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 1 - 30 of 286
Definition - Offender
Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice…
Definition - Sex Offender 
Sex Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice…
Bench Book - 3.4.2.1 Disabled Offenders
A receiving state is obligated to continue to supervise offenders “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.” See Rule 2.108. Therefore, it would be…
Chapter 4 - Returning Offenders to the Sending State
Rule 5.109 - Transport of offenders
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.
Rule 2.108 - Offenders with disabilities
A receiving state shall continue to supervise offenders who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.  History: Adopted November 3, 2003, effective August 1, 2004.
Bench Book - 3.2.1 Offender Eligibility Criteria
Determining offender eligibility under the Compact requires a multi-prong analysis beginning with the broad definition of offender. An “offender” means “an adult placed under, or made subject to, supervision as a result of the commission of a criminal…
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…
Bench Book - 3.7 Sex Offender Registration
Courts have generally upheld sex offender registration requirements for offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender…
Rule 5.104 - Cost of retaking an offender
A sending state shall be responsible for the cost of retaking the offender. History: Adopted November 4, 2003, effective August 1, 2004.
Rule 5.107 - Officers retaking an offender
(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…
Bench Book - 5.2.2.1 Tort Claims by Offenders
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…
Chapter 2 - Interstate Commission for Adult Offender Supervision (ICAOS)
Bench Book - 3.2.1.4 Employment Transfers of Offenders and Their Families
The other circumstances in which a receiving state is mandated to accept supervision include the employment transfer of an offender and the employment transfer of a family member with whom the offender resides with to another state. Rule 3.101-1(a)(3) and…
Bench Book - 3.3.4 Transfer of Supervision of Sex Offenders
The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment restrictions. Rule 3.101-3 addresses these challenges in order to promote offender…
Bench Book - 4.1 Status of Offenders Subject to ICAOS
One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…
Rule 4.111 - Offenders returning to the sending state
(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 felony or violent crime in the receiving state. The…
Rule 5.103 - Offender behavior requiring retaking
(a) Upon a request by the receiving state and documentation that the offender’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from the receiving state or a subsequent receiving state within…
Rule 5.105 - Time allowed for retaking an offender
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,…
Rule 2.106 - Offenders subject to deferred sentences
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision pursuant to a pre-trial…
Rule 2.107 - Offenders on furlough, work release
A person who is released from incarceration under furlough, work-release, or other preparole program is not eligible for transfer under the compact. History: Adopted November 3, 2003, effective August 1, 2004.
Rule 2.110 - Transfer of offenders under this compact
(a) No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact is not subject to…
Rule 3.101-3 - Transfer of supervision of sex offenders
(a) Eligibility for Transfer—At the discretion of the sending state a sex offender shall be eligible for transfer to a receiving state under the Compact rules. A sex offender shall not be allowed to leave the sending state until the sending state’s…
Bench Book - 4.3.2 Offenders Convicted of a Violent Crime
At the request of a receiving state, Rule 5.102 requires the sending state to retake an offender convicted of a violent crime. A violent crime is qualified by one of the following four criteria: (1) any crime involving the unlawful exertion of physical…
Rule 5.103-1 - Mandatory retaking for offenders who abscond
(a) Within 15 business days of 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…
Rule 3.104-1 - Acceptance of offender; issuance of reporting instructions
(a) If a receiving state accepts transfer of the offender, the receiving state’s acceptance shall include reporting instructions. (b) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit to the…
Rule 3.108-1 - Victim notification and requests for offender information
(a) Notification to victims upon transfer of offenders—Within 1 business day of the issuance of reporting instructions or acceptance of transfer by the receiving state, the sending state shall initiate notification procedures to victims of the transfer of…
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…
Bench Book - 2.2 Why the Interstate Compact for Adult Offender Supervision?
The intent of the ICAOS is not to dictate judicial sentencing or place restrictions on the court’s discretion relative to sentencing. See Scott v. Virginia, 676 S.E.2d 343, 347 (Va. App. 2009). The ICAOS contains no provisions directing judges on…
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…
Displaying 1 - 30 of 286