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 papers, advisory opinions, bylaws, policies, Hearing Officer's Guide, training modules, rules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

Displaying 31 - 60 of 74
Rule 5.101-2 - Discretionary Process for Disposition of Violation in the Sending State for a New Crime Conviction
Notwithstanding any other rule, a sentence imposing a period of incarceration on a supervised individual convicted of a new crime which occurred outside the sending state during the compact period may satisfy or partially satisfy the sentence imposed by…
Support - 1-2023i Warrant Execution Management
Effective July 27, 2023 At Issue When the Warrant Status should be ‘Executed’ The ‘Warrant Status’ special status allows states to document and track compact compliant warrants when they are required for retaking and absconders.  The warrant special…
Bench Book - 5.2.1.2 Constitutional Violations Related to ICAOS
While the Compact does not create a private right of action, this does not leave supervised individuals without recourse under Section 1983. Instead, their claims must be framed as violations of constitutionally protected rights. There are numerous…
Support - Violation Summary Information
The Violation Summary provides violation data (e.g. violation type, recommendation, latest response, etc.) transmitted on a Violation Report Requiring Retaking within a selected date range.  It can provide historical impact of rule changes (specifically…
Bench Book - 4.2.1 Waiver of Extradition under the ICAOS
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning supervised individuals who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states…
Support - Discretionary Retaking Quick Reference Guide
The Discretionary Retaking activity communicates the Sending State’s intent to Retake under Rule 5.101 (b) ‘retake a supervised individual via warrant.’    See Rule 5.101 Use of Discretionary Retaking Activity Sending state intends to retake via warrant,…
Rule 3.109 - Waiver of Extradition
(a) A supervised individual applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the individual may abscond while under supervision in the receiving state. (b) States…
Definition - Behavior Requiring Retaking
Behavior Requiring Retaking – means an act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for…
Bench Book - 5.2.1.4 No Substitute for Appeal or Habeas Corpus
In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court clarified that a Section 1983 action should not be used to challenge the validity of a criminal judgment. If the alleged civil rights violation would be one that would render a conviction,…
Bench Book - 5.3.4 Judicial Immunity
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…
Bench Book - 4.3 Retaking
As previously noted, Article I of ICAOS authorizes officers from a sending state to enter a receiving state, or any state where a supervised individual has absconded, for the purpose of retaking. Except for limited exceptions, the decision to retake lies…
Rule 5.103-1 - Mandatory Retaking for Supervised Individuals Who Abscond
(a) Within 15 business days of receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension, file a detainer with the holding facility where the supervised individual is in custody. (b) If a …
Bench Book - 3.1 Key Definitions in the Rules
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…
Bench Book - 3.5.3 Victims' Rights
 The ICAOS specifically creates distinct rights for victims of crime and certain obligations on courts and supervising authorities with respect to those rights. While the Compact statute itself is general on the rights, the commission’s rules spell out…
Bench Book - 4.6.1 Arrest of Absconders Who Fail to Return to Return to Sending State as Ordered
ICAOS Rules 4.111 and 5.103 also require sending states to issue nationwide arrest warrants for absconders who fail to return to the sending state in no less than fifteen (15) business days. Warrant requirements apply to supervised individuals who fail to…
Bench Book - 5.2.2.1 Tort Claims by Supervised Individuals
Supervised individuals will sometimes allege that officers were negligent in carrying out their duties under the Compact. For example, in Grayson v. Kansas, No. 06-2375-KHV, 2007 WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under…
Advisory Opinion 2-2005
Whether officers can arrest and detain compact offenders for probation violations
Bench Book - 3.8.2 Fees
Rule 4.107 permits the collection of fees from individuals subject to the Compact. Specifically, Rule 4.107(a), allows the sending state to impose a transfer application fee, while Rule 4.107(b) authorizes the receiving state to impose a supervision fee.…
Support - Compact Online Reference Encyclopedia (CORE) - User Guide
What is CORE? CORE (Compact Online Reference Encyclopedia) is a search index that incorporates and cross-references all of the ICAOS Rules, Advisory Opinions, Bench Book, Bylaws, Hearing Officer's Guide, Administrative Policies, Helpdesk (Support)…
Rule 4.103 - Conditions of Supervision
(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…
Bench Book - 5.3.1.1 Official Capacity versus Individual Capacity
Eleventh Amendment immunity also extends to state government officers and employees to the extent that they are sued in their official capacity, but not to suits against them in their individual capacity. The distinction between official-capacity and…
Bench Book - 4.4 Arrest and Detention of Supervised Individuals in the Receiving State
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…
Bench Book - 5.3.6 Qualified Immunity
Government officials sued in their individual capacity have what is known as qualified immunity from suits for damages to the extent that their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person…
Bench Book - 4.7.2 Right to Counsel
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…
Support - FY22 Q2 (October 2021-December 2021): Retaking management
Background on Retaking Management Four prior ICOTS enhancements to the Offender Violation Report (2013, 2017, 2018 & 2021 @ costs of $250k+) provide tools for ICOTS users to manage mandatory retaking.    In addition, several administrative reports…
Advisory Opinion 6-2005
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
Advisory Opinion 1-2014
Whether an offender who has been arrested and released on bail for pending charges in the receiving state may be apprehended and detained for retaking by the sending state pending resolution of the new criminal charge
Chapter 1: Definitions - Rule 1.101
*/ 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. '…
Support - 2021 Rule Amendments & ICOTS Enhancements
On September 29, 2021, the Commission approved several Rule Amendments and ICOTS enhancements to be implemented on April 1, 2022.  ICOTS Enhancements supplementing these rules launch June 1, 2022.  Details can be accessed on the ABM archive page.…
White Paper - Discharge of Sentences in Lieu of Retaking is a Violation of the Compact and the ICAOS Rules
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…
Displaying 31 - 60 of 74