State's refusal of Ark. felons violates national compact

Washington's refusal to accept new felon transfers from Arkansas since the shooting of four Lakewood police officers is apparently a violation of an interstate compact between the states.

Last week, the federal agency that oversees the Interstate Compact for Adult Offender Supervision (ICAOS) — a 50-state contract governing the state-to-state transfer of felons on probation or parole — issued an opinion that rebuked Washington over Arkansas felons. Washington has rejected at least three "mandatory" transfers from Arkansas since December.

The dispute springs from the Nov. 29 shooting of four Lakewood police officers by Maurice Clemmons, an Arkansas felon under supervision in Washington.

After the shooting, Washington officials accused Arkansas of violating the spirit of the compact in Clemmons' case and demanded changes to the rules that — if in place last year — would have given it authority to send Clemmons back to Little Rock before the shooting.

But in the opinion issued last week, ICAOS officials said Washington could not unilaterally change the compact, which has the effect of federal law. The compact requires states to accept "mandatory transfers" of felons — including Clemmons — who have families and jobs in other states. It allows states to send felons home only if they have three "significant" violations of probation or are convicted of a new felony.

Washington wants changes to the compact that would give the state more criminal and social history of felons before accepting transfers. It also wants authority to send a felon home if he proves to be a risk to community safety.

"We know what the rules are," said Eldon Vail, secretary of Washington' DOC. "We're still trying to persuade Arkansas to improve community safety by implementing a supplemental agreement."

ICAOS officials met with Vail last month in Olympia. His staff plans to address the compact's governing board in Kentucky on March 31.

If agreement is not reached, Washington could withdraw from the compact, but such a move would be complicated. ICAOS could seek a federal court order requiring Washington to accept transfers from Arkansas.

Officials from Arkansas' Department of Community Correction couldn't be reached Wednesday.

As of late 2009, Washington had the nation's fourth-highest ratio for importing supervised felons from other sates. Washington had 1,046 felons under supervision elsewhere, and supervised 2,527 felons from other states.

Jonathan Martin: 206-464-2605 or jmartin@seattletimes.com