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 papers, advisory opinions, bylaws, policies, Hearing Officer's Guide, training modules, rules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

Displaying 61 - 90 of 178
Bench Book - 3.2.1.1 Offenders Covered by the ICAOS
According the Commission’s definition of “offender,” the Commission can regulate the full range of adult offenders. An adult offender does not have to be on a traditionally applied formal “probation” or “parole” status to qualify for transfer and…
Hearing Officer's Guide - IV. Retaking Based on Violations that Occur in Another State
If the retaking of an offender is based on violations of the conditions of supervision that occur in another state, the hearing to which the offender is entitled may be substantially less. In general, if the violation occurs during a visit for example,…
Bench Book - 3.8.2 Fees
Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a…
Hearing Officer's Guide - III. Retaking Based on Violations that Occur in the Receiving State
Where the retaking of an offender is based on a violation of the conditions of supervision in the receiving state and such violation is likely to form the basis for revocation of community supervision in the sending state, the following additional…
Bench Book - 4.7.3.3 Probable Cause Hearings Waiver
The offender may waive this hearing only if she or he admits to one or more violations of their supervision. See Rule 5.108(b), also Sanders v. Pennsylvania Board of Probation and Parole, 958 A.2d 582 (2008). The effect of waiving the probable cause…
Bench Book - 4.3.1 Violation Reports Requiring Retaking
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
Advisory Opinion 8-2006
Whether a receiving state can predicate acceptance to a residential program on the sending state agreeing to retake if the offender fails to complete the program.
On-Demand - ICAOS/ICOTS 304 Reporting Violations Requiring Retaking
This on-demand training module illustrates the violation reporting process for offenders supervised in a receiving state and how this process impacts the sending state's obligation to retake an offender. Completion time is approximately 20 minutes.
Management and Disposal of Assets 03-2007
I. Authority The Executive Committee is vested with the power to adopt a policy on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day-to-day activities managed by…
Rule 4.108 - Collection of restitution, fines and other costs
(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…
Advisory Opinion 2-2015
Whether an offender granted a conditional pardon and moved to a secure treatment facility is eligible for transfer under the Compact
Bench Book - 2.3 General Principles Affecting Interstate Movement of Offenders
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…
Bench Book - 5.3.1.3 Waiver of Eleventh Amendment Immunity
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
Rule 5.108 - Probable cause hearing in receiving state
(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…
On-Demand - ICAOS 201 Retaking & Warrants
This on-demand training module includes: Retaking & Warrant Overview Discretionary Retaking & Mandatory Retaking
Chapter 3 - The ICAOS Implications for the Courts
States are bound to the Commission’s rules under the terms of the Compact. The rules adopted by the Commission have the force and effect of statutory law and all courts and executive agencies shall take all necessary measures to enforce their application…
Bench Book - 5.2.1.4 No Substitute for Appeal or Habeas Corpus
In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court clarified that a Section 1983 action should not be used to challenge the validity of a criminal judgment. If the alleged civil rights violation would be one that would render a conviction,…
Chapter 1 - General Law of Interstate Compacts
Overview The legal environment for Compacts involves an amalgamation of Compact texts and case law from federal and state courts throughout the country. Because there are relatively few court decisions establishing legal principles in any particular court…
Bench Book - 3.3.1.1 Expedited Transfers
Through its rules, the Commission allows an “expedited” option, which effectively allows the offender to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, the sending and receiving state must agree that…
Bench Book - 4.7.2 Right to Counsel
Under the rules of the Commission, a state is not specifically obligated to provide counsel in circumstances of revocation or retaking. However, particularly with regard to revocation proceedings, a state should provide counsel to an indigent offender if…
Rule 4.106 - Progress reports on offender compliance and non–compliance
(a) A receiving state shall submit a progress report to the sending state within 30 calendar days of receiving a request. (b) A receiving state may initiate a progress report to document offender compliant or noncompliant behavior that does not require…
Bench Book - 1.6 Application of State Law that Conflicts with an Interstate Compact
Where state law and a Compact conflict, courts are required under the Supremacy Clause (for Compacts with consent) and as a matter of contract law to apply the terms and conditions of the Compact to a given case. The fact that a judge may not like the…
Rule 3.108 - Victims’ right to be heard and comment
(a) When an offender submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, the victim notification authority in the sending state shall inform victims of the offender of their right to be…
Rule 3.101-1 - Mandatory reporting instructions and transfers of military, families of military, family members employed, employment transfer, and veterans for medical or mental health services
(a) At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer for: Transfers of military members—An offender who is a member of…
Bench Book - 4.7.3.2.3 Post Probable Cause Hearing
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state may detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
Bench Book - 4.2.2 Uniform Extradition Act Considerations
An offender who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Extradition and Rendition Act (UERA). Under that act, a fugitive may waive all…
Bench Book - 4.4 Arrest and Detention of Offenders in the Receiving State
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…
Rule 2.105 - Misdemeanants
(a) A misdemeanor offender whose sentence includes 1 year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as specified in Rule 3.101, have been satisfied; and the instant offense includes one or more…
Bench Book - 4.2.1 Waiver of Extradition under the ICAOS
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…
Hearing Officer's Guide - Introduction
This guide is intended to provide hearing officers with basic guidance regarding the retaking procedures that may apply to offenders subject to the Interstate Compact for Adult Offender Supervision (ICAOS). Several cautionary notes should be understood in…
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