As previously noted, Article I of ICAOS authorizes officers from a sending state to enter a receiving state, or any state where a supervised individual has absconded, for the purpose of retaking. Except for limited exceptions, the decision to retake lies solely at the discretion of the sending state. See Rule 5.101(a). However, if a supervised individual faces charges for a new offense in the receiving state, the sending state may not retake the individual without prior consent from receiving state authorities until the criminal charges are dismissed, the sentence is satisfied, or the supervised individual is released on supervision. See Rule 5.101-1.

Several exceptions limit the sending state’s discretion for retaking a supervised individual. These exceptions, invoked by a receiving state, require retaking by the sending state when supervision is no longer feasible. First, a sending state must retake a supervised individual upon the request of the receiving state or a subsequent receiving state if the individual has been convicted of a felony offense or violent crime. See Rule 1.101 and Rule 5.102. The sending state may retake only after the charges are dismissed, the sentence is satisfied, or the individual is released on supervision for the subsequent offense unless both states mutually agree to the retaking. Second, the sending state is required to retake a supervised individual upon the receiving state’s request if the individual has engaged in behavior requiring retaking. See Rule 1.101 and Rule 5.103. Furthermore, only the receiving state can invoke Rule 5.103, and the applicability of this rule assumes that the violating behavior occurred in the receiving state. It is important to note that the gravity of the violating act or pattern of non-compliance is measured by the standards of the receiving state. Therefore, a sending state is required to retake a supervised individual even if the violating act or pattern of non-compliant behavior would not result in revocation under the standards of the sending state. So long as the receiving state documents the violation(s) showing the behavior could not be successfully addressed through corrective action or graduated responses, and it meets the revocation standards of the receiving state, the sending state is obligated to retake. This may have significant implications for the need to conduct a retaking or probable cause hearing in the receiving state as required by Rule 5.108.

Under the Compact, officers from the sending state may enter the receiving state, or any other state to which the supervised individual has absconded, to retake the individual. Since the Compact and Rule 3.109 waive formal extradition proceedings, officers only need to establish their authority and confirm the identity of the supervised individual. See Rule 5.107(a) & (b). Due process requirements, such as the requirement for a probable cause hearing, may also apply if the violations are to form the basis for revocation proceedings in the sending state. See Rule 5.108(a). Once sending state officers establish authority and meet due process requirements, authorities in a receiving state may not prevent, interfere with or otherwise hinder the transportation of the supervised individual back to the sending state. See Rule 5.109. Interference by court officials would constitute a violation of the ICAOS and its rules.