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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Rule 3.101-3 - Transfer of Supervision of Sex Offenders
(a) Eligibility for Transfer—At the discretion of the sending state a sex offender shall be eligible for transfer to a receiving state under the Compact rules. A sex offender shall not be allowed to leave the sending state until the sending state’s…
Rule 3.102 - Submission of Transfer Request to a Receiving State
(a) Except as provided in sections (c) & (d), and subject to the exceptions in Rule 3.103 and 3.106, a sending state seeking to transfer a supervised individual to another state shall submit a completed transfer request with all required information…
Rule 3.103 - Reporting Instructions; Supervised Individual Living in the Receiving State at the Time of Sentencing or After Disposition of a Violation or Revocation Proceeding
(a) A request for reporting instructions for a supervised individual who was living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding shall be submitted by the sending state within 7…
Rule 3.104 - Time Allowed for Investigation by Receiving State
(a) A receiving state shall complete an investigation and respond to a sending state’s request for a supervised individual’s transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving…
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 3.107 - Transfer Request
(a) A transfer request for a supervised individual shall be transmitted through the electronic information system authorized by the commission and shall contain: A narrative description of the instant offense in sufficient detail to describe the…
Rule 3.108-1 - Victim Notification and Requests for a Supervised Individual's Information
(a) Notification to victims upon transfer of supervised individuals—Within 1 business day of the issuance of reporting instructions or acceptance of transfer by the receiving state, the sending state shall initiate notification procedures to victims of…
Rule 3.108 - Victims’ Right to be Heard and Comment
(a) When a supervised individual submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, the victim notification authority in the sending state shall inform victims of the supervised individual…
Rule 3.109 - Waiver of Extradition
(a) A supervised individual applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the individual may abscond while under supervision in the receiving state. (b) States…
Rule 4.101 - Manner and Degree of Supervision in Receiving State
A receiving state shall supervise individuals transferred under the interstate compact in a manner consistent with the supervision of other similar individuals sentenced in the receiving state, including the use of incentives, corrective actions,…
Rule 4.102 - Duration of Supervision in the Receiving State
A receiving state shall supervise individuals transferred under the interstate compact for a length of time determined by the sending state. History: Adopted November 4, 2003, effective August 1, 2004, amended September 11, 2024, effective November 1,…
Bench Book - 5.2.1.2 Constitutional Violations Related to ICAOS
While the Compact does not create a private right of action, this does not leave supervised individuals without recourse under Section 1983. Instead, their claims must be framed as violations of constitutionally protected rights. There are numerous…
Bench Book - 5.2.1.3 No Supervisor Liability under Section 1983
In general, Section 1983 liability will not be predicated solely on a theory of respondeat superior. For example, a chief probation officer or other supervisor or manager will not automatically be deemed vicariously liable simply because he or she sits…
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…
Bench Book - 5.3.1.1 Official Capacity versus Individual Capacity
Eleventh Amendment immunity also extends to state government officers and employees to the extent that they are sued in their official capacity, but not to suits against them in their individual capacity. The distinction between official-capacity and…
Bench Book - 5.3.1.2 No Protection for Local Governments
Eleventh Amendment immunity does not extend to the political subdivisions of a state (its municipalities and counties) or to the officers and employees of those subdivisions. Mt. Healthy Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1977). Those…
Bench Book - 5.3.1.3 Waiver of Eleventh Amendment Immunity
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
Bench Book - 5.3.2 State Sovereign Immunity
State sovereign immunity is, as noted above, the doctrine that prevents a state from being sued in its own courts without its consent. It will generally be a matter of state law, and of course not every state is the same. Many states have narrowed or…
Bench Book - 5.3.3 Immunity in Another State's Courts
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
Rule 2.101 - Involvement of Interstate Compact Offices
(a) Acceptance, rejection or termination of supervision of a supervised individual under this compact shall be made only with the involvement and concurrence of a state’s compact administrator or the compact administrator’s designated deputies. (b) All…
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