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.

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Hearing Officer's Guide - V. Waiver of Hearing
Rule 5.108 provides that an offender subject to retaking can waive a probable cause hearing. No waiver is to be accepted unless the offender admits to one or more violations that are subject to revocation of supervision. The critical elements of such a…
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.
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 - 3.3.2 Pre-Acceptance Testing
An offender who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition of acceptance of the transfer. Such “pre-acceptance” requirements imposed on otherwise…
Rule 5.101-1 - Pending felony or violent crime charges
Notwithstanding any other rule, if an offender is charged with a subsequent felony or violent crime, the offender shall not be retaken or ordered to return until criminal charges have been dismissed, sentence has been satisfied, or the offender has been…
Rule 2.101 - Involvement of interstate compact offices
(a) Acceptance, rejection or termination of supervision of an offender under this compact shall be made only with the involvement and concurrence of a state’s compact administrator or the compact administrator’s designated deputies. (b) All formal written…
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…
Rule 3.109 - Waiver of extradition
(a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state. (b) States that are party…
Rule 4.101 - Manner and degree of supervision in receiving state
A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the receiving state, including the use of incentives, corrective actions, graduated responses, and other supervision techniques.…
Bench Book - 3.6.2 Authority to Impose Conditions
Courts and paroling authorities have wide latitude in imposing conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the underlying offense, promote offender rehabilitation, not unreasonably impinge on…
White Paper - Discharge of Sentences in Lieu of Retaking is a Violation of the Compact and the ICAOS Rules
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…
Bench Book - 3.2.1.3 Special Rules for Military Personnel and Their Families
Rule 3.101-1 addresses three categories of military individuals: (1) military personnel, (2) family members living with military personnel; and (3) veterans for medical or mental health services. Military Personnel are eligible for reporting instructions…
Advisory Opinion 8-2005
Whether a receiving state can make a determination of substantial compliance if an offender commits a crime in the receiving state during the period of investigation or has an outstanding warrant
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 - 5.2.2.2 Tort Claims by Others
An unfortunate fact pattern that arises from time to time is when a Compact offender causes the injury or death of a victim. Victims of those incidents (or their family members or estate) will sometimes raise tort claims against correctional or judicial…
Dues Assessment and Enforcement 05-2004
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…
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…
Advisory Opinion 1-2008
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Definition - Application Fee
Application Fee – means a reasonable sum of money charged an interstate compact offender by the sending state for each application for transfer prepared by the sending state.
Definition - Victim-Sensitive
Victim-Sensitive – means a designation made by the sending state in accordance with its definition of “crime victim” under the statutes governing the rights of crime victims in the sending state. The receiving state shall give notice of offender’s…
Emergency Guidelines 01-2020
I. Authorization Article I of the ICAOS BYLAWS provides that, the Commission “is established to fulfill the objectives of the Compact” through “the promulgation of binding rules and operating procedures” governing “oversight and coordination of offender…
Bench Book - 4.8 Bail Pending Return
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…
BYLAWS - ARTICLE I - COMMISSION PURPOSE, FUNCTION AND BY-LAWS
Section 1. Purpose. Pursuant to the terms of the Interstate Compact for Adult Offender Supervision, (the “Compact”), the Interstate Commission for Adult Offender Supervision (the “Commission”) is established to fulfill the objectives of the Compact,…
Definition - Discharge
Discharge – means the final completion of the sentence that was imposed on an offender by the sending state.
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…
Advisory Opinion 1-2019
How states should manage absconders apprehended in the receiving state
Definition - Subsequent Receiving State
Subsequent Receiving State – means a state to which an offender is transferred that is not the sending state or the original receiving state.
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.
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…
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