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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Resident Family – means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who has resided in the receiving state for 180 calendar days or longer as of the date of the transfer request; and indicates…
 Other circumstances in which a receiving state is mandated to accept supervision include the employment transfer of a supervised individual or the employment transfer of a family member with whom the supervised individual resides. Rule 3.101-1(a)(3) and…
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…
(a) At the discretion of the sending state, a supervised individual shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer for: Transfers of military members—A supervised…
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on a supervised individual. (b) Upon notice by the sending state that the supervised…
(a) When a supervised individual submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, the victim notification authority in the sending state shall inform victims of the supervised individual…
(a) If there is reasonable suspicion that a supervised individual has absconded, the receiving state shall attempt to locate the individual. Such activities shall include, but are not limited to: Documenting communication attempts directly to the…
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
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…
An unfortunate fact pattern that arises from time to time is when a Compact supervised individual causes the injury or death of a victim. Victims of those incidents (or their family members or estate) will sometimes raise tort claims against correctional…
There is rarely any doubt in the case law that probation and parole officials are “persons” and that, in performing their duties, they are acting under “color of law” within the meaning of Section 1983. The law also allows suits against municipalities and…
(a) Eligibility for Transfer—At the discretion of the sending state a sex offender shall be eligible for transfer to a receiving state under the Compact rules. A sex offender shall not be allowed to leave the sending state until the sending state’s…
One area for potential confusion centers on the issue of treatment in lieu of supervision or treatment as supervision. In such cases, courts may be inclined to defer sentence and require enrollment in a community-based or in-house treatment program in…
Victim – means a natural person or the family of a natural person who has incurred direct or threatened physical or psychological harm as a result of an act or omission of a supervised individual.
A supervised individual 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 Extradition and Rendition Act (UERA). Under that act, a fugitive may waive…
Compliance – means that a supervised individual is abiding by all terms and conditions of supervision, including payment of restitution, family support, fines, court costs or other financial obligations imposed by the sending state.
(a) A transfer request for a supervised individual shall be transmitted through the electronic information system authorized by the commission and shall contain: A narrative description of the instant offense in sufficient detail to describe the…
The following key terms and their definitions supplement terms defined by the Compact rules. They should be of special interests to judicial authorities: Abscond means to be absent from the supervised individual’s approved place of residence and…
At the discretion of the sending state, a supervised individual shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the supervised individual: (a) has more than 90…
*/ 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. '…
Transfers are classified into two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to transfer a supervised individual to another state lies solely with the sending state. See Rule 3.101. The supervised individual does…
Authority to issue travel permits
Whether receiving states can denying reporting instructions based on an invalid plan of supervision
Whether an undocumented immigrant is subject to the Compact
Whether offenders who are not eligible to transfer under Rule 3.101 or 2.105 are permitted to a discretionary transfer
Clarification on how the 90-days remaining on supervision is determined
Whether offenders who seek to reside in federal housing are eligible for transfer under the Compact
Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
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.
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