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 in physically removing an offender, or causing to have an offender removed, from a receiving state.
Support - Offenders Awaiting Retaking (Retaking)
The Offenders Awaiting Retaking report lists active cases in the receiving state with a violation report requiring retaking (mandatory) and availability marked as ‘Yes.’ It includes relevant transmission dates and information such as latest violation…
Support - Return in Lieu of Retaking (Retaking)
The Return in Lieu of Retaking report lists active cases in the receiving state with a violation requiring retake and a violation response ordering the offender to return. Charts distinguish cases between those with or without a transmitted returning RFRI…
Support - FY22 Q2 (October 2021-December 2021): Retaking management
Background on Retaking Management Four prior ICOTS enhancements to the Offender Violation Report (2013, 2017, 2018 & 2021 @ costs of $250k+) provide tools for ICOTS users to manage mandatory retaking.    In addition, several administrative reports…
Support - Discretionary Retaking Activity
The Discretionary Retaking activity communicates the Sending State’s intent to Retake under Rule 5.101 (b) ‘retake an offender via warrant’  Returns invoked under Rule 5.101 (a) use return reporting instructions. Activity Workflow The Discretionary…
Support - Offenders Awaiting Retaking ICOTS Report
Training Note: The national office hosts a number of useful reports on the ICAOS Dashboards. DCAs and Compact Office staff only need to log in to their website account to access. The Offenders Awaiting Retaking Report in ICOTS displays cases when: The …
Support - Removing Requirement for Retaking
Violation reports cannot be withdrawn once a state submitted and responded to. There are occasions when PC is not found, new information is learned, or an offender's situation changes after submission of the violation report. Available only to…
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
Rule 5.104 - Cost of retaking an offender
A sending state shall be responsible for the cost of retaking the offender. History: Adopted November 4, 2003, effective August 1, 2004.
Rule 5.105 - Time allowed for retaking an offender
A sending state shall retake an offender within 30 calendar days after the offender has been taken into custody on the sending state’s warrant and the offender is being held solely on the sending state’s warrant. History: Adopted November 4, 2003,…
Rule 5.110 - Retaking offenders from local, state or federal correctional facilities
(a) Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender’s release from that facility provided that– No detainer has been…
Chapter 5: Retaking
Rules governing retaking an offender under the compact of the Interstate Commission for Adult Offender Supervision
Support - Reporting Violations & Retaking
Reporting Violations & Retaking These training tools and resources discuss requirements and processes for reporting violations and retaking offenders. PowerPoint Presentation 104 Reporting Behavior Requiring Retaking 105 Mandatory Retaking for New…
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 an offender from the receiving state or a subsequent receiving state after the offender’s conviction for a new felony offense or new violent crime and: completion of a term of…
Rule 5.103-1 - Mandatory retaking for offenders 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 of the offender, file a detainer with the holding facility where the offender is in custody. (b) If an…
Bench Book - 3.5.1 Post-Transfer Change of the Underlying Circumstances
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…
Bench Book - 4.4 Arrest and Detention of Offenders in the Receiving 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 sending state…
Bench Book - 4.8 Bail Pending Return
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…
Bench Book - 4.3.2 Offenders Convicted of a Violent Crime
At the request of a receiving state, Rule 5.102 requires the sending state to retake an offender 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 physical…
Advisory Opinion 1-2010
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
Rule 5.107 - Officers retaking an offender
(a) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements. (b) The sending state shall be required to…
Bench Book - 4.3 Retaking
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…
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…
Support - Warrant Status Dashboard (Retaking)
  The Warrant Tracking Dashboard tracks warrant status entries and provides an audit tool for managing compact compliant warrants.   This dashboard tracks: Status of warrant entries Timeline of warrant entries Compact activity trigger for warrant entries…
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 offenders who fail to return to…
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 an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
Bench Book - 4.5 Discretionary Disposition of Violation
As previously discussed, Rule 5.102 requires the sending state to retake an offender for a new felony or violent crime conviction after the offender’s release from incarceration for the new crime. This may result in a considerable amount of time between…
Bench Book - 4.7 Post-Transfer Hearing Requirements
Post-Transfer Hearing Requirements
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 - 4.7.3.2.2 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…
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