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 opinionstraining modulesrules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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… 2367 … compact … 2397 … 2398 … 2401 … 2400 … 2406 … 2407 … definitions … interstate compacts … 2006 … Compact  – means the Interstate Compact for Adult Offender …
… 2381 … 2370 … 2360 … compact administrator … 2397 … 2398 … 2452 … definitions … 2004 … Compact Administrator  – means the individual in each compacting state appointed under the terms of this compact
Interstate Compacts are not new legal instruments. Compacts derive from the nation’s colonial past where states utilized agreements, similar to modern Compacts, to resolve intercolonial disputes, particularly boundary disputes. The colonies and crown…
… Interstate Compacts are not new legal instruments. Compacts derive from the nation’s colonial past where states utilized agreements, similar to modern Compacts, to resolve intercolonial disputes, particularly …
… commissioner … compact commissioner … 2397 … 2406 … definitions … 2004 … Compact Commissioner or "Commissioner" -  means the voting representative of each compacting state appointed under the terms of the Interstate …
Overview The legal environment for Compacts involves an amalgamation of Compact texts and case law from federal and state courts throughout the country. Because there are relatively few court decisions establishing legal principles in any particular court…
… Overview The legal environment for Compacts involves an amalgamation of Compact texts and case law from federal and state courts … principles in any particular court or for any particular Compact, courts frequently consider other federal and state …
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…
… 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 … years later, New York and New Jersey enacted the first Compact to create an interstate commission (now known as the …
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…
… Because Compacts are statutes and contracts, courts interpret interstate Compacts in the same manner as interpreting ordinary … contract law principles when interpreting an interstate Compact. When determining whether a state or Compact agency …
An interstate Compact is not a “uniform law” as typically construed and applied. Unlike interstate Compacts, uniform laws are not contracts; a state adopting an interstate Compact may not select provisions of an interstate Compact to adopt; and, a state…
… An interstate Compact is not a “uniform law” as typically construed and applied. Unlike interstate Compacts, uniform laws are not contracts; a state adopting an interstate Compact may not select provisions of an interstate Compact
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…
Compacts differ from administrative agreements in two … states, as sovereigns, have inherent authority to enact Compacts. See Rhode Island v. Massachusetts , 37 U.S. (12 … Thus, states do not need any express authority to enact a Compact. In contrast, states must authorize agencies and …
(a) Acceptance, rejection or termination of supervision of an offender under this compact shall be made only with the involvement and concurrence of a state’s compact administrator or the compact administrator’s designated deputies. (b) All formal written…
… or termination of supervision of an offender under this compact shall be made only with the involvement and concurrence of a state’s compact administrator or the compact administrator’s designated deputies. (b) All formal …
Some federal statutes have their own enforcement mechanism through an express or implied cause of action in the federal statute itself. See Alexander v. Sandoval, 532 U.S. 275 (2001) (applying the test through which a court determines whether a statute…
… 1964). Courts have concluded that nothing in the Interstate Compact agreement or the underlying federal statute reveals any intent by Congress or the compacting states to create private rights or remedies for … Along similar lines, a claim styled as one against the Compact itself will be dismissed. Flinn v. Jones , No. …
(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…
… 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 these rules and remains subject to …
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…
… 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 …
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…
… Understanding the legal nature of an interstate Compact begins with this basic point: interstate Compacts are formal agreements between states that exist … RICHARD L. MASTERS,, THE EVOLVING LAW AND USE OF INTERSTATE COMPACTS 2d ed. 42–48 (ABA Publ’g 2016). However, if a …
In Texas v. New Mexico, the Supreme Court sustained exceptions to a Special Master’s recommendation to enlarge the Pecos River Compact Commission, holding that one consequence of a Compact becoming “a law of the United States” is that “no court may order…
… Special Master’s recommendation to enlarge the Pecos River Compact Commission, holding that one consequence of a Compact becoming “a law of the United States” is that “no … principle in New Jersey v. New York , stating, “Unless the Compact . . . is somehow unconstitutional, no court may …
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…
… For additional information on interstate Compact law and interstate Compacts generally, see MICHAEL L. BUENGER, JEFFREY B. … RICHARD L. MASTERS,, THE EVOLVING LAW AND USE OF INTERSTATE COMPACTS 2d ed. (ABA Publ’g 2016) and JEFFREY B. LITWAK, …
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…
… alter how those laws affect transfer decisions under the Compact. See, e.g. , ICAOS Advisory Opinion 6-2005 (deferred … ICAOS but may be controlled by the Interstate Corrections Compact. PRACTICE NOTICE: The ICAOS is not an instrument … that imposed the sentence or conditions. … 2376 … 2371 … compact … sentencing … supervision … interstate compacts … …
This on-demand training consists of 9 parts relevant to various responsibilities of State Compact Staff and Administrators. Participants can customize their training by choosing only those sections relevant to their duties. Topics include: Overview of…
… of 9 parts relevant to various responsibilities of State Compact Staff and Administrators. Participants can customize … relevant to their duties. Topics include: Overview of Compact Office Responsibilities, Workflow Management, … of 9 parts relevant to various responsibilities of State Compact Staff and Administrators. Participants can customize …
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.…
… creation of an interstate commission through an interstate Compact. See Hess v. Port Auth. Trans-Hudson Corp. , 513 … by an interstate commission pursuant to an interstate Compact are enforceable on the member states). An interstate Compact may also provide that its interstate commission may …
The ICAOS operates under Congress’ consent in the Crime Control Act of 1934, 4 U.S.C. § 112 (2012).
