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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For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the sending state. Furthermore, the…
… For purposes of revocation or other punitive action, a sending state is … of supervision … due process … offender … receiving state … revocation … sending state … supervision in receiving state … receiving state … violations … 2019 … Bench Book - 4.9 Revocation or Punitive Action by the Sending State – …
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…
… initial sentencing, or after disposition of a violation or revocation proceeding, to receive reporting instructions, … initial sentencing or after disposition of a violation or revocation proceeding . Therefore, the rule does not apply … instructions … request for reporting instructions … revocation … supervision type … supervision … transfer … …
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…
… proceedings in the sending state, which could result in revocation, the hearing officer in the receiving state … or graduated responses and would result in a request for revocation of supervision in the receiving state.” See Rule … to provide the sending state with a sufficient basis for revocation and voluntarily conducts such a hearing. Under …
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…
… or graduated responses and would result in a request for revocation of supervision in the receiving state. The … in the sending state, may not have constituted grounds for revocation. … behavior requiring retaking … offender … …
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…
… the distinction between retaking that may result in revocation and retaking that will not result in revocation. When there is no danger that the sending state … so may bar consideration of those violations in subsequent revocation proceedings in the sending state. PRACTICE NOTE: …
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 conditional release by the sending state, the … that: An offender subject to retaking that may result in revocation shall be afforded the opportunity for a probable … for other than the commission of a new criminal offense and revocation of conditional release by the sending state is …
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…
… obligated to provide counsel in circumstances of revocation or retaking. However, particularly with regard to revocation proceedings, a state should provide counsel to an … reasons in justification or mitigation that make revocation inappropriate. See generally, Gagnon, supra . …
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…
… some modicum of due process, particularly with regards to revocation, which impacts the retaking process. In addition … v. Brewer , 408 U.S. 471 (1972) (parolee entitled to revocation hearing); Gagnon v. Scarpelli , 411 U.S. 778 (1973) (probationer entitled to revocation hearing); Carchman v. Nash , 473 U.S. 716 (1985) …
Post-Transfer Hearing Requirements
… … offender … probable cause … probation … retaking … revocation … violations … retaking … returning offenders … …
In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court clarified that a Section 1983 action should not be used to challenge the validity of a criminal judgment. If the alleged civil rights violation would be one that would render a conviction,…
… or—in the case of a Compact offender—a probation or parole revocation invalid, then it should be raised either as part … 1983 action can be raised to challenge the use of improper revocation procedures in connection with the Compact. …
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…
… committed an offense of sufficient gravity as to justify revocation of release had the offender been under the … is implicitly admitting that their actions could justify revocation of supervised release. The critical elements of … … probable cause … probable cause hearing … retaking … revocation … supervision … violation report … violations … …
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…
… acknowledge the due process requirement of a preliminary revocation hearing recognized in Morrissey and Gagnon and, … the probable cause hearing. For example, in the context of revocation, it has been held that a parole officer not recommending revocation can act as a hearing officer without raising …
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…
… can form the basis for the offender’s return and ultimate revocation of their conditional release from incarceration. … … probable cause hearing … receiving state … retaking … revocation … supervision in receiving state … violations … …
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…
… or pattern of non-compliant behavior would not result in revocation under the standards of the sending state. So long … corrective action or graduated responses, and it meets the revocation standards of the receiving state, the sending … may also apply if the violations are to form the basis for revocation proceedings in the sending state. See Rule …
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…
… probable cause hearing requirements in Rule 5.108 unless revocation of conditional release is contemplated by the …
Transferring an offender’s supervision pursuant to the Compact does not deprive the sending state of jurisdiction over the offender, unless it is clear from the record that the sending state intended to relinquish jurisdiction. See, e.g., Scott v.…
… over the offender for purposes of probation or parole revocation. See ICAOS Advisory Opinion 3-2008 . The Compact … … 2360 … criminal case … offender … parole … probation … revocation … supervision … supervision in receiving state … …
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…
… but rather extends no further than the conditions imposed, revocation of the privilege generally does not deprive an offender of any legal right. Rather, revocation merely returns the offender to the same status … offender is entitled to some minimum due process prior to revocation. See Morrissey v. Brewer , 408 U.S. 471 (1972); …
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…
… … due process … offender … receiving state … retaking … revocation … violations … 2451 … retaking … returning …
Courts and paroling authorities have wide latitude in imposing conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the underlying offense, promote offender rehabilitation, not unreasonably impinge on…
… of this limited period of incarceration, in lieu of revocation of probation (‘Quick Dip’), would ‘qualify’ as a … imposition of limited periods of incarceration, in lieu of revocation, qualifies as a condition under Rule 4.103, …
One area for potential confusion centers on the issue of treatment in lieu of supervision or treatment as supervision. In such cases, courts may be inclined to defer sentence and require enrollment in a community based or in-house treatment program in…
… to the court, together with the potential for probation revocation upon failure to comply, is sufficient to trigger …
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…
… or graduated responses and would result in a request for revocation of supervision in the receiving state; Compliance … his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending state; …
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…
… … extradition … offender … receiving state … retaking … revocation … supervision … supervision in receiving state … …
Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with the purpose…
… bank robbery), nor because of the conduct that leading to revocation, but because of an unrelated 1986 sex-offense … , 863 A.2d 704 (Conn. Ct. App. 2005), the court held that revocation of an offender’s probation for violating a …
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…
… … probable cause … probable cause hearing … retaking … revocation … supervision … supervision in receiving state … …
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…
… to use violations in another state as a predicate for revocation of the offender’s conditional release. Neither … … probable cause hearing … receiving state … retaking … revocation … sending state … supervision … supervision in …
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…
… or determines that the pending charges are not a basis for revocation proceedings, the transfer application should not …
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…
The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment restrictions. Rule 3.101-3 addresses these challenges in order to promote offender…
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…
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