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 opinionstraining modulesrules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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Supervision in the Receiving State
… Supervision in the Receiving State … supervision receiving state … 2019 … Bench Book - 3.4 Supervision in the …
While the sending state has sole authority to determine the duration of supervision either by way of the court’s sentence of by paroling authorities, the receiving state retains discretion as to the type of supervision it will provide. Rule 4.101…
… While the sending state has sole authority to determine the duration of … way of the court’s sentence of by paroling authorities, the receiving state retains discretion as to the type of supervision it will provide. Rule 4.101 obligates the receiving state to supervise the offender in a manner …
Transferring an offender’s supervision pursuant to the Compact does not deprive the sending state of jurisdiction over the offender, unless it is clear from the record that the sending state intended to relinquish jurisdiction. See, e.g., Scott v.…
… pursuant to the Compact does not deprive the sending state of jurisdiction over the offender, unless it is clear … v. Lemoine, 831 P.2d 1345 (Kan. Ct. App. 1992). While the receiving state exercises jurisdiction over the offender for … Advisory Opinion 3-2008 . The Compact does not give the receiving state the authority to revoke the probation or …
The courts have defined the relationship between sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state offenders the receiving state acts on behalf of and as an agent of the sending state…
… The courts have defined the relationship between sending state and receiving state officials as an agency relationship. Courts … recognize that in supervising out-of-state offenders the receiving state acts on behalf of and as an agent of the …
The Commission adopted Rule 3.103 to address those offenders subject to probation who need to relocate to a state prior to acceptance and receiving reporting instructions. This rule allows an offender who is living in the receiving state at the time of…
… offenders subject to probation who need to relocate to a state prior to acceptance and receiving reporting instructions. This rule allows an offender who is living in the receiving state at the time of initial sentencing, or after …
A receiving state is obligated to continue to supervise offenders “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.” See Rule 2.108. Therefore, it would be…
… A receiving state is obligated to continue to supervise offenders “who … who develop a physical disability while supervised in the receiving state.” See Rule 2.108 . Therefore, it would be …
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…
… 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 …
Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with the purpose…
… Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts … conditions of supervision … offender … parole … probation … receiving state … supervision … supervision in receiving
As discussed, the transfer of supervision of an offender is mandatory in some circumstances. Receiving states are required to accept transfer if the offender is eligible under Rules 3.101 and 3.101-1. As discussed in Chapter 4 regarding return of…
… of an offender is mandatory in some circumstances. Receiving states are required to accept transfer if the offender is … the transfer is purely a voluntary arrangement and the receiving state could demand the retaking of an offender …
For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the sending state. Furthermore, the…
… purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the … Furthermore, the violation of a condition imposed by the receiving state can be the basis of punitive action even …
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…
… privilege subject to the absolute discretion of the sending state and, to a more limited extent, the discretion of the receiving state. Courts have also recognized that under an … … offender … probable cause … probable cause hearing … receiving state … retaking … revocation … supervision in …
Conditions
… Conditions … supervision receiving state … 2019 … Bench Book - 3.6 Conditions …
Courts have generally upheld sex offender registration requirements for offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender…
… for offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender registration … supervision … sex offender … supervision … supervision in receiving state … supervision receiving state … 2019 … Bench …
Financial Obligations
… Financial Obligations … supervision receiving state … 2019 … Bench Book - 3.8 Financial Obligations …
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto intended to protect certain health care information from disclosure to authorized persons or entities. Generally, prior to disclosure of health…
… health care information to the authorities of another state, it is important to determine whether the release of … safety. Although HIPAA may arise in the context of an interstate transfer, several courts have concluded that HIPAA … supervision … terms of supervision … transfer … supervision receiving state … 2019 … Bench Book - 3.9 Implications, …
In interpreting the ICAOS and its rules, eligibility to transfer supervision is controlled by the nature of the offense, the nature of the sentence and the status of the offender, not the duration of supervision (as distinguished from the amount of…
… of supervision remaining under Rule 3.101 .) Rule 4.102 states, “A receiving state shall supervise an offender transferred … within the authority of the sending state. Officials in the receiving state have little to no discretion in the matter. …
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…
… to an offender contesting the condition. See People of the State of New York ex rel. William Stevenson v. Warden , 806 … graduated sanctions or short periods of confinement in the receiving state for violating the terms and conditions of … them to the sending state. The ICAOS rules require receiving states to “supervise an offender transferred under …
Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a…
… to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a supervision fee on an offender. … to note that once an offender transfers supervision to a receiving state, the authority of a sending state to collect …
Offenders may be granted travel permits. A travel permit is the “written permission granted to an offender authorizing the offender to travel from one state to another.” See Rule 1.101. Rule 3.110 requires a receiving state to provide notification to a…
… to an offender authorizing the offender to travel from one state to another.” See Rule 1.101 . Rule 3.110 requires a receiving state to provide notification to a sending state … or medical purposes.  See Rule 3.110 . … supervision in receiving state … temporary travel permit … travel permit … …
If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process…
… 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the … the interstate-transfer context, provide for it in the receiving state). The probable cause hearing required by … officials can preside over a probable cause hearing in the receiving state. … due process … offender … probable cause … …
Where the retaking of an offender may result in revocation of conditional release by the sending state, the offender is entitled to the basic due process considerations that are the foundation of the Supreme Court’s decisions in Morrissey and Gagnon, and…
… result in revocation of conditional release by the sending state, the offender is entitled to the basic due process … Presumably, hearings on violations that occurred in a receiving state that was geographically proximate to the … offender’s conditional release based on violations in the receiving state, the offender should be given a probable …
An offender 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 all…
… An offender who absconds from a receiving state is a fugitive from justice. The procedures for … the UERA. … abscond … absconder … extradition … offender … receiving state … retaking … revocation … supervision … …
    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…
… day after the issuance of reporting instructions by the receiving state. The sending state initiates notification procedures … state laws. Additionally, once an offender relocates, the receiving state shall respond to requests for offender …
As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision to retake an offender…
… noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has … an offender incurs charges for a subsequent offense in the receiving state, the sending state may not retake the …
Although receiving states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the Compact, the Compact and its rules would not prevent the receiving state from imposing post-acceptance testing…
… Although receiving states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the Compact, the Compact and its rules would not prevent the receiving state from imposing post-acceptance testing …
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
… A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery … result in a request for revocation of supervision in the receiving state. The definition of “behavior requiring …
The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment restrictions. Rule 3.101-3 addresses these challenges in order to promote offender…
… the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various … sending state until issuance of reporting instructions. A receiving state has five (5) business days to review an … denial may result if similar sex offenders sentenced in the receiving state would not be permitted to live at the …
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state must detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
… and the offender has committed the alleged violations, the receiving state must detain the offender in custody pending the … cause hearing report, the sending state must notify the receiving state of its intent to (1) retake the offender, or …
One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…
… is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending … documents related to the commission of a new crime in the receiving state from the Delaware probation officer, they … … retaking … revocation … supervision … supervision in receiving state … terms of supervision … violations … …
An offender subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state to admit an offender to bail pending completion of the retaking process, individual state law to the contrary…
… prohibits any court or paroling authority in any state to admit an offender to bail pending completion of the … previously recognized that under the ICPP officials in a receiving state were bound by no bail determinations made by … … by-laws … detain … detainer … due process … offender … receiving state … retaking … revocation … violations … 2451 …
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