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.

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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,…
*/ As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the supervised individual's approved place of residence and employment; and failing to comply with reporting requirements. '…
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
Imposing fees on offenders transferring through the Compact
Whether sex offenders can travel out of state once they are transferred to a receiving state
Whether an offender whose supervision was never transferred and who subsequently absconds supervision is subject to retaking under the terms of the Compact
Whether an undocumented immigrant is subject to the Compact
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Whether receiving states can denying reporting instructions based on an invalid plan of supervision
Whether offenders sentenced to home detention programs are 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
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
Whether an offender who has been arrested and released on bail for pending charges in the receiving state may be apprehended and detained for retaking by the sending state pending resolution of the new criminal charge
The effect of a Washington statute that prohibits certain offenders from being under supervision
Whether the second or subsequent misdemeanor DUI meets ICAOS eligibility
Whether offenders who seek to reside in federal housing are eligible for transfer under the Compact
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
Whether an offender granted a conditional pardon and moved to a secure treatment facility is eligible for transfer under the Compact
How states should manage absconders apprehended in the receiving state
Whether a receiving state can predicate acceptance to a residential program on the sending state agreeing to retake if the offender fails to complete the program.
Effect of New Jersey statute on acquitted persons by reason of insanity
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…
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.…
Upon receiving a violation report for an absconding supervised individual, the sending state must issue a national arrest warrant once notified of the individual's absconding status. If the absconding individual is apprehended in the receiving state, the…
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…
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…
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…
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…
(a) Within 15 business days of receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension, file a detainer with the holding facility where the supervised individual is in custody. (b) If a …
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