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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(a) Upon a request by the receiving state and documentation that the supervised individual’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of the individual from the receiving state or a subsequent…
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…
Substantial Compliance– means that a supervised individual is sufficiently in compliance with the terms and conditions of his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending state.  Reference:…
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…
 Determining eligibility under the Compact involves a multi-faceted analysis, starting with the broad definition of a "supervised individual." According to Rule 1.101, a "supervised individual" is an adult who is placed under supervision due to a criminal…
I. Authority The Executive Committee is vested with the power to adopt a policy on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day-to-day activities managed by…
(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…
The Commission adopted Rule 3.103 to address situations where individuals, upon sentencing, live in the receiving state and need to relocate before acceptance and receiving reporting instructions. This rule permits a supervised individual who is residing…
(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…
(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 4.107 permits the collection of fees from individuals subject to the Compact. Specifically, Rule 4.107(a), allows the sending state to impose a transfer application fee, while Rule 4.107(b) authorizes the receiving state to impose a supervision fee.…
(a) A supervised individual subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation…
 Some states may use a “sentencing” option referred to as deferred prosecution. Authorized by state statutes, this option allows the supervised individual to admit to or stipulate the facts of the criminal conduct but defers prosecution contingent upon…
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…
*/ As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the supervised individual's approved place of residence and employment; and failing to comply with reporting requirements. '…
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…
 In addition to traditional cases where an individual is formally adjudicated and placed on supervision, the ICAOS also applies in so-called “suspended sentencing,” “suspended adjudication,” and “deferred sentencing” contexts. Rule 2.106 provides that “…
The courts have defined the relationship between the sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state supervised individuals the receiving state acts on behalf of and as an agent of…
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…
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…
I. Authority The Executive Committee is vested with the power to adopt a policy on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day-to-day activities managed by…
Deferred Sentence – means a sentence the imposition of which is postponed pending the successful completion by the supervised individual of the terms and conditions of supervision ordered by the court.
Discharge – means the final completion of the sentence that was imposed on a supervised individual by the sending state.
Sex Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice…
Relocate – means to remain in another state for more than 45 consecutive days in any 12 month period.
Supervision – means the oversight exercised by authorities of a sending or receiving state over a supervised individual for a period of time determined by a court or releasing authority, during which time the supervised individual is required to report to…
Victim – means a natural person or the family of a natural person who has incurred direct or threatened physical or psychological harm as a result of an act or omission of a supervised individual.
Retaking - means the act of a sending state physically removing or causing to have a supervised individual removed, from a receiving state.
Plan of Supervision – means the terms under which a supervised individual will be supervised, including proposed residence, proposed employment or viable means of support and the terms and conditions of supervision.
Abscond – means to be absent from the supervised individual’s approved place of residence and employment; and failing to comply with reporting requirements;
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