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, training modules, rules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.
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…
… a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision … Several exceptions limit the sending state’s discretion for retaking an offender. These exceptions, invoked by a receiving state, require retaking by the sending state when supervision is no longer …
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…
… that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act or pattern of … the receiving state. The definition of “behavior requiring retaking” has not been judicially construed; however, the …
As previously discussed, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2004). Accordingly, the agreement created a Compact that must be construed as federal law enforceable on member states through the Supremacy Clause and…
… & Duties of the Interstate Commission. … behavior requiring retaking … interstate compacts … 2019 … Bench Book - 2.6 …
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…
… state for the commission of a crime and is not subject to retaking unless the receiving state consents, the term of … state based on its intent to retake the offender. Such a retaking can occur based on a demand by the receiving state … Ct. App. 1993) (offender cannot be admitted to bail pending retaking); Crady v. Cranfill , 371 S.W.2d 640 (Ky. Ct. App. …
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…
… An offender subject to retaking proceedings has no right to bail. Rule 5.111 … to admit an offender to bail pending completion of the retaking process, individual state law to the contrary … found no error in denying bail to an offender subject to retaking as the Compact made no provision for bail. And in …
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…
… violent crime or the offender engages in behavior requiring retaking. See Rule 5.102 and 5.103 . This presents a … arrangement and the receiving state could demand the retaking of an offender based on a change of circumstances … of support, the failure to do so being cause to demand retaking by the sending state. However, any conditions …
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…
… sex offense requiring registration. … behavior requiring retaking … conviction … felony … offender … retaking … supervision in receiving state … violation report … violations … violent crime … 2397 … 2440 … retaking … returning offenders … violations … 2019 … Bench …
An offender 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 offender’s violations of supervision and the right of the sending…
… new conviction in the receiving state forming the basis for retaking is not entitled to further hearings, the conviction … 1988) It is important to emphasize the distinction between retaking that may result in revocation and retaking that will not result in revocation. When there is …
Post-Transfer Hearing Requirements
… Requirements … offender … probable cause … probation … retaking … revocation … violations … retaking … returning offenders … supervision receiving state …
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…
… conviction … detain … detainer … discretionary … offender … retaking … violations … 2437 … 2439 … 2440 … 2441 … …
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 ten (10) business days. Warrant requirements apply to offenders who fail to return to the…
… area. … abscond … absconder … arrest … behavior requiring retaking … detain … detainer … failure to arrive … offender … receiving state … retaking … sending state … violations … warrant … 2435 … 2437 … 2441 … 2451 … retaking … returning offenders … violations … warrants … …
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…
… 5.108 be read in conjunction with other rules regarding retaking and conditions, since this may affect the outcome … However, a determination made in a proceeding for mandatory retaking must be made in view of Rule 5.103(a) . This rule … that the offender has engaged in behavior requiring retaking. See Rule 5.103(a) . To support the receiving …
Under the rules of the Commission, a state is not specifically obligated to provide counsel in circumstances of revocation or retaking. However, particularly with regard to revocation proceedings, a state should provide counsel to an indigent offender if…
… to provide counsel in circumstances of revocation or retaking. However, particularly with regard to revocation … counsel would generally not be required in the context of retaking and the sending state does not intend to revoke … from post-trial proceedings – its direct application to retaking proceedings may be of limited value; however, the …
Offenders, including those subject to supervision under the ICAOS, have limited rights. Conditional release is a privilege not guaranteed by the Constitution; it is an act of grace, a matter of pure discretion on the part of sentencing or corrections…
… particularly with regards to revocation, which impacts the retaking process. In addition to the rules of the … … probable cause … probable cause hearing … probation … retaking … revocation … violations … retaking … returning offenders … violations … 2019 … Bench …
If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process…
… the application of due process procedures in a particular retaking proceeding, it is important to consult with local … probable cause … probable cause hearing … receiving state … retaking … revocation … supervision … supervision in receiving state … violations … 2448 … retaking … returning offenders … violations … 2019 … Bench …
Where the retaking of an offender may result in revocation of conditional release by the sending state, the offender is entitled to the basic due process considerations that are the foundation of the Supreme Court’s decisions in Morrissey and Gagnon, and…
… Where the retaking of an offender may result in revocation of … 5.108(a) provides, in part, that: An offender subject to retaking that may result in revocation shall be afforded the … an offender must be afforded a probable cause hearing where retaking is for other than the commission of a new criminal …
The offender 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). The effect of waiving the probable cause…
… is apprised of the facts and circumstances supporting their retaking; The offender is apprised that by waiving the right … to contest the facts and circumstances supporting their retaking; The offender admits in writing to one or more … sending state based on the admissions. … behavior requiring retaking … conditions of supervision … due process … …
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate the terms and condition of their supervision. The ICAOS specifically provides that:
The Compacting states recognize that…
… by Congress relating to interstate apprehension and retaking of offenders without formalities and without … in another state by permission and therefore subject to the retaking provisions of the Compact); Cook v. Kern , 330 F.2d … See Rule 5.108(e) & (f) . … behavior requiring retaking … extradition … offender … probable cause … …
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state must detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
… any warrant it has issued. In sum, offenders subject to retaking are entitled to a probable cause hearing only in … the distinction between a probable cause hearing and a retaking hearing. Under the Compact, any sending state has … a probable cause type hearing in all circumstances of retaking. See Johnson v. State , 957 N.E.2d 660 (Ind. App. …
Upon receipt of a violation report for an absconding offender, a sending state must issue a national arrest warrant on notification that the offender has absconded. If the absconding offender is apprehended in the receiving state, the sending state shall…
… … detainer … probable cause … probable cause hearing … retaking … supervision in receiving state … violations … warrant … 2442 … 2448 … retaking … returning offenders … violations … warrants … …
Through its rules, the Commission allows an “expedited” option, which effectively allows the offender to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, the sending and receiving state must agree that…
… If the offender fails to return to the sending state, retaking procedures must be initiated to obtain custody and return the offender. Retaking in this context would not appear to trigger the …
A receiving state is obligated to continue to supervise offenders “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.” See Rule 2.108. Therefore, it would be…
One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…
… took place. … compact … offender … parole … probation … retaking … revocation … supervision … supervision in …
Although receiving states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the Compact, the Compact and its rules would not prevent the receiving state from imposing post-acceptance testing…
… registration or psychological testing, could be grounds for retaking. The same rule would apply to discretionary …
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…
… probable cause … probable cause hearing … receiving state … retaking … revocation … supervision in receiving state … violations … 2448 … retaking … returning offenders … supervision receiving state …
As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court…
… supervision agreement and can result in the sending state retaking the offender and revoking probation or parole. See, …
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…
… … absconder … extradition … offender … receiving state … retaking … revocation … supervision … supervision in …
That the Compact itself does not create a private right of action does not mean that offenders subject to it are left without a remedy under Section 1983. Instead, it means that their complaints must be framed as violations of a right enumerated in the…
… learned that the sending state (Michigan) would not pursue retaking. The court rejected the offender’s argument that …
Of the powers of the Commission, none is more unique and all encompassing than its rulemaking authority. The rules promulgated by the Commission have the force and effect of statutory law within member states and therefore must be given full effect by all…
… state to a receiving state as well as the return to or retaking by a sending state. The ICAOS Rules are binding 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…
… Compact transfer of supervision; Behavior Requiring Retaking means an act or pattern of non-compliance with …