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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by-laws … 2397 … 2452 … 2454 … 2455 … definitions … 2004 … By-Laws – means those by-laws established by the Interstate …
Congressional consent can significantly change the nature of an interstate Compact. “[W]here Congress has authorized the States to enter into a cooperative agreement, and where the subject matter of that agreement is an appropriate subject for…
… construction of such a [bi-state] Compact sanctioned by Congress by virtue of Article I, § 10, Clause 3 of the Constitution, … Offender Supervision specifies, “All Compacting States’ laws conflicting with this Compact are superseded to the …
The Eleventh Amendment guarantees state sovereign immunity from suit in federal court. The Eleventh Amendment ensures that states retain certain attributes of sovereignty, including sovereign immunity. Hans v. Louisiana, 134 U.S. 1, 13 (1890). Over the…
… abrogates the states’ Eleventh Amendment immunity by reserving the jurisdiction of the federal courts. 359 … 39-40 (2d Cir. 1977). Arguably, the ICAOS evidences intent by the states to be financially and administratively … court would be subject to removal to federal court. … by-laws … compact … interstate compacts … 2019 … Bench Book - …
Some Compacts authorize the interstate commission to seek judicial action to enforce the Compact against a party state. Article XII.C of the ICAOS is a good example. See Interstate Comm’n for Adult Offender Supervision v. Tennessee Bd. of Prob. &…
… do not always analyze Compacts for implied enforcement by third parties, which suggests that parties and courts … create individual rights such rights will not be implied. … by-laws … compact … interstate compacts … 2019 … Bench Book - …
Like any other interstate Compact, the ICAOS inaugurated when state legislatures passed similar statutes enacting the provisions of the agreement. In the case of the ICAOS, the threshold requirement for activation of the Compact was adoption of the…
… for activation of the Compact was adoption of the Compact by thirty-five states. Unlike some Compacts adopted through Executive Order or by delegation of authority to a state official, ICAOS … ANN. CORRECT. SERV. § 6-201, et seq. (2004) 2005 MASS. ANN. LAWS 121 (2005) MICH. CONS. LAWS. § 3-1012 (2004) MINN. …
Of the powers of the Commission, none is more unique and all encompassing than its rulemaking authority. The rules promulgated by the Commission have the force and effect of statutory law within member states and therefore must be given full effect by all…
… than its rulemaking authority. The rules promulgated by the Commission have the force and effect of statutory law … member states and therefore must be given full effect by all state agencies and courts. See Art. IX § A. See Scott … a duly promulgated rule of the Interstate Commission. … by-laws … rules … interstate compacts … 2019 … Bench Book - …
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…
… agreement or Compact. The Compact Clause triggers only by those agreements that would alter the balance of … (non-Compact states placed at competitive disadvantage by the Multistate Tax Compact); Ne. Bancorp v. Bd. of … or any actions that support Congress’ implied consent. … by-laws … compact … interstate compacts … 2019 … Bench Book - …
The Commission can initiate judicial enforcement by filing a complaint or petition in the appropriate U.S. district court. A member state that loses in any such litigation is required to reimburse the Commission for the costs incurred in prosecuting or…
… The Commission can initiate judicial enforcement by filing a complaint or petition in the appropriate U.S. … 957 N.E.2d 660, 663 (Ind. App. 2011) (“All of the rules and bylaws adopted by the commission established by the interstate …
One of the key features of ICAOS is the Commission’s enforcement tools to promote state compliance with the Compact. The tools provided to the Commission are not directed at compelling offender compliance; such compliance is a matter for the member states…
… member states to fulfill their contractual obligations by complying with the terms and conditions of the Compact and any rules promulgated by the Commission. … by-laws … compliance … enforcement … rules … compliance … …
The Commission possesses significant enforcement authority against states deemed in default of their obligations under the Compact. The decision to impose a penalty for noncompliance rests with the Commission as a whole or its executive committee acting…
… the terms of the Compact, monetary penalties ordered by the Commission, or obtaining injunctive relief. Grounds … state’s failure to fulfill such obligations as are imposed by the terms of the Compact, its by-laws, or any duly promulgated rule. … by-laws … compliance … …
The following are key features of the ICAOS: The creation of a formal Interstate Commission comprised of Commissioners representing each of the member states and vested with full voting rights, the exercise of which is binding on the respective state. The…
… management issues can be resolved short of intervention by the Commission. … by-laws … commissioner … compact … compact commissioner … …
The courts have defined the relationship between sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state offenders the receiving state acts on behalf of and as an agent of the sending state…
… to bail as the status of the offender was not controlled by the domestic law of Iowa, but rather by the Interstate Compact for Probation and Parole and the … in the receiving state notwithstanding domestic laws to the contrary. See, Art. V (Commission to adopt rules …
An offender subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state to admit an offender to bail pending completion of the retaking process, individual state law to the contrary…
… standing as if the rule were a statutory law promulgated by that state’s legislature. See Article V. The “no bail” … under the ICPP officials in a receiving state were bound by no bail determinations made by officials in a sending … bail pending retaking. … behavior requiring retaking … by-laws … detain … detainer … due process … offender … …
… may result in the imposition of sanctions as permitted by the Interstate Compact for Adult Offender Supervision, its by-laws and rules. … Definition - Shall …
