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 211 - 240 of 347
Rule 4.105 - Arrival and departure notifications; withdrawal of reporting instructions
(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…
Rule 4.107 - Fees
(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…
Rule 4.108 - Collection of restitution, fines and other costs
(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…
Rule 4.109 - Violation report(s) requiring retaking
(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…
Rule 4.109-1 - Authority to arrest and detain
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.  
Rule 4.109-2 - Absconding Violation
(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…
Rule 4.110 - Transfer to a subsequent receiving state
(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…
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
Rule 5.103-1 - Mandatory retaking for offenders who abscond
(a) Within 15 business days of receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in custody. (b) If an…
Rule 5.103-2 - Mandatory retaking for violent offenders and violent crimes [Repealed]
REPEALED effective March 1, 2014 History: Adopted October 13, 2010, effective March 1, 2011; repealed August 28, 2013, effective March 1, 2014.
Rule 5.104 - Cost of retaking an offender
A sending state shall be responsible for the cost of retaking the offender. History: Adopted November 4, 2003, effective August 1, 2004.
Bench Book - 5.2.1.2 Constitutional Violations Related to ICAOS
That the Compact itself does not create a private right of action does not mean that offenders subject to it are left without a remedy under Section 1983. Instead, it means that their complaints must be framed as violations of a right enumerated in the…
Bench Book - 5.2.1.3 No Supervisor Liability under Section 1983
In general, Section 1983 liability will not be predicated solely on a theory of respondeat superior. For example, a chief probation officer or other supervisor or manager will not automatically be deemed vicariously liable simply because he or she sits…
Bench Book - 5.2.1.4 No Substitute for Appeal or Habeas Corpus
In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court clarified that a Section 1983 action should not be used to challenge the validity of a criminal judgment. If the alleged civil rights violation would be one that would render a conviction,…
Bench Book - 5.2.1.5 Official Capacity versus Individual Capacity
Plaintiffs can bring Section 1983 actions against defendants in their official capacity or in their individual capacity. Defendants sued in their official capacity will generally be immune from suits for money damages under the Eleventh Amendment to the…
Rule 5.109 - Transport of offenders
States that are party to this compact shall allow officers authorized by the law of the sending or receiving state to transport offenders through the state without interference. History: Adopted November 4, 2003, effective August 1, 2004.
Rule 5.110 - Retaking offenders from local, state or federal correctional facilities
(a) Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender’s release from that facility provided that– No detainer has been…
Rule 5.111 - Denial of bail or other release conditions to certain offenders
An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail or other release conditions in any state. History: Adopted November 4, 2003, effective August 1, 2004; amended October 4, 2006…
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 an offender 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
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
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…
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