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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Bench Book - 5.2.2 State Tort Claims
In addition to civil rights lawsuits, supervised individuals (and others) sometimes file tort claims related to conduct arising under the Compact. In many cases, some form of immunity will apply, and questions related to immunity will generally turn on…
Bench Book - 5.2.2.1 Tort Claims by Supervised Individuals
Supervised individuals 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…
Bench Book - 5.2.2.2 Tort Claims by Others
An unfortunate fact pattern that arises from time to time is when a Compact supervised individual 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…
Bench Book - 5.2.3 Claims under the Compact Itself
Some federal statutes have their own enforcement mechanism through an express or implied cause of action in the federal statute itself. See Alexander v. Sandoval, 532 U.S. 275 (2001) (applying the test through which a court determines whether a statute…
Bench Book - 5.3 Immunity and Related Defenses
Under the doctrine of sovereign immunity, the government may not be sued without its consent. The concept flows from the common-law notion that the “the king can do no wrong” and that a lawsuit could not be brought against him in his own courts. Through…
Bench Book - 5.3.1 Eleventh Amendment Immunity
Under the Eleventh Amendment to the United States Constitution, “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State…
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…
Bench Book - 5.3.1.2 No Protection for Local Governments
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…
Bench Book - 5.3.1.3 Waiver of Eleventh Amendment Immunity
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…
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…
Bench Book - 5.3.3 Immunity in Another State's Courts
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),…
Bench Book - 5.3.4 Judicial Immunity
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…
Bench Book - 5.3.5 Prosecutorial Immunity
Like judges, prosecutors have absolute immunity from lawsuits seeking monetary damages. Imbler v. Pachtman, 424 U.S. 409 (1986). That immunity allows prosecutors to exercise the independence of judgment essential to their work—and to avoid the deluge of…
Bench Book - 5.3.6 Qualified Immunity
Government officials sued in their individual capacity have what is known as qualified immunity from suits for damages to the extent that their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person…
Bench Book - 5.3.7 The Public Duty Doctrine
Some states recognize the so-called public duty doctrine—the idea that a government official has no legal duty to protect an individual citizen from harm caused by a third person. The rule recognizes the limited resources of law enforcement and a refusal…
Bench Book - 5.3.8 Personal Jurisdiction
The Compact necessarily involves supervised individuals 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…
Advisory Opinion 1-2015
Subjecting a transferred supervised individual to short-term confinement for probation violations in North Carolina as the receiving state
Advisory Opinion 2-2015
Eligibility of Conditional Pardon Transferred to an Out of State Secure Treatment Facility
Advisory Opinion 3-2015
Whether Maryland’s Home Detention Program qualifies as supervision under the Interstate Compact
Advisory Opinion 5-2012
Whether Rule 5.108 permits the use of 2-way closed circuit video for conducting probable cause
Rule 6.101 - Informal Communication to Resolve Disputes or Controversies and Obtain Interpretation of the Rules
(a) Through the office of a state’s compact administrator, states shall attempt to resolve disputes or controversies by communicating with each other by telephone, telefax, or electronic mail. (b) Failure to resolve dispute or controversy— Following an…
Rule 6.102 - Formal Resolution of Disputes and Controversies
(a) Alternative dispute resolution—Any controversy or dispute between or among parties that arises from or relates to this compact that is not resolved under Rule 6.101 may be resolved by alternative dispute resolution processes. These shall consist of…
Rule 6.103 - Enforcement Actions Against a Defaulting State
(a) If the Interstate Commission determines that any state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this Compact, the by–laws or any duly promulgated rules the Interstate…
Rule 6.104 - Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate…
Chapter 2: General Provisions
Rules governing the general provisions of the Interstate Commission for Adult Offender Supervision
Chapter 3: Transfer of Supervision
Rules governing transfer of supervision under the compact of the Interstate Commission for Adult Offender Supervision
Chapter 4: Supervision in Receiving State
Rules governing supervision in the receiving state under the compact of the Interstate Commission for Adult Offender Supervision
Chapter 5: Retaking
Rules governing retaking a supervised individual under the compact of the Interstate Commission for Adult Offender Supervision
Chapter 6: Dispute Resolution and Interpretation of Rules
Rules governing dispute resolution and interpretation of rules under the compact of the Interstate Commission for Adult Offender Supervision
White Paper - State Liability: Why Your State Can Be Sanctioned Upon Violation of the Compact or the ICAOS Rules
Revised: 1/21/2026 Executive Summary The Interstate Compact for Adult Offender Supervision (ICAOS) provides the legal framework for the transfer and supervision of individuals on probation or parole across state lines. It ensures public safety,…
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