(a) A transfer request for an offender shall be transmitted through the electronic information system authorized by the commission and shall contain: A narrative description of the instant offense in sufficient detail to describe the circumstances, type…
… through the electronic information system authorized by the commission and shall contain: A narrative description … investigation report, unless distribution is prohibited by law or it does not exist; information as to whether the … restitution, and family support; the balance that is owed by the offender on each; and the address of the office to …
(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…
… its obligations or responsibilities under this Compact, the bylaws or any duly promulgated rules the Interstate Commission … in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; Remedial training and …
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…
… The Interstate Commission may, by majority vote of the members, initiate legal action in … provisions of the Compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event …
Some states recognize the so-called public duty doctrine—the idea that a government official has no legal duty to protect an individual citizen from harm caused by a third person. The rule recognizes the limited resources of law enforcement and a refusal…
… duty to protect an individual citizen from harm caused by a third person. The rule recognizes the limited resources … jurisdictions where it exists. In North Carolina, a promise by law enforcement to protect a specific person can give … with the children who live in the residence approved by the officer if the offender assaults those children. …
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence or employment and avoiding supervision. Adult – means both individuals legally classified as…
… classified as adults and juveniles treated as adults by court order, statute, or operation of law. Application … sum of money charged an interstate compact offender by the sending state for each application for transfer … for revocation of supervision in the receiving state. By-Laws – means those by-laws established by the Interstate …
(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…
… states shall attempt to resolve disputes or controversies by communicating with each other by telephone, telefax, or electronic mail. (b) Failure to … or disputes arising under this compact, its bylaws or its rules as required under Rule 6.101 (a), states …
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states recognize that…
… supervision subject to the provisions of this Compact and By-laws and Rules promulgated hereunder. See, Purposes, Art. I … Courts have held that an interstate Compact authorized by Congress relating to interstate apprehension and retaking …
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…
… not be withdrawn. Although the matter has not been resolved by the U.S. Supreme Court, two federal circuit courts of … in those areas of our national life presently affected by the existence of these Compacts. No doubt the suspicion … years after the Compact has taken effect that Congress may by law withdraw its consent.” 42 U.S.C. § 2021d(d). Express …
State sovereign immunity is, as noted above, the doctrine that prevents a state from being sued in its own courts without its consent. It will generally be a matter of state law, and of course not every state is the same. Many states have narrowed or…
… some degree through the purchase of liability insurance or by the enactment of a state tort claims act, which allows … Hodgson involved a woman who was murdered in Wisconsin by a Mississippi parolee being supervised there under the … on the sovereign immunity analysis under many states’ tort laws. In those states, an official doing work related to the …
Offenders will sometimes allege that officers were negligent in carrying out their duties under the Compact. For example, in Grayson v. Kansas, No. 06-2375-KHV, 2007 WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under the Compact…
… responsibilities that an officer is required to carry out by law. Such a duty existed in the context of ICAOS Rule … alleging that the crash and his injuries were caused by the driver’s negligence and that the drivers were agents … may be held vicariously liable for injuries caused by an independent contractor carrying out the activity. … …
As a general proposition, convicted persons enjoy no right to interstate travel or a constitutionally protected interest to supervision in another state. See Jones v. Helms, 452 U.S. 412, 418-20 (1981); Griffin v. Wisconsin, 483 U.S. 868, 874 (1987); U.S…
… that deprive the offender of some freedoms enjoyed by law-abiding citizens.”); See Virgin Islands v. Miller , … be regarded as free as they have already lost their freedom by due process of law. While paroled, the parolee is a … as such rights were extinguished, or greatly diminished, by a conviction. See e.g., Pelland v. Rhode Island , 317 F. …
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
… between member states that seeks to promote public safety by systematically controlling the interstate movement of … program, attend school or work.; The issuance of warrants by sending states that do not include all 53 compact member … authorized by the compact supersede substantive state laws that may be in conflict. See West Virginia ex rel. Dyer …
Published November 1, 2013 The ICAOS Executive Committee has requested this ‘white paper’ resulting from several recent cases in which courts, prosecuting attorneys, and probation and parole officers have apparently lacked awareness or ignored the…
… between member states that seeks to promote public safety by systematically controlling the interstate movement of … the receiving state on a nationwide, no bail warrant issued by the sending state. However, instead of retaking the … authorized by the compact supersede substantive state laws that may be in conflict. See West Virginia ex rel. …
An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail or other release conditions in any state. History: Adopted November 4, 2003, effective August 1, 2004; amended October 4, 2006…
… against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to …
(a) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements. (b) The sending state shall be required to…
(a) A sending state may request transfer of supervision of an offender who does not meet the eligibility requirements in Rule 3.101, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of the offender…
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