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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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…
… of the United States” is that “no court may order relief inconsistent with its express terms.” 462 U.S. 554, 564 … . is somehow unconstitutional, no court may order relief inconsistent with its express terms, no matter what the … courts have wide latitude to fashion remedies that are consistent with the purpose of the Compact. In a later Texas …
Time allowed for investigation by receiving state, Rule 4.101 - Manner and degree of supervision.
… by receiving state, Rule 4.101 - Manner and degree of supervision. … Issued by: Don Blackburn, Executive Director … “.. . in a manner determined by the receiving state and consistent with the supervision of other similar offenders … the receiving state.” This rule must be read together and consistently with Rule 3.101 which unequivocally provides …
A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the receiving state, including the use of incentives, corrective actions, graduated responses, and other supervision techniques.…
… A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the … 1, 2017. … 2378 … 2373 … 2360 … conditions of supervisionconsistent supervision … offender … receiving state … …
A receiving state shall continue to supervise offenders 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.
… November 3, 2003, effective August 1, 2004. … conditions of supervisionconsistent supervision … offender … supervisionsupervision in …
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…
Guidance Concerning Out-of-State Travel for Sex Offenders Issue #1: Whether a receiving state’s compact administrator may prohibit an offender, whose supervision was transferred to the receiving state pursuant to ICAOS, from traveling outside of the…
… compact administrator may prohibit an offender, whose supervision was transferred to the receiving state pursuant … compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders … that a receiving state shall supervise a compact offender “ consistent with the supervision of similar offenders …
If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process…
… of the alleged violations of the terms and conditions of supervision, (2) disclosure of non-privileged or … assistance of counsel. The requirements in Rule 5.108 are consistent with the minimum due process requirements … some type of due process hearing that is a generally consistent with the due process requirements of Gagnon and …
(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…
… (a) A sending state may request transfer of supervision of an offender who does not meet the eligibility … the receiving state would support successful completion of supervision, rehabilitation of the offender, promote public … to accept or reject the transfer of supervision in a manner consistent with the purpose of the compact specifying the …
Where the retaking of an offender may result in revocation of conditional release by the sending state, the offender is entitled to the basic due process considerations that are the foundation of the Supreme Court’s decisions in Morrissey and Gagnon, and…
… to the location of the offender’s alleged violations of supervision. Presumably, hearings on violations that … merit to the claim that a violation of probation occurred). Consistent with Gagnon and Morrissey , Rule 5.108 (a) … be taken to conduct these proceedings in a fair manner consistent with the due process requirements set forth in …
Mission Statement The Interstate Commission for Adult Offender Supervision will guide the transfer of offenders in a manner that promotes effective& supervision strategies consistent with public safety, offender accountability, and victims’ rights.…
… Statement The Interstate Commission for Adult Offender Supervision will guide the transfer of offenders in a manner that promotes effective& supervision strategies consistent with public safety, offender accountability, and …
Courts have generally upheld sex offender registration requirements for 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…
… sex offender registration requirements for offenders whose supervision transfers under an interstate Compact so long as … registration. An out-of-state offender seeking transfer of supervision was subject to the requirement of automatic … offense was committed, was not rationally related to consistent protection from sex offenses. Thus, according to …
(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…
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…
… the very first Compact case, the U.S. Supreme Court has consistently held that a Compact is an enforceable agreement … In the case of the Interstate Commission for Adult Offender Supervision (ICAOS), member states agree to a binding … that determine the circumstances, procedures, and supervision applicable to interstate transfers. See, e.g., …
While the sending state has sole authority to determine the duration of supervision either by way of the court’s sentence of by paroling authorities, the receiving state retains discretion as to the type of supervision it will provide. Rule 4.101…
… state has sole authority to determine the duration of supervision either by way of the court’s sentence of by … the receiving state retains discretion as to the type of supervision it will provide. Rule 4.101 obligates the … in a manner determined by the receiving state that is consistent with the supervision it provides to other similar …
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto intended to protect certain health care information from disclosure to authorized persons or entities. Generally, prior to disclosure of health…
… protected health care information when such release is consistent with law and applicable ethical standards, … information is a legitimately necessary element in the supervision of an offender, such a release of information … not directly linked to a legitimately necessary element of supervision, the release could violate HIPAA. Therefore, in …
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…
… the request of the Interstate Commission for Adult Offender Supervision’s (ICAOS) Executive Committee, the following … authorized criminal justice officials. . .” See Article I. Consistent with the above compact provisions, Section I of … the information. [Emphasis Added] The Commission acts consistently with this policy and the above compact …
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 offender rehabilitation, not unreasonably impinge on…
… Carolina to notify the sending state of such condition of supervision ‘at the time of acceptance or during the term of supervision’ as required under this rule. See ICAOS Advisory … Compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders …
