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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Abscond – means to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements;
This on-demand training module includes: Probable Cause Hearing Overview & Purpose When a Probable Cause Hearing is Required Probable Cause Hearing Requirements Waiver of Probable Cause
(a) If there is reasonable suspicion that an offender has absconded, the receiving state shall attempt to locate the offender. Such activities shall include, but are not limited to: Documenting communication attempts directly to the offender, including…
(a) Within 15 business days of receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in custody. (b) If an…
Whether an offender is subject to retaking under the compact if a receiving state closes interest in a case pursuant to rule 4.112
Upon receipt of a violation report for an absconding offender, a sending state must issue a national arrest warrant on notification that the offender has absconded. If the absconding offender is apprehended in the receiving state, the sending state shall…
ICAOS Rules 4.111 and 5.103 also require sending states to issue nationwide arrest warrants for absconders who fail to return to the sending state in no less than fifteen (15) business days. Warrant requirements apply to offenders who fail to return to…
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…
Published November 1, 2013 The ICAOS Executive Committee has requested this ‘white paper’ resulting from several recent cases in which courts, prosecuting attorneys, and probation and parole officers have apparently lacked awareness or ignored the…
Whether an offender whose supervision was never transferred and who subsequently absconds supervision is subject to retaking under the terms of the Compact
How states should manage absconders apprehended in the receiving state
(a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state. (b) States that are party…
At the request of the Interstate Compact for Adult Offender Supervision’s (“ICAOS”) Executive Committee, and following a roundtable discussion with various ICAOS stakeholders, the following legal analysis has been prepared to serve as a resource…
As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision to retake an offender…
Authority of Officials  Officers from the sending state are required to establish their authority to retake the supervised individual. Sending and/or receiving state officials must demonstrate the supervised individual in custody and subject to retaking…
(a) A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report. (b) A violation report shall contain– offender’s name and…
Notwithstanding any other rule, if an offender is charged with a subsequent felony or violent crime, the offender shall not be retaken or ordered to return until criminal charges have been dismissed, sentence has been satisfied, or the offender has been…
(a) The receiving state may close its supervision of an offender and cease supervision upon– The date of discharge indicated for the offender at the time of application for supervision unless informed of an earlier or later date by the sending state;…
The following key terms and their definitions supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means to be absent from the offender’s approved place of residence and employment; and failing to…
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements. Adult – means both…
In Morrissey and Gagnon, the US Supreme Court established a two-step process for revocation proceedings.  Step 1: A preliminary hearing to determine the appropriateness of the individual's detention due to suspected violations of conditions of supervision…
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states recognize that…
(a) No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact is not subject to…
The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not…
Is there a standard waiver for a probable cause hearing? No. States should follow the elements of a waiver that inform the supervised individual of the consequences of a waiver in writing to prevent any question as to the voluntary nature of the admission…
That the Compact itself does not create a private right of action does not mean that offenders subject to it are left without a remedy under Section 1983. Instead, it means that their complaints must be framed as violations of a right enumerated in the…
Whether a sending state can close interest in a case if the offender's status no longer qualifies under the definition of supervision
Guidance from the U.S. Department of Health & Human Services, Office of Civil Rights as to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Coverage & Exemptions for the Interstate Compact for Adult Offender Supervision
Whether an undocumented immigrant is subject to the Compact
Detainer – means an order to hold an offender in custody.
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