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 211 - 240 of 292
Screening a Supervised Individual from Public View in ICOTS’ Public Access Portal 04-2009
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…
Advisory Opinion 2-2005
Whether officers can arrest and detain compact offenders for probation violations
White Paper - State Liability: Why Your State Can Be Sanctioned Upon Violation of the Compact or the ICAOS Rules
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…
Advisory Opinion 9-2006
Whether the offender being in the receiving state prior to investigation is a valid reason for rejection
Advisory Opinion 4-2005
Whether offenders who are not eligible to transfer under Rule 3.101 or 2.105 are permitted to a discretionary transfer
Advisory Opinion 3-2015
Whether offenders sentenced to home detention programs are eligible for transfer under the Compact
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.
Bench Book - 5.3.8 Personal Jurisdiction
The Compact necessarily involves offenders moving across state lines. Therefore, considerations of different courts’ personal jurisdiction over the parties to a suit might come into play. Unfortunately, different courts have reached different results when…
Advisory Opinion 6-2005
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
Advisory Opinion 2-2008
Authority to issue travel permits
Bench Book - 5.3.2 State Sovereign Immunity
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…
INTERSTATE COMPACT LAW - A HISTORICAL PERSPECTIVE
Interstate Compacts are not new legal instruments. Compacts derive from the nation’s colonial past where states utilized agreements, similar to modern Compacts, to resolve intercolonial disputes, particularly boundary disputes. The colonies and crown…
Enhancement Requests for Electronic System Authorized by the Commission 02-2018
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 Commission’s day-to-day activities…
Bench Book - 5.3.1.1 Official Capacity versus Individual Capacity
Eleventh Amendment immunity also extends to state government officers and employees to the extent that they are sued in their official capacity, but not to suits against them in their individual capacity. The distinction between official-capacity and…
Advisory Opinion HIPAA-2005
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
Advisory Opinion 7-2004
Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state
Bench Book - 1.8 Party State, Interstate Commission, and Third-Party Enforcement Compacts
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. &…
Advisory Opinion 1-2011
Whether rule 2.105 applies to hunting violations involving the use of a firearm
Advisory Opinion 1-2014
Whether an offender who has been arrested and released on bail for pending charges in the receiving state may be apprehended and detained for retaking by the sending state pending resolution of the new criminal charge
Bench Book - 2.11.2 Rulemaking Powers
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…
Record Retention and Destruction 02-2009
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…
Advisory Opinion MA-2004
Adopting an emergency rule for Massachusetts who had not enacted the Compact
Bench Book - 1.4.1 When Consent is Required
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…
Training and Technical Assistance 01-2008
I. Authority The Executive Committee is vested with the power to act 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 the…
Guidelines for Handling Closed Session Minutes 01-2009
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…
Bench Book - 1.4.3 Implications of Congressional Consent
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…
Definition - Travel Permit 
Travel Permit – means the written permission granted to an offender authorizing the offender to travel from one state to another.
Definition - Retaking
Retaking – means the act of a sending state in physically removing an offender, or causing to have an offender removed, from a receiving state.
Definition - Sending State
Sending State – means a state requesting the transfer of an offender, or which transfers supervision of an offender, under the terms of the Compact and its rules.
Definition - Supervision
Supervision – means the oversight exercised by authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which time the offender is required to report to or be monitored by…
Displaying 211 - 240 of 292