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 - 5.2.1.4 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 monetary damages under the Eleventh Amendment to…
Bench Book - 5.2.1.6 Persons Acting under Color of Law
There is rarely any doubt in the case law that probation and parole officials are “persons” and that, in performing their duties, they are acting under “color of law” within the meaning of Section 1983. The law also allows suits against municipalities and…
Bench Book - 5.2.2 State Tort Claims
In addition to civil rights lawsuits, supervised individuals (and others) sometimes file tort claims related to conduct arising under the Compact. In many cases, some form of immunity will apply, and questions related to immunity will generally turn on…
Bench Book - 5.2.2.1 Tort Claims by Supervised Individuals
Supervised individuals will sometimes allege that officers were negligent in carrying out their duties under the Compact. For example, in Grayson v. Kansas, No. 06-2375-KHV, 2007 WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under…
Bench Book - 5.2.2.2 Tort Claims by Others
An unfortunate fact pattern that arises from time to time is when a Compact supervised individual causes the injury or death of a victim. Victims of those incidents (or their family members or estate) will sometimes raise tort claims against correctional…
Bench Book - 5.2.3 Claims under the Compact Itself
Some federal statutes have their own enforcement mechanism through an express or implied cause of action in the federal statute itself. See Alexander v. Sandoval, 532 U.S. 275 (2001) (applying the test through which a court determines whether a statute…
Bench Book - 5.3 Immunity and Related Defenses
Under the doctrine of sovereign immunity, the government may not be sued without its consent. The concept flows from the common-law notion that the “the king can do no wrong” and that a lawsuit could not be brought against him in his own courts. Through…
Bench Book - 5.3.1 Eleventh Amendment Immunity
Under the Eleventh Amendment to the United States Constitution, “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State…
Advisory Opinion 7-2004
Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state
Advisory Opinion MA-2004
Adopting an emergency rule for Massachusetts who had not enacted the Compact
Advisory Opinion 4-2004
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
Advisory Opinion 1-2019
How states should manage absconders apprehended in the receiving state
2004 Advisory Opinions
ICAOS Advisory Opinions published in 2004
Rule 3.104-1 - Acceptance of Supervised Individual; Issuance of Reporting Instructions
(a) If a receiving state accepts transfer of the supervised individual, the receiving state’s acceptance shall include reporting instructions. (b) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit…
Rule 3.105 - Pre-Release Transfer Request
(a) A sending state may submit a completed request for transfer of supervision no earlier than 120 calendar days prior to a supervised individual’s planned release from a correctional facility. (b) If a pre-release transfer request has been submitted, a…
Rule 3.106 - Request for Expedited Reporting Instructions
(a) A sending state may request that a receiving state agree to expedited reporting instructions for a supervised individual if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination. If the…
Rule 2.107 - Furlough or Work Release
A person who is released from incarceration under furlough, work-release, or other preparole program is not eligible for transfer under the compact. History: Adopted November 3, 2003, effective August 1, 2004, amended September 11, 2024, effective…
Rule 2.108 - Supervised Individuals with Disabilities
A receiving state shall continue supervising individuals who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.  History: Adopted November 3, 2003, effective August 1, 2004…
Rule 2.109 - Adoption of Rules; Amendment
Proposed new rules or amendments to the rules shall be adopted by majority vote of the members of the Interstate Commission in the following manner. (a) Proposed new rules and amendments to existing rules shall be submitted to the Interstate Commission…
Rule 2.110 - Transfer of Supervised Individuals Under this Compact
(a) No state shall permit a supervised individual who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) A supervised individual who is not eligible for transfer under this…
Rule 3.101 - Mandatory Transfer of Supervision
At the discretion of the sending state, a supervised individual shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the supervised individual: (a) has more than 90…
Bench Book - 3.2.1.6.1 Deferred Sentencing
 In addition to traditional cases where an individual is formally adjudicated and placed on supervision, the ICAOS also applies in so-called “suspended sentencing,” “suspended adjudication,” and “deferred sentencing” contexts. Rule 2.106 provides that “…
Bench Book - 3.2.1.6.2 Deferred Prosecution
 Some states may use a “sentencing” option referred to as deferred prosecution. Authorized by state statutes, this option allows the supervised individual to admit to or stipulate the facts of the criminal conduct but defers prosecution contingent upon…
Bench Book - 3.2.1.6.3 What Constitutes Second and Subsequent Conviction of Driving While Impaired?
Special attention should be given to individuals convicted of a second or subsequent offense for driving while impaired (DUI and DWI offenses). Because state laws vary significantly in defining what constitutes a second or subsequent conviction, the…
Bench Book - 4.7.3.2.3 Post Probable Cause Hearing
If the hearing officer determines that probable cause exists and the supervised individual has committed the alleged violations, the receiving state may detain the individual in custody pending the outcome of decisions in the sending state. Within 15…
Bench Book - 3.2.2 Special Considerations
Special Considerations
Bench Book - 3.2.2.1 Out-of-state Treatment
One area for potential confusion centers on the issue of treatment in lieu of supervision or treatment as supervision. In such cases, courts may be inclined to defer sentence and require enrollment in a community-based or in-house treatment program in…
Bench Book - 3.3 Initiating the Transfer Process
Initiating the Transfer Process
Bench Book - 3.3.1 Time of Transfer
The Commission's rules can significantly affect the time between the final disposition of a case and the supervised individual’s ability to move to another state. Even if the supervised individual is eligible for transfer under the Compact, the court…
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