Creation of Michigan State Council for Interstate Adult Offender Supervision EXECUTIVE ORDER 2002-16

EXECUTIVE ORDER

No. 2002 - 16

MICHIGAN STATE COUNCIL FOR INTERSTATE ADULT OFFENDER SUPERVISION DEPARTMENT OF CORRECTIONS

WHEREAS, the supervision and tracking of adult offenders across state lines is necessary to protect the citizens of the state and to prevent crime; and

WHEREAS, Congress, by enacting the Crime Control Act, being 4 U.S.C. Sec. 112 (1965), authorized and encouraged states to enter into compacts for cooperative efforts and mutual assistance in the prevention of crime; and

WHEREAS the Interstate Compact for the Adult Offender Supervision empowers states to regulate offenders interstate movement, to provide for effective tracking, supervision and rehabilitation of the offender, and to equitably distribute the costs, benefits, and obligations of the compact among the states; and

WHEREAS, Michigan is a party to the Interstate Compact for Adult Offender Supervision, and the Compact requires Michigan to create a State Council.

NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:

I. DEFINITIONS

As used herein:

A. The "Council" means the Council established by this order.

B. The "Department of Corrections" means the principal department of state government created by Act No. 380 of the Public Acts of 1965, being Section 16.375 of the Michigan Complied Laws.

C. The "Interstate Commission" means the entity created by the Interstate Compact for Adult Offender Supervision.

D. The "Interstate Compact for Adult Offender Supervision" means the compact entered into by the State of Michigan in Section 2 of Act No. 40 of the Public Acts of 2002, being Section 3.1012 of the Michigan Complied Laws.

II. MICHIGAN STATE COUNCIL FOR INTERSTATE ADULT OFFENDER SUPERVISION

A. The Michigan State Council for Interstate Adult Offender Supervision is hereby created pursuant to Act No. 40 of the Public Acts of 2002, being Section 3.1012 of the Michigan Complied Laws, within the Department of Corrections as a type II advisory body.

B.  The Council shall consist of five (5) members as follows:

1. A representative of the legislature selected by the Legislative Council;

2. A representative of the judiciary selected by the Chief Justice of the Michigan Supreme Court;

3. A representative of the executive branch appointed by the Governor;

4. A representative of crime victims appointed by the Governor; and

5. The compact administrator appointed by the Governor in consultation with the legislature and the judiciary.

C. Appointees shall hold office for a term of four (4) years. However, of the appointees initially appointed, the Governor shall designate one (1) of the Governor's appointees to serve a term of one (1) year and one (1) to serve a term of (3) years, and the representative of the legislature shall serve a term of two (2) years.

D. A vacancy on the council caused by the expiration of a term or by any other cause of termination of membership on the council shall be filled in the same manner as the original appointment.

E. An appointee appointed to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the appointee who he or she is to succeed in the same manner as the original appointment. An appointee may be reappointed for additional terms.

III. Charge to the Council

A. The Council shall appoint the compact administrator as its commissioner to serve on the interstate commission.

B. The council shall exercise oversight and advocacy concerning Michigan's participation in interstate commission activities, including, but not limited to the development of policies concerning operations and procedures of the compact within the state.

IV. OPERATIONS OF THE COUNCIL

A.  The compact administrator shall direct the operations of the council.

B. The council may adopt procedures, not inconsistent with law and with this Order, governing its organization, operation, and procedure.

C. Members of the council shall not delegate their responsibilities to other persons. A majority of the serving members constitutes a quorum for the transaction of business at a meeting. The council shall act by a majority vote of its serving members.

D. The council shall meet at least annually and at the call of the compact administrator as may be provided in the procedures of the council. Meetings of the council may be held at any location within the state of Michigan and may meet by conference call or teleconference.

E. In developing recommendations, the council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The council may consult with outside experts in order to perform its duties.

F. Members of the council shall serve without compensation. Members of the council may receive reimbursement for necessary travel and expenses according to relevant statutes, rules, and procedures of the Department of Management and Budget and the Civil Service Commission.

G. Members of the council shall refer all legal, legislative, and media contacts to the Department of Correction.

H. The council shall be staffed by personnel within the Department of Corrections.

I. All departments, committees, commissioners, or officers of the state or of any political subdivision thereof shall give to the council or to any member or representative thereof, any necessary assistance required by the council, or any member of representative thereof, in the performance of the duties of the council so far as is compatible with its, his or her duties; free access shall also be given to any books, records, or documents in its, his or her custody, relating to matters within the scope of inquiry, study, or investigation of the council.

J. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.

The provisions of this Executive Order shall become effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 10th day of September, in the Year of our Lord, Two Thousand Two.

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GOVERNOR

 

BY THE GOVERNOR:

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SECRETARY OF STATE