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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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
Whether sex offenders can travel out of state once they are transferred to a receiving state
Authority to issue travel permits
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Whether receiving states can denying reporting instructions based on an invalid plan of supervision
Whether offenders who seek to reside in federal housing are eligible for transfer under the Compact
Interpretation of physical harm and whether states can consider other criteria such as plea bargains in determining eligibility
Imposing fees on offenders transferring through the Compact
Whether an undocumented immigrant is subject to the Compact
Whether an offender is subject to retaking under the compact if a receiving state closes interest in a case pursuant to rule 4.112
Whether the offender being in the receiving state prior to investigation is a valid reason for rejection
Whether a receiving state can predicate acceptance to a residential program on the sending state agreeing to retake if the offender fails to complete the program.
Whether the second or subsequent misdemeanor DUI meets ICAOS eligibility
Clarification on how the 90-days remaining on supervision is determined
Whether a receiving state can exceed the 45 day rule to determine if a supervision plan is valid for sex offenders
The ICAOS operates under Congress’ consent in the Crime Control Act of 1934, 4 U.S.C. § 112 (2012).
The Compact Clause of the U.S. Constitution states, “No State shall, without the consent of Congress, . . . enter into any agreement or Compact with another State . . . .” U.S. CONST. art. I, § 10, cl. 3. Though a strict reading of the Compact Clause…
Once Congress grants its consent to a Compact, the general view is that it may not be withdrawn. Although the matter has not been resolved by the U.S. Supreme Court, two federal circuit courts of appeal have held that congressional consent, once given, is…
Congressional consent can significantly change the nature of an interstate Compact. “[W]here Congress has authorized the States to enter into a cooperative agreement, and where the subject matter of that agreement is an appropriate subject for…
Because Compacts are statutes and contracts, courts interpret interstate Compacts in the same manner as interpreting ordinary statutes and by applying contract law principles. PRACTICE NOTE: No court has explained when to apply statutory construction…
Where state law and a Compact conflict, courts are required under the Supremacy Clause (for Compacts with consent) and as a matter of contract law to apply the terms and conditions of the Compact to a given case. The fact that a judge may not like the…
Special Considerations for Litigation Involving Interstate Commissions
In Texas v. New Mexico, the Supreme Court sustained exceptions to a Special Master’s recommendation to enlarge the Pecos River Compact Commission, holding that one consequence of a Compact becoming “a law of the United States” is that “no court may order…
The Eleventh Amendment guarantees state sovereign immunity from suit in federal court. The Eleventh Amendment ensures that states retain certain attributes of sovereignty, including sovereign immunity. Hans v. Louisiana, 134 U.S. 1, 13 (1890). Over the…
Some Compacts authorize the interstate commission to seek judicial action to enforce the Compact against a party state.  Article XII.C of the ICAOS is a good example. See Interstate Comm’n for Adult Offender Supervision v. Tennessee Bd. of Prob. &…
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