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.
Behavior Requiring Retaking– means an act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for…
Reporting Violations & Retaking
These training tools and resources discuss requirements and processes for reporting violations and retaking offenders.
PowerPoint Presentation
104 Reporting Behavior Requiring Retaking
105 Mandatory Retaking for New…
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…
Description: 2 Reports (Incoming & Outgoing Cases)
The report is a list of violation reports displaying various violation data (e.g. violation type, recommendation, latest response, etc.) transmitted within a selected date range.
Incoming- The…
(a) Upon a request by the receiving state and documentation that the offender’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from the receiving state or a subsequent receiving state within…
The courts have defined the relationship between sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state offenders the receiving state acts on behalf of and as an agent of the sending state…
As discussed, the transfer of supervision of an offender is mandatory in some circumstances. Receiving states are required to accept transfer if the offender is eligible under Rules 3.101 and 3.101-1. As discussed in Chapter 4 regarding return of…
At the request of a receiving state, Rule 5.102 requires the sending state to retake an offender convicted of a violent crime. A violent crime is qualified by one of the following four criteria: (1) any crime involving the unlawful exertion of physical…
An offender subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state to admit an offender to bail pending completion of the retaking process, individual state law to the contrary…
(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…
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…
DCA Training Institute Presentation & Handout
Painting the Supervision Picture
Retaking required ‘Upon a request of the receiving state’
Warrant Tracking
Dealing with Pending Charges & Revocable Behavior
Probable Cause Hearing Requirements…
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…
Supervision in the Receiving State
These training tools and resources discuss requirements and processes for offenders supervised in another state under the Interstate Compact Requirements.
-Victim's Rights & Notification
-Supervision…
Rule 5.108(e) requires the receiving state to prepare a written report of the hearing within 10 business days and to transmit the report along with any evidence or record from the hearing to the sending state. The report must contain (1) the time, date…
Probable Cause Hearing –a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of an offender accused of violating the terms or conditions of the offender‘s parole or probation.
Use the Addendum to Offender Violation Report for correspondence after reporting behavior requiring retaking. This ensures information consolidates to the official violation record in ICOTS and requires the sending state to respond (e.g. respond with…
(a) A receiving state shall submit a progress report to the sending state within 30 calendar days of receiving a request.
(b) A receiving state may initiate a progress report to document offender compliant or noncompliant behavior that does not require…
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…
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…
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state must detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
On September 29, 2021, the Commission approved several Rule Amendments and ICOTS Enhancements to be implemented on April 1, 2022. Details can be accessed on the ABM archive page.
Commissioners, Deputy Compact Administrators and Compact Staff are invited…
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…
While the sending state has sole authority to determine the duration of supervision either by way of the court’s sentence of by paroling authorities, the receiving state retains discretion as to the type of supervision it will provide. Rule 4.101…
Training Bulletin 1-2016i - Offenders Returning to a Sending State
Effective March 1, 2016
Re: Rules 3.101-1, 3.103, 3.106, 4.111 & 5.103
Standard Procedures for Offenders Returning to a Sending State
Receiving states must request reporting…
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…
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…
On Wednesday, March 7, 2018 four new enhancements will be launched in ICOTS. Most of the enhancements are relatively minor, but will provide an improved user experience.
This is the fourth of several enhancement releases to take place during FY 2018.
The…
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 offender rehabilitation, not unreasonably impinge on…
Whether a California statute that classifies certain eligible California offenders as not subject to active supervision or revocation of parole excludes such offenders from the jurisdiction of the Interstate Compact for Adult Offender Supervision.