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 61 - 90 of 287
Bench Book - 3.2.1.6.3 What Constitutes Second and Subsequent Conviction of Driving While Impaired?
Particular attention should be paid to offenders convicted of a second or subsequent offense of driving while impaired (DUI and DWI offenses). Because various states’ laws differ widely on what constitutes a second or subsequent conviction, the Commission…
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 offender rehabilitation, not unreasonably impinge on…
Bench Book - 4.5 Discretionary Disposition of Violation
As previously discussed, Rule 5.102 requires the sending state to retake an offender for a new felony or violent crime conviction after the offender’s release from incarceration for the new crime. This may result in a considerable amount of time between…
Bench Book - 4.7 Post-Transfer Hearing Requirements
Post-Transfer Hearing Requirements
Advisory Opinion 4-2012
Whether a state can permit an offender to proceed to another state for multiple periods of time, never exceeding 45 consecutive days in any single occurrence
Advisory Opinion 2-2012
Whether the receiving state's acceptance of a transfer request or reporting instructions creates the 'planned release' date
Rule 4.103-1 - Force and effect of conditions imposed by a receiving state
The sending state shall give the same force and effect to conditions imposed by a receiving state as if those conditions had been imposed by the sending state. History: Adopted October 26, 2004, effective January 1, 2005; amended October 4, 2006,…
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 an offender if that condition would have been imposed on an offender sentenced in the receiving state. (b) A receiving state shall notify a…
On-Demand - ICAOS 202 Violation Reports for Mandatory Retaking
This on-demand training module includes: Violation Reports for Mandatory Retaking Types of Violations Requiring Retaking Documentation Expectations Managing the Retaking Process
Bench Book - 3.2.1.6.2 Deferred Prosecution
Some states may use a “sentencing” option referred to as deferred prosecution. Such sentences, which are generally authorized by a state’s statutes, allow the offender to admit under oath or stipulate to the facts of the criminal conduct, but defer…
Rule 3.103 - Reporting instructions; offender living in the receiving state at the time of sentencing or after disposition of a violation or revocation proceeding
(a) A request for reporting instructions for an offender who was living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding shall be submitted by the sending state within 7 business days of…
Advisory Opinion 1-2015
Whether a transferred offender who commits a violation may be subjected to confinement for short periods in lieu of revocation
Advisory Opinion 1-2009
Whether a sending state may request an investigation prior to the offender’s release from incarceration
Rule 5.101 - Discretionary retaking by the sending state
(a) Except as required in Rules 5.101-1, 5.102, 5.103 and 5.103-1 at its sole discretion, a sending state may order the return of an offender.  The sending state must notify the receiving state within 15 business days of their issuance of the directive to…
Bench Book - 3.2.1.6.1 Deferred Sentencing
In addition to traditional cases where an offender is formally adjudicated and placed on supervision, the ICAOS also applies in so-called “suspended sentencing,” “suspended adjudication,” and “deferred sentencing” contexts. Rule 2.106 provides that “…
Bench Book - 3.8.1 Restitution
As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court…
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 offender if…
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…
On-Demand - ICAOS 201 Retaking & Warrants
This on-demand training module includes: Retaking & Warrant Overview Discretionary Retaking & Mandatory Retaking
Bench Book - 3.3.1 Time of Transfer
The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not…
Rule 4.101 - Manner and degree of supervision in receiving state
A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the receiving state, including the use of incentives, corrective actions, graduated responses, and other supervision techniques.…
Advisory Opinion 4-2004
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
Advisory Opinion 13-2006
Whether an undocumented immigrant is subject to the Compact
Advisory Opinion 5-2006
Whether a receiving state can exceed the 45 day rule to determine if a supervision plan is valid for sex offenders
Rule 4.109-1 - Authority to arrest and detain
An offender in violation of the conditions of supervision may be taken into custody or continued in custody by the receiving state. History: Adopted October 4, 2006, effective January 1, 2007; amended September 14, 2016, effective June 1, 2017.  
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 - 3.6.1 General Conditions
Although a state may be required to accept supervision given the offender’s eligibility status, the receiving state may determine that conditions are necessary at the time of acceptance. The receiving state can only impose conditions that it would impose…
Rule 3.101-1 - Mandatory reporting instructions and transfers of military, families of military, family members employed, employment transfer, and veterans for medical or mental health services
(a) At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer for: Transfers of military members—An offender who is a member of…
Advisory Opinion 14-2006
Imposing fees on offenders transferring through the Compact
On-Demand - ICAOS 101 Eligibility for Transfer of Supervision & Reporting Instructions
This on-demand training module reviews key definitions in determining eligibility for transfer, covered offenses, criteria for mandatory and discretionary acceptances as well as qualifying reasons for reporting instructions. This module is approximately…
Displaying 61 - 90 of 287