.
IV. Section-by-Section Analysis
Section 1 entitles the Act as the ``Court Services and
Offender Supervision Agency Interstate Supervision Act of
2002.''
Section 2 amends the National Capital Revitalization and
Self-Government Improvement Act of 1997 by clarifying and
expanding the duties of the Director of the Court Services and
Offender Supervision Agency of the District of Columbia, in
three ways. First, the bill makes clear that the Director is
responsible for arranging for the supervision of District of
Columbia offenders on probation and on supervised release, as
well as paroled offenders as specified in existing law, who
seek to reside in jurisdictions outside the District of
Columbia.
Second, the bill specifies that the Director of CSOSA has
the duty to arrange for the supervision of offenders on parole,
probation, and supervised release from jurisdictions outside
the District of Columbia who seek to reside in the District of
Columbia.
Third, the bill provides the Director express authority to
enter into agreements, including the Interstate Compact for
Adult Offender Supervision, with any State or group of States
in accordance with the Agency's responsibilities to arrange the
supervision of parolees, probationers, and offenders under
supervised release who seek to move to or from the District of
Columbia.
V. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 15, 2002.
Hon. Joseph I. Lieberman,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3044, the Court
Services and Offender Supervision Agency Interstate Supervision
Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 3044--Court Services and Offender Supervision Agency Interstate
Supervision Act of 2002
S. 3044 would amend the National Capital Revitalization and
Self-Government Improvement Act of 1997 to allow the Court
Services and Offender Supervision Agency (CSOSA) for the
District of Columbia to supervise parolees from other
jurisdictions who choose to live in the District of Columbia
and to arrange with other states for supervision of District of
Columbia parolees who want to move elsewhere.
Under current law, CSOSA (a federal agency) supervises
parolees from other jurisdictions who reside in the District of
Columbia and also arranges for the supervision of parolees from
the District of Columbia who move to other jurisdictions,
although this role is not clearly stated in law. The
legislation would clarify and codify CSOSA's authority to
supervise parolees in the District of Columbia and to arrange
for supervision of its parolees who reside outside of the
District of Columbia.
CBO estimates that implementing this bill would have no
significant effect on federal spending because the bill would
codify CSOSA's existing practices. Enacting S. 3044 would not
affect direct spending or revenues of the federal government.
The bill contains no intergovernmental or private-sector
mandates in the Unfunded Mandates Reform Act and would not
affect the budgets of state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Robert A. Sunshine,
Assistant Director for Budget Analysis.
VI. Evaluation of Regulatory Impact
Paragraph 11(b)(1) of rule XXVI of the Standing Rules of
the Senate requires that each report accompanying a bill
evaluate the ``regulatory impact which would be incurred in
carrying out this bill.'' Carrying out S. 3044 would have no
regulatory impact.
VII. Changes to Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic and existing law, in which no
change is proposed, is shown in roman):
DISTRICT OF COLUMBIA CODE
TITLE 24. PRISONERS AND THEIR TREATMENT
CHAPTER 1. TRANSFER OF PRISON SYSTEM TO FEDERAL AUTHORITY
* * * * * * *
SEC. 24-133. COURT SERVICES AND OFFENDER SUPERVISION AGENCY.
* * * * * * *
(b) Director.--
* * * * * * *
(2) Powers and duties of director.--The Director
shall:
(A) * * *
* * * * * * *
[(G) Arrange for the supervision of District
of Columbia paroled offenders in jurisdictions
outside the District of Columbia;] (G) arrange
for the supervision of District of Columbia
offenders on parole, probation, and supervised
release who seek to reside in jurisdictions
outside the District of Columbia; and
(H) Carry out all functions which have
heretofore been carried out by the Social
Services Division of the Superior Court
relating to supervision of adults subject to
protection orders or provision of services for
or related to such persons[.];
(I) arrange for the supervision of offenders
on parole, probation, and supervised release
from jurisdictions outside the District of
Columbia who seek to reside in the District of
Columbia; and
(J) have the authority to enter into
agreements, including the Interstate Compact
for Adult Offender Supervision, with any State
or group of States in accordance with the
Agency's responsibilities under subparagraphs
(G) and (I).
* * * * * * *