Compact Online Reference Encyclopedia (CORE)

Looking for information on a specific topic, training, rule, or process? Through one search here, you can find the information you need from ICAOS’ white papersadvisory opinionstraining modulesrules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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Understanding the legal nature of an interstate Compact begins with this basic point: interstate Compacts are formal agreements between states that exist simultaneously as both (1) statutory law, and (2) contracts between states. The contractual nature…
An interstate Compact is not a “uniform law” as typically construed and applied. Unlike interstate Compacts, uniform laws are not contracts; a state adopting an interstate Compact may not select provisions of an interstate Compact to adopt; and, a state…
Compacts differ from administrative agreements in two principal ways. First, states, as sovereigns, have inherent authority to enact Compacts. See Rhode Island v. Massachusetts, 37 U.S. (12 Pet.) 657, 725 (1838). Thus, states do not need any express…
One of the axioms of modern government is a state legislature’s ability to delegate rulemaking power to an administrative body. This delegation of authority extends to the creation of an interstate commission through an interstate Compact. See Hess v.…
The ICAOS operates under Congress’ consent in the Crime Control Act of 1934, 4 U.S.C. § 112 (2012).
The Compact Clause of the U.S. Constitution states, “No State shall, without the consent of Congress, . . . enter into any agreement or Compact with another State . . . .” U.S. CONST. art. I, § 10, cl. 3. Though a strict reading of the Compact Clause…
Once Congress grants its consent to a Compact, the general view is that it may not be withdrawn. Although the matter has not been resolved by the U.S. Supreme Court, two federal circuit courts of appeal have held that congressional consent, once given, is…
A receiving state shall require that an offender transferred under the interstate compact comply with any offender registration and DNA testing requirements in accordance with the laws or policies of the receiving state and shall assist the sending state…
(a) Departure notifications—At the time of an offender’s departure from any state pursuant to a transfer of supervision or the granting of reporting instructions, the state from which the offender departs shall notify the intended receiving state, and, if…
(a) Application fee—A sending state may impose a fee for each transfer application prepared for an offender. (b) Supervision fee— A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall…
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender. (b) Upon notice by the sending state that the offender is not complying…
An offender in violation of the conditions of supervision may be taken into custody or continued in custody by the receiving state. History: Adopted October 4, 2006, effective January 1, 2007; amended September 14, 2016, effective June 1, 2017.  
(a) If there is reason to believe that an offender has absconded, the receiving state shall attempt to locate the offender. Such activities shall include, but are not limited to: Conducting a field contact at the last known place of residence; Contacting…
(a) At the request of an offender for transfer to a subsequent receiving state, and with the approval of the sending state, the sending state shall prepare and transmit a request for transfer to the subsequent state in the same manner as an initial…
(a) For an offender returning to the sending state, the receiving state shall request reporting instructions, unless the offender is under active criminal investigation or is charged with a subsequent criminal offense in the receiving state. The receiving…
(a) Except as required in Rules 5.101-1, 5.102, 5.103 and 5.103-1 at its sole discretion, a sending state may retake or order the return of an offender. (b) If the offender does not return to the sending state as ordered, then the sending state shall…
Notwithstanding any other rule, a sentence imposing a period of incarceration on an offender convicted of a new crime which occurred outside the sending state during the compact period may satisfy or partially satisfy the sentence imposed by the sending…
(a) Upon a request from the receiving state, a sending state shall retake an offender from the receiving state or a subsequent receiving state after the offender’s conviction for a new felony offense or new violent crime and: completion of a term of…
(a) Upon receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in custody. (b) If an offender who has…
REPEALED effective March 1, 2014 History: Adopted October 13, 2010, effective March 1, 2011; repealed August 28, 2013, effective March 1, 2014.
A sending state shall be responsible for the cost of retaking the offender. History: Adopted November 4, 2003, effective August 1, 2004.
A sending state shall retake an offender within 30 calendar days after the offender has been taken into custody on the sending state’s warrant and the offender is being held solely on the sending state’s warrant. History: Adopted November 4, 2003,…
A receiving state shall be responsible for the cost of detaining the offender in the receiving state pending the offender’s retaking by the sending state. History: Adopted November 4, 2003, effective August 1, 2004.
(a) An offender subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred. (b) No…
States that are party to this compact shall allow officers authorized by the law of the sending or receiving state to transport offenders through the state without interference. History: Adopted November 4, 2003, effective August 1, 2004.
(a) Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender’s release from that facility provided that– No detainer has been…
(a) Through the office of a state’s compact administrator, states shall attempt to resolve disputes or controversies by communicating with each other by telephone, telefax, or electronic mail. (b) Failure to resolve dispute or controversy— Following an…
(a) Alternative dispute resolution—Any controversy or dispute between or among parties that arises from or relates to this compact that is not resolved under Rule 6.101 may be resolved by alternative dispute resolution processes. These shall consist of…
(a) If the Interstate Commission determines that any state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this Compact, the by–laws or any duly promulgated rules the Interstate…
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate…
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