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.

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… 2379 … offender … 2397 … definitions … 2004 … Offender – means an adult placed under, or made subject to, … under the provisions of the Interstate Compact for Adult Offender Supervision.  … Definition - Offender
… 2379 … 2373 … 2366 … 2364 … 2363 … 2362 … 2360 … 2358 … sex offender … 2397 … 2411 … definitions … 2008 … Sex Offender – means an adult placed under, or made subject to, … and who is registered or required to register as a sex offender in the sending or is under sex offender terms and …
A receiving state is obligated to continue to supervise offenders “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.” See Rule 2.108. Therefore, it would be…
… A receiving state is obligated to continue to supervise offenders “who become mentally ill or exhibit signs of … supervision or to demand that a sending state retake an offender purely because the offender has become mentally or physically disabled. … …
Courts have generally upheld sex offender registration requirements for offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender…
… Courts have generally upheld sex offender registration requirements for offenders whose supervision transfers under an interstate … not discriminatory. Thus, a receiving state may impose sex offender registration requirements on transferees so long as …
Determining offender eligibility under the Compact requires a multi-prong analysis beginning with the broad definition of offender. An “offender” means “an adult placed under, or made subject to, supervision as a result of the commission of a criminal…
… Determining offender eligibility under the Compact requires a … multi-prong analysis beginning with the broad definition of offender. An “offender” means “an adult placed under, or made subject to, …
A receiving state shall continue to supervise offenders who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.  History: Adopted November 3, 2003, effective August 1, 2004.
… A receiving state shall continue to supervise offenders who become mentally ill or exhibit signs of mental … … conditions of supervision … consistent supervision … offender … supervision … supervision in receiving state … … … supervision receiving state … 2004 … Rule 2.108 - Offenders with disabilities …
States that are party to this compact shall allow officers authorized by the law of the sending or receiving state to transport offenders through the state without interference. History: Adopted November 4, 2003, effective August 1, 2004.
… by the law of the sending or receiving state to transport offenders through the state without interference. History: … Adopted November 4, 2003, effective August 1, 2004. … offender … supervision receiving state … 2004 … Rule 5.109 - Transport of offenders …
… returning offenders … violations … 2019 … Chapter 4 - Returning Offenders to the Sending State …
(a) Upon a request by the receiving state and documentation that the offender’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from the receiving state or a subsequent receiving state within…
… a request by the receiving state and documentation that the offender’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from the receiving state or a subsequent receiving … days of the receipt of the violation report. (b) If the offender is ordered to return in lieu of retaking, the …
(a) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements. (b) The sending state shall be required to…
… the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due … the authority of the officer and the identity of the offender to be retaken. References: ICAOS Advisory Opinions …
Offenders 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 the Compact…
Offenders will sometimes allege that officers were negligent … no other nondiscretionary rule applied with respect to the offender’s lengthy incarceration subsequent to the initial … out the activity. … immunity … judicial … liability … offender … liability immunity … 2019 … Bench Book - 5.2.2.1 …
At the request of a receiving state, Rule 5.102 requires the sending state to retake an offender convicted of a violent crime. A violent crime is qualified by one of the following four criteria: (1) any crime involving the unlawful exertion of physical…
… state, Rule 5.102 requires the sending state to retake an offender convicted of a violent crime. A violent crime is … … behavior requiring retaking … conviction … felony … offender … retaking … supervision in receiving state … … … violent crime … 2397 … 2440 … retaking … returning offenders … violations … 2019 … Bench Book - 4.3.2 Offenders …
… … 2019 … Chapter 2 - Interstate Commission for Adult Offender Supervision (ICAOS) …
According the Commission’s definition of “offender,” the Commission can regulate the full range of adult offenders. An adult offender does not have to be on a traditionally applied formal “probation” or “parole” status to qualify for transfer and…
… According the Commission’s definition of “offender,” the Commission can regulate the full range of adult offenders. An adult offender does not have to be on a traditionally applied …
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision pursuant to a pre-trial…
Offenders subject to deferred sentences are eligible for … requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision … … eligibility … eligibility … 2010 … Rule 2.106 - Offenders subject to deferred sentences …
A person who is released from incarceration under furlough, work-release, or other preparole program is not eligible for transfer under the compact. History: Adopted November 3, 2003, effective August 1, 2004.
