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 72
Dues Assessment and Enforcement 05-2004
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…
BYLAWS - ARTICLE II - MEMBERSHIP
Section 1. Commissioners The Commission Membership shall be comprised as provided by the Compact. Each Compacting State shall have and be limited to one Member. A Member shall be the Commissioner of the Compacting State. Each Compacting State shall…
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 - 5.2.1.6 Persons Acting under Color of Law
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…
Bench Book - 1.9 Recommended Sources of Compact Law and Information
For additional information on interstate Compact law and interstate Compacts generally, see Michael L. Buenger, Jeffrey B. Litwak, Michael H. McCabe & Richard L. Masters,, The Evolving Law and Use of Interstate Compacts 2d ed. (ABA Publ’g 2016) and…
White Paper - Legal Implications of the Interstate Compact Offender Tracking System (ICOTS)
Published December 19, 2018 At the request of the Interstate Commission for Adult Offender Supervision’s (ICAOS) Executive Committee, the following legal analysis has been prepared in order to serve as a resource documenting the legal implications of the…
Bench Book - 1.4.1 When Consent is Required
The Compact Clause of the U.S. Constitution states, “No State shall, without the consent of Congress, . . . enter into any agreement or Compact with another State . . . .” U.S. CONST. art. I, § 10, cl. 3. Though a strict reading of the Compact Clause…
Rule 3.104 - Time Allowed for Investigation by Receiving State
(a) A receiving state shall complete an investigation and respond to a sending state’s request for a supervised individual’s transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving…
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 - 1.1 Who Must Comply with an Interstate Compact?
Interstate Compacts are binding on signatory states, meaning once a state legislature adopts a Compact, it binds all agencies, state officials and citizens to the terms of that Compact. Since the very first Compact case, the U.S. Supreme Court has…
BYLAWS - ARTICLE III - OFFICERS
Section 1. Election and Succession. The officers of the Commission shall include a chairperson, vice chairperson, secretary and treasurer. The officers shall be duly appointed Commission Members, except that if the Commission appoints an Executive…
Bench Book - 4.7.3.2 Probable Cause Hearings when Violations Occurred in another State
Where the retaking of a supervised individual may result in revocation of conditional release by the sending state, the individual is entitled to the basic due process considerations that are the foundation of the Supreme Court’s decisions in Morrissey…
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…
Investigating Allegations of Non-Compliance 02-2008
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…
White Paper - Legal Implications of Remote Hearings in Relation to ICAOS Rules
At the request of the Interstate Compact for Adult Offender Supervision’s (“ICAOS”) Executive Committee, and following a roundtable discussion with various ICAOS stakeholders, the following legal analysis has been prepared to serve as a resource…
Bench Book - 1.5 Interpretation of Interstate Compacts
Because Compacts are statutes and contracts, courts interpret interstate Compacts in the same manner as interpreting ordinary statutes and by applying contract law principles. PRACTICE NOTE: No court has explained when to apply statutory construction…
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…
Bench Book - 3.6.2 Authority to Impose Conditions
Courts and paroling authorities have wide latitude in imposing conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the underlying offense, promote the individual’s rehabilitation, not unreasonably…
Hearing Officer's Guide - V. Frequently Asked Questions
Is there a standard waiver for a probable cause hearing? No. States should follow the elements of a waiver that inform the supervised individual of the consequences of a waiver in writing to prevent any question as to the voluntary nature of the admission…
Rule 5.108 - Probable Cause Hearing in Receiving State
(a) A supervised individual subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation…
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…
Advisory Opinion 2-2005
Whether officers can arrest and detain compact offenders for probation violations
Advisory Opinion 4-2010
The effect of a Washington statute that prohibits certain offenders from being under supervision
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. '…
Advisory Opinion 2-2008
Authority to issue travel permits
Advisory Opinion 7-2006
Whether the second or subsequent misdemeanor DUI meets ICAOS eligibility
Advisory Opinion 2-2007
Whether offenders who seek to reside in federal housing are eligible for transfer under the Compact
Advisory Opinion MA-2004
Adopting an emergency rule for Massachusetts who had not enacted the Compact
Advisory Opinion 3-2010
Whether a California statute classifying offenders as not subject to supervision or revocation are eligible for transfer under the Compact
Advisory Opinion 1-2010
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
Displaying 31 - 60 of 72