U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–010

" ! SENATE 107TH CONGRESS

2d Session

REPORT

2002

107–332

Calendar No. 717

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

NOVEMBER 4, 2002.—Ordered to be printed

Filed under authority of the order of the Senate of October 17, 2002
(II)

COMMITTEE ON GOVERNMENTAL AFFAIRS

JOSEPH I. LIEBERMAN, Connecticut, Chairman

CARL LEVIN, Michigan

DANIEL K. AKAKA, Hawaii

RICHARD J. DURBIN, Illinois

ROBERT G. TORRICELLI, New Jersey

MAX CLELAND, Georgia

THOMAS R. CARPER, Delaware

JEAN CARNAHAN, Missouri

MARK DAYTON, Minnesota

FRED THOMPSON, Tennessee

TED STEVENS, Alaska

SUSAN M. COLLINS, Maine

GEORGE V. VOINOVICH, Ohio

THAD COCHRAN, Mississippi

ROBERT F. BENNETT, Utah

JIM BUNNING, Kentucky

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
(III)

C O N T E N T S

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

2d Session " ! SENATE 107–332

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 of the 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.
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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; § 11233; 111 Stat. 748; § 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.
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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 SelfGovernment 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.
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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.

* * * * * * *
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(b) DIRECTOR.—

* * * * * * *

(2) POWERS AND DUTIES OF DIRECTOR.—The Director shall:

(A) * * *

* * * * * * *

ø(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

personsø.¿;

(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).

* * * * * * *

Æ