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.
Like judges, prosecutors have absolute immunity from lawsuits seeking money 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…
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…
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…
The Compact necessarily involves offenders 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 results when…
Whether an offender whose supervision is transferred under the Compact to the state of North Carolina and commits a violation of one or more of the terms and conditions of probation may be subjected to confinement for short periods in lieu of revocation…
Whether an offender who has been granted a conditional pardon in the Commonwealth of Virginia and is transferred to a secure treatment facility in the State of Florida is eligible for transfer under the Interstate Compact for Adult Offender Supervision?
Whether an offender whose sentence in Maryland includes a requirement of successful completion of two (2) years in the Home Detention Program (HDP), or other such program in another state, should be considered to be subject to the Interstate Compact for…
Whether an offender under supervision in the receiving state, who is charged with a new criminal offense in the receiving state and arrested but released on bail on the new offense, may be subsequently arrested and detained for retaking by the sending…
Whether ICAOS Rule 5.108(d) permits the use of 2-way video closed circuit television during probable cause hearings where determined by the hearing officer to be necessary to protect a witness from harm which might result from testifying in person.
Whether or not the definition of the term ‘Relocate’ in ICAOS Rule 1.101 and as applicable in ICAOS Rule 2.110, should be interpreted to mean that an offender may not proceed and remain in another state for a cumulative period exceeding 45 days in any 12…
Whether an offender whose supervision was never transferred under the Compact and who subsequently absconds supervision is subject to the terms of the Compact and ICAOS rules and may the State from which the offender absconded return the offender under…
Whether a receiving state's acceptance of a transfer request under ICAOS Rule 3.105 (a) or approval of reporting instructions be the cause of a release of an offender from a correctional facility which would otherwise keep the offender incarcerated?…
Are persons ‘acquitted’ by reason of insanity under the New Jersey ‘Carter-Krol’ statute eligible for interstate transfer of supervision under the Compact?
Whether ICAOS Rule 2.105 applies to misdemeanor violations pertaining to hunting which involve the use of a firearm and whether offenders convicted and sentenced to supervision for such violations are thus subject to transfer under the compact.
What is the effect of a Washington statute providing that the Department of Corrections is not authorized to supervise certain offenders who are sentenced to a term of community custody, community placement, or community supervision on supervision cases…
Whether a California statute that classifies certain eligible California offenders as not subject to active supervision or revocation of parole excludes such offenders from the jurisdiction of the Interstate Compact for Adult Offender Supervision.
Whether ICAOS Rule 4.112 (a) (1) permits a sending state to properly direct a receiving state to close interest in a supervision case upon modification of the sentencing order in the sending state so that the status of the transferred offender no longer…
Whether a receiving state may require all documents concerning the offender which it considers relevant and the authority to return an offender whom it determines can no longer be safely supervised in that state as conditions precedent to accepting a…
Clarification of Rule 3.105 - transfer request for offenders incarcerated at the time the request is submitted.
Whether a sending state may request that a receiving state investigate a request to transfer supervision under the compact prior to the…
Guidance Concerning Out-of-State Travel for Sex Offenders
Issue #1: Whether a receiving state’s compact administrator may prohibit an offender, whose supervision was transferred to the receiving state pursuant to ICAOS, from traveling outside of the…
Authority to Issue Travel Permits
Authority of judges and probation or parole officers to permit certain offenders to travel outside of Texas who, by reason of the type of crime committed or the duration of the travel, are not eligible for transfer of…
Clarification of Rule 3.101-3(c)(1) regarding sex offenders living in the receiving state at the time of sentencing and of Rule 4.103 regarding imposition and enforcement of special conditions.
1. Whether a sending state is required to provide details of…
Courts have generally upheld sex offender registration requirements for offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender…
As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court…
Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a…
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto intended to protect certain health care information from disclosure to authorized persons or entities. Generally, prior to disclosure of health…
One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…