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 128
Bench Book - 4.3.1 Violation Reports Requiring Retaking
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that a supervised individual has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101…
Rule 6.103 - Enforcement Actions Against a Defaulting State
(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…
Bench Book - 2.10 Key Definitions in the ICAOS (Art II)
The following definitions should be of particular interest to judicial authorities: Adult – means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. Compact Administrator – means the…
State Council Policy 03-2009
I. Authority Article IV, of the model compact language, provides for the appointment of a State Council for the implementation, administration, and advocacy of the Compact. This policy ensures compliance with the Statute or Code requirements that each…
Chapter 3 - The ICAOS Implications for the Courts
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…
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 - 2.2 Why the Interstate Compact for Adult Offender Supervision?
The intent of the ICAOS is not to dictate judicial sentencing or place restrictions on the court’s discretion relative to sentencing. See Scott v. Virginia, 676 S.E.2d 343, 347 (Va. App. 2009). The ICAOS contains no provisions directing judges on…
Bench Book - 4.7.3.2.3 Post Probable Cause Hearing
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…
Bench Book - 1.2.1 Interstate Compacts are Formal Agreements Between States
Understanding the legal nature of an interstate Compact begins with this basic point: interstate Compacts are formal agreements between states that exist simultaneously as both (1) statutory law, and (2) contracts between states. The contractual nature…
White Paper - State Liability: Why Your State Can Be Sanctioned Upon Violation of the Compact or the ICAOS Rules
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…
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…
Hearing Officer's Guide - II. Considerations for Probable Cause Hearings
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…
Rule 2.109 - Adoption of Rules; Amendment
Proposed new rules or amendments to the rules shall be adopted by majority vote of the members of the Interstate Commission in the following manner. (a) Proposed new rules and amendments to existing rules shall be submitted to the Interstate Commission…
Bench Book - 1.7.1 Relief Must Be Consistent with the Compact
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…
Bench Book - 1.8 Party State, Interstate Commission, and Third-Party Enforcement Compacts
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. &…
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…
Emergency Guidelines 01-2020
I. Authorization Article I of the ICAOS BYLAWS provides that, the Commission “is established to fulfill the objectives of the Compact” through “the promulgation of binding rules and operating procedures” governing “oversight and coordination of offender…
Bench Book - 3.2.1.2 Eligibility of Supervised Individuals, Residency Requirements - General Overview
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…
Training and Technical Assistance 01-2008
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…
Compliance Audit Policy 05-2009
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…
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…
Bench Book - 1.7.2 Eleventh Amendment Issues for Interstate Commissions
The Eleventh Amendment guarantees state sovereign immunity from suit in federal court. The Eleventh Amendment ensures that states retain certain attributes of sovereignty, including sovereign immunity. Hans v. Louisiana, 134 U.S. 1, 13 (1890). Over the…
Bench Book - 2.7 Adoption and Withdrawal
Like other interstate Compacts, the ICAOS inaugurated when state legislatures enacted statutes that adopted the provisions of the agreement. For the ICAOS, the Compact required adoption by thirty-five states to become active. Unlike some Compacts that are…
Bench Book - 1.4.3 Implications of Congressional Consent
Congressional consent can significantly change the nature of an interstate Compact. “[W]here Congress has authorized the States to enter into a cooperative agreement, and where the subject matter of that agreement is an appropriate subject for…
Advisory Opinion 7-2006
Whether the second or subsequent misdemeanor DUI meets ICAOS eligibility
Advisory Opinion 2-2012
Whether the receiving state's acceptance of a transfer request or reporting instructions creates the 'planned release' date
Advisory Opinion 2-2008
Authority to issue travel permits
Advisory Opinion 1-2012
Effect of New Jersey statute on acquitted persons by reason of insanity
Advisory Opinion 16-2006
Interpretation of physical harm and whether states can consider other criteria such as plea bargains in determining eligibility
Advisory Opinion 2-2005
Whether officers can arrest and detain compact offenders for probation violations
Displaying 31 - 60 of 128