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February 26

First Interstate Crime Compact Ratified (1834)


On February 26, 1834, New York and New Jersey ratified the very first U.S. interstate crime compact.

Article I, Section 10 of the U.S. Constitution states that "no state shall enter into an agreement or compact with another state" without the consent of Congress. However, the U.S. Supreme has interpreted this clause to mean that Congress only has to approve interstate compact agreements that affect the balance of power within the federal system.

So, many interstate compact agreements do not need Congress’ approval. But states which agree to interstate compacts between each other must agree to all the terms of the compact. So, an interstate compact is an agreement between two or more state governments with the consent of Congress (when required) to establish some type of mutual legal cooperation.

Interstate compact agreements may even create new governmental agencies responsible for ensuring the administration and enforcement of the compact. Interstate compacts must also generally comply with state constitutional requirements of the signatory states.

In criminal law, an interstate compact generally refers to the arrangement between two or more states for the supervision, enforcement, and transfer of individuals on probation to move from one state to another state. For example, the Interstate Commission for Adult Offender Supervision (ICAOS) guides the transfer of offenders between different states in a prescribed manner consistent with public safety and accountability.

As another example, since 1937, the Interstate Compact for the Supervision of Parolees and Probationers acts as the statutory compact regulating the transfer of adult parolees and probation violators across state boundaries. All 50 states, Puerto Rico, the District of Columbia, and the U.S. Virgin Islands are members of this interstate compact agreement.

Today, there are many types of interstate compacts on all kinds of different areas, including compacts that regulate natural resources, transportation, utility regulations, and tobacco production.