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 121 - 150 of 242
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 - 4.7.1 General Considerations
Supervised individuals, including those under ICAOS supervision, have limited rights. Conditional release is a privilege not guaranteed by the Constitution; it is an act of grace, a matter of pure discretion on the part of sentencing or corrections…
Hearing Officer's Guide - I. When is an Supervised Individual Entitled to a Probable Cause Hearing?
In Morrissey and Gagnon, the US Supreme Court established a two-step process for revocation proceedings.  Step 1: A preliminary hearing to determine the appropriateness of the individual's detention due to suspected violations of conditions of supervision…
Alcohol Consumption 01-2006
I. Objectives A. This policy advocates the responsible use of alcohol at business functions for the Interstate Commission for Adult Offender Supervision and ensures that ICAOS funds are being expended in a prudent and reasonable manner in the conduct of…
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 - 4.3.2 Supervised Individuals Convicted of a Violent Crime
At the request of a receiving state, Rule 5.102 requires the sending state to retake a supervised individual 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…
Bench Book - 4.8 Bail Pending Return
A supervised individual subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state from admitting a supervised individual to bail pending completion of the retaking process,…
Rule 4.110 - Transfer to a Subsequent Receiving State
(a) At the request of a supervised individual for transfer to a subsequent receiving state, and with the approval of the sending state, the sending state shall prepare and transmit a request for transfer to the subsequent state in the same manner as an…
Rule 4.112 - Closing of Supervision by the Receiving State
(a) The receiving state may close and cease supervision upon– The date of discharge indicated for the supervised individual at the time of application for supervision unless informed of an earlier or later date by the sending state; Notification to the…
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…
Communicating with Members of the Public 02-2007
I. Objectives This policy ensures that communications with members of the public are handled equally, devoid of judgment, and are consistent with the business objectives of the Interstate Commission for Adult Offender Supervision. II. Applicability This…
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…
Bench Book - 4.2 Waiver of Formal Extradition Proceedings
Waiver of Formal Extradition Proceedings
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 - 3.2.1.3 Special Rules for Military Personnel and Their Families
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…
On-Demand - ICAOS 204 Probable Cause Hearings-Rule 5.108
When possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the receiving state, compact offenders are ENTITLED to a probable cause hearing near where the alleged violations occurred prior to retaking.…
Definition - Compact Administrator
Compact Administrator – means the individual in each compacting state appointed under the terms of this compact and responsible for the administration and management of the state's supervision and transfer of supervised individuals subject to the terms of…
Bench Book - 4.2.2 Uniform Extradition Act Considerations
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…
On-Demand - ICAOS/ICOTS 302 Transfer Request
This on-demand training module illustrates the process for transferring supervision responsibilities to another state including requirements for a transfer request and qualifications for reporting instructions. This module is approximately 20 minutes.…
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…
BYLAWS - ARTICLE I - COMMISSION PURPOSE, FUNCTION AND BY-LAWS
Section 1. Purpose. Pursuant to the terms of the Interstate Compact for Adult Offender Supervision, (the “Compact”), the Interstate Commission for Adult Offender Supervision (the “Commission”) is established to fulfill the objectives of the Compact,…
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 - 4.7.3.2.1 Supervised Individual's Basic Rights at a Probable Cause Hearing
Rule 5.108(d) defines the supervised individual’s basic rights for a probable cause hearing. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process procedures in a…
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…
Hearing Officer's Guide - Introduction
This guide outlines due process procedures for retaking under the Interstate Compact for Adult Offender Supervision (ICAOS). This guide is not an exhaustive legal review given the unique nature of violation cases. Each state may have procedural variations…
Definition - Probable Cause Hearing
Probable Cause Hearing – a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of a supervised individual accused of violating the terms or conditions of the supervised individual‘s parole or probation.
Bench Book - 5.1 Introduction
Given the large number of individuals under supervision through the Interstate Compact for Adult Offender Supervision (ICAOS, or the Compact), legal actions against judicial officials, correctional staff, and other administrators of the Compact are…
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…
Definition - Temporary Travel Permit 
Temporary Travel Permit – means, for the purposes of Rule 3.108 (b), the written permission granted to an offender, whose supervision has been designated a “victim–sensitive” matter, to travel outside the supervising state for more than 24 hours but no…
Bench Book - 4.7.3.2.2 Probable Cause Hearing Report
Rule 5.108(e) requires the receiving state to prepare a written report of the hearing within 10 business days and to transmit the report along with any evidence or record from the hearing to the sending state. The report must contain (1) the time, date,…
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