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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… 2379 … 2369 … 2355 … 2351 … 2350 … relocate … 2397 … 2407 … definitions … 2006 … Relocate – means to remain in another state for more than 45 consecutive days in any 12 month period. … Definition - Relocate
As a general proposition, convicted persons enjoy no right to interstate travel or a constitutionally protected interest to supervision in another state. See Jones v. Helms, 452 U.S. 412, 418-20 (1981); Griffin v. Wisconsin, 483 U.S. 868, 874 (1987); U.S…
… PRACTICE NOTE: Offenders have no constitutional right to relocate. Sending states have no obligation to allow an offender to travel to or relocate in another state. Except as provided in the ICAOS … from other states. The ability of an individual offender to relocate and the obligations of states to either approve …
Whether or not the definition of the term ‘Relocate’ in ICAOS Rule 1.101 and as applicable in ICAOS Rule 2.110, should be interpreted to mean that an offender may not proceed and remain in another state for a cumulative period exceeding 45 days in any 12…
… Whether or not the definition of the term ‘Relocate’ in ICAOS Rule 1.101 and as applicable in ICAOS … opinion as to whether or not the definition of the term ‘Relocate’ in ICAOS Rule 1.101 should be interpreted to mean … are other states which do not interpret the definition of ‘Relocate’ to limit the time period within which an offender …
    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…
… with its own state laws. Additionally, once an offender relocates, the receiving state shall respond to requests for … to ensure full compliance by all parties. … notifications … relocate … victim … victim-sensitive … 2397 … 2419 … …
The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not…
… all pertinent information prior to allowing the offender to relocate to the receiving state. Under Rule 3.104 , a … from justice. See Rule 3.109 . … compliance … offender … relocate … transfer request … transfer … 2412 … 2413 … 2414 …
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…
… have held that convicted persons do not have a right to relocate from one state to another, courts have also …
The intent of the ICAOS is not to dictate judicial sentencing or place restrictions on the court’s discretion relative to sentencing. See Scott v. Virginia, 676 S.E.2d 343, 347 (Va. App. 2009). The ICAOS contains no provisions directing judges on…
… courts and parole authorities when an offender travels or relocates to a state other than the state that imposed the …
Authority to Issue Travel Permits Authority of judges and probation or parole officers to permit certain offenders to travel outside of Texas who, by reason of the type of crime committed or the duration of the travel, are not eligible for transfer of…
… of being unable to return to their home states or relocate during the term of their supervision than those … Compact for Adult Offender Supervision. Rule 1.101 “Relocate” means to remain in another state for more than 45 … ICAOS regulate the process by which covered offenders may relocate. However, an offender who is not subject to the …
As discussed, offenders have no constitutional travel rights and states have no constitutional obligations to open their doors to offenders from other states. Thus, ICAOS is the only mechanism by which states can regulate the interstate movement of adult…
… least theoretically, any state could order an offender to relocate to a non-member state without abiding by the most …
(a) No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact is not subject to…
… offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact … transfer of supervision to eligible offenders who 'relocate' to another state] 3-2012 [When an offender's … the extradition clause of the U.S. Constitution.] 4-2012 ['Relocate' does not appear to limit the cumulative number of …
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…
… either to withdraw the condition and allow the offender to relocate to the receiving state, or withdraw the transfer …
In 1934, Congress authorized the creation of interstate Compacts on crime control, which led to the 1937 Interstate Compact for the Supervision of Parolees and Probationers. Also referred to as the Interstate Compact for Probation and Parole or the…
Transfers fall into one of two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to place an offender outside the state rests exclusively with the sending state. See Rule 3.101. The offender has no constitutional right…
… as creating any constitutionally protected interest to relocate on behalf of an offender. Rather, Rule 3.101 … exceptions, a sending state shall not allow an offender to relocate without a receiving state’s explicit acceptance. See Rule 2.110 . Allowing the offender to relocate prior to acceptance may trigger two events: (1) the …
According the Commission’s definition of “offender,” the Commission can regulate the full range of adult offenders. An adult offender does not have to be on a traditionally applied formal “probation” or “parole” status to qualify for transfer and…
… no state may allow a person covered by the Compact to relocate to another state except as provided by the Compact … order or direct an eligible offender to leave a state and relocate to another state unless such relocation occurs in …
The following key terms and their definitions supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means to be absent from the offender’s approved place of residence and employment; and failing to…
… terms or conditions of the offender’s parole or probation; Relocate means to remain in another state for more than 45 … … notice of arrival … offender … probable cause … relocate … rules … supervision … violations … violent crime …
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…
… to address those offenders subject to probation who need to relocate to a state prior to acceptance and receiving …
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…
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements. Adult – means both…
… requests transfer of supervision or is transferred. Relocate – means to remain in another state for more than 45 … 12 month period. Reference: ICAOS Advisory Opinion 4-2012 [‘Relocate’ does not appear to limit the cumulative number of … amended September 13, 2005, effective January 1, 2006; “Relocate” adopted September 13, 2005, effective January 1, …
An offender being in the receiving state prior to investigation as a valid reason for rejection.
… offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact … and the rules as a condition of permitting an offender to relocate from a sending state to a receiving state. This … a sending state from allowing a supervised offender to relocate to a receiving state without the receiving state’s …
The Interstate Commission for Adult Offender Supervision is charged with overseeing the day-to-day operations of the Interstate Compact for Adult Offender Supervision, a formal agreement between member states that seeks to promote public safety by…
… where offenders are authorized to travel or to relocate, establish a system of uniform data collection, …
(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 supervision of an offender to another state shall submit a completed transfer request with all required…
… in a receiving state and the offender requests to relocate there and the offender meets the eligibility …
Whether an offender whose supervision was never transferred under the Compact and who subsequently absconds supervision is subject to the terms of the Compact and ICAOS rules and may the State from which the offender absconded return the offender under…
… the State of Montana. The offender was never authorized to relocate from California to Montana nor was a transfer … offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact … clearly states that, “The offender was never authorized to relocate from California to Montana nor was a transfer …
What is the effect of a Washington statute providing that the Department of Corrections is not authorized to supervise certain offenders who are sentenced to a term of community custody, community placement, or community supervision on supervision cases…
… offenders convicted and sentenced in Washington who wish to relocate to other states and who have previously been … subject to the compact’s transfer requirements and may relocate without notice. While this new law does not …
Whether an offender whose sentence in Maryland includes a requirement of successful completion of two (2) years in the Home Detention Program (HDP), or other such program in another state, should be considered to be subject to the Interstate Compact for…
… in Maryland, or similar program in another state, and relocates to the State of Florida, or any other compact …
Are offenders who are not eligible to transfer under the provisions of Rule 3.101 (a) or Rule 2.105 of the Rules of the Interstate Compact for Adult Offender Supervision permitted to transfer under Rule 3.101 (c) as a discretionary transfer?
… a person who is eligible for transfer under this Compact to relocate to another state except as provided by the …
Offenders in Federal Housing
Offenders sentenced under the Violent Predator Incapacitation Act who seek transfer CSL supervision outside the state of New Jersey.
… otherwise be eligible for transfer under the Compact to relocate their residency outside of the State of New Jersey … for the commission of an enumerated sexual offense, to relocate to other state without close community supervision. …
Published December 19, 2018 At the request of the Interstate Commission for Adult Offender Supervision’s (ICAOS) Executive Committee, the following legal analysis has been prepared in order to serve as a resource documenting the legal implications of the…
… states to track offenders who are authorized to travel or relocate across state lines. The system is also used to …
Clarification of Rule 3.101-3(c)(1) regarding sex offenders living in the receiving state at the time of sentencing and of Rule 4.103 regarding imposition and enforcement of special conditions. 1. Whether a sending state is required to provide details of…
… withdraw the special condition and allow the offender to relocate to the receiving state, or (2) withdraw the …
Whether a receiving state may require all documents concerning the offender which it considers relevant and the authority to return an offender whom it determines can no longer be safely supervised in that state as conditions precedent to accepting a…
… to an offender meeting the mandatory acceptance criteria to relocate, the receiving state must assume supervision over …
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