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…
… no requirement for additional consent if the amendment is consistent with Congress’ existing authority. See, e.g. , … PRACTICE NOTE: Article XI of the Interstate Compact for the Supervision of Adult Offenders authorizes the Interstate …
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…
… that the offender did not commit the alleged violations of supervision. It is important that Rule 5.108 be read in … committed the alleged violations of the conditions of their supervision. However, a determination made in a proceeding … the jurisdiction to do so. This reading of Rule 5.108(a) is consistent with the general principles of Gagnon and …
Whether an offender whose supervision is transferred under the Compact to the state of North Carolina and commits a violation of one or more of the terms and conditions of probation may be subjected to confinement for short periods in lieu of revocation…
… 2394 … Whether an offender whose supervision is transferred under the Compact to the state of … compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders … compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders …
Whether a receiving state can predicate acceptance to a residential program with a condition obligating the sending state to retake if the offender fails to complete the program. If this condition is acceptable, would the Commission sustain a request to…
… 3.101-2 states: (a) A sending state may request transfer of supervision of an offender who does not meet the eligibility … to accept or reject the transfer of supervision in a manner consistent with the purpose of the Compact. An application … to accept or reject the transfer of supervision in a manner consistent with the purpose of the compact.” As provided in …
Clarification of Rule 3.105 - transfer request for offenders incarcerated at the time the request is submitted. Whether a sending state may request that a receiving state investigate a request to transfer supervision under the compact prior to the…
… that a receiving state investigate a request to transfer supervision under the compact prior to the offender’s … Cir. 2009) . Moreover such provisions must be interpreted consistent with the intent of the legislative body which … results are to be avoided if alternative interpretations consistent with the legislative purposes are available.” See …
Whether or not the definition of the term ‘Relocate’ in ICAOS Rule 1.101 and as applicable in ICAOS Rule 2.110, should be interpreted to mean that an offender may not proceed and remain in another state for a cumulative period exceeding 45 days in any 12…
… 2012 . Minnesota’s proffered interpretation is certainly consistent with the public safety concerns served by the … is unambiguous and the statutory scheme is coherent and consistent.” See Robinson v. Shell Oil Co., 519 U.S. 337, … transfer … 4-2012 … 2397 … 2407 … definitions … transfer of supervision … 2012 … Advisory Opinion 4-2012 … Minnesota …
Whether an offender under supervision in the receiving state, who is charged with a new criminal offense in the receiving state and arrested but released on bail on the new offense, may be subsequently arrested and detained for retaking by the sending…
… 2393 … Whether an offender under supervision in the receiving state, who is charged with a … See, Lockhart v. Napolitano, 573 F.3d 251 (6th Cir. 2009). Consistent with such a "harmonious" interpretation, a … be satisfied by Vermont cannot be determined, it seems inconsistent with the demands of due process that the offender …
What is the effect of a Washington statute providing that the Department of Corrections is not authorized to supervise certain offenders who are sentenced to a term of community custody, community placement, or community supervision on supervision cases…
… of community custody, community placement, or community supervision on supervision cases under the compact. … Issued … 4.101 provides: A receiving state shall supervise offenders consistent with the supervision of other similar offenders … state shall supervise an offender in a manner . . . consistent with the supervision of other similar offenders …
Whether an offender whose sentence in Maryland includes a requirement of successful completion of two (2) years in the Home Detention Program (HDP), or other such program in another state, should be considered to be subject to the Interstate Compact for…
… to be subject to the Interstate Compact for Adult Offender Supervision during the period in which the terms of the HDP … and random visits by correctional officers consistent with the definition of “supervision” in ICAOS … is unambiguous and the statutory scheme is coherent and consistent.” See Robinson v. Shell Oil Co., 519 U.S. 337, …
The interpretation of the “physical harm” requirement of 2.105(a)(1).
… offender whose sentence includes one year or more of supervision shall be eligible for transfer, provided that … status). Regardless of the method of adjudication, the consistent theme in our advisory opinions and reflected in … state must supervise out-of-state offender in a manner consistent with similar offenders sentenced in receiving …
Clarification of 90 day period of supervision is determined.
… Clarification of 90 day period of supervision is determined. … Issued by: Don Blackburn, … regards to eligibility in how the ninety (90) day period of supervision remaining is determined. Is an offender eligible … is considered is at the beginning of the transfer process. Consistent with the general tenor of Chapter 3 and the …
Whether a receiving state's acceptance of a transfer request under ICAOS Rule 3.105 (a) or approval of reporting instructions be the cause of a release of an offender from a correctional facility which would otherwise keep the offender incarcerated?…
… state's acceptance of an application for transfer of supervision under ICAOS Rule 3.105(a) or approval of … state may submit a completed request for transfer of supervision no earlier than 120 days prior to an offender‘s … is unambiguous and the statutory scheme is coherent and consistent." Robinson v. Shell Oil Co. , 519 U.S. 337, 340 …
Guidance from the U.S. Department of Health & Human Services, Office of Civil Rights as to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Coverage & Exemptions for the Interstate Compact for Adult Offender Supervision
… & Exemptions for the Interstate Compact for Adult Offender Supervision … Issued by: Richard L. Masters, Legal Counsel … Parts 160 and 164 , to the Interstate Compact on for the Supervision of Adult Offenders (“ICAOS”). As you are aware … allow disclosures of protected health information when consistent with applicable law and ethical standards, …
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