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[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

                              ----------                              
                                                                   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

======================================================================

 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).

           *       *       *       *       *       *       *

                                
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