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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Whether the offender being in the receiving state prior to investigation is a valid reason for rejection
Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state
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 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…
 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) A sending state may request transfer of supervision of a supervised individual who does not meet the eligibility requirements in Rule 3.101, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of…
In general, Section 1983 liability will not be predicated solely on a theory of respondeat superior. For example, a chief probation officer or other supervisor or manager will not automatically be deemed vicariously liable simply because he or she sits…
(a) Acceptance, rejection or termination of supervision of a supervised individual under this compact shall be made only with the involvement and concurrence of a state’s compact administrator or the compact administrator’s designated deputies. (b) All…
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
The Commission's rules can significantly affect the time between the final disposition of a case and the supervised individual’s ability to move to another state. Even if the supervised individual is eligible for transfer under the Compact, the court…
(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…
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…
Among the powers of the Commission, its rulemaking authority is the most distinctive and far-reaching. The rules established by the Commission carry the force of statutory law within member states and must be fully enforced by all state agencies and…
Transfers are classified into two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to transfer a supervised individual to another state lies solely with the sending state. See Rule 3.101. The supervised individual does…
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…
(a) No state shall permit a supervised individual who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) A supervised individual who is not eligible for transfer under this…
(a) A sending state may request that a receiving state agree to expedited reporting instructions for a supervised individual if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination. If the…
(a) Except as provided in sections (c) & (d), and subject to the exceptions in Rule 3.103 and 3.106, a sending state seeking to transfer a supervised individual to another state shall submit a completed transfer request with all required information…
(a) A request for reporting instructions for a supervised individual who was living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding shall be submitted by the sending state within 7…
(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…
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.
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…
Whether receiving states can denying reporting instructions based on an invalid plan of supervision
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Authority to issue travel permits
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
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