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 papersadvisory opinions, bylaws, policies, Hearing Officer's Guidetraining modulesrules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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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…
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…
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
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
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
Whether offenders who are not eligible to transfer under Rule 3.101 or 2.105 are permitted to a discretionary transfer
Whether officers can arrest and detain compact offenders for probation violations
Individuals and sex offenders subject to lifetime supervision (CSL)
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…
Mission Statement The Interstate Commission for Adult Offender Supervision will guide the transfer of offenders in a manner that promotes effective& supervision strategies consistent with public safety, offender accountability, and victims’ rights.…
Interstate Compacts are not new legal instruments. Compacts derive from the nation’s colonial past where states utilized agreements, similar to modern Compacts, to resolve intercolonial disputes, particularly boundary disputes. The colonies and crown…
Overview The legal environment for Compacts involves an amalgamation of Compact texts and case law from federal and state courts throughout the country. Because there are relatively few court decisions establishing legal principles in any particular court…
Interstate Compacts are binding on signatory states, meaning once a state legislature adopts a Compact, it binds all agencies, state officials and citizens to the terms of that Compact. Since the very first Compact case, the U.S. Supreme Court has…
Whether Rule 5.108 permits the use of 2-way closed circuit video for conducting probable cause
Whether a state can permit an offender to proceed to another state for multiple periods of time, never exceeding 45 consecutive days in any single occurrence
Whether an offender whose supervision was never transferred and who subsequently absconds supervision is subject to retaking under the terms of the Compact
Whether the receiving state's acceptance of a transfer request or reporting instructions creates the 'planned release' date
Effect of New Jersey statute on acquitted persons by reason of insanity
Whether rule 2.105 applies to hunting violations involving the use of a firearm
The effect of a Washington statute that prohibits certain offenders from being under supervision
Whether a California statute classifying offenders as not subject to supervision or revocation are eligible for transfer under the Compact
Whether a sending state can close interest in a case if the offender's status no longer qualifies under the definition of supervision
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
Whether a sending state may request an investigation prior to the offender’s release from incarceration
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