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 - 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…
Bench Book - 3.3.4 Transfer of Supervision of Sex Offenders
The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment restrictions. Rule 3.101-3 addresses these challenges in order to promote…
Bench Book - 3.4 Supervision in the Receiving State
Supervision in the Receiving State
Bench Book - 3.4.1 Duration of Supervision
When interpreting the ICAOS and its rules, eligibility for transferring supervision hinges on the nature of the offense, the sentence imposed, and the status of the supervised individual, rather than the duration of supervision remaining under Rule 3.101…
Bench Book - 3.4.2 Type of Supervision in Receiving State
While the sending state has sole authority to determine the duration of supervision, whether through the court’s sentence or by paroling authorities, the receiving state retains discretion over the type of supervision it will provide. Rule 4.101 requires…
Bench Book - 3.4.2.1 Disabled Supervised Individuals
A receiving state is obligated to continue supervising individuals “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while under supervision in the receiving state.” See Rule 2.108. Therefore, it would be…
Bench Book - 3.4.2.2 Continuing Jurisdiction over Supervised Individuals Between the Sending & Receiving States
Transferring an individual’s supervision through the Compact does not deprive the sending state of jurisdiction over the individual unless the record indicates that the sending state intended to relinquish jurisdiction. See, e.g., Scott v. Virginia, 676 S…
Bench Book - 3.5 Other Considerations
Other Considerations
Bench Book - 3.5.1 Post-Transfer Change of the Underlying Circumstances
 As discussed, the transfer of supervision for a supervised individual is mandatory in some circumstances. Receiving states are required to accept the transfer if the individual meets the eligibility criteria outlined in Rules 3.101 and 3.101-1. As…
Bench Book - 3.5.2 Travel Permits
Supervised individuals may be granted travel permits, which are defined as “written permission granted to a supervised individual authorizing travel from one state to another.” See Rule 1.101 Rule 3.110 requires a receiving state to notify the sending…
Bench Book - 3.5.3 Victims' Rights
 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…
Bench Book - 3.6 Conditions
Conditions
Bench Book - 3.6.1 General Conditions
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…
Bench Book - 3.6.2 Authority to 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…
Bench Book - 3.6.3 Limitations on Conditions
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…
Bench Book - 3.7 Sex Offender Registration
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…
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 - 1.4 Congressional Consent Requirement
The ICAOS operates under Congress’ consent in the Crime Control Act of 1934, 4 U.S.C. § 112 (2012).
Bench Book - 1.4.1 When Consent is Required
The Compact Clause of the U.S. Constitution states, “No State shall, without the consent of Congress, . . . enter into any agreement or Compact with another State . . . .” U.S. CONST. art. I, § 10, cl. 3. Though a strict reading of the Compact Clause…
Bench Book - 1.4.2 Withdrawal and Modification of Congressional Consent
Once Congress grants its consent to a Compact, the general view is that it may not be withdrawn. Although the matter has not been resolved by the U.S. Supreme Court, two federal circuit courts of appeal have held that congressional consent, once given, is…
Bench Book - 1.4.3 Implications of Congressional Consent
Congressional consent can significantly change the nature of an interstate Compact. “[W]here Congress has authorized the States to enter into a cooperative agreement, and where the subject matter of that agreement is an appropriate subject for…
Bench Book - 1.5 Interpretation of Interstate Compacts
Because Compacts are statutes and contracts, courts interpret interstate Compacts in the same manner as interpreting ordinary statutes and by applying contract law principles. PRACTICE NOTE: No court has explained when to apply statutory construction…
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