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.

Displaying 31 - 60 of 190
Advisory Opinion 14-2006
Imposing fees on offenders transferring through the Compact
Advisory Opinion 1-2008
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Bench Book - 4.7.3.1 When a Probable Cause Hearing is Not Required
An offender convicted of a new conviction in the receiving state forming the basis for retaking is not entitled to further hearings, the conviction being conclusive as to the status of the offender’s violations of supervision and the right of the sending…
Bench Book - 3.2.1.6.1 Deferred Sentencing
In addition to traditional cases where an offender 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 “…
Bench Book - 1.4.1 When Consent is Required
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…
Rule 5.111 - Denial of bail or other release conditions to certain offenders
An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail or other release conditions in any state. History: Adopted November 4, 2003, effective August 1, 2004; amended October 4, 2006…
Bench Book - 3.5.1 Post-Transfer Change of the Underlying Circumstances
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…
Bench Book - 3.1 Key Definitions in the Rules
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…
Support - 1-2011 - Definition of 'Supervision'
To determine if an offender’s case in the sending state triggers the compact definition of supervision, the sending state should first examine whether or not the offender’s offense is compact eligible. If the offender has been convicted of a felony,…
Bench Book - 3.2.1.4 Employment Transfers of Offenders and Their Families
The other circumstances in which a receiving state is mandated to accept supervision include the employment transfer of an offender and the employment transfer of a family member with whom the offender resides with to another state. Rule 3.101-1(a)(3) and…
Bench Book - 4.7.3.2.2 Probable Cause Hearing Report
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…
On-Demand - ICAOS 103 Supervision in the Receiving State
This on-demand training module discusses supervision responsibilities once an offender's supervision is transferred to a receiving state. The module is approximately 25 minutes
Bench Book - 4.7.3 Specific Considerations for Probable Cause Hearings under ICAOS
The ICAOS recognizes that the transfer of supervision (and hence the relocation of an offender) is a matter of privilege subject to the absolute discretion of the sending state and, to a more limited extent, the discretion of the receiving state. Courts…
Bench Book - 2.2 Why the Interstate Compact for Adult Offender Supervision?
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…
Rule 2.106 - Offenders subject to deferred sentences
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision pursuant to a pre-trial…
White Paper - Discharge of Sentences in Lieu of Retaking is a Violation of the Compact and the ICAOS Rules
Published November 1, 2013 The ICAOS Executive Committee has requested this ‘white paper’ resulting from several recent cases in which courts, prosecuting attorneys, and probation and parole officers have apparently lacked awareness or ignored the…
Support - Progress Report Details
The Progress Report Details provides detailed information submitted on a progress report and other data elements such as updates on supervision conditions, new arrest details and the receiving state’s recommendation. 
Bench Book - 3.2.1.6.2 Deferred Prosecution
Some states may use a “sentencing” option referred to as deferred prosecution. Such sentences, which are generally authorized by a state’s statutes, allow the offender to admit under oath or stipulate to the facts of the criminal conduct, but defer…
Rule 3.101-2 - Discretionary transfer of supervision
(a) A sending state may request transfer of supervision of an offender 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 the offender…
Advisory Opinion 3-2008
Whether sex offenders can travel out of state once they are transferred to a receiving state
On-Demand - ICAOS 102 Transferring Supervision
This on-demand training module explains the processes required for transferring supervision to a receiving state. This includes requirements for a transfer request and for reporting instructions for qualifying offenders. This module is approximately 25…
Bench Book - 3.2.1.3 Special Rules for Military Personnel and Their Families
Rule 3.101-1 addresses three categories of military individuals: (1) military personnel, (2) family members living with military personnel; and (3) veterans for medical or mental health services. Military Personnel are eligible for reporting instructions…
Bench Book - 4.7.1 General Considerations
Offenders, including those subject to supervision under the ICAOS, have limited rights. Conditional release is a privilege not guaranteed by the Constitution; it is an act of grace, a matter of pure discretion on the part of sentencing or corrections…
Bench Book - 3.8.2 Fees
Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a…
Bench Book - 2.12 Enforcement of the Compact and its Rules (Art. IX & Art. XII)
One of the key features of ICAOS is the Commission’s enforcement tools to promote state compliance with the Compact. The tools provided to the Commission are not directed at compelling offender compliance; such compliance is a matter for the member states…
Bench Book - 4.1 Status of Offenders Subject to ICAOS
One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…
Bench Book - 1.4.2 Withdrawal and Modification of 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…
Bench Book - 2.6 Effect of the ICAOS on the States
As previously discussed, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2004). Accordingly, the agreement created a Compact that must be construed as federal law enforceable on member states through the Supremacy Clause and…
Emergency Guidelines 01-2020
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…
Bench Book - 4.7.3.3 Probable Cause Hearings Waiver
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…
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