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.
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…
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…
Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with the purpose…
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…
Eleventh Amendment immunity does not extend to the political subdivisions of a state (its municipalities and counties) or to the officers and employees of those subdivisions. Mt. Healthy Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1977). Those…
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
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…
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
Judges have absolute immunity from liability as long as they are performing a judicial act and there is not a clear absence of all jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978). A judge is not deprived of absolute immunity from liability for…
(a) Departure notifications—At the time of an offender’s departure from any state pursuant to a transfer of supervision or the granting of reporting instructions, the state from which the offender departs shall notify the intended receiving state, and, if…
(a) Application fee—A sending state may impose a fee for each transfer application prepared for an offender.
(b) Supervision fee—
A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall…
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender.
(b) Upon notice by the sending state that the offender is not complying…
(a) A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report.
(b) A violation report shall contain–
offender’s name and…
An offender in violation of the conditions of supervision may be taken into custody or continued in custody by the receiving state.
History: Adopted October 4, 2006, effective January 1, 2007; amended September 14, 2016, effective June 1, 2017.
(a) If there is reasonable suspicion that an offender has absconded, the receiving state shall attempt to locate the offender. Such activities shall include, but are not limited to:
Documenting communication attempts directly to the offender, including…
(a) At the request of an offender for transfer to a subsequent receiving state, and with the approval of the sending state, the sending state shall prepare and transmit a request for transfer to the subsequent state in the same manner as an initial…
(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…
(a) The receiving state may close its supervision of an offender and cease supervision upon–
The date of discharge indicated for the offender at the time of application for supervision unless informed of an earlier or later date by the sending state;…
(a) Except as required in Rules 5.101-1, 5.102, 5.103 and 5.103-1 at its sole discretion, a sending state may order the return of an offender. The sending state must notify the receiving state within 15 business days of their issuance of the directive to…