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.

Displaying 1 - 24 of 24
… 2378 … 2351 … 2348 … extradition … 2397 … 2421 … 2450 … definitions … 2004 … Extradition – means the return of a fugitive to a state in … to evade justice or escape prosecution.  … Definition - Extradition  …
(a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state. (b) States that are party…
… at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond … are party to this compact waive all legal requirements to extradition of offenders who are fugitives from justice.   … a sending state can retake them at anytime and that formal extradition hearings would not be required.] 3-2012 …
An offender who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Criminal Extradition and Rendition Act (UCERA). Under that act, a fugitive may waive…
… a demanding state can be affected by the Uniform Criminal Extradition and Rendition Act (UCERA). Under that act, a … fugitive may waive all procedural rights incidental to the extradition, for example the issuance of a Governor’s … to an interstate Compact, all requirements to obtain extradition are waived.”) An interstate Compact has been …
Waiver of Formal Extradition Proceedings
… Waiver of Formal Extradition Proceedings … returning offenders … violations … 2019 … Bench Book - 4.2 Waiver of Formal Extradition Proceedings …
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states recognize that…
… among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate … pursuant to Rule 3.109 , an offender is required to waive extradition as a condition of transferring supervision. That … at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond …
Whether an offender whose supervision was never transferred under the Compact and who subsequently absconds supervision is subject to the terms of the Compact and ICAOS rules and may the State from which the offender absconded return the offender under…
… absconded return the offender under the Compact or is the Extradition Clause of the U.S. Constitution the only means … of the Constitution, the Compact and ICAOS Rules that “extradition” under the federal Constitution and “retaking” … of federal and state courts decisions have distinguished “extradition” from “retaking” based on the foregoing …
Arresting & Detaining Compact Probationers and Parolees. Authority of officers to arrest an out-of-state offender sent to Florida under the ICAOS on probation violations.
… the governor of the asylum state has acted on a request for extradition based on a demanding state’s judicial … on habeas corpus can do no more than decide (a) whether the extradition documents on their face are in order; (b) … the petitioner is the person named in the request for extradition; and (d) whether the petitioner is a fugitive). …
(a) Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender’s release from that facility provided that– No detainer has been…
… the state in which the correctional facility lies; and No extradition proceedings have been initiated against the …
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…
As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision to retake an offender…
… the offender. As the Compact and Rule 3.109 waive formal extradition proceedings, officers need only establish their … … abscond … absconder … behavior requiring retaking … extradition … offender … probable cause … probable cause … in receiving state … violations … waiver … waiver of extradition … warrant … 2397 … 2437 … 2438 … 2440 … 2441 … …
(a) No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact is not subject to…
… the Compact and no application for transfer or waiver of extradition ever occurred, neither the Compact nor the ICAOS … in California, must be apprehended and returned under the extradition clause of the U.S. Constitution.] 4-2012 …
The courts have defined the relationship between sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state offenders the receiving state acts on behalf of and as an agent of the sending state…
… retaking … by-laws … detain … detainer … due process … extradition … offender … retaking … violations … 2432 … 2437 …
This on-demand training module discusses Rule 5.102 and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony or violent crime by reporting the violation on the offender Violation Report Requiring Retaking.…
… Convicted of a New Felony or Violent Crime … conviction … extradition … mandatory … offender … on demand training … …
The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not…
… applying for interstate transfer must agree to waive extradition from any state to which the offender may abscond … States party to the Compact waive all legal requirements to extradition of offenders who are fugitives from justice. See …
(a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on an offender if that condition would have been imposed on an offender sentenced in the receiving state. (b) A receiving state shall notify a…
… a sending state can retake them at any time and that formal extradition hearings would not be required and that he or …
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state must detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
… governor of the asylum state has acted on a request for extradition based on a demanding state’s judicial … the petitioner is the person named in the request for extradition; and (d) whether the petitioner is a fugitive). …
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence or employment and avoiding supervision. Adult – means both individuals legally classified as…
… that was imposed on an offender by the sending state. Extradition – means the return of a fugitive to a state in … Compact and no application for transfer or waiver of extradition ever occurred, neither the Compact nor the ICAOS … in California, must be apprehended and returned under the extradition clause of the U.S. Constitution.] Offender – …
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…
… to the sending state through means other than formal extradition. To this end, the status of an offender as a …
This on-demand training module provides an introduction to ICAOS and rules relevant to Judges, attorneys and other court personnel.
Displaying 1 - 24 of 24