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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 The Commission’s rules provide an “expedited” option, allowing a supervised individual to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, both the sending and receiving states must agree that an…
(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…
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…
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,…
When interpreting the ICAOS and its rules, eligibility for transferring supervision hinges on the nature of the offense, the sentence imposed, and the status of the supervised individual, rather than the duration of supervision remaining under Rule 3.101…
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…
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) Eligibility for Transfer—At the discretion of the sending state a sex offender shall be eligible for transfer to a receiving state under the Compact rules. A sex offender shall not be allowed to leave the sending state until the sending state’s…
Is there a standard waiver for a probable cause hearing? No. States should follow the elements of a waiver that inform the supervised individual of the consequences of a waiver in writing to prevent any question as to the voluntary nature of the admission…
(a) Departure notifications—At the time of departure from any state pursuant to a transfer of supervision or the granting of reporting instructions, the state from which the supervised individual departs shall notify the intended receiving state, and, if…
(a) A sending state may submit a completed request for transfer of supervision no earlier than 120 calendar days prior to a supervised individual’s planned release from a correctional facility. (b) If a pre-release transfer request has been submitted, a…
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…
(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 …
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, if the supervised individual: (a) has more than 90…
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…
Rule 4.107 permits the collection of fees from individuals subject to the Compact. Specifically, Rule 4.107(a), allows the sending state to impose a transfer application fee, while Rule 4.107(b) authorizes the receiving state to impose a supervision fee.…
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…
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on a supervised individual. (b) Upon notice by the sending state that the supervised…
(a) When an supervised individual submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, the victim notification authority in the sending state shall inform victims of the supervised individual…
Rule 3.101-1 addresses three categories of military individuals: (1) military personnel, (2) family members living with military personnel; and (3) veterans for medical or mental health services. Military Personnel are eligible for reporting instructions…
(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…
Whether a receiving state can make a determination of substantial compliance if an offender commits a crime in the receiving state during the period of investigation or has an outstanding warrant
(a) A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report. (b) A violation report shall contain– supervised individual’s…
A supervised individual who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition for accepting the transfer. Imposing such “pre-acceptance” requirements on…
(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…
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning supervised individuals who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states…
(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…
 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…
This on-demand training module includes: Retaking & Warrant Overview Discretionary Retaking & Mandatory Retaking
While the Compact does not create a private right of action, this does not leave supervised individuals without recourse under Section 1983. Instead, their claims must be framed as violations of constitutionally protected rights. There are numerous…
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