As noted in the introduction and explained in this chapter, intergovernmental covenants are not mere agreements between States subject to narrow interpretations or selective application. At first glance, these are legal treaties that bind Member States, including agencies, officials and respective citizens, to a set of agreed principles and agreements. This is not a series of recommended procedures or discretionary suggestions for convenience that are easily ignored. Moreover, they are neither uniform, exemplary or proposed by States, nor administrative agreements between authorities or executive officials. Understanding the unique importance of intergovernmental covenants in the U.S. legal system is an important predicate for the correct application of covenant terms that may prevent legal interference in the performance of their contractual obligations. ICAO does not cover the transfer of occupants between facilities. The Interstate Correctional Pact is a separate agreement to which we are not a party. Contact your institutional clerk for more information. In the United States, an intergovernmental treaty is a pact or agreement between two or more states, or between states and a foreign government. The Covenant clause (Article I, Section 10, Clause 3) of the United States Constitution provides that “no State may act without the consent of Congress. enter into an agreement or pact with another State or with a foreign power,.. Intergovernmental covenants do several important things, including: Treaties between states ratified under the Articles of Confederation in the period following American independence in 1776 until the ratification of the current U.S. Constitution in 1789 are treated as acquired rights and treated as intergovernmental treaties. These include treaties such as the Treaty of Beaufort, which established the boundary between Georgia and South Carolina in 1787 and is still in force. Since January 2016, 170 separate licensing laws have been passed by states. To date, 42 states and territories have entered into professional licensing agreements for nurses, physicians, physiotherapists, emergency physicians, psychologists, speech-language pathologists/audiologists, occupational therapists, and consultants. The map below shows the widespread use of intergovernmental pacts among professions that offer multi-state practice to their practitioners. Although intergovernmental pacts have been mainly used by health professions, any profession may consider developing an intergovernmental pact for the portability of professional licenses. The Mississippi Department of Corrections (MDOC) is a member of the Interstate Commission for Adult Offender Supervision, an agreement entered into by authorized jurisdictions in the United States and its territories. The Interstate Compact Division oversees the supervision of all offenders under community supervision in the state of Mississippi and member states.
The timing of congressional approval is not specified in the Constitution, so consent can be given before or after state approval of a particular pact. Consent may be explicit, but it may also be derived from the circumstances. Congress may also impose conditions as part of its approval of a pact.  Congress must explicitly approve any pact that would increase the political power of the state in a way that would interfere with the power of the federal government.  Some states charge a fee for processing an intergovernmental transfer request. Offenders should discuss this with their supervisor when considering the possibility of moving. The offender should also inquire about the host State`s guidelines regarding his fees and the costs of supervision. In recent years, CSG has helped make changes to the state`s professional licensing policy. Based on this experience, CSG believes that intergovernmental contracts are the most effective way to achieve unlimited practice for licensed practitioners and military spouses who ease the burden of maintaining multiple state licenses. The compacts` legal environment includes a fusion of Compact texts and the jurisprudence of federal and state courts across the country.
Because there are relatively few court decisions that establish principles of law in a particular court or for a particular convention, courts often consider other decisions of federal and state courts for their interpretation and application of a convention. The courts also use the texts of other Covenants and the corresponding case law for the generally applicable principles of compact law. Given the complexity of the legal bases and the widespread and appropriate use of covenants today, it is important that judges and court staff understand the law of intergovernmental covenants. The Interstate Compact for Adult Offender Supervision (ICAOS) is a national agreement that allows for the transfer of an offender`s supervision plan from one state to another after his or her release from court, prison or prison. This agreement helps some offenders successfully reintegrate into the community by allowing them to make a fresh start to improve their housing, employment or social conditions. Most early intergovernmental pacts resolved border disputes, but since the beginning of the 20th century, pacts have been increasingly used as an instrument of state cooperation.  In some cases, an agreement creates a new multi-jurisdiction to manage or enhance a shared resource such as a seaport or public transport infrastructure. The extensive experience of the NCIC has enabled the development of a comprehensive and proven methodology for fruitful cooperation with States in the development and implementation of treaties.
To learn more about the law and the use of interstate contracts, click on the following resources. Probation officers and probation officers may apply to transfer to another state by contacting their probation officer, correctional case manager or probation authorities. Several compact forms must be completed and an application fee of $50.00 must be submitted at the time of the transfer request. Rule 4.101 stipulates that under the Covenant, the receiving State must supervise new offenders in the same manner as it would supervise its own convicted offenders in the same manner within its State border. In other words, the host state is not required to reduce your oversight simply because that is the practice in the sending state Interstate covenants are different from uniform laws, which are model laws drafted by non-governmental bodies of legal experts to be adopted independently by state legislatures, rather than concluding an agreement between several states. Inter-State pacts are formal and legally promulgated agreements between two or more States that bind them to the provisions of the covenants. The covenants provide an opportunity for States to address political issues in cooperation, to ensure State approval on complex political issues, to establish State authority over areas reserved for States and to enable States to speak forcefully with a unified voice. In accordance with article 3.103 of the Rules of Procedure of the National Commission, the acceptance of the offender by the host State. To review the law in its entirety, go to: www.interstatecompact.org. The Virginia Interstate Compact Unit acts as the central authority in the supervision and regulation of interstate transfers to and from Virginia. Currently, the CSG National Center for Interstate Compacts manages and/or advises on the development, development and implementation of numerous intergovernmental pact programs for professional licenses, including: The transfer request clearly states that the offender complies with the conditions imposed on him by the sending or receiving state. In addition, the rules of the Covenant clearly provide that the host State has the power to determine the level of supervision and to impose additional conditions, provided that these are compatible with the supervision of other similar offenders convicted in the host State.
The Interstate Pact Unit of the Council of Pardons and Parole is one of the most effective in the country. The unit is responsible for overseeing the placement and transfer of all probation officers within and outside the State of Georgia. In addition to overseeing the deployment of probation officers, the unit is also responsible for responding to violations, processing extraditions and meeting the needs of victims. The unit also handles records for all conditional transfers to federal, non-state, and immigration and naturalization officials. In order to begin the application process, the supervisory authority must consider that it would be in the best interests of an offender and public safety to delegate oversight. The 45-day requirement begins when your completed application is received in the country of arrival. There is no time limit or obligation for a sending State to submit an application to the receiving State […].