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 121 - 150 of 346
Advisory Opinion 1-2012
Effect of New Jersey statute on acquitted persons by reason of insanity
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
Advisory Opinion HIPAA-2005
Guidance from the U.S. Department of Health & Human Services, Office of Civil Rights as to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Coverage & Exemptions for the Interstate Compact for Adult Offender Supervision
Advisory Opinion 6-2005
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
Bench Book - 2.8 Effect of Withdrawal
As discussed, offenders have no constitutional travel rights and states have no constitutional obligations to open their doors to offenders from other states. Thus, ICAOS is the only mechanism by which states can regulate the interstate movement of adult…
Bench Book - 2.9 Key Features of the ICAOS
The following are key features of the ICAOS: The creation of a formal Interstate Commission comprised of Commissioners representing each of the member states and vested with full voting rights, the exercise of which is binding on the respective state. The…
Bench Book - 2.10 Key Definitions in the ICAOS (Art II)
The following definitions should be of particular interest to judicial authorities: Adult – means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. Compact Administrator – means the…
Bench Book - 2.11 Interstate Commission
The ICAOS creates an Interstate Commission to oversee the operations of the Compact nationally, enforce its provisions on the member states, and resolve any disputes that may arise between the states. The Commission is comprised of one voting…
Bench Book - 2.11.1 Primary Powers of the Commission
The powers of the Commission appear in Article V of the ICAOS. Among its primary powers, the Commission: Promulgates rules, which are binding on the states and have the force and effect of statutory law within each member state; Oversees, supervises, and…
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…
Bench Book - 2.12 Enforcement of the Compact and its Rules (Art. IX & Art. XII)
One of the key features of ICAOS is the Commission’s enforcement tools to promote state compliance with the Compact. The tools provided to the Commission are not directed at compelling offender compliance; such compliance is a matter for the member states…
Bench Book - 2.12.1 General Principles of Enforcement
The Commission possesses significant enforcement authority against states deemed in default of their obligations under the Compact. The decision to impose a penalty for noncompliance rests with the Commission as a whole or its executive committee acting…
Bench Book - 2.4 Historical Development of the ICAOS
The ICAOS was written to address problems and complaints with the ICPP. Chief among the problems and complaints were: Lack of state compliance with the terms and conditions of the ICPP; Enforceability of its rules given there was no enforcement mechanism…
Bench Book - 2.5 Purpose of the ICAOS
Against this backdrop, concerned parties proposed a new Compact to the states. Defined in Article I, the purpose of the Compact provided: [T]he framework for the promotion of public safety and protect the rights of victims through the control and…
Bench Book - 2.6 Effect of the ICAOS on the States
As previously discussed, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2004). Accordingly, the agreement created a Compact that must be construed as federal law enforceable on member states through the Supremacy Clause and…
Bench Book - 2.7 Adoption and Withdrawal
Like any other interstate Compact, the ICAOS inaugurated when state legislatures passed similar statutes enacting the provisions of the agreement. In the case of the ICAOS, the threshold requirement for activation of the Compact was adoption of the…
Bench Book - 4.5 Discretionary Disposition of Violation
As previously discussed, Rule 5.102 requires the sending state to retake an offender for a new felony or violent crime conviction after the offender’s release from incarceration for the new crime. This may result in a considerable amount of time between…
Bench Book - 4.6 Arrest of Absconders
Upon receipt of a violation report for an absconding offender, a sending state must issue a national arrest warrant on notification that the offender has absconded. If the absconding offender is apprehended in the receiving state, the sending state shall…
Bench Book - 4.6.1 Arrest of Absconders Who Fail to Return to Return to Sending State as Ordered
ICAOS Rules 4.111 and 5.103 also require sending states to issue nationwide arrest warrants for absconders who fail to return to the sending state in no less than fifteen (15) business days. Warrant requirements apply to offenders who fail to return to…
Advisory Opinion 4-2005
Whether offenders who are not eligible to transfer under Rule 3.101 or 2.105 are permitted to a discretionary transfer
Advisory Opinion 2-2005
Whether officers can arrest and detain compact offenders for probation violations
Advisory Opinion 9-2004
Individuals and sex offenders subject to lifetime supervision (CSL)
Advisory Opinion 7-2004
Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state
Advisory Opinion MA-2004
Adopting an emergency rule for Massachusetts who had not enacted the Compact
Advisory Opinion 4-2004
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
Advisory Opinion 1-2019
How states should manage absconders apprehended in the receiving state
2004 Advisory Opinions
ICAOS Advisory Opinions published in 2004
2005 Advisory Opinions
ICAOS Advisory Opinions published in 2005
2006 Advisory Opinions
ICAOS Advisory Opinions published in 2006
2007 Advisory Opinions
ICAOS Advisory Opinions published in 2007
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