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 - 3.3.3 Post-Acceptance Testing
While receiving states cannot impose pre-acceptance requirements on supervised individuals that would violate their obligations under the Compact, the Compact and its rules do not prohibit receiving states from imposing post-acceptance testing…
Advisory Opinion 13-2006
Whether an undocumented immigrant is subject to the Compact
Advisory Opinion 5-2006
Whether a receiving state can exceed the 45 day rule to determine if a supervision plan is valid for sex offenders
Rule 2.106 - Supervised Individuals Subject to Deferred Sentences
Supervised individuals subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other supervised individuals under this compact. Persons subject to supervision…
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…
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 - 4.7.1 General Considerations
Supervised individuals, including those under ICAOS supervision, 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…
Advisory Opinion 14-2006
Imposing fees on offenders transferring through the Compact
Rule 4.109-1 - Authority to Arrest and Detain
A supervised individual in violation of the conditions of supervision may be taken into custody or continued in custody by the receiving state. History: Adopted October 4, 2006, effective January 1, 2007; amended September 14, 2016, effective June 1, 2017…
Bench Book - 3.2.1.6.2 Deferred Prosecution
 Some states may use a “sentencing” option referred to as deferred prosecution. Authorized by state statutes, this option allows the supervised individual to admit to or stipulate the facts of the criminal conduct but defers prosecution contingent upon…
Bench Book - 4.1 Status of Supervised Individuals Subject to ICAOS
A key objective of the ICAOS is to facilitate the effective transfer of supervised individuals between states and to manage their return to the sending state through mechanisms other than formal extradition. Consequently, a supervised individual's status…
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…
Advisory Opinion 1-2008
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Rule 4.104 - Supervised Individual Registration or DNA Testing in Receiving or Sending State
A receiving state shall require that a supervised individual transferred under the interstate compact comply with any registration and DNA testing requirements in accordance with the laws or policies of the receiving state and shall assist the sending…
Rule 4.101 - Manner and Degree of Supervision in Receiving State
A receiving state shall supervise individuals transferred under the interstate compact in a manner consistent with the supervision of other similar individuals sentenced in the receiving state, including the use of incentives, corrective actions,…
Rule 2.108 - Supervised Individuals with Disabilities
A receiving state shall continue supervising individuals who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.  History: Adopted November 3, 2003, effective August 1, 2004…
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 - 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…
Bench Book - 4.7.3.1 When a Probable Cause Hearing is Not Required
A supervised individual 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 individual’s violations of supervision and the right…
Bench Book - 4.7.3.2 Probable Cause Hearings when Violations Occurred in another State
Where the retaking of a supervised individual may result in revocation of conditional release by the sending state, the individual is entitled to the basic due process considerations that are the foundation of the Supreme Court’s decisions in Morrissey…
Bench Book - 3.2.1.5 Persons Not Covered by the ICAOS
A supervised individual not subject to the ICAOS is not eligible to have their supervision transferred to another state, but neither are they restricted in their travel, except as otherwise ordered by the sentencing court. See Sanchez v. N.J. State Parole…
Bench Book - 2.4 Historical Development of the ICAOS
The ICAOS was written to address problems and complaints with the ICPP. Chief among the problems and complaints were: Lack of state compliance with the terms and conditions of the ICPP; Enforceability of its rules given there was no enforcement mechanism…
Bench Book - 3.2.1.1 Individuals Covered by the ICAOS
According to the Commission’s definition of “supervised individual,” the ICAOS can regulate a wide range of adults under supervision. An individual does not need to be on formal "probation" or "parole" to be eligible for transfer and supervision under the…
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
Rule 3.110 - Travel Permits
(a) Notification of travel permits - The receiving state shall notify the sending state prior to the issuance of a travel permit for a supervised individual traveling to the sending state.  (b) This rule does not apply to supervised individuals who are…
Advisory Opinion 8-2006
Whether a receiving state can predicate acceptance to a residential program on the sending state agreeing to retake if the offender fails to complete the program.
Chapter 1: Definitions - Rule 1.101
*/ As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the supervised individual's approved place of residence and employment; and failing to comply with reporting requirements. '…
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…
Advisory Opinion 2-2015
Whether an offender granted a conditional pardon and moved to a secure treatment facility is eligible for transfer under the Compact
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