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 - 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…
Bench Book - 4.2.2 Uniform Extradition Act Considerations
A supervised individual who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Extradition and Rendition Act (UERA). Under that act, a fugitive may waive…
Bench Book - 4.3 Retaking
As previously noted, Article I of ICAOS authorizes officers from a sending state to enter a receiving state, or any state where a supervised individual has absconded, for the purpose of retaking. Except for limited exceptions, the decision to retake lies…
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 - 3.2.1 Eligibility Criteria
 Determining eligibility under the Compact involves a multi-faceted analysis, starting with the broad definition of a "supervised individual." According to Rule 1.101, a "supervised individual" is an adult who is placed under supervision due to a criminal…
Bench Book - 3.2.1.1 Individuals Covered by the ICAOS
According to the Commission’s definition of “supervised individual,” the ICAOS can regulate a wide range of adults under supervision. An individual does not need to be on formal "probation" or "parole" to be eligible for transfer and supervision under the…
Bench Book - 3.2.1.2 Eligibility of Supervised Individuals, Residency Requirements - General Overview
Transfers are classified into two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to transfer a supervised individual to another state lies solely with the sending state. See Rule 3.101. The supervised individual does…
Bench Book - 3.2.1.3 Special Rules for Military Personnel and Their Families
Rule 3.101-1 addresses three categories of military individuals: (1) military personnel, (2) family members living with military personnel; and (3) veterans for medical or mental health services. Military Personnel are eligible for reporting instructions…
Bench Book - 3.2.1.4 Employment Transfers of Supervised Individuals and Their Families
 Other circumstances in which a receiving state is mandated to accept supervision include the employment transfer of a supervised individual or the employment transfer of a family member with whom the supervised individual resides. Rule 3.101-1(a)(3) and…
Bench Book - 3.2.1.5 Persons Not Covered by the ICAOS
A supervised individual not subject to the ICAOS is not eligible to have their supervision transferred to another state, but neither are they restricted in their travel, except as otherwise ordered by the sentencing court. See Sanchez v. N.J. State Parole…
Bench Book - 3.2.1.6 Sentencing Considerations
The ICAOS applies to all individuals who meet the eligibility requirements and are subject to some form of community supervision or corrections. The term "supervised individual" is intentionally broad to accommodate changes in sentencing practices and…
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…
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 - 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…
Bench Book - 3.3.1.1 Expedited Transfers
 The Commission’s rules provide an “expedited” option, allowing a supervised individual to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, both the sending and receiving states must agree that an…
Bench Book - 3.3.1.2 Reporting Instructions for Probationers Living in the Receiving State at the Time of Sentencing or After Disposition of a Violation or Revocation Proceeding
The Commission adopted Rule 3.103 to address situations where individuals, upon sentencing, live in the receiving state and need to relocate before acceptance and receiving reporting instructions. This rule permits a supervised individual who is residing…
Bench Book - 3.3.2 Pre-Acceptance Testing
A supervised individual who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition for accepting the transfer. Imposing such “pre-acceptance” requirements on…
Bench Book - 3.3.3 Post-Acceptance Testing
While receiving states cannot impose pre-acceptance requirements on supervised individuals that would violate their obligations under the Compact, the Compact and its rules do not prohibit receiving states from imposing post-acceptance testing…
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