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 papers, advisory opinions, bylaws, policies, Hearing Officer's Guide, training modules, rules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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Definition - Retaking
Retaking - means the act of a sending state physically removing or causing to have a supervised individual removed, from a receiving state.
Chapter 5: Retaking
Rules governing retaking a supervised individual under the compact of the Interstate Commission for Adult Offender Supervision
Bench Book - 4.3 Retaking
As previously noted, Article I of ICAOS authorizes officers from a sending state to enter a receiving state, or any state where a supervised individual has absconded, for the purpose of retaking. Except for limited exceptions, the decision to retake lies…
Definition - Behavior Requiring Retaking
Behavior Requiring Retaking – means an act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for…
Advisory Opinion 1-2014
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
Advisory Opinion 1-2010
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
Rule 5.104 - Cost of Retaking a Supervised Individual
A sending state shall be responsible for the cost of retaking the supervised individual. History: Adopted November 4, 2003, effective August 1, 2004, amended September 11, 2024, effective November 1, 2024
Rule 5.105 - Time Allowed for Retaking a Supervised Individual
A sending state shall retake a supervised individual within 30 calendar days after the individual has been taken into custody on the sending state’s warrant and is held solely on the sending state’s warrant. History: Adopted November 4, 2003, effective…
Rule 5.110 - Retaking Supervised Individuals from Local, State or Federal Correctional Facilities
(a) Officers authorized by the law of a sending state may take custody of a supervised individual from a local, state or federal correctional facility at the expiration of the sentence or the individual's release from that facility provided that– No…
On-Demand - ICAOS 201 Retaking & Warrants
This on-demand training module includes: Retaking & Warrant Overview Discretionary Retaking & Mandatory Retaking
Bench Book - 3.5.1 Post-Transfer Change of the Underlying Circumstances
 As discussed, the transfer of supervision for a supervised individual is mandatory in some circumstances. Receiving states are required to accept the transfer if the individual meets the eligibility criteria outlined in Rules 3.101 and 3.101-1. As…
Bench Book - 4.4 Arrest and Detention of Supervised Individuals in the Receiving State
The courts have defined the relationship between the sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state supervised individuals the receiving state acts on behalf of and as an agent of…
Bench Book - 4.3.2 Supervised Individuals Convicted of a Violent Crime
At the request of a receiving state, Rule 5.102 requires the sending state to retake a supervised individual convicted of a violent crime. A violent crime is qualified by one of the following four criteria: (1) any crime involving the unlawful exertion of…
Bench Book - 4.8 Bail Pending Return
A supervised individual subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state from admitting a supervised individual to bail pending completion of the retaking process,…
Rule 5.102 - Mandatory Retaking for a New Felony or New Violent Crime Conviction
(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…
Rule 5.103-1 - Mandatory Retaking for Supervised Individuals Who Abscond
(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 …
On-Demand - ICAOS 202 Violation Reports for Mandatory Retaking
This on-demand training module includes: Violation Reports for Mandatory Retaking Types of Violations Requiring Retaking Documentation Expectations Managing the Retaking Process
Hearing Officer's Guide - V. Frequently Asked Questions
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…
Bench Book - 4.3.1 Violation Reports Requiring Retaking
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 4.109 - Violation Report(s) Requiring Retaking
(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…
Rule 5.101 - Discretionary Retaking by the Sending State
(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…
Rule 5.107 - Officers Retaking a Supervised Individual
(a) Officers authorized under the law of a sending state may enter a state where the supervised individual is found and apprehend and retake the individual, subject to this compact, its rules, and due process requirements. (b) The sending state shall be…
Bench Book - 4.7.3.1 When a Probable Cause Hearing is Not Required
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…
Advisory Opinion 3-2012
Whether an offender whose supervision was never transferred and who subsequently absconds supervision is subject to retaking under the terms of the Compact
Bench Book - 4.7 Post-Transfer Hearing Requirements
Post-Transfer Hearing Requirements
Bench Book - 4.6.1 Arrest of Absconders Who Fail to Return to Return to Sending State as Ordered
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…
Rule 5.103 - Supervised Individual Behavior Requiring Retaking
(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…
Bench Book - 4.7.3.2.2 Probable Cause Hearing Report
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,…
Bench Book - 4.2.1 Waiver of Extradition under the ICAOS
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…
Bench Book - 4.7.3.3 Probable Cause Hearings Waiver
The supervised individual may waive this hearing only if she or he admits to one or more violations of their supervision. See Rule 5.108(b), also Sanders v. Pennsylvania Board of Probation and Parole, 958 A.2d 582 (2008). Waiving the probable cause…
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