… August 1, 2004. … conditional release … eligibility … offender … prerelease investigation … eligibility … 2004 … Rule 2.107 - Offenders on furlough, work release …
A sending state shall be responsible for the cost of retaking the offender. History: Adopted November 4, 2003, effective August 1, 2004.
… state shall be responsible for the cost of retaking the offender. History: Adopted November 4, 2003, effective August 1, 2004. … offender … retaking … sending state … retaking … 2004 … Rule 5.104 - Cost of retaking an 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…
… 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 a convicted person substantially affects the …
The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment restrictions. Rule 3.101-3 addresses these challenges in order to promote offender…
… The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment … Rule 3.101-3 addresses these challenges in order to promote offender accountability, public safety, and sharing …
(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…
… (a) No state shall permit an offender who is eligible for transfer under this compact to … except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact … the laws and regulations of the state responsible for the offender’s supervision. (c) Upon violation of section (a), …
(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…
… 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 … state in the investigation of the transfer request of a sex offender: All assessment information, completed by the …
(a) For an offender returning to the sending state, the receiving state shall request reporting instructions, unless the offender is under active criminal investigation or is charged with a subsequent felony or violent crime in the receiving state. The…
… (a) For an offender returning to the sending state, the receiving state shall request reporting instructions, unless the offender is under active criminal investigation or is … shall provide the sending state with the reason(s) for the offender’s return. The offender shall remain in the …
(a) Upon receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in custody. (b) If an offender who has…
… state shall issue a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in custody. (b) If an offender who has absconded is apprehended on a sending …
A sending state shall retake an offender within 30 calendar days after the offender has been taken into custody on the sending state’s warrant and the offender is being held solely on the sending state’s warrant. History: Adopted November 4, 2003,…
… A sending state shall retake an offender within 30 calendar days after the offender has been taken into custody on the sending state’s warrant and the offender is being held solely on the sending state’s …
As a general proposition, convicted persons enjoy no right to interstate travel or a constitutionally protected interest to supervision in another state. See Jones v. Helms, 452 U.S. 412, 418-20 (1981); Griffin v. Wisconsin, 483 U.S. 868, 874 (1987); U.S…
… as other punishments for criminal convictions curtail an offender’s freedoms, a court granting probation may impose reasonable conditions that deprive the offender of some freedoms enjoyed by law-abiding … A categorical denial of the right to travel applicable to offenders does not presumptively violate due process rights …
Transfers fall into one of two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to place an offender outside the state rests exclusively with the sending state. See Rule 3.101. The offender has no constitutional right…
… and (2) discretionary acceptance. The authority to place an offender outside the state rests exclusively with the sending state. See Rule 3.101 . The offender has no constitutional right to transfer their supervision to another state, even if the offender is otherwise eligible. Therefore, Rule 3.101 should …
The other circumstances in which a receiving state is mandated to accept supervision include the employment transfer of an offender and the employment transfer of a family member with whom the offender resides with to another state. Rule 3.101-1(a)(3) and…
… to accept supervision include the employment transfer of an offender and the employment transfer of a family member with whom the offender resides with to another state. Rule 3.101-1(a)(3) and (a)(4) covers such instances. An offender is eligible to have supervision transferred to …
(a) If a receiving state accepts transfer of the offender, the receiving state’s acceptance shall include reporting instructions. (b) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit to the…
… (a) If a receiving state accepts transfer of the offender, the receiving state’s acceptance shall include … state, the sending state shall issue a travel permit to the offender and notify the receiving state of the offender’s departure as required under  Rule 4.105 .  (c) A …
(a) Notification to victims upon transfer of offenders—Within 1 business day of the issuance of reporting instructions or acceptance of transfer by the receiving state, the sending state shall initiate notification procedures to victims of the transfer of…
… (a)  Notification to victims upon transfer of offenders— Within 1 business day of the issuance of … procedures to victims of the transfer of supervision of the offender in accordance with its own laws. (b) The receiving state shall respond to requests for offender information from the sending state no later than …
If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process…
… If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have … to ensure compliance with state law. One example is an offender’s right to counsel during a probable cause hearing. …
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