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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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…
… any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be … … interstate compacts … 2004 … Rule 6.104 - Judicial Enforcement
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 … party shall be awarded all costs associated with the enforcement action, including reasonable attorneys’ fees). … of a judgment vis-à-vis the Commission. … by-laws … enforcement … rules … compliance … dispute resolutions … …
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 Commission possesses significant enforcement authority against states deemed in default of … executive committee acting on the Commission’s behalf. The enforcement tools available to the Commission include: … or any duly promulgated rule. … by-laws … compliance … enforcement … rules … training modules … compliance … …
(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…
… August 28, 2013 , effective March 1, 2014. … compliance … enforcement … rules … substantial compliance … compliance … 2014 … Rule 6.103 - Enforcement actions against a defaulting state …
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. &…
… NOTE: Courts do not always analyze Compacts for implied enforcement by third parties, which suggests that parties … - 1.8 Party State, Interstate Commission, and Third-Party Enforcement Compacts …
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…
… One of the key features of ICAOS is the Commission’s enforcement tools to promote state compliance with the … promulgated by the Commission. … by-laws … compliance … enforcement … rules … compliance … interstate compacts … 2019 … Bench Book - 2.12 Enforcement of the Compact and its Rules (Art. IX & Art. XII) …
… pursuant to statute and/or rule and which commands law enforcement to arrest an offender. The warrant shall be …
Clarification of Rule 3.101-3(c)(1) regarding sex offenders living in the receiving state at the time of sentencing and of Rule 4.103 regarding imposition and enforcement of special conditions. 1. Whether a sending state is required to provide details of…
… of sentencing and of Rule 4.103 regarding imposition and enforcement of special conditions. 1. Whether a sending … time of sentencing & of Rule 4.103 regarding imposition and enforcement of special conditions. Applicable Rules and …
The federal right in question in a Section 1983 action is typically a constitutional right (for example, the right to equal protection under the law or the right to be free from an unreasonable search under the Fourth Amendment to the United States…
The ICAOS was written to address problems and complaints with the ICPP. Chief among the problems and complaints were: Lack of state compliance with the terms and conditions of the ICPP; Enforceability of its rules given there was no enforcement mechanism…
… of the ICPP; Enforceability of its rules given there was no enforcement mechanism provided in the ICPP. Thus, the enforcement tools provided for in the rules of the Parole …
Some federal statutes have their own enforcement mechanism through an express or implied cause of action in the federal statute itself. See Alexander v. Sandoval, 532 U.S. 275 (2001) (applying the test through which a court determines whether a statute…
… Some federal statutes have their own enforcement mechanism through an express or implied cause of …
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…
… rules. This principle would extend to state court enforcement of the Compact as federal law under the …
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…
… person. The rule recognizes the limited resources of law enforcement and a refusal to expose the police and others to … where it exists. In North Carolina, a promise by law enforcement to protect a specific person can give rise to a …
This on-demand training module discusses Rule 5.102 and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony or violent crime by reporting the violation on the offender Violation Report Requiring Retaking.…
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…
… suspension or termination from the compact, and judicial enforcement in U.S. District Court against any compacting … compact. The compact’s governing structure anticipates that enforcement of the compact through judicial process will be … unsuccessful. However, where necessary the provisions for enforcement through federal court action to secure …
(a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on an offender if that condition would have been imposed on an offender sentenced in the receiving state. (b) A receiving state shall notify a…
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto intended to protect certain health care information from disclosure to authorized persons or entities. Generally, prior to disclosure of health…
… interest in certain health care information. There is a law enforcement exception to the requirement to obtain a written … applicable ethical standards, including disclosure to law enforcement authorities when necessary to protect the public … protected health care information must be genuinely for law enforcement purposes. Thus, it should not be assumed that …
The ICAOS creates an Interstate Commission to oversee the operations of the Compact nationally, enforce its provisions on the member states, and resolve any disputes that may arise between the states. The Commission is comprised of one voting…
The powers of the Commission appear in Article V of the ICAOS. Among its primary powers, the Commission: Promulgates rules, which are binding on the states and have the force and effect of statutory law within each member state; Oversees, supervises, and…
As discussed, offenders have no constitutional travel rights and states have no constitutional obligations to open their doors to offenders from other states. Thus, ICAOS is the only mechanism by which states can regulate the interstate movement of adult…
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…
… suspension or termination from the compact, and judicial enforcement in U.S. District Court against any compacting … compact. The compact’s governing structure anticipates that enforcement of the compact through judicial process will be … unsuccessful. However, where necessary the provisions for enforcement through federal court action to secure …
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 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…
… and others; Broad rulemaking authority; Extensive enforcement authority, including requirements for remedial …
In Texas v. New Mexico, the Supreme Court sustained exceptions to a Special Master’s recommendation to enlarge the Pecos River Compact Commission, holding that one consequence of a Compact becoming “a law of the United States” is that “no court may order…
… 2012). Where the Compact does not articulate the terms of enforcement, courts have wide latitude to fashion remedies …
Although a state may be required to accept supervision given the offender’s eligibility status, the receiving state may determine that conditions are necessary at the time of acceptance. The receiving state can only impose conditions that it would impose…
As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court…
… supervision. See Rule 4.108(b) . The actual collection and enforcement of the financial obligation rests with the …
Guidance from the U.S. Department of Health & Human Services, Office of Civil Rights as to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Coverage & Exemptions for the Interstate Compact for Adult Offender Supervision
… an individual’s privacy while allowing important law enforcement functions to continue. ( See HIPAA Privacy Rule … exempts certain disclosures of health information for law enforcement purposes without an individual’s written … protected health information may be disclosed for law enforcement purposes when such disclosures are required by …
As previously discussed, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2004). Accordingly, the agreement created a Compact that must be construed as federal law enforceable on member states through the Supremacy Clause and…
In 1934, Congress authorized the creation of interstate Compacts on crime control, which led to the 1937 Interstate Compact for the Supervision of Parolees and Probationers. Also referred to as the Interstate Compact for Probation and Parole or the…
… and mutual assistance in the prevention of crime and in the enforcement of their respective criminal laws and policies, …
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…
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