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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How states should manage absconders apprehended in the receiving state
ICAOS Advisory Opinions published in 2004
ICAOS Advisory Opinions published in 2005
ICAOS Advisory Opinions published in 2006
ICAOS Advisory Opinions published in 2007
ICAOS Advisory Opinions published in 2008
ICAOS Advisory Opinions published in 2009
ICAOS Advisory Opinions published in 2010
ICAOS Advisory Opinions published in 2011
ICAOS Advisory Opinions published in 2012
ICAOS Advisory Opinions published in 2014
ICAOS Advisory Opinions published in 2015
 The ICAOS specifically creates distinct rights for victims of crime and certain obligations on courts and supervising authorities with respect to those rights. While the Compact statute itself is general on the rights, the commission’s rules spell out…
While a state may be required to accept supervision based on the supervised individual’s eligibility status, the receiving state may determine that certain conditions are necessary at the time of acceptance. The receiving state can only impose conditions…
Courts and paroling authorities have wide latitude in imposing conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the underlying offense, promote the individual’s rehabilitation, not unreasonably…
Notwithstanding the authority of the sending and receiving state to impose conditions on a supervised individual, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with…
Courts have generally upheld sex offender registration requirements for sex 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…
Rule 5.108(d) defines the supervised individual’s basic rights for a probable cause hearing. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process procedures in a…
Rule 5.108(e) requires the receiving state to prepare a written report of the hearing within 10 business days and to transmit the report along with any evidence or record from the hearing to the sending state. The report must contain (1) the time, date,…
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…
The supervised individual may waive this hearing only if she or he admits to one or more violations of their supervision. See Rule 5.108(b), also Sanders v. Pennsylvania Board of Probation and Parole, 958 A.2d 582 (2008). Waiving the probable cause…
A supervised individual subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state from admitting a supervised individual to bail pending completion of the retaking process,…
For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the sending state. Furthermore, the…
Given the large number of individuals under supervision through the Interstate Compact for Adult Offender Supervision (ICAOS, or the Compact), legal actions against judicial officials, correctional staff, and other administrators of the Compact are…
The two principal pathways through which government officers might face legal liability through their work related to ICAOS are (1) federal civil rights lawsuits under 42 U.S.C. § 1983 and (2) state law tort claims. Plaintiffs will also sometimes attempt…
One of the primary vehicles through which officials might be sued for their work related to the Compact is 42 U.S.C. § 1983 (Section 1983), a federal statute that creates a cause of action for violations of a person’s civil rights. The statute gives a…
The federal right in question in a Section 1983 action is typically a constitutional right (for example, the right to equal protection under the law or the right to be free from an unreasonable search under the Fourth Amendment to the United States…
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