… in the Crime Control Act of 1934, 4 U.S.C. § 112 (2012). … compact … interstate compacts … 2019 … Bench Book - 1.4 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…
… Once Congress grants its consent to a Compact, the general view is that it may not be withdrawn. … national life presently affected by the existence of these Compacts. No doubt the suspicion of even potential … would be damaging to the very concept of interstate Compacts.”); Mineo v. Port Auth. of N.Y. & N.J. , 779 F.2d …
Where state law and a Compact conflict, courts are required under the Supremacy Clause (for Compacts with consent) and as a matter of contract law to apply the terms and conditions of the Compact to a given case. The fact that a judge may not like the…
… Where state law and a Compact conflict, courts are required under the Supremacy Clause (for Compacts with consent) and as a matter of contract law to apply the terms and conditions of the Compact to a given case. The fact that a judge may not like …
As discussed, offenders have no constitutional travel rights and states have no constitutional obligations to open their doors to offenders from other states. Thus, ICAOS is the only mechanism by which states can regulate the interstate movement of adult…
… against felons from states that are not members of the Compact. Stated differently, participation in the ICAOS … techniques. Non-participation or withdrawal from the Compact could allow for different treatment of out-of-state … that effectively prevent transfers to the state. … compact … interstate compacts … 2019 … Bench Book - 2.8 …
Some Compacts authorize the interstate commission to seek judicial action to enforce the Compact against a party state. Article XII.C of the ICAOS is a good example. See Interstate Comm’n for Adult Offender Supervision v. Tennessee Bd. of Prob. &…
… Some Compacts authorize the interstate commission to seek judicial action to enforce the Compact against a party state. Article XII.C of the ICAOS is … injunction). In general, however, claims for breach of a Compact typically involve one party state filing an action …
Published December 19, 2018 At the request of the Interstate Commission for Adult Offender Supervision’s (ICAOS) Executive Committee, the following legal analysis has been prepared in order to serve as a resource documenting the legal implications of the…
… documenting the legal implications of the Interstate Compact Offender Management System (ICOTS). This is in … proper use of the records exception requires that compact administrators are familiar with rules particular to … a regularly conducted activity . Thus, it is essential that compact administrators and others responsible for managing …
Against this backdrop, concerned parties proposed a new Compact to the states. Defined in Article I, the purpose of the Compact provided: [T]he framework for the promotion of public safety and protect the rights of victims through the control and…
… Against this backdrop, concerned parties proposed a new Compact to the states. Defined in Article I, the purpose of the Compact provided: [T]he framework for the promotion of … distribute the costs, benefits, and obligations of the Compact among the Compacting states. … compact … supervision …
The ICAOS creates an Interstate Commission to oversee the operations of the Compact nationally, enforce its provisions on the member states, and resolve any disputes that may arise between the states. The Commission is comprised of one voting…
… an Interstate Commission to oversee the operations of the Compact nationally, enforce its provisions on the member … of one voting representative of each member state to the Compact. In addition, the Compact allows for ex officio members representing national …
In 1934, Congress authorized the creation of interstate Compacts on crime control, which led to the 1937 Interstate Compact for the Supervision of Parolees and Probationers. Also referred to as the Interstate Compact for Probation and Parole or the…
… In 1934, Congress authorized the creation of interstate Compacts on crime control, which led to the 1937 Interstate Compact for the Supervision of Parolees and Probationers. Also referred to as the Interstate Compact for Probation and Parole or the Uniform Law on the …
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…
… The Compact Clause of the U.S. Constitution states, “No State … 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 might appear to require 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…
… can significantly change the nature of an interstate Compact. “[W]here Congress has authorized the States to … transforms the States’ agreement into federal law under the Compact Clause.” Cuyler v. Adams , 449 U.S. 433, 440 (1981). … the application or interpretation of an interstate Compact with congressional consent may be brought in federal …
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