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 31 - 60 of 71
Notwithstanding any other rule, if a supervised individual is charged with a subsequent felony or violent crime, the individual shall not be retaken or ordered to return until criminal charges have been dismissed, sentence has been satisfied, or the…
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…
The ICAOS recognizes that the transfer of supervision (and hence the relocation of an offender) is a matter of privilege subject to the absolute discretion of the sending state and, to a more limited extent, the discretion of the receiving state. Courts…
This on-demand training module includes: Retaking & Warrant Overview Discretionary Retaking & Mandatory Retaking
This on-demand training module includes: Violation Reports for Mandatory Retaking Types of Violations Requiring Retaking Documentation Expectations Managing the Retaking Process
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
A sending state shall be responsible for the cost of retaking the supervised individual. History: Adopted November 4, 2003, effective August 1, 2004, amended September 11, 2024, effective November 1, 2024
Rule 5.108 allows a supervised individual to waive a probable cause hearing. However, no waiver can be accepted unless the supervised individual admits to one or more violations of their supervision that would result in the pursuance of revocation in the…
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that a supervised individual has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101…
A sending state shall retake a supervised individual within 30 calendar days after the individual has been taken into custody on the sending state’s warrant and is held solely on the sending state’s warrant. History: Adopted November 4, 2003, effective…
The supervised individual may waive this hearing only if she or he admits to one or more violations of their supervision. See Rule 5.108(b), also Sanders v. Pennsylvania Board of Probation and Parole, 958 A.2d 582 (2008). Waiving the probable cause…
(a) Officers authorized by the law of a sending state may take custody of a supervised individual from a local, state or federal correctional facility at the expiration of the sentence or the individual's release from that facility provided that– No…
As previously discussed, Rule 5.102 requires the sending state to retake a supervised individual for a new felony or violent crime conviction after the individual’s release from incarceration for the new crime. This can lead to a significant delay between…
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…
 The ICAOS specifically creates distinct rights for victims of crime and certain obligations on courts and supervising authorities with respect to those rights. While the Compact statute itself is general on the rights, the commission’s rules spell out…
(a) Notification to victims upon transfer of supervised individuals—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…
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…
The Interstate Commission for Adult Offender Supervision (ICAOS) promulgates rules under Articles V and VIII of the Compact to improve outcomes and promote collaboration among member states. ICAOS aims to establish a uniform system that applies to all…
A supervised individual against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail or other release conditions in any state. History: Adopted November 4, 2003, effective August 1, 2004; amended…
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…
(a) Officers authorized under the law of a sending state may enter a state where the supervised individual is found and apprehend and retake the individual, subject to this compact, its rules, and due process requirements. (b) The sending state shall be…
When a probable cause hearing is required, the following elements of due process apply: Supervised individual’s rights Supervised Individuals are entitled to: Clear, written notice of his or her rights for a PC hearing.    Understand the purpose of the PC…
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…
Whether an offender is subject to retaking under the compact if a receiving state closes interest in a case pursuant to rule 4.112
Notwithstanding any other rule, a sentence imposing a period of incarceration on a supervised individual convicted of a new crime which occurred outside the sending state during the compact period may satisfy or partially satisfy the sentence imposed by…
(a) Upon a request from the receiving state, a sending state shall retake a supervised individual from the receiving state or a subsequent receiving state after the individual’s conviction for a new felony offense or new violent crime and: completion of a…
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…
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…
 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…
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…
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