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 opinions, bylaws, policies, Hearing Officer's Guidetraining modulesrules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

Displaying 61 - 90 of 239
Whether an undocumented immigrant is subject to the Compact
(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 a supervised individual.  The sending state must notify the receiving state within 15 business days of their issuance of the…
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
Whether a receiving state can exceed the 45 day rule to determine if a supervision plan is valid for sex offenders
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…
 In addition to traditional cases where an individual 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 “…
While a state may be required to accept supervision based on the supervised individual’s eligibility status, the receiving state may determine that certain conditions are necessary at the time of acceptance. The receiving state can only impose conditions…
(a) For a supervised individual returning to the sending state, the receiving state shall request reporting instructions, unless the individual is under active criminal investigation or is charged with a subsequent felony or violent crime in the receiving…
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 supervised…
Imposing fees on offenders transferring through the Compact
(a) Upon a request by the receiving state and documentation that the supervised individual’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of the individual from the receiving state or a subsequent…
As the ICAOS governs the movement of supervised individuals 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…
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…
This on-demand training module includes: Probable Cause Hearing Overview & Purpose When a Probable Cause Hearing is Required Probable Cause Hearing Requirements Waiver of Probable Cause
The Commission adopted Rule 3.103 to address situations where individuals, upon sentencing, live in the receiving state and need to relocate before acceptance and receiving reporting instructions. This rule permits a supervised individual who is residing…
A receiving state shall continue supervising individuals 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 supervise individuals transferred under the interstate compact in a manner consistent with the supervision of other similar individuals sentenced in the receiving state, including the use of incentives, corrective actions,…
A receiving state shall require that a supervised individual transferred under the interstate compact comply with any registration and DNA testing requirements in accordance with the laws or policies of the receiving state and shall assist the sending…
A supervised individual 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…
Whether Rule 5.108 permits the use of 2-way closed circuit video for conducting probable cause
According to the Commission’s definition of “supervised individual,” the ICAOS can regulate a wide range of adults under supervision. An individual does not need to be on formal "probation" or "parole" to be eligible for transfer and supervision under the…
Transferring an individual’s supervision through the Compact does not deprive the sending state of jurisdiction over the individual unless the record indicates that the sending state intended to relinquish jurisdiction. See, e.g., Scott v. Virginia, 676 S…
(a) At the discretion of the sending state, a supervised individual 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—A supervised…
(a) A receiving state shall submit a progress report to the sending state within 30 calendar days of receiving a request. (b) A receiving state may initiate a progress report to document compliant or noncompliant behavior for supervised individuals that…
Notwithstanding the authority of the sending and receiving state to impose conditions on a supervised individual, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with…
(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…
A key objective of the ICAOS is to facilitate the effective transfer of supervised individuals between states and to manage their return to the sending state through mechanisms other than formal extradition. Consequently, a supervised individual's status…
A supervised individual convicted of a new conviction in the receiving state forming the basis for retaking is not entitled to further hearings, the conviction being conclusive as to the status of the individual’s violations of supervision and the right…
This on-demand training module discusses supervision responsibilities once a supervised individual's supervision is transferred to a receiving state. The module is approximately 25 minutes
 As discussed, the transfer of supervision for a supervised individual is mandatory in some circumstances. Receiving states are required to accept the transfer if the individual meets the eligibility criteria outlined in Rules 3.101 and 3.101-1. As…
Displaying 61 - 90 of 239