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 an offender granted a conditional pardon and moved to a secure treatment facility is eligible for transfer under the Compact
Whether offenders sentenced to home detention programs are eligible for transfer under the Compact
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
Whether Rule 5.108 permits the use of 2-way closed circuit video for conducting probable cause
Whether a state can permit an offender to proceed to another state for multiple periods of time, never exceeding 45 consecutive days in any single occurrence
Whether an offender whose supervision was never transferred and who subsequently absconds supervision is subject to retaking under the terms of the Compact
Whether the receiving state's acceptance of a transfer request or reporting instructions creates the 'planned release' date
Effect of New Jersey statute on acquitted persons by reason of insanity
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
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…
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…
Waiver of Formal Extradition Proceedings
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…
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…
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…
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that a supervised individual has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101…
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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