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.
Whether an offender whose supervision is transferred under the Compact to the state of North Carolina and commits a violation of one or more of the terms and conditions of probation may be subjected to confinement for short periods in lieu of revocation…
Whether ICAOS Rule 5.108(d) permits the use of 2-way video closed circuit television during probable cause hearings where determined by the hearing officer to be necessary to protect a witness from harm which might result from testifying in person.
Whether ICAOS Rule 2.105 applies to misdemeanor violations pertaining to hunting which involve the use of a firearm and whether offenders convicted and sentenced to supervision for such violations are thus subject to transfer under the compact.
What is the effect of a Washington statute providing that the Department of Corrections is not authorized to supervise certain offenders who are sentenced to a term of community custody, community placement, or community supervision on supervision cases…
Whether ICAOS Rule 4.112 (a) (1) permits a sending state to properly direct a receiving state to close interest in a supervision case upon modification of the sentencing order in the sending state so that the status of the transferred offender no longer…
Whether a receiving state may require all documents concerning the offender which it considers relevant and the authority to return an offender whom it determines can no longer be safely supervised in that state as conditions precedent to accepting a…
Guidance Concerning Out-of-State Travel for Sex Offenders
Issue #1: Whether a receiving state’s compact administrator may prohibit an offender, whose supervision was transferred to the receiving state pursuant to ICAOS, from traveling outside of the…
Courts have generally upheld sex offender registration requirements for 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…
As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court…
Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a…
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto intended to protect certain health care information from disclosure to authorized persons or entities. Generally, prior to disclosure of health…
An offender 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 all…
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
As previously discussed, Rule 5.102 requires the sending state to retake an offender for a new felony or violent crime conviction after the offender’s release from incarceration for the new crime. This may result in a considerable amount of time between…
The ICAOS recognizes that the transfer of supervision (and hence the relocation of an offender) is a matter of privilege subject to the absolute discretion of the sending state and, to a more limited extent, the discretion of the receiving state. Courts…
The offender 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). The effect of waiving the probable cause…
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…
Clarification on Offenders being charged fee by sending state after transferred to receiving state.
Clarification of rule 4.112 and closing supervision by the receiving state.
Arresting & Detaining Compact Probationers and Parolees. Authority of officers to arrest an out-of-state offender sent to Florida under the ICAOS on probation violations.
Generally, how should states manage an occurrence when offenders located in receiving states abscond, triggering case closure, but are later apprehended in the jurisdiction of the receiving state? And, is the receiving state required to reopen the case in…
A receiving state shall continue to supervise offenders 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.
(a) When an offender 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 offender of their right to be…
A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the receiving state, including the use of incentives, corrective actions, graduated responses, and other supervision techniques.…
A receiving state shall supervise an offender transferred under the interstate compact for a length of time determined by the sending state.
History: Adopted November 4, 2003, effective August 1, 2004.
(a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on an offender if that condition would have been imposed on an offender sentenced in the receiving state.
(b) A receiving state shall notify a…
The sending state shall give the same force and effect to conditions imposed by a receiving state as if those conditions had been imposed by the sending state.
History: Adopted October 26, 2004, effective January 1, 2005; amended October 4, 2006,…
A receiving state shall require that an offender transferred under the interstate compact comply with any offender registration and DNA testing requirements in accordance with the laws or policies of the receiving state and shall assist the sending state…