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.

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Bench Book - 5.3.5 Prosecutorial Immunity
Like judges, prosecutors have absolute immunity from lawsuits seeking monetary 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…
Bench Book - 5.3.6 Qualified Immunity
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…
Bench Book - 5.3.7 The Public Duty Doctrine
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…
Bench Book - 5.3.8 Personal Jurisdiction
The Compact necessarily involves supervised individuals 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…
Advisory Opinion 1-2015
Whether a transferred offender who commits a violation may be subjected to confinement for short periods in lieu of revocation
Advisory Opinion 2-2015
Whether an offender granted a conditional pardon and moved to a secure treatment facility is eligible for transfer under the Compact
Advisory Opinion 3-2015
Whether offenders sentenced to home detention programs are eligible for transfer under the Compact
Advisory Opinion 1-2014
Whether an offender who has been arrested and released on bail for pending charges in the receiving state may be apprehended and detained for retaking by the sending state pending resolution of the new criminal charge
ACKNOWLEGEMENTS
Acknowledgements The Commission would like to acknowledge the assistance of all the individuals involved in drafting this book and, more specifically, to the authors and reviewers that took part in the review process. Our sincere gratitude goes to the…
INTERSTATE COMPACT LAW - A HISTORICAL PERSPECTIVE
Interstate Compacts are not new legal instruments. Compacts derive from the nation’s colonial past where states utilized agreements, like modern Compacts, to resolve inter-colonial disputes, particularly boundary disputes. The colonies and crown employed…
Chapter 1 - General Law of Interstate Compacts
Overview The legal framework governing Compacts encompasses a blend of Compact texts and case law from federal and state courts nationwide. Due to the limited number of court decisions that establish specific legal principles for any given Compact, courts…
Bench Book - 1.1 Who Must Comply with an Interstate Compact?
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…
Bench Book - 1.2 Nature of Interstate Compacts
Beginning with the Articles of Confederation, states used Compacts to settle boundary disputes.  In 1918, Oregon and Washington enacted the first Compact solely devoted to joint supervision of an interstate resource (fishing on the Columbia River). Three…
Bench Book - 1.2.1 Interstate Compacts are Formal Agreements Between States
Understanding the legal nature of an interstate Compact begins with this basic point: interstate Compacts are formal agreements between states that exist simultaneously as both (1) statutory law, and (2) contracts between states. The contractual nature…
Bench Book - 1.2.2 Compacts Are Not Uniform Laws
An interstate Compact differs fundamentally from a "uniform law" in its nature and application. Unlike uniform laws, which are not contractual in nature, interstate Compacts are binding agreements between states. A state cannot selectively adopt…
Bench Book - 1.2.3 Compacts Are Not Administrative Agreements
Compacts differ from administrative agreements in two principal ways. First, states, as sovereigns, have inherent authority to enact Compacts. See Rhode Island v. Massachusetts, 37 U.S. (12 Pet.) 657, 725 (1838). Thus, states do not need any express…
Bench Book - 1.3 Delegation of State Authority to an Interstate Commission
One of the axioms of modern government is a state legislature’s ability to delegate rulemaking power to an administrative body. This delegation of authority extends to the creation of an interstate commission through an interstate Compact. See Hess v.…
Bench Book - 1.4 Congressional Consent Requirement
The ICAOS operates under Congress’ consent in the Crime Control Act of 1934, 4 U.S.C. § 112 (2012).
Bench Book - 1.4.1 When Consent is Required
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…
Bench Book - 1.4.2 Withdrawal and Modification of Congressional Consent
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…
Bench Book - 1.4.3 Implications of Congressional Consent
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…
Bench Book - 1.5 Interpretation of Interstate Compacts
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…
Bench Book - 3.8 Financial Obligations
Financial Obligations
Bench Book - 3.8.1 Restitution
As the ICAOS governs the movement of supervised individuals 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…
Bench Book - 3.8.2 Fees
Rule 4.107 permits the collection of fees from individuals subject to the Compact. Specifically, Rule 4.107(a), allows the sending state to impose a transfer application fee, while Rule 4.107(b) authorizes the receiving state to impose a supervision fee.…
Bench Book - 3.9 Implications, Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto are intended to protect certain healthcare information from disclosure to authorized persons or entities. Generally, prior to disclosure of…
Chapter 4 - Returning Supervised Individuals to the Sending State
Bench Book - 4.1 Status of Supervised Individuals Subject to ICAOS
A key objective of the ICAOS is to facilitate the effective transfer of supervised individuals between states and to manage their return to the sending state through mechanisms other than formal extradition. Consequently, a supervised individual's status…
Bench Book - 4.2 Waiver of Formal Extradition Proceedings
Waiver of Formal Extradition Proceedings
Bench Book - 4.2.1 Waiver of Extradition under the ICAOS
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning supervised individuals who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states…
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