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 opinions, bylaws, policies, Hearing Officer's Guidetraining modulesrules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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I. Authority The Executive Committee is vested with the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day to day activities managed by the…
(a) The commission shall determine the formula to be used in calculating the annual assessments to be paid by states. Public notice of any proposed revision to the approved dues formula shall be given at least 30 calendar days prior to the Commission…
(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…
A supervised individual 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…
The following holidays are not considered Business Days when calculating compliance on the ICAOS Dashboards.   Please note, Due Dates listed on the Compact Workload within ICOTS do not always consider holidays so for official compliance measures, be sure…
About ICAOS Commissioners & DCAs monitor and ensure compliance with ICAOS rules for their states. The Compliance reports provide at-a-glance compliance with specific activity timeframes with the ability to drill down to user compliance to identify…
Whether officers can arrest and detain compact offenders for probation violations
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
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…
Under the rules of the Commission, a state is not specifically obligated to provide counsel in circumstances of revocation or retaking. However, particularly with regard to revocation proceedings, a state should provide counsel to an indigent supervised…
ICAOS Rule 4.106 requires the receiving state to submit a progress report within 30 calendar days of request.  For all cases considered active, ICOTS generates reminders and facilitates due dates to assist states with compliance of this rule.      Q: The…
The courts have defined the relationship between the sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state supervised individuals the receiving state acts on behalf of and as an agent of…
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…
For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the sending state. Furthermore, the…
Judges have absolute immunity from liability as long as they are performing a judicial act and there is not a clear absence of all jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978). A judge is not deprived of absolute immunity from liability for…
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…
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,…
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…
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,…
The supervised individual 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). Waiving the probable cause…
Upon transmission of a Departure Notice, the assigned user responsible for indicating arrival of the offender in the other state receives an email establishing a 'due date' for submission of a Notice of Arrival.  The 'due date' is the…
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…
In Morrissey and Gagnon, the US Supreme Court established a two-step process for revocation proceedings.  Step 1: A preliminary hearing to determine the appropriateness of the individual's detention due to suspected violations of conditions of supervision…
The Requested Progress Report Dashboard lists cases in which a requested progress report was due within the specified date range. The progress report due date, progress report transmit date and days overdue are included for each case.  The report can be…
The Case Closure Reply compliance report lists cases in which a closure notice reply was due within the specified date range. The case closure reply due date, case closure reply transmit date and days overdue are included for each case. This report…
As a general proposition, convicted persons enjoy no right to interstate travel or a constitutionally protected interest to supervision in another state. See Jones v. Helms, 452 U.S. 412, 418-20 (1981); Griffin v. Wisconsin, 483 U.S. 868, 874 (1987); U.S…
When a probable cause hearing is required, the following elements of due process apply: Supervised individual’s rights Supervised Individuals are entitled to: Clear, written notice of his or her rights for a PC hearing.    Understand the purpose of the PC…
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…
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…
A receiving state is obligated to continue supervising individuals “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while under supervision in the receiving state.” See Rule 2.108. Therefore, it would be…
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