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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(a) Upon a declaration of a national emergency by the President of the United States and/or the declaration of emergency by one or more Governors of the compact member states in response to a crisis, the Commission may, by majority vote, authorize the…
The Commission can initiate judicial enforcement by filing a complaint or petition in the appropriate U.S. district court. A member state that loses in any such litigation is required to reimburse the Commission for the costs incurred in prosecuting or…
A key feature of the ICAOS is the Commission’s enforcement mechanisms designed to ensure state compliance with the Compact. These tools are not aimed at compelling compliance from supervised individuals—that responsibility lies with the courts, paroling…
(a) If the Interstate Commission determines that any state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this Compact, the by–laws or any duly promulgated rules the Interstate…
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…
The Commission possesses significant enforcement authority against states deemed in default of their obligations under the Compact. The decision to impose a penalty for non-compliance rests with the Commission as a whole or its executive committee acting…
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate…
Some Compacts authorize the interstate commission to seek judicial action to enforce the Compact against a party state.  Article XII.C of the ICAOS is a good example. See Interstate Comm’n for Adult Offender Supervision v. Tennessee Bd. of Prob. &…
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…
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…
States are bound by the Commission’s rules under the terms of the Compact. The rules adopted by the Commission have the force and effect of statutory law and all courts and executive agencies shall take all necessary measures to enforce their application…
Some states recognize the so-called public duty doctrine—the idea that a government official has no legal duty to protect an individual citizen from harm caused by a third person. The rule recognizes the limited resources of law enforcement and a refusal…
Some federal statutes have their own enforcement mechanism through an express or implied cause of action in the federal statute itself. See Alexander v. Sandoval, 532 U.S. 275 (2001) (applying the test through which a court determines whether a statute…
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
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…
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto are intended to protect certain healthcare information from disclosure to authorized persons or entities. Generally, prior to disclosure of…
The ICAOS creates an Interstate Commission to oversee the operations of the Compact nationally, enforce its provisions on the member states, and resolve any disputes that may arise between the states. The Commission is comprised of one voting…
 The powers of the Commission appear in Article V of the ICAOS. Among its primary powers, the Commission: Promulgates rules, which are binding on the states and have the force and effect of statutory law within each member state; Oversees, supervises, and…
As previously discussed, supervised individuals do not have a constitutional right to travel, and states are not constitutionally required to accept supervised individuals from other states. Consequently, the ICAOS is the sole mechanism by which states…
(a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on a supervised individual if that condition would have been imposed on a supervised individual sentenced in the receiving state. (b) A receiving…
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…
I. Mission To provide an independent, objective assurance that there is adherence to Commission rules, policies, and procedures. II. Objectives The objective of the ICAOS Compliance Audit Program is to provide independent assurance to the Commission that…
The following are key features of the ICAOS: The creation of a formal Interstate Commission comprised of Commissioners representing each of the member states and vested with full voting rights, the exercise of which is binding on the respective state. The…
One of the axioms of modern government is a state legislature’s ability to delegate rulemaking power to an administrative body. This delegation of authority extends to the creation of an interstate commission through an interstate Compact. See Hess v.…
As the ICAOS governs the movement of supervised individuals and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and…
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:…
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…
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…
The Interstate Commission for Adult Offender Supervision (ICAOS) promulgates rules under Articles V and VIII of the Compact to improve outcomes and promote collaboration among member states. ICAOS aims to establish a uniform system that applies to all…
I. Authority The Executive Committee is vested with the power to adopt a policy 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…
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