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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The Future of ICAOS, The Next 20 Years On January 24th, the Commission presented at the American Probation and Parole Association Winter Training Institute in Columbus, Ohio. There, community supervision and judicial professionals learned the general…
Scenario 1: Parolee transfer Texas to California A Texas soon to be parolee, Jaime Moore, requests transfer to California upon release. He has been working with his release coordinator in hopes to have his transfer approved at the time of release. There,…
What is User Administration? With an average of 30,000 active ICOTS users at any given time, each state is responsible for user administration and user ICOTS training.  In FY2019, the Commission conducted an audit to ensure states have adopted and…
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
The Interstate Commission for Adult Offender Supervision (ICAOS) promulgates rules under Articles V and VIII of the Compact to improve outcomes and promote collaboration among member states. ICAOS aims to establish a uniform system that applies to all…
(a) A sending state may request transfer of supervision of a supervised individual who does not meet the eligibility requirements in Rule 3.101, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of…
 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 “…
(a) For a supervised individual returning to the sending state, the receiving state shall request reporting instructions, unless the individual is under active criminal investigation or is charged with a subsequent felony or violent crime in the receiving…
This guide outlines due process procedures for retaking under the Interstate Compact for Adult Offender Supervision (ICAOS). This guide is not an exhaustive legal review given the unique nature of violation cases. Each state may have procedural variations…
Reporting instructions Reply Due today, 2 business days after RI Request transmitted   Transfer Request Due today (7 business days after RI Request transmitted/15 business days after RI Request for Probationers Living in Receiving State at the Time of…
Under the Eleventh Amendment to the United States Constitution, “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State…
There is rarely any doubt in the case law that probation and parole officials are “persons” and that, in performing their duties, they are acting under “color of law” within the meaning of Section 1983. The law also allows suits against municipalities and…
The ICAOS applies to all individuals who meet the eligibility requirements and are subject to some form of community supervision or corrections. The term "supervised individual" is intentionally broad to accommodate changes in sentencing practices and…
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…
For additional information on interstate Compact law and interstate Compacts generally, see Michael L. Buenger, Jeffrey B. Litwak, Michael H. McCabe & Richard L. Masters,, The Evolving Law and Use of Interstate Compacts 2d ed. (ABA Publ’g 2016) and…
Notwithstanding any other rule, a sentence imposing a period of incarceration on a supervised individual convicted of a new crime which occurred outside the sending state during the compact period may satisfy or partially satisfy the sentence imposed by…
Compact Action Request (CAR) is a free form communication tool that allows you to request or notify another state of any action that is not addressed by a specifically named compact process.  CARs can be linked to a formal compact activity (such as a…
Rule 5.108(d) defines the supervised individual’s basic rights for a probable cause hearing. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process procedures in a…
(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…
I. Authorization Article I of the ICAOS BYLAWS provides that, the Commission “is established to fulfill the objectives of the Compact” through “the promulgation of binding rules and operating procedures” governing “oversight and coordination of offender…
 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…
The intent of the ICAOS is not to dictate judicial sentencing or place restrictions on the court’s discretion relative to sentencing. See Scott v. Virginia, 676 S.E.2d 343, 347 (Va. App. 2009). The ICAOS contains no provisions directing judges on…
(a) If a receiving state accepts transfer of the supervised individual, the receiving state’s acceptance shall include reporting instructions. (b) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit…
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) Alternative dispute resolution—Any controversy or dispute between or among parties that arises from or relates to this compact that is not resolved under Rule 6.101 may be resolved by alternative dispute resolution processes. These shall consist of…
Edit Compact Office Administrator Function Available to state administrators, 'Edit Compact Office' (available to state administrators) allows for edits to compact office contact information and to change the Compact Office Designee which…
A Transfer Request is required for every Compact transfer of supervision; see Rule 3.107. Be sure to VERIFY all information entered. See ICAOS’s Verification Tips Sheet. Required for All Transfers Intended departure date (manage date via the Profile…
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…
Reporting Instructions provide permission for a supervised individual to proceed to a receiving state during the transfer investigation.  Not all transfers qualify for reporting instructions. Sending states determine whether a supervised individual…
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