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.

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Bench Book - 5.3.1.3 Waiver of Eleventh Amendment Immunity
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
Bench Book - 3.3.1 Time of Transfer
The Commission's rules can significantly affect the time between the final disposition of a case and the supervised individual’s ability to move to another state. Even if the supervised individual is eligible for transfer under the Compact, the court…
Rule 4.108 - Collection of Restitution, Fines and Other Costs
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on a supervised individual. (b) Upon notice by the sending state that the supervised…
Rule 3.101-2 - Discretionary Transfer of Supervision
(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…
Bench Book - 4.5 Discretionary Disposition of Violation
As previously discussed, Rule 5.102 requires the sending state to retake a supervised individual for a new felony or violent crime conviction after the individual’s release from incarceration for the new crime. This can lead to a significant delay between…
Hearing Officer's Guide - Introduction
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…
Advisory Opinion 2-2008
Authority to issue travel permits
Bench Book - 3.4.1 Duration of Supervision
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…
Bench Book - 5.2.1.1 No Statutory Right under ICAOS Itself
The federal right in question in a Section 1983 action is typically a constitutional right (for example, the right to equal protection under the law or the right to be free from an unreasonable search under the Fourth Amendment to the United States…
Bench Book - 4.3 Retaking
As previously noted, Article I of ICAOS authorizes officers from a sending state to enter a receiving state, or any state where a supervised individual has absconded, for the purpose of retaking. Except for limited exceptions, the decision to retake lies…
Bench Book - 3.3.1.2 Reporting Instructions for Probationers Living in the Receiving State at the Time of Sentencing or After Disposition of a Violation or Revocation Proceeding
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…
Bench Book - 3.7 Sex Offender Registration
Courts have generally upheld sex offender registration requirements for sex offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender…
Rule 5.101-2 - Discretionary Process for Disposition of Violation in the Sending State for a New Crime Conviction
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…
Bench Book - 4.8 Bail Pending Return
A supervised individual subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state from admitting a supervised individual to bail pending completion of the retaking process,…
Bench Book - 4.7.3.2.1 Supervised Individual's Basic Rights at a Probable Cause Hearing
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…
Bench Book - 3.5.1 Post-Transfer Change of the Underlying Circumstances
 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…
Rule 3.105 - Pre-Release Transfer Request
(a) A sending state may submit a completed request for transfer of supervision no earlier than 120 calendar days prior to a supervised individual’s planned release from a correctional facility. (b) If a pre-release transfer request has been submitted, a…
Compliance Sanctioning Guidelines 01-2019
I. Objective and Application In addition to a state being required to complete remedial training or technical assistance (which may include a corrective action plan), alternative dispute resolution, or suspension/termination of membership in the compact,…
On-Demand - ICAOS 401 Agency-Judicial Issues
This on-demand training module provides an introduction to ICAOS and rules relevant to Judges, attorneys and other court personnel.  
Advisory Opinion 1-2019
How states should manage absconders apprehended in the receiving state
Advisory Opinion 3-2008
Whether sex offenders can travel out of state once they are transferred to a receiving state
Rule 3.108 - Victims’ Right to be Heard and Comment
(a) When an supervised individual submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, the victim notification authority in the sending state shall inform victims of the supervised individual…
Bench Book - 3.6.2 Authority to Impose Conditions
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…
Advisory Opinion 1-2008
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Rule 3.104 - Time Allowed for Investigation by Receiving State
(a) A receiving state shall complete an investigation and respond to a sending state’s request for a supervised individual’s transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving…
ICOTS Privacy Policy V4.1 06-2009
Privacy Policy Interstate Compact Offender Tracking System Version 5.0   Approved 04/23/2009 Revised on 3/20/2024   1.0 Statement of Purpose The goal of establishing and maintaining the ICOTS is to further the following purposes of the Commission:…
Bench Book - 3.6.1 General Conditions
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…
Bench Book - 4.7.3.2.3 Post Probable Cause Hearing
If the hearing officer determines that probable cause exists and the supervised individual has committed the alleged violations, the receiving state may detain the individual in custody pending the outcome of decisions in the sending state. Within 15…
Advisory Opinion 2-2012
Whether the receiving state's acceptance of a transfer request or reporting instructions creates the 'planned release' date
Bench Book - 5.3.6 Qualified Immunity
Government officials sued in their individual capacity have what is known as qualified immunity from suits for damages to the extent that their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